Full Text of HB0003 103rd General Assembly
HB0003ham002 103RD GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 2/23/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3
| 2 | | AMENDMENT NO. ______. Amend House Bill 3 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the | 5 | | Reproductive Liberty and Justice Act. | 6 | | Section 5. The Substance Use Disorder Act is amended by | 7 | | adding Section 35-15 as follows: | 8 | | (20 ILCS 301/35-15 new) | 9 | | Sec. 35-15. Plans of Safe Care. The Division of Substance | 10 | | Use Prevention and Recovery, in consultation with the Illinois | 11 | | Perinatal Quality Collaborative or its successor organization, | 12 | | shall develop a standardized Plan of Safe Care form to support | 13 | | discharge planning for mothers and infants affected by | 14 | | prenatal substance exposure. Plans of Safe Care shall not be | 15 | | recorded in the State Central Registry described in Section 7 |
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| 1 | | of the Abused and Neglected Child Reporting Act and shall not | 2 | | be discoverable or admissible as evidence in any proceeding | 3 | | pursuant to the Juvenile Court Act of 1987 or the Adoption Act | 4 | | unless the named party waives his or her right to | 5 | | confidentiality in writing. | 6 | | As used in this Section, "Plan of Safe Care" means a | 7 | | written or electronic document designed to ensure the safety | 8 | | and well-being of a newborn who has been identified by his or | 9 | | her health care provider as being affected by prenatal | 10 | | substance exposure or withdrawal symptoms, or a fetal alcohol | 11 | | spectrum disorder (FASD), and his or her gestational parent. | 12 | | Section 10. The Hospital Licensing Act is amended by | 13 | | changing Section 11.4 and by adding Section 11.9 as follows:
| 14 | | (210 ILCS 85/11.4)
| 15 | | Sec. 11.4. Disposition of fetus. A hospital having custody | 16 | | of a fetus
following a spontaneous fetal demise occurring | 17 | | during or after a gestation period of less
than 20 completed | 18 | | weeks must notify the mother
of her right to arrange for
the | 19 | | burial or cremation of the fetus.
Notification may also | 20 | | include other options such as, but not limited to, a
ceremony, | 21 | | a certificate, or common burial or cremation of fetal tissue. | 22 | | If, within 24 hours
after being notified
under this Section, | 23 | | the mother elects in writing to arrange for the burial or
| 24 | | cremation of the fetus, the disposition of the fetus shall be |
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| 1 | | subject to the
same laws and rules that apply in the case of a | 2 | | fetal death that occurs in this
State after a gestation period | 3 | | of 20 completed weeks or more. The
Department of Public Health | 4 | | shall develop forms to be used for notifications
and elections | 5 | | under this Section
and hospitals shall provide the forms to
| 6 | | the mother.
| 7 | | (Source: P.A. 96-338, eff. 1-1-10.)
| 8 | | (210 ILCS 85/11.9 new) | 9 | | Sec. 11.9. Certificate of birth resulting in stillbirth; | 10 | | notification. This Section may be referred to as Liam's Law. | 11 | | A hospital having custody of a fetus
following a | 12 | | spontaneous fetal death occurring during or after a gestation | 13 | | period of at least
20 completed weeks must notify the | 14 | | gestational parent
of the parent's right to receive a | 15 | | certificate of birth resulting in stillbirth as described in | 16 | | Section 20.5 of the Vital Records Act. The
Department of | 17 | | Public Health shall develop a form to be used for notification | 18 | | under this Section
and hospitals shall provide the form to
the | 19 | | gestational parent. This form shall be known as a "Liam's Law | 20 | | notice." The Department of Public Health shall consult with | 21 | | the 2 Illinois-based Fetal Infant Mortality Review Project | 22 | | Community Action Teams, or their successor organizations, to | 23 | | ensure that any language included in the standardized "Liam's | 24 | | Law notice" is culturally sensitive to the needs of bereaved | 25 | | families. The "Liam's Law notice" shall be available in both |
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| 1 | | English and Spanish. | 2 | | Section 15. The Abused and Neglected Child Reporting Act | 3 | | is amended by changing Sections 3, 5, and 7.3 and by adding | 4 | | Section 3.5 as follows: | 5 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 6 | | Sec. 3. As used in this Act unless the context otherwise | 7 | | requires: | 8 | | "Adult resident" means any person between 18 and 22 years | 9 | | of age who resides in any facility licensed by the Department | 10 | | under the Child Care Act of 1969. For purposes of this Act, the | 11 | | criteria set forth in the definitions of "abused child" and | 12 | | "neglected child" shall be used in determining whether an | 13 | | adult resident is abused or neglected. | 14 | | "Agency" means a child care facility licensed under | 15 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 16 | | includes a transitional living program that accepts children | 17 | | and adult residents for placement who are in the guardianship | 18 | | of the Department. | 19 | | "Blatant disregard" means an incident where the real, | 20 | | significant, and imminent risk of harm would be so obvious to a | 21 | | reasonable parent or caretaker that it is unlikely that a | 22 | | reasonable parent or caretaker would have exposed the child to | 23 | | the danger without exercising precautionary measures to | 24 | | protect the child from harm. With respect to a person working |
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| 1 | | at an agency in his or her professional capacity with a child | 2 | | or adult resident, "blatant disregard" includes a failure by | 3 | | the person to perform job responsibilities intended to protect | 4 | | the child's or adult resident's health, physical well-being, | 5 | | or welfare, and, when viewed in light of the surrounding | 6 | | circumstances, evidence exists that would cause a reasonable | 7 | | person to believe that the child was neglected. With respect | 8 | | to an agency, "blatant disregard" includes a failure to | 9 | | implement practices that ensure the health, physical | 10 | | well-being, or welfare of the children and adult residents | 11 | | residing in the facility. | 12 | | "CAPTA notification" refers to notification to the | 13 | | Department of an infant who has been born and identified as | 14 | | affected by prenatal substance exposure or a fetal alcohol | 15 | | spectrum disorder as required under the federal Child Abuse | 16 | | Prevention and Treatment Act. | 17 | | "Child" means any person under the age of 18 years, unless | 18 | | legally
emancipated by reason of marriage or entry into a | 19 | | branch of the United
States armed services. | 20 | | "Department" means Department of Children and Family | 21 | | Services. | 22 | | "Local law enforcement agency" means the police of a city, | 23 | | town,
village or other incorporated area or the sheriff of an | 24 | | unincorporated
area or any sworn officer of the Illinois State | 25 | | Police. | 26 | | "Abused child"
means a child whose parent or immediate |
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| 1 | | family
member,
or any person responsible for the child's | 2 | | welfare, or any individual
residing in the same home as the | 3 | | child, or a paramour of the child's parent: | 4 | | (a) inflicts, causes to be inflicted, or allows to be
| 5 | | inflicted upon
such child physical injury, by other than | 6 | | accidental means, which causes
death, disfigurement, | 7 | | impairment of physical or
emotional health, or loss or | 8 | | impairment of any bodily function; | 9 | | (b) creates a substantial risk of physical injury to | 10 | | such
child by
other than accidental means which would be | 11 | | likely to cause death,
disfigurement, impairment of | 12 | | physical or emotional health, or loss or
impairment of any | 13 | | bodily function; | 14 | | (c) commits or allows to be committed any sex offense | 15 | | against
such child,
as such sex offenses are defined in | 16 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 17 | | and extending those definitions of sex offenses to include | 18 | | children under
18 years of age; | 19 | | (d) commits or allows to be committed an act or acts of
| 20 | | torture upon
such child; | 21 | | (e) inflicts excessive corporal punishment or, in the | 22 | | case of a person working for an agency who is prohibited | 23 | | from using corporal punishment, inflicts corporal | 24 | | punishment upon a child or adult resident with whom the | 25 | | person is working in his or her professional capacity; | 26 | | (f) commits or allows to be committed
the offense of
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| 1 | | female
genital mutilation, as defined in Section 12-34 of | 2 | | the Criminal Code of
2012, against the child; | 3 | | (g) causes to be sold, transferred, distributed, or | 4 | | given to
such child
under 18 years of age, a controlled | 5 | | substance as defined in Section 102 of the
Illinois | 6 | | Controlled Substances Act in violation of Article IV of | 7 | | the Illinois
Controlled Substances Act or in violation of | 8 | | the Methamphetamine Control and Community Protection Act, | 9 | | except for controlled substances that are prescribed
in | 10 | | accordance with Article III of the Illinois Controlled | 11 | | Substances Act and
are dispensed to such child in a manner | 12 | | that substantially complies with the
prescription; | 13 | | (h) commits or allows to be committed the offense of | 14 | | involuntary servitude, involuntary sexual servitude of a | 15 | | minor, or trafficking in persons as defined in Section | 16 | | 10-9 of the Criminal Code of 2012 against the child; or | 17 | | (i) commits the offense of grooming, as defined in | 18 | | Section 11-25 of the Criminal Code of 2012, against the | 19 | | child. | 20 | | A child shall not be considered abused for the sole reason | 21 | | that the child
has been relinquished in accordance with the | 22 | | Abandoned Newborn Infant
Protection Act. | 23 | | "Neglected child" means any child who is not receiving the | 24 | | proper or
necessary nourishment or medically indicated | 25 | | treatment including food or care
not provided solely on the | 26 | | basis of the present or anticipated mental or
physical |
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| 1 | | impairment as determined by a physician acting alone or in
| 2 | | consultation with other physicians or otherwise is not | 3 | | receiving the proper or
necessary support or medical or other | 4 | | remedial care recognized under State law
as necessary for a | 5 | | child's well-being, or other care necessary for his or her
| 6 | | well-being, including adequate food, clothing and shelter; or | 7 | | who is subjected to an environment which is injurious insofar | 8 | | as (i) the child's environment creates a likelihood of harm to | 9 | | the child's health, physical well-being, or welfare and (ii) | 10 | | the likely harm to the child is the result of a blatant | 11 | | disregard of parent, caretaker, person responsible for the | 12 | | child's welfare, or agency responsibilities; or who is | 13 | | abandoned
by his or her parents or other person responsible | 14 | | for the child's welfare
without a proper plan of care; or who | 15 | | has been provided with interim crisis intervention services | 16 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | 17 | | parent, guardian, or custodian refuses to
permit
the child to | 18 | | return home and no other living arrangement agreeable
to the | 19 | | parent, guardian, or custodian can be made, and the parent, | 20 | | guardian, or custodian has not made any other appropriate | 21 | | living arrangement for the child ; or who is a newborn infant | 22 | | whose blood, urine,
or meconium
contains any amount of a | 23 | | controlled substance as defined in subsection (f) of
Section | 24 | | 102 of the Illinois Controlled Substances Act or a metabolite | 25 | | thereof,
with the exception of a controlled substance or | 26 | | metabolite thereof whose
presence in the newborn infant is the |
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| 1 | | result of medical treatment administered
to the mother or the | 2 | | newborn infant . A child shall not be considered neglected
for | 3 | | the sole reason that the child's parent or other person | 4 | | responsible for his
or her welfare has left the child in the | 5 | | care of an adult relative for any
period of time. A child shall | 6 | | not be considered neglected for the sole reason
that the child | 7 | | has been relinquished in accordance with the Abandoned Newborn
| 8 | | Infant Protection Act. A child shall not be considered | 9 | | neglected or abused
for the
sole reason that such child's | 10 | | parent or other person responsible for his or her
welfare | 11 | | depends upon spiritual means through prayer alone for the | 12 | | treatment or
cure of disease or remedial care as provided | 13 | | under Section 4 of this Act. A
child shall not be considered | 14 | | neglected or abused solely because the child is
not attending | 15 | | school in accordance with the requirements of Article 26 of | 16 | | The
School Code, as amended. | 17 | | "Child Protective Service Unit" means certain specialized | 18 | | State employees of
the Department assigned by the Director to | 19 | | perform the duties and
responsibilities as provided under | 20 | | Section 7.2 of this Act. | 21 | | "Near fatality" means an act that, as certified by a | 22 | | physician, places the child in serious or critical condition, | 23 | | including acts of great bodily harm inflicted upon children | 24 | | under 13 years of age, and as otherwise defined by Department | 25 | | rule. | 26 | | "Great bodily harm" includes bodily injury which creates a |
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| 1 | | high probability of death, or which causes serious permanent | 2 | | disfigurement, or which causes a permanent or protracted loss | 3 | | or impairment of the function of any bodily member or organ, or | 4 | | other serious bodily harm. | 5 | | "Person responsible for the child's welfare" means the | 6 | | child's parent;
guardian; foster parent; relative caregiver; | 7 | | any person responsible for the
child's welfare in a public or | 8 | | private residential agency or institution; any
person | 9 | | responsible for the child's welfare within a public or private | 10 | | profit or
not for profit child care facility; or any other | 11 | | person responsible for the
child's welfare at the time of the | 12 | | alleged abuse or neglect, including any person who commits or | 13 | | allows to be committed, against the child, the offense of | 14 | | involuntary servitude, involuntary sexual servitude of a | 15 | | minor, or trafficking in persons for forced labor or services, | 16 | | as provided in Section 10-9 of the Criminal Code of 2012, | 17 | | including, but not limited to, the custodian of the minor, or | 18 | | any person who
came to know the child through an official | 19 | | capacity or position of trust,
including, but not limited to, | 20 | | health care professionals, educational personnel,
recreational | 21 | | supervisors, members of the clergy, and volunteers or
support | 22 | | personnel in any setting
where children may be subject to | 23 | | abuse or neglect. | 24 | | "Temporary protective custody" means custody within a | 25 | | hospital or
other medical facility or a place previously | 26 | | designated for such custody
by the Department, subject to |
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| 1 | | review by the Court, including a licensed
foster home, group | 2 | | home, or other institution; but such place shall not
be a jail | 3 | | or other place for the detention of criminal or juvenile | 4 | | offenders. | 5 | | "An unfounded report" means any report made under this Act | 6 | | for which
it is determined after an investigation that no | 7 | | credible evidence of
abuse or neglect exists. | 8 | | "An indicated report" means a report made under this Act | 9 | | if an
investigation determines that credible evidence of the | 10 | | alleged
abuse or neglect exists. | 11 | | "An undetermined report" means any report made under this | 12 | | Act in
which it was not possible to initiate or complete an | 13 | | investigation on
the basis of information provided to the | 14 | | Department. | 15 | | "Subject of report" means any child reported to the | 16 | | central register
of child abuse and neglect established under | 17 | | Section 7.7 of this Act as an alleged victim of child abuse or | 18 | | neglect and
the parent or guardian of the alleged victim or | 19 | | other person responsible for the alleged victim's welfare who | 20 | | is named in the report or added to the report as an alleged | 21 | | perpetrator of child abuse or neglect. | 22 | | "Perpetrator" means a person who, as a result of | 23 | | investigation, has
been determined by the Department to have | 24 | | caused child abuse or neglect. | 25 | | "Member of the clergy" means a clergyman or practitioner | 26 | | of any religious
denomination accredited by the religious body |
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| 1 | | to which he or she belongs. | 2 | | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | 3 | | 102-813, eff. 5-13-22.) | 4 | | (325 ILCS 5/3.5 new) | 5 | | Sec. 3.5. CAPTA notification. The Department shall develop | 6 | | a standardized CAPTA notification form that is separate and | 7 | | distinct from the form for written confirmation reports of | 8 | | child abuse or neglect as described in Section 7 of this Act. A | 9 | | CAPTA notification shall not be treated as a report of | 10 | | suspected child abuse or neglect under this Act. CAPTA | 11 | | notifications shall not be recorded in the State Central | 12 | | Registry and shall not be discoverable or admissible as | 13 | | evidence in any proceeding pursuant to the Juvenile Court Act | 14 | | of 1987 or the Adoption Act.
| 15 | | (325 ILCS 5/5) (from Ch. 23, par. 2055)
| 16 | | Sec. 5.
An officer of a local law enforcement agency, | 17 | | designated
employee of the Department, or a physician treating | 18 | | a child may take or
retain temporary protective custody of the | 19 | | child without the consent of
the person responsible for the | 20 | | child's welfare, if (1) he has reason to
believe that there | 21 | | exists a substantial and imminent risk of death, serious | 22 | | illness, or severe personal injury to the child if he or she is | 23 | | not immediately removed from his or her the
child cannot be | 24 | | cared for at home or from in the
custody of the
person |
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| 1 | | responsible for the child's welfare without endangering the | 2 | | child's
health or safety ; and (2) there is not time to apply
| 3 | | for a court order under the Juvenile Court Act of 1987 for | 4 | | temporary
custody of the child. The person taking or retaining | 5 | | a child in temporary
protective custody shall immediately make | 6 | | every reasonable effort to
notify the person responsible for | 7 | | the child's welfare and shall
immediately notify the | 8 | | Department. The Department shall provide to the
temporary | 9 | | caretaker of a child any information in the Department's
| 10 | | possession concerning the positive results of a test performed | 11 | | on the child
to determine the presence of the antibody or | 12 | | antigen to Human
Immunodeficiency Virus (HIV), or of HIV | 13 | | infection, as well as any
communicable diseases or | 14 | | communicable infections that the child has. The
temporary | 15 | | caretaker of a child shall not disclose to another person any
| 16 | | information received by the temporary caretaker from the | 17 | | Department
concerning the results of a test performed on the | 18 | | child to determine the
presence of the antibody or antigen to | 19 | | HIV, or of HIV infection, except
pursuant to Section 9 of the | 20 | | AIDS Confidentiality Act, as now or hereafter
amended. The | 21 | | Department shall promptly
initiate proceedings under the | 22 | | Juvenile Court Act of 1987 for the
continued temporary custody | 23 | | of the child.
| 24 | | Where the physician keeping a child in his custody does so | 25 | | in his
capacity as a member of the staff of a hospital or | 26 | | similar institution,
he shall notify the person in charge of |
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| 1 | | the institution or his
designated agent, who shall then become | 2 | | responsible for the further care
of such child in the hospital | 3 | | or similar institution under the direction
of the Department.
| 4 | | Said care includes, but is not limited to the granting of | 5 | | permission
to perform emergency medical treatment to a minor | 6 | | where the treatment itself
does not involve a substantial risk | 7 | | of harm to the minor and the failure
to render such treatment | 8 | | will likely result in death or permanent harm to
the minor, and | 9 | | there is not time to apply for a court order under the Juvenile
| 10 | | Court Act of 1987.
| 11 | | Any person authorized and acting in good faith in the | 12 | | removal of a
child under this Section shall have immunity from | 13 | | any liability, civil
or criminal that might otherwise be | 14 | | incurred or imposed as a result of
such removal. Any physician | 15 | | authorized and acting in good faith and in
accordance with | 16 | | acceptable medical practice in the treatment of a child
under | 17 | | this Section shall have immunity from any liability, civil or | 18 | | criminal,
that might otherwise be incurred or imposed as a | 19 | | result of granting permission
for emergency treatment.
| 20 | | With respect to any child taken into temporary protective | 21 | | custody
pursuant to this Section, the Department of Children | 22 | | and Family Services
Guardianship Administrator or his designee | 23 | | shall be deemed the child's
legally authorized
representative | 24 | | for purposes of consenting to an HIV test if deemed
necessary | 25 | | and appropriate by the Department's Guardianship Administrator | 26 | | or
designee and
obtaining and disclosing information |
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| 1 | | concerning such test
pursuant to the AIDS Confidentiality Act | 2 | | if deemed necessary and
appropriate by the Department's | 3 | | Guardianship Administrator or designee and
for purposes of
| 4 | | consenting to the release
of information pursuant to the | 5 | | Illinois Sexually Transmissible Disease
Control Act if deemed | 6 | | necessary and appropriate by the Department's
Guardianship | 7 | | Administrator or designee.
| 8 | | Any person who administers an HIV test upon the consent of | 9 | | the Department
of Children and Family Services Guardianship | 10 | | Administrator or his designee,
or who discloses the results of | 11 | | such tests to the Department's Guardianship
Administrator or | 12 | | his designee, shall have immunity from any liability,
civil, | 13 | | criminal or otherwise, that might result by reason of such | 14 | | actions.
For the purpose of any proceedings, civil or | 15 | | criminal, the good faith of
any persons required to administer | 16 | | or disclose the results of tests, or
permitted to take such | 17 | | actions, shall be presumed.
| 18 | | (Source: P.A. 90-28, eff. 1-1-98.)
| 19 | | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 20 | | Sec. 7.3. (a) The Department shall be the sole agency | 21 | | responsible for receiving
and investigating reports of child | 22 | | abuse or neglect made under this Act,
including reports of | 23 | | adult resident abuse or neglect as defined in this Act, except | 24 | | where investigations by other agencies may be required with
| 25 | | respect to reports alleging the abuse or neglect of a child by |
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| 1 | | a person who is not the child's parent, a member of the child's | 2 | | immediate family, a person responsible for the child's | 3 | | welfare, an individual residing in the same home as the child, | 4 | | or a paramour of the child's parent, the death of a child, | 5 | | serious injury to a child
or sexual abuse to a child made | 6 | | pursuant to Sections 4.1 or 7 of this Act,
and except that the | 7 | | Department may delegate the performance of the
investigation | 8 | | to the Illinois State Police, a law enforcement agency
and to | 9 | | those private social service agencies which have been | 10 | | designated for
this purpose by the Department prior to July 1, | 11 | | 1980.
| 12 | | (b) Notwithstanding any other provision of this Act, the | 13 | | Department shall adopt rules expressly allowing law | 14 | | enforcement personnel to investigate reports of suspected | 15 | | child abuse or neglect concurrently with the Department, | 16 | | without regard to whether the Department determines a report | 17 | | to be "indicated" or "unfounded" or deems a report to be | 18 | | "undetermined".
| 19 | | (b-1) It is unlawful for any person described in | 20 | | paragraphs (1), (2), (3), and (10) of subsection (a) of | 21 | | Section 4 to disclose to the Department or to any law | 22 | | enforcement agency the results of: | 23 | | (1) any verbal screening questions concerning drug or | 24 | | alcohol use of a pregnant or postpartum person; | 25 | | (2) any toxicology test administered to a person who | 26 | | is pregnant or has given birth within the 12 weeks prior to |
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| 1 | | the administration of the toxicology test; or | 2 | | (3) any toxicology test administered to a newborn. | 3 | | A mandated reporter described in this subsection shall not | 4 | | disclose a patient or client's confidential information | 5 | | described under paragraphs (1), (2), or (3) to a law | 6 | | enforcement agency or to the Department unless a law | 7 | | enforcement agency has successfully obtained and furnished a | 8 | | search warrant issued under Section 108-3 of the Code of | 9 | | Criminal Procedure of 1963. | 10 | | Any person who knowingly and willfully violates any | 11 | | provision of this Section is guilty of a Class A misdemeanor | 12 | | for a first violation and a Class 4 felony for a second or | 13 | | subsequent violation. | 14 | | (c) By June 1, 2016, the Department shall adopt rules that | 15 | | address and set forth criteria and standards relevant to | 16 | | investigations of reports of abuse or neglect committed by any | 17 | | agency, as defined in Section 3 of this Act, or person working | 18 | | for an agency responsible for the welfare of a child or adult | 19 | | resident. | 20 | | (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
| 21 | | (325 ILCS 5/4.4 rep.) | 22 | | Section 20. The Abused and Neglected Child Reporting Act | 23 | | is amended by repealing Section 4.4.
| 24 | | Section 25. The Medical Patient Rights Act is amended by |
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| 1 | | changing Section 3.4 and by adding Section 3.5 as follows: | 2 | | (410 ILCS 50/3.4) | 3 | | Sec. 3.4. Rights of patients women ; pregnancy and | 4 | | childbirth. | 5 | | (a) In addition to any other right provided under this | 6 | | Act, every patient woman has the following rights with regard | 7 | | to pregnancy and childbirth: | 8 | | (1) The right to receive health care before, during, | 9 | | and after pregnancy and childbirth. | 10 | | (2) The right to receive care for the patient and the | 11 | | patient's newborn her and her infant that is consistent | 12 | | with all clinical consensus documents, committee | 13 | | statements, committee opinions, and obstetric care | 14 | | consensus documents published or reaffirmed by the | 15 | | American College of Obstetricians and Gynecologists on or | 16 | | after January 1, 2019 generally accepted medical | 17 | | standards . | 18 | | (3) The right to choose a maternity care provider from | 19 | | the full range of providers available in the patient's | 20 | | community certified nurse midwife or physician as her | 21 | | maternity care professional . | 22 | | (4) The right to choose the patient's her birth | 23 | | setting from the full range of birthing options available | 24 | | in the patient's her community. | 25 | | (5) The right to leave the patient's her maternity |
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| 1 | | care professional and select another if the patient she | 2 | | becomes dissatisfied with the patient's her care or the | 3 | | care of the patient's newborn , except as otherwise | 4 | | provided by law . | 5 | | (6) The right to receive information about the names | 6 | | of those health care professionals involved in her care. | 7 | | (7) The right to privacy and confidentiality of | 8 | | records, except as provided by law. | 9 | | (8) The right to receive information concerning the | 10 | | patient's her condition and proposed treatment, including | 11 | | methods of relieving pain. | 12 | | (9) The right to accept or refuse any treatment, to | 13 | | the extent medically possible. | 14 | | (10) The right to be informed if her caregivers wish | 15 | | to enroll the patient her or the patient's her infant in a | 16 | | research study in accordance with Section 3.1 of this Act. | 17 | | (11) The right to access the patient's own her medical | 18 | | records in accordance with Section 8-2001 of the Code of | 19 | | Civil Procedure. | 20 | | (12) The right to receive information in a language in | 21 | | which the patient she can communicate in accordance with | 22 | | federal law. | 23 | | (13) The right to receive emotional and physical | 24 | | support during labor and birth. | 25 | | (14) The right to freedom of movement during labor and | 26 | | to give birth in the position of the patient's her choice, |
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| 1 | | within generally accepted medical standards. | 2 | | (15) The right to contact with the patient's her | 3 | | newborn, except where necessary care must be provided to | 4 | | the patient mother or the patient's infant. | 5 | | (16) The right to receive information about | 6 | | breastfeeding. | 7 | | (17) The right to decide collaboratively with | 8 | | caregivers when the patient and the patient's newborn she | 9 | | and her baby will leave the birth site for home, based on | 10 | | their conditions and circumstances. | 11 | | (18) The right to be treated with respect at all times | 12 | | before, during, and after pregnancy by her health care | 13 | | professionals involved in the patient's care or in the | 14 | | care of the patient's newborn . | 15 | | (19) The right of each patient, regardless of source | 16 | | of payment, to examine and receive a reasonable | 17 | | explanation of her total bill for services rendered by her | 18 | | maternity care professional or health care provider, | 19 | | including itemized charges for specific services received. | 20 | | Each maternity care professional or health care provider | 21 | | shall be responsible only for a reasonable explanation of | 22 | | those specific services provided by the maternity care | 23 | | professional or health care provider. | 24 | | (b) The Department of Public Health, Department of | 25 | | Healthcare and Family Services, Department of Children and | 26 | | Family Services, and Department of Human Services shall post, |
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| 1 | | either by physical or electronic means, information about | 2 | | these rights on their publicly available websites. Every | 3 | | health care provider, day care center licensed under the Child | 4 | | Care Act of 1969, Head Start, and community center shall post | 5 | | information about these rights in a prominent place and on | 6 | | their websites, if applicable. | 7 | | (c) The Department of Public Health shall adopt rules to | 8 | | implement this Section. | 9 | | (d) Nothing in this Section or any rules adopted under | 10 | | subsection (c) shall be construed to require a physician, | 11 | | health care professional, hospital, hospital affiliate, or | 12 | | health care provider to provide care inconsistent with | 13 | | generally accepted medical standards or available capabilities | 14 | | or resources.
| 15 | | (Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.) | 16 | | (410 ILCS 50/3.5 new) | 17 | | Sec. 3.5. Disclosure of medical information. | 18 | | Notwithstanding any other provision of law, and except as | 19 | | otherwise provided in this subsection, a patient has the right | 20 | | for a physician, health care provider, health services | 21 | | corporation, or insurance company to administer any of the | 22 | | following medical tests without disclosing the results of the | 23 | | test or tests to a State or local law enforcement agency or to | 24 | | the Department of Children and Family Services: | 25 | | (1) Any verbal screening or questioning concerning the |
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| 1 | | drug or alcohol use of a pregnant or postpartum person. | 2 | | (2) Any toxicology test administered to a person who | 3 | | is pregnant or has given birth within the previous 12 | 4 | | weeks. | 5 | | (3) Any toxicology test administered to a newborn. | 6 | | A physician, health care provider, health services | 7 | | corporation, or insurance company who administers a medical | 8 | | test described under paragraph (1), (2), or (3) may disclose | 9 | | the results of the test to a law enforcement agency or to the | 10 | | Department of Children and Family Services if a law | 11 | | enforcement agency has successfully obtained and furnished a | 12 | | search warrant issued under Section 108-3 of the Code of | 13 | | Criminal Procedure of 1963. | 14 | | Section 30. The Illinois Health and Hazardous Substances | 15 | | Registry Act is amended by changing Section 3 as follows:
| 16 | | (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703)
| 17 | | Sec. 3. For the purposes of this Act, unless the context | 18 | | requires otherwise:
| 19 | | (a) "Department" means the Illinois Department of Public | 20 | | Health.
| 21 | | (b) "Director" means the Director of the Illinois | 22 | | Department of Public
Health.
| 23 | | (c) "Council" means the Health and Hazardous Substances | 24 | | Coordinating
Council created by this Act.
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| 1 | | (d) "Registry" means the Illinois Health and Hazardous | 2 | | Substances Registry
established by the Department of Public | 3 | | Health under
Section 6 of this Act.
| 4 | | (e) "Cancer" means all malignant neoplasms, regardless of | 5 | | the tissue of
origin, including malignant lymphoma and | 6 | | leukemia.
| 7 | | (f) "Cancer incidence" means a medical diagnosis of | 8 | | cancer, consisting
of a record of cases of cancer and | 9 | | specified cases of tumorous or
precancerous diseases which | 10 | | occur in Illinois, and such other information
concerning these | 11 | | cases as the Department deems necessary or appropriate in
| 12 | | order to conduct thorough and complete epidemiological surveys | 13 | | of cancer
and cancer-related diseases in Illinois.
| 14 | | (g) "Occupational disease" includes but is not limited to | 15 | | all occupational
diseases covered by the Workers' Occupational | 16 | | Diseases Act.
| 17 | | (h) "Hazardous substances" means a hazardous substance as | 18 | | defined in the
Environmental Protection Act.
| 19 | | (i) "Hazardous substances incident" includes but is not | 20 | | limited to a
spill, fire, or accident involving hazardous | 21 | | substances, illegal disposal,
transportation, or use of | 22 | | hazardous substances, and complaints or permit
violations | 23 | | involving hazardous substances.
| 24 | | (j) "Company profile" includes but is not limited to the | 25 | | name of any
company operating in the State
of Illinois which | 26 | | generates, uses, disposes of or transports hazardous
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| 1 | | substances, identification of the types of permits issued in | 2 | | such company's
name relating to transactions involving | 3 | | hazardous substances, inventory of
hazardous substances | 4 | | handled by such company, and the manner in which such
| 5 | | hazardous substances are used, disposed of, or transported by | 6 | | the company.
| 7 | | (k) "Hazardous nuclear material" means (1) any source or | 8 | | special
nuclear material intended for use or used as an energy | 9 | | source in a
production or utilization facility as defined in | 10 | | Sec. 11.v. or 11.cc. of
the federal Atomic Energy Act of 1954 | 11 | | as amended; (2) any fuel which has
been discharged from such a | 12 | | facility following irradiation, the constituent
elements of | 13 | | which have not been separated by reprocessing; or (3) any
| 14 | | by-product material resulting from operation of such a | 15 | | facility.
| 16 | | (l)
"Adverse pregnancy outcome" includes , but is not | 17 | | limited to ,
birth defects, spontaneous fetal death after 20 | 18 | | weeks of completed gestation fetal loss , infant mortality, low | 19 | | birth weight, neonatal abstinence syndrome, newborn affected | 20 | | by prenatal substance exposure, fetal alcohol spectrum | 21 | | disorders, selected
life-threatening conditions, and other | 22 | | developmental disabilities as
defined by the Department.
| 23 | | "Neonatal abstinence syndrome" refers to the collection of | 24 | | signs and symptoms that occur when a newborn prenatally | 25 | | exposed to prescribed, diverted, or illicit opiates | 26 | | experiences opioid withdrawal. This syndrome is primarily |
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| 1 | | characterized by irritability, tremors, feeding problems, | 2 | | vomiting, diarrhea, sweating, and in some cases, seizures. | 3 | | "Newborn affected by prenatal substance exposure" means an | 4 | | infant born and identified as being affected by substance | 5 | | abuse or withdrawal symptoms resulting from prenatal exposure | 6 | | to controlled substances or a fetal alcohol spectrum disorder. | 7 | | The health care provider involved in the delivery or care of | 8 | | the newborn determines whether the infant is affected by | 9 | | prenatal substance exposure or withdrawal symptoms. | 10 | | (m) "News medium" means any newspaper or other periodical | 11 | | issued at regular intervals, whether in print or electronic | 12 | | format, and having a general circulation; a news service, | 13 | | whether in print or electronic format; a radio station, a | 14 | | television station; a television network; a community antenna | 15 | | television service; and any person or corporation engaged in | 16 | | the making of news reels or other motion picture news for | 17 | | public showing. | 18 | | (n) "Researcher" means an individual who is affiliated | 19 | | with or supported by universities, academic centers, research | 20 | | institutions, hospitals, and governmental entities who conduct | 21 | | scientific research or investigation on human diseases.
| 22 | | (Source: P.A. 95-941, eff. 8-29-08.)
| 23 | | Section 35. The Vital Records Act is amended by changing | 24 | | Sections 20 and 20.5 as follows:
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| 1 | | (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
| 2 | | Sec. 20. Fetal death; place of registration.
| 3 | | (1) Each fetal death which occurs in this State after a | 4 | | gestation
period of 20 completed weeks ( or and when the mother | 5 | | elects in writing to
arrange for the burial or cremation of the | 6 | | fetus under Section 11.4 of the
Hospital Licensing Act) or | 7 | | more shall be registered with the local or
subregistrar of the | 8 | | district in which the delivery occurred within 7 days
after | 9 | | the delivery and before removal of the fetus from the State,
| 10 | | except as provided by regulation in special problem cases.
| 11 | | (a) For the purposes of this Section, if the place of | 12 | | fetal death
is unknown, a fetal death certificate shall be | 13 | | filed in the registration
district in which a dead fetus | 14 | | is found, which shall be considered the
place of fetal | 15 | | death.
| 16 | | (b) When a fetal death occurs on a moving conveyance, | 17 | | the city, village,
township, or road district in which the | 18 | | fetus is first removed from the
conveyance shall be | 19 | | considered the place of delivery and a fetal death
| 20 | | certificate shall be filed in the registration district in | 21 | | which the place
is located.
| 22 | | (c) The funeral director or person acting as such who | 23 | | first assumes
custody of a fetus shall file the | 24 | | certificate. The personal data shall be
obtained from the | 25 | | best qualified person or source available. The name,
| 26 | | relationship, and address of the informant shall be |
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| 1 | | entered on
the certificate. The date, place, and method of | 2 | | final disposition of the
fetus shall be recorded over the | 3 | | personal signature and address of the
funeral director | 4 | | responsible for the disposition. The certificate shall be
| 5 | | presented to the person responsible for completing the | 6 | | medical
certification of the cause of death.
| 7 | | (2) The medical certification shall be completed and | 8 | | signed within 24
hours after delivery by the certifying health | 9 | | care professional in attendance at or after delivery,
except | 10 | | when investigation is required under Division 3-3 of Article 3 | 11 | | of the
Counties Code and except as provided by regulation in | 12 | | special
problem cases.
| 13 | | (3) When a fetal death occurs without medical attendance | 14 | | upon the mother
at or after the delivery, or when | 15 | | investigation is required under Division
3-3 of Article 3 of | 16 | | the Counties Code, the coroner shall be responsible for
the | 17 | | completion of the fetal death certificate and shall sign the | 18 | | medical
certification within 24 hours after the delivery or | 19 | | the finding of the
fetus, except as provided by regulation in | 20 | | special problem cases.
| 21 | | (Source: P.A. 102-257, eff. 1-1-22 .)
| 22 | | (410 ILCS 535/20.5)
| 23 | | Sec. 20.5. Certificate of birth resulting in stillbirth.
| 24 | | (a) The State Registrar shall prescribe and distribute a | 25 | | form for a
certificate of birth resulting in stillbirth. The |
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| 1 | | certificate shall be in the
same format as a certificate of | 2 | | live birth prepared under Section 12 and shall
be filed in the | 3 | | same manner as a certificate of live birth.
| 4 | | (b) After each fetal death that occurs in this State after | 5 | | a gestation
period of at least 20 26 completed weeks, or, in | 6 | | cases where gestational age is uncertain, where the fetus | 7 | | weighs at least 350 grams, the person who files a fetal death
| 8 | | certificate in connection with that death as required under | 9 | | Section 20 shall,
only upon request by the parent woman who | 10 | | delivered the stillborn fetus,
also prepare a certificate of
| 11 | | birth resulting in stillbirth. The person shall
prepare the | 12 | | certificate on the form prescribed and furnished by the State
| 13 | | Registrar and in accordance with the rules adopted by the | 14 | | State Registrar.
| 15 | | (b-5) A person who files a fetal death
certificate as | 16 | | described under subsection (b) shall notify the gestational | 17 | | parent of the stillborn of that parent's right to request and | 18 | | receive a certificate of birth resulting in stillbirth under | 19 | | subsection (b). The Department shall develop forms for | 20 | | notification under this subsection. This form shall be titled | 21 | | and known as a "Liam's Law notice." | 22 | | (c) If the stillborn's parent or parents do not wish to | 23 | | provide a name
for the stillborn, the person who prepares the | 24 | | certificate of
birth resulting in stillbirth shall leave blank | 25 | | any references to the stillborn's
name.
| 26 | | (d) When a stillbirth occurs in this State and the |
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| 1 | | stillbirth has not
been registered within one year after the | 2 | | delivery, a certificate marked
"delayed" may be filed and | 3 | | registered in accordance with regulations adopted by
the State | 4 | | Registrar. The certificate must show on its face the date of
| 5 | | registration.
| 6 | | (e) In the case of a fetal death that occurred in this | 7 | | State after a
gestation period of at least 20 26 completed | 8 | | weeks and before the effective date
of this amendatory Act of | 9 | | the 103rd General Assembly this amendatory Act of the 93rd | 10 | | General Assembly , a parent of the stillborn
child may request | 11 | | that the person who filed a fetal death certificate in
| 12 | | connection with that death as required under Section 20 shall | 13 | | also prepare a
certificate of birth resulting in stillbirth | 14 | | with respect to the fetus. If a
parent of a stillborn makes | 15 | | such a request under this subsection (e), the
person who filed | 16 | | a fetal death certificate shall prepare the certificate of
| 17 | | birth resulting in stillbirth and file it with the designated | 18 | | registrar within
30 days after the request by the parent.
| 19 | | (Source: P.A. 93-578, eff. 8-21-03.)
| 20 | | Section 40. The Juvenile Court Act of 1987 is amended by | 21 | | changing Sections 2-3 and 2-18 as follows: | 22 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 23 | | Sec. 2-3. Neglected or abused minor. | 24 | | (1) Those who are neglected include: |
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| 1 | | (a) any minor under 18 years of age or a minor 18 years | 2 | | of age or older for whom the court has made a finding of | 3 | | probable cause to believe that the minor is abused, | 4 | | neglected, or dependent under subsection (1) of Section | 5 | | 2-10 prior to the minor's 18th birthday who is not | 6 | | receiving
the proper or necessary support, education as
| 7 | | required by law, or medical or other remedial care | 8 | | recognized under
State law as necessary for a minor's | 9 | | well-being, or other care necessary
for his or her | 10 | | well-being, including adequate food, clothing and shelter,
| 11 | | or who is abandoned by his or her parent or parents or | 12 | | other person or persons responsible for
the minor's | 13 | | welfare, except that a minor shall not be considered | 14 | | neglected
for the sole reason that the minor's parent or | 15 | | parents or other person or persons responsible for the
| 16 | | minor's welfare have left the minor in the care of an adult | 17 | | relative for any
period of time, who the parent or parents | 18 | | or other person responsible for the minor's welfare know | 19 | | is both a mentally capable adult relative and physically | 20 | | capable adult relative, as defined by this Act; or | 21 | | (b) any minor under 18 years of age or a minor 18 years | 22 | | of age or older for whom the court has made a finding of | 23 | | probable cause to believe that the minor is abused, | 24 | | neglected, or dependent under subsection (1) of Section | 25 | | 2-10 prior to the minor's 18th birthday whose environment | 26 | | is injurious
to his or her welfare; or |
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| 1 | | (c) (blank); or any newborn infant whose blood, urine, | 2 | | or meconium
contains any amount of a
controlled substance | 3 | | as defined in subsection (f) of Section 102 of the
| 4 | | Illinois Controlled Substances Act, as now or hereafter | 5 | | amended, or a
metabolite of a controlled substance, with | 6 | | the exception of controlled
substances or metabolites of | 7 | | such substances, the presence of which in the
newborn | 8 | | infant is the result of medical treatment administered to | 9 | | the
mother or the newborn infant; or | 10 | | (d) any minor under the age of 14 years whose parent or | 11 | | other person
responsible for the minor's welfare leaves | 12 | | the minor without
supervision for an unreasonable period | 13 | | of time without regard for the mental or
physical health, | 14 | | safety, or welfare of that minor; or | 15 | | (e) any minor who has been provided with interim | 16 | | crisis intervention
services under Section 3-5 of this Act | 17 | | and whose parent, guardian, or custodian
refuses to permit | 18 | | the minor to return home unless the minor is an immediate | 19 | | physical danger to himself, herself, or others living in | 20 | | the home.
| 21 | | Whether the minor was left without regard for the mental | 22 | | or physical health,
safety, or welfare of that minor or the | 23 | | period of time was unreasonable shall
be determined by | 24 | | considering the following factors, including but not limited
| 25 | | to: | 26 | | (1) the age of the minor; |
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| 1 | | (2) the number of minors left at the location; | 2 | | (3) special needs of the minor, including whether the | 3 | | minor is a person with a physical or mental disability, or | 4 | | otherwise in need of ongoing prescribed medical
treatment | 5 | | such as periodic doses of insulin or other medications; | 6 | | (4) the duration of time in which the minor was left | 7 | | without supervision; | 8 | | (5) the condition and location of the place where the | 9 | | minor was left
without supervision; | 10 | | (6) the time of day or night when the minor was left | 11 | | without supervision; | 12 | | (7) the weather conditions, including whether the | 13 | | minor was left in a
location with adequate protection from | 14 | | the natural elements such as adequate
heat or light; | 15 | | (8) the location of the parent or guardian at the time | 16 | | the minor was left
without supervision, the physical | 17 | | distance the minor was from the parent or
guardian at the | 18 | | time the minor was without supervision; | 19 | | (9) whether the minor's movement was restricted, or | 20 | | the minor was
otherwise locked within a room or other | 21 | | structure; | 22 | | (10) whether the minor was given a phone number of a | 23 | | person or location to
call in the event of an emergency and | 24 | | whether the minor was capable of making
an emergency call; | 25 | | (11) whether there was food and other provision left | 26 | | for the minor; |
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| 1 | | (12) whether any of the conduct is attributable to | 2 | | economic hardship or
illness and the parent, guardian or | 3 | | other person having physical custody or
control of the | 4 | | child made a good faith effort to provide for the health | 5 | | and
safety of the minor; | 6 | | (13) the age and physical and mental capabilities of | 7 | | the person or persons
who provided supervision for the | 8 | | minor; | 9 | | (14) whether the minor was left under the supervision | 10 | | of another person; | 11 | | (15) any other factor that would endanger the health | 12 | | and safety of that
particular minor. | 13 | | A minor shall not be considered neglected for the sole | 14 | | reason that the
minor has been relinquished in accordance with | 15 | | the Abandoned Newborn Infant
Protection Act. | 16 | | (2) Those who are abused include any minor under 18 years | 17 | | of age or a minor 18 years of age or older for whom the court | 18 | | has made a finding of probable cause to believe that the minor | 19 | | is abused, neglected, or dependent under subsection (1) of | 20 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 21 | | or immediate family member, or any person responsible
for the | 22 | | minor's welfare, or any person who is in the same family or | 23 | | household
as the minor, or any individual residing in the same | 24 | | home as the minor, or
a paramour of the minor's parent: | 25 | | (i) inflicts, causes to be inflicted, or allows to be | 26 | | inflicted upon
such minor physical injury, by other than |
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| 1 | | accidental means, which causes death,
disfigurement, | 2 | | impairment of physical or emotional health, or loss or
| 3 | | impairment of any bodily function; | 4 | | (ii) creates a substantial risk of physical injury to | 5 | | such minor by
other than accidental means which would be | 6 | | likely to cause death,
disfigurement, impairment of | 7 | | emotional health, or loss or impairment of any
bodily | 8 | | function; | 9 | | (iii) commits or allows to be committed any sex | 10 | | offense against such
minor, as such sex offenses are | 11 | | defined in the Criminal Code of 1961 or the Criminal Code | 12 | | of 2012, or in the Wrongs to Children Act, and extending | 13 | | those definitions of sex offenses to include minors
under | 14 | | 18 years of age; | 15 | | (iv) commits or allows to be committed an act or acts | 16 | | of torture upon
such minor; | 17 | | (v) inflicts excessive corporal punishment; | 18 | | (vi) commits or allows to be committed the offense of | 19 | | involuntary servitude, involuntary sexual servitude of a | 20 | | minor, or trafficking in persons as defined in Section | 21 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012, upon such minor; or | 23 | | (vii) allows, encourages or requires a minor to commit | 24 | | any act of prostitution, as defined in the Criminal Code | 25 | | of 1961 or the Criminal Code of 2012, and extending those | 26 | | definitions to include minors under 18 years of age. |
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| 1 | | A minor shall not be considered abused for the sole reason | 2 | | that the minor
has been relinquished in accordance with the | 3 | | Abandoned Newborn Infant
Protection Act. | 4 | | (3) This Section does not apply to a minor who would be | 5 | | included
herein solely for the purpose of qualifying for | 6 | | financial assistance for
himself, his parents, guardian or | 7 | | custodian. | 8 | | (4) The changes made by this amendatory Act of the 101st | 9 | | General Assembly apply to a case that is pending on or after | 10 | | the effective date of this amendatory Act of the 101st General | 11 | | Assembly. | 12 | | (Source: P.A. 101-79, eff. 7-12-19.) | 13 | | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | 14 | | Sec. 2-18. Evidence. | 15 | | (1) At the adjudicatory hearing, the court shall first | 16 | | consider only the
question whether the minor is abused, | 17 | | neglected or dependent. The standard of
proof and the rules of | 18 | | evidence in the nature of civil proceedings in this
State are | 19 | | applicable to proceedings under this Article. If the petition | 20 | | also
seeks the appointment of a guardian of the person with
| 21 | | power to consent to adoption of the minor under Section 2-29, | 22 | | the court may
also consider legally admissible evidence at the | 23 | | adjudicatory hearing that one
or more grounds of unfitness | 24 | | exists under subdivision D of Section 1 of the
Adoption Act. | 25 | | (2) In any hearing under this Act, the following shall |
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| 1 | | constitute prima
facie evidence of abuse or neglect, as the | 2 | | case may be: | 3 | | (a) proof that a minor has a medical diagnosis of | 4 | | battered child syndrome
is prima facie evidence of abuse; | 5 | | (b) (blank); proof that a minor has a medical | 6 | | diagnosis of failure to thrive
syndrome is prima facie | 7 | | evidence of neglect; | 8 | | (c) (blank); proof that a minor has a medical | 9 | | diagnosis of fetal alcohol syndrome
is prima facie | 10 | | evidence of neglect; | 11 | | (d) (blank); proof that a minor has a medical | 12 | | diagnosis at birth of withdrawal
symptoms from narcotics | 13 | | or barbiturates is prima facie evidence of neglect; | 14 | | (e) proof of injuries sustained by a minor or of the | 15 | | condition of a minor
of such a nature as would ordinarily | 16 | | not be sustained or exist except by
reason of the acts or | 17 | | omissions of the parent, custodian or guardian of
such | 18 | | minor shall be prima facie evidence of abuse or neglect, | 19 | | as the case may
be; | 20 | | (f) proof that a parent, custodian or guardian of a | 21 | | minor repeatedly used
a drug, to the extent that it has or | 22 | | would ordinarily have the effect of
producing in the user | 23 | | a substantial state of stupor, unconsciousness,
| 24 | | intoxication, hallucination, disorientation or | 25 | | incompetence, or a
substantial impairment of judgment, or | 26 | | a substantial manifestation of
irrationality, shall be |
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| 1 | | prima facie evidence of neglect; | 2 | | (g) proof that a parent, custodian, or guardian of a | 3 | | minor repeatedly
used a controlled substance, as defined | 4 | | in subsection (f) of Section 102 of the
Illinois | 5 | | Controlled Substances Act, in the presence of the minor or | 6 | | a sibling
of the minor is prima facie evidence of neglect. | 7 | | "Repeated use", for the
purpose of this subsection, means | 8 | | more than one use of a controlled substance
as defined in | 9 | | subsection (f) of Section 102 of the Illinois Controlled
| 10 | | Substances Act; | 11 | | (h) (blank); proof that a newborn infant's blood, | 12 | | urine, or meconium contains any
amount of a controlled | 13 | | substance as defined in subsection (f) of Section 102 of
| 14 | | the Illinois Controlled Substances Act, or a metabolite of | 15 | | a controlled
substance, with the exception of controlled | 16 | | substances or metabolites of those
substances, the | 17 | | presence of which is the result of medical treatment
| 18 | | administered to the mother or the newborn, is prime facie | 19 | | evidence of
neglect; | 20 | | (i) proof that a minor was present in a structure or | 21 | | vehicle in which the minor's parent, custodian, or | 22 | | guardian was involved in the manufacture of | 23 | | methamphetamine constitutes prima facie evidence of abuse | 24 | | and neglect;
| 25 | | (j) proof that a parent, custodian, or guardian of a | 26 | | minor allows, encourages, or requires a minor to perform, |
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| 1 | | offer, or agree to perform any act of sexual penetration | 2 | | as defined in Section 11-0.1 of the Criminal Code of 2012 | 3 | | for any money, property, token, object, or article or | 4 | | anything of value, or any touching or fondling of the sex | 5 | | organs of one person by another person, for any money, | 6 | | property, token, object, or article or anything of value, | 7 | | for the purpose of sexual arousal or gratification, | 8 | | constitutes prima facie evidence of abuse and neglect; | 9 | | (k) proof that a parent, custodian, or guardian of a | 10 | | minor commits or allows to be committed the offense of | 11 | | involuntary servitude, involuntary sexual servitude of a | 12 | | minor, or trafficking in persons as defined in Section | 13 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012, upon such minor, constitutes prima facie evidence of | 15 | | abuse and neglect. | 16 | | (3) In any hearing under this Act, proof of the abuse, | 17 | | neglect or dependency
of one minor shall be admissible | 18 | | evidence on the issue of the abuse, neglect or
dependency of | 19 | | any other minor for whom the respondent is responsible. | 20 | | (4) (a) Any writing, record, photograph or x-ray of any | 21 | | hospital or public
or private agency, whether in the form of an | 22 | | entry in a book or otherwise,
made as a memorandum or record of | 23 | | any condition, act, transaction, occurrence
or event relating | 24 | | to a minor in an abuse, neglect or
dependency proceeding, | 25 | | shall be
admissible in evidence as proof of that condition, | 26 | | act, transaction, occurrence
or event, if the court finds that |
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| 1 | | the document was made in the regular course
of the business of | 2 | | the hospital or agency and that it was in the regular
course of | 3 | | such business to make it, at the time of the act, transaction,
| 4 | | occurrence or event, or within a reasonable time thereafter. A | 5 | | certification
by the head or responsible employee of the | 6 | | hospital or agency that the writing,
record, photograph or | 7 | | x-ray is the full and complete record of the condition,
act, | 8 | | transaction, occurrence or event and that it satisfies the | 9 | | conditions
of this paragraph shall be prima facie evidence of | 10 | | the facts contained in
such certification. A certification by | 11 | | someone other than the head of the
hospital or agency shall be | 12 | | accompanied by a photocopy of a delegation of
authority signed | 13 | | by both the head of the hospital or agency and by such
other | 14 | | employee. All other circumstances of the making of the | 15 | | memorandum,
record, photograph or x-ray, including lack of | 16 | | personal knowledge of the
maker, may be proved to affect the | 17 | | weight to be accorded such evidence,
but shall not affect its | 18 | | admissibility. | 19 | | (b) Any indicated report filed pursuant to the Abused and | 20 | | Neglected Child
Reporting Act shall be admissible in evidence. | 21 | | (c) Previous statements made by the minor relating to any | 22 | | allegations
of abuse or neglect shall be admissible in | 23 | | evidence. However, no such
statement, if uncorroborated and | 24 | | not subject to cross-examination, shall be
sufficient in | 25 | | itself to support a finding of abuse or neglect. | 26 | | (d) There shall be a rebuttable presumption that a minor |
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| 1 | | is competent
to testify in abuse or neglect proceedings. The | 2 | | court shall determine how
much weight to give to the minor's | 3 | | testimony, and may allow the minor to
testify in chambers with | 4 | | only the court, the court reporter and attorneys
for the | 5 | | parties present. | 6 | | (e) The privileged character of communication between any | 7 | | professional
person and patient or client, except privilege | 8 | | between attorney and client,
shall not apply to proceedings | 9 | | subject to this Article. | 10 | | (f) Proof of the impairment of emotional health or | 11 | | impairment of mental
or emotional condition as a result of the | 12 | | failure of the respondent to exercise
a minimum degree of care | 13 | | toward a minor may include competent opinion or
expert | 14 | | testimony, and may include proof that such impairment lessened | 15 | | during
a period when the minor was in the care, custody or | 16 | | supervision of a person
or agency other than the respondent. | 17 | | (5) In any hearing under this Act alleging neglect for | 18 | | failure to
provide education as required by law under | 19 | | subsection (1) of Section 2-3,
proof that a minor under 13 | 20 | | years of age who is subject to compulsory
school attendance | 21 | | under the School Code is a chronic truant as defined
under the | 22 | | School Code shall be prima facie evidence of neglect by the
| 23 | | parent or guardian in any hearing under this Act and proof that | 24 | | a minor who
is 13 years of age or older who is subject to | 25 | | compulsory school attendance
under the School Code is a | 26 | | chronic truant shall raise a rebuttable
presumption of neglect |
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| 1 | | by the parent or guardian. This subsection (5)
shall not apply | 2 | | in counties with 2,000,000 or more inhabitants. | 3 | | (6) In any hearing under this Act, the court may take | 4 | | judicial notice of
prior sworn testimony or evidence admitted | 5 | | in prior proceedings involving
the same minor if (a) the | 6 | | parties were either represented by counsel at such
prior | 7 | | proceedings or the right to counsel was knowingly waived and | 8 | | (b) the
taking of judicial notice would not result in | 9 | | admitting hearsay evidence at a
hearing where it would | 10 | | otherwise be prohibited. | 11 | | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; | 12 | | 97-1150, eff. 1-25-13.) | 13 | | Section 45. The Adoption Act is amended by changing | 14 | | Section 1 as follows:
| 15 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 16 | | Sec. 1. Definitions. When used in this Act, unless the | 17 | | context
otherwise requires:
| 18 | | A. "Child" means a person under legal age subject to | 19 | | adoption under
this Act.
| 20 | | B. "Related child" means a child subject to adoption where | 21 | | either or both of
the adopting parents stands in any of the | 22 | | following relationships to the child
by blood, marriage, | 23 | | adoption, or civil union: parent, grand-parent, | 24 | | great-grandparent, brother, sister, step-parent,
|
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| 1 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 2 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 3 | | person is related to the child as a first cousin or second | 4 | | cousin if they are both related to the same ancestor as either | 5 | | grandchild or great-grandchild. A child whose parent has | 6 | | executed
a consent to adoption, a surrender, or a waiver | 7 | | pursuant to Section 10 of this Act or whose parent has signed a | 8 | | denial of paternity pursuant to Section 12 of the Vital | 9 | | Records Act or Section 12a of this Act, or whose parent has had | 10 | | his or her parental rights
terminated, is not a related child | 11 | | to that person, unless (1) the consent is
determined to be void | 12 | | or is void pursuant to subsection O of Section 10 of this Act;
| 13 | | or (2) the parent of the child executed a consent to adoption | 14 | | by a specified person or persons pursuant to subsection A-1 of | 15 | | Section 10 of this Act and a court of competent jurisdiction | 16 | | finds that such consent is void; or (3) the order terminating | 17 | | the parental rights of the parent is vacated by a court of | 18 | | competent jurisdiction.
| 19 | | C. "Agency" for the purpose of this Act means a public | 20 | | child welfare agency
or a licensed child welfare agency.
| 21 | | D. "Unfit person" means any person whom the court shall | 22 | | find to be unfit
to have a child, without regard to the | 23 | | likelihood that the child will be
placed for adoption. The | 24 | | grounds of unfitness are any one or more
of the following, | 25 | | except that a person shall not be considered an unfit
person | 26 | | for the sole reason that the person has relinquished a child in
|
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| 1 | | accordance with the Abandoned Newborn Infant Protection Act:
| 2 | | (a) Abandonment of the child.
| 3 | | (a-1) Abandonment of a newborn infant in a hospital.
| 4 | | (a-2) Abandonment of a newborn infant in any setting | 5 | | where the evidence
suggests that the parent intended to | 6 | | relinquish his or her parental rights.
| 7 | | (b) Failure to maintain a reasonable degree of | 8 | | interest, concern or
responsibility as to the child's | 9 | | welfare.
| 10 | | (c) Desertion of the child for more than 3 months next | 11 | | preceding the
commencement of the Adoption proceeding.
| 12 | | (d) Substantial neglect
of the
child if continuous or | 13 | | repeated.
| 14 | | (d-1) Substantial neglect, if continuous or repeated, | 15 | | of any child
residing in the household which resulted in | 16 | | the death of that child.
| 17 | | (e) Extreme or repeated cruelty to the child.
| 18 | | (f) There is a rebuttable presumption, which can be | 19 | | overcome only by clear and convincing evidence, that a | 20 | | parent is unfit if:
| 21 | | (1) Two or more findings of physical abuse have | 22 | | been entered regarding any children under Section 2-21 | 23 | | of the Juvenile Court Act
of 1987, the most recent of | 24 | | which was determined by the juvenile court
hearing the | 25 | | matter to be supported by clear and convincing | 26 | | evidence; or |
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| 1 | | (2) The parent has been convicted or found not | 2 | | guilty by reason of insanity and the conviction or | 3 | | finding resulted from the death of any child by | 4 | | physical abuse; or
| 5 | | (3) There is a finding of physical child abuse | 6 | | resulting from the death of any
child under Section | 7 | | 2-21 of the
Juvenile Court Act of 1987. | 8 | | No conviction or finding of delinquency pursuant to | 9 | | Article V of the Juvenile Court Act of 1987 shall be | 10 | | considered a criminal conviction for the purpose of | 11 | | applying any presumption under this item (f).
| 12 | | (g) Failure to protect the child from conditions | 13 | | within his environment
injurious to the child's welfare.
| 14 | | (h) Other neglect of, or misconduct toward the child; | 15 | | provided that in
making a finding of unfitness the court | 16 | | hearing the adoption proceeding
shall not be bound by any | 17 | | previous finding, order or judgment affecting
or | 18 | | determining the rights of the parents toward the child | 19 | | sought to be adopted
in any other proceeding except such | 20 | | proceedings terminating parental rights
as shall be had | 21 | | under either this Act, the Juvenile Court Act or
the | 22 | | Juvenile Court Act of 1987.
| 23 | | (i) Depravity. Conviction of any one of the following
| 24 | | crimes shall create a presumption that a parent is | 25 | | depraved which can be
overcome only by clear and | 26 | | convincing evidence:
(1) first degree murder in violation |
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| 1 | | of paragraph (1) or (2)
of subsection (a) of Section 9-1 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012 or | 3 | | conviction
of second degree murder in violation of | 4 | | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | 5 | | or the Criminal Code of 2012 of a parent of the child to be | 6 | | adopted; (2)
first degree murder or second degree murder | 7 | | of any child in
violation of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012; (3)
attempt or conspiracy to | 9 | | commit first degree murder or second degree murder
of any | 10 | | child in violation of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012; (4)
solicitation to commit murder | 12 | | of any child, solicitation to
commit murder of any child | 13 | | for hire, or solicitation to commit second
degree murder | 14 | | of any child in violation of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012; (5)
predatory criminal sexual | 16 | | assault of a child in violation of
Section 11-1.40 or | 17 | | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (6) heinous battery of any child in violation of | 19 | | the Criminal Code of 1961; (7) aggravated battery of any | 20 | | child in violation of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012; (8) any violation of Section | 22 | | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | 23 | | the Criminal Code of 2012; (9) any violation of subsection | 24 | | (a) of Section 11-1.50 or Section 12-16 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012; (10) any | 26 | | violation of Section 11-9.1 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012; (11) any violation of | 2 | | Section 11-9.1A of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012; or (12) an offense in any other | 4 | | state the elements of which are similar and bear a
| 5 | | substantial relationship to any of the enumerated offenses | 6 | | in this subsection (i).
| 7 | | There is a rebuttable presumption that a parent is | 8 | | depraved if the parent
has been criminally convicted of at | 9 | | least 3 felonies under the laws of this
State or any other | 10 | | state, or under federal law, or the criminal laws of any
| 11 | | United States territory; and at least
one of these
| 12 | | convictions took place within 5 years of the filing of the | 13 | | petition or motion
seeking termination of parental rights.
| 14 | | There is a rebuttable presumption that a parent is | 15 | | depraved if that
parent
has
been criminally convicted of | 16 | | either first or second degree murder of any person
as | 17 | | defined in the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012 within 10 years of the filing date of
the petition | 19 | | or motion to terminate parental rights. | 20 | | No conviction or finding of delinquency pursuant to | 21 | | Article 5 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 (i).
| 24 | | (j) Open and notorious adultery or fornication.
| 25 | | (j-1) (Blank).
| 26 | | (k) Habitual drunkenness or addiction to drugs, other |
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| 1 | | than those
prescribed by a physician, for at least one | 2 | | year immediately
prior to the commencement of the | 3 | | unfitness proceeding.
| 4 | | There is a rebuttable presumption that a parent is | 5 | | unfit under this
subsection
with respect to any child to | 6 | | which that parent gives birth where there is a
confirmed
| 7 | | test result that at birth the child's blood, urine, or | 8 | | meconium contained any
amount of a controlled substance as | 9 | | defined in subsection (f) of Section 102 of
the Illinois | 10 | | Controlled Substances Act or metabolites of such | 11 | | substances, the
presence of which in the newborn infant | 12 | | was not the result of medical treatment
administered to | 13 | | the mother or the newborn infant; and the biological | 14 | | mother of
this child is the biological mother of at least | 15 | | one other child who was
adjudicated a neglected minor | 16 | | under subsection (c) of Section 2-3 of the
Juvenile Court | 17 | | Act of 1987.
| 18 | | (l) Failure to demonstrate a reasonable degree of | 19 | | interest, concern or
responsibility as to the welfare of a | 20 | | new born child during the first 30
days after its birth.
| 21 | | (m) Failure by a parent (i) to make reasonable efforts | 22 | | to correct the
conditions that were the basis for the | 23 | | removal of the child from the
parent during any 9-month | 24 | | period following the adjudication of neglected or abused | 25 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 26 | | or dependent minor under Section 2-4 of that Act, or (ii) |
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| 1 | | to make reasonable progress
toward the return of the
child | 2 | | to the parent during any 9-month period following the | 3 | | adjudication of
neglected or abused minor under Section | 4 | | 2-3 of the Juvenile Court
Act of 1987 or dependent minor | 5 | | under Section 2-4 of that Act.
If a service plan has been | 6 | | established as
required under
Section 8.2 of the Abused | 7 | | and Neglected Child Reporting Act to correct the
| 8 | | conditions that were the basis for the removal of the | 9 | | child from the parent
and if those services were | 10 | | available,
then, for purposes of this Act, "failure to | 11 | | make reasonable progress toward the
return of the child to | 12 | | the parent" includes the parent's failure to substantially | 13 | | fulfill his or her obligations
under
the service plan and | 14 | | correct the conditions that brought the child into care
| 15 | | during any 9-month period
following the adjudication under | 16 | | Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 17 | | Notwithstanding any other provision, when a petition or | 18 | | motion seeks to terminate parental rights on the basis of | 19 | | item (ii) of this subsection (m), the petitioner shall | 20 | | file with the court and serve on the parties a pleading | 21 | | that specifies the 9-month period or periods relied on. | 22 | | The pleading shall be filed and served on the parties no | 23 | | later than 3 weeks before the date set by the court for | 24 | | closure of discovery, and the allegations in the pleading | 25 | | shall be treated as incorporated into the petition or | 26 | | motion. Failure of a respondent to file a written denial |
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| 1 | | of the allegations in the pleading shall not be treated as | 2 | | an admission that the allegations are true.
| 3 | | (m-1) (Blank).
| 4 | | (n) Evidence of intent to forgo his or her parental | 5 | | rights,
whether or
not the child is a ward of the court, | 6 | | (1) as manifested
by his or her failure for a period of 12 | 7 | | months: (i) to visit the child,
(ii) to communicate with | 8 | | the child or agency, although able to do so and
not | 9 | | prevented from doing so by an agency or by court order, or | 10 | | (iii) to
maintain contact with or plan for the future of | 11 | | the child, although physically
able to do so, or (2) as | 12 | | manifested by the father's failure, where he
and the | 13 | | mother of the child were unmarried to each other at the | 14 | | time of the
child's birth, (i) to commence legal | 15 | | proceedings to establish his paternity
under the Illinois | 16 | | Parentage Act of 1984, the Illinois Parentage Act of 2015, | 17 | | or the law of the jurisdiction of
the child's birth within | 18 | | 30 days of being informed, pursuant to Section 12a
of this | 19 | | Act, that he is the father or the likely father of the | 20 | | child or,
after being so informed where the child is not | 21 | | yet born, within 30 days of
the child's birth, or (ii) to | 22 | | make a good faith effort to pay a reasonable
amount of the | 23 | | expenses related to the birth of the child and to provide a
| 24 | | reasonable amount for the financial support of the child, | 25 | | the court to
consider in its determination all relevant | 26 | | circumstances, including the
financial condition of both |
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| 1 | | parents; provided that the ground for
termination provided | 2 | | in this subparagraph (n)(2)(ii) shall only be
available | 3 | | where the petition is brought by the mother or the husband | 4 | | of
the mother.
| 5 | | Contact or communication by a parent with his or her | 6 | | child that does not
demonstrate affection and concern does | 7 | | not constitute reasonable contact
and planning under | 8 | | subdivision (n). In the absence of evidence to the
| 9 | | contrary, the ability to visit, communicate, maintain | 10 | | contact, pay
expenses and plan for the future shall be | 11 | | presumed. The subjective intent
of the parent, whether | 12 | | expressed or otherwise, unsupported by evidence of
the | 13 | | foregoing parental acts manifesting that intent, shall not | 14 | | preclude a
determination that the parent has intended to | 15 | | forgo his or her
parental
rights. In making this | 16 | | determination, the court may consider but shall not
| 17 | | require a showing of diligent efforts by an authorized | 18 | | agency to encourage
the parent to perform the acts | 19 | | specified in subdivision (n).
| 20 | | It shall be an affirmative defense to any allegation | 21 | | under paragraph
(2) of this subsection that the father's | 22 | | failure was due to circumstances
beyond his control or to | 23 | | impediments created by the mother or any other
person | 24 | | having legal custody. Proof of that fact need only be by a
| 25 | | preponderance of the evidence.
| 26 | | (o) Repeated or continuous failure by the parents, |
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| 1 | | although physically
and financially able, to provide the | 2 | | child with adequate food, clothing,
or shelter.
| 3 | | (p) Inability to discharge parental responsibilities | 4 | | supported by
competent evidence from a psychiatrist, | 5 | | licensed clinical social
worker, or clinical psychologist | 6 | | of mental
impairment, mental illness or an intellectual | 7 | | disability as defined in Section
1-116 of the Mental | 8 | | Health and Developmental Disabilities Code, or
| 9 | | developmental disability as defined in Section 1-106 of | 10 | | that Code, and
there is sufficient justification to | 11 | | believe that the inability to
discharge parental | 12 | | responsibilities shall extend beyond a reasonable
time | 13 | | period. However, this subdivision (p) shall not be | 14 | | construed so as to
permit a licensed clinical social | 15 | | worker to conduct any medical diagnosis to
determine | 16 | | mental illness or mental impairment.
| 17 | | (q) (Blank).
| 18 | | (r) The child is in the temporary custody or | 19 | | guardianship of the
Department of Children and Family | 20 | | Services, the parent is incarcerated as a
result of | 21 | | criminal conviction at the time the petition or motion for
| 22 | | termination of parental rights is filed, prior to | 23 | | incarceration the parent had
little or no contact with the | 24 | | child or provided little or no support for the
child, and | 25 | | the parent's incarceration will prevent the parent from | 26 | | discharging
his or her parental responsibilities for the |
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| 1 | | child for a period in excess of 2
years after the filing of | 2 | | the petition or motion for termination of parental
rights.
| 3 | | (s) The child is in the temporary custody or | 4 | | guardianship of the
Department of Children and Family | 5 | | Services, the parent is incarcerated at the
time the | 6 | | petition or motion for termination of parental rights is | 7 | | filed, the
parent has been repeatedly incarcerated as a | 8 | | result of criminal convictions,
and the parent's repeated | 9 | | incarceration has prevented the parent from
discharging | 10 | | his or her parental responsibilities for the child.
| 11 | | (t) (Blank). A finding that at birth the child's | 12 | | blood,
urine, or meconium contained any amount of a | 13 | | controlled substance as
defined in subsection (f) of | 14 | | Section 102 of the Illinois Controlled Substances
Act, or | 15 | | a metabolite of a controlled substance, with the exception | 16 | | of
controlled substances or metabolites of such | 17 | | substances, the presence of which
in the newborn infant | 18 | | was the result of medical treatment administered to the
| 19 | | mother or the newborn infant, and that the biological | 20 | | mother of this child is
the biological mother of at least | 21 | | one other child who was adjudicated a
neglected minor | 22 | | under subsection (c) of Section 2-3 of the Juvenile Court | 23 | | Act
of 1987, after which the biological mother had the | 24 | | opportunity to enroll in
and participate in a clinically | 25 | | appropriate substance abuse
counseling, treatment, and | 26 | | rehabilitation program.
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| 1 | | E. "Parent" means a person who is the legal mother or legal | 2 | | father of the child as defined in subsection X or Y of this | 3 | | Section. For the purpose of this Act, a parent who has executed | 4 | | a consent to adoption, a surrender, or a waiver pursuant to | 5 | | Section 10 of this Act, who has signed a Denial of Paternity | 6 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 7 | | of this Act, or whose parental rights have been terminated by a | 8 | | court, is not a parent of the child who was the subject of the | 9 | | consent, surrender, waiver, or denial unless (1) the consent | 10 | | is void pursuant to subsection O of Section 10 of this Act; or | 11 | | (2) the person executed a consent to adoption by a specified | 12 | | person or persons pursuant to subsection A-1 of Section 10 of | 13 | | this Act and a court of competent jurisdiction finds that the | 14 | | consent is void; or (3) the order terminating the parental | 15 | | rights of the person is vacated by a court of competent | 16 | | jurisdiction.
| 17 | | F. A person is available for adoption when the person is:
| 18 | | (a) a child who has been surrendered for adoption to | 19 | | an agency and to
whose adoption the agency has thereafter | 20 | | consented;
| 21 | | (b) a child to whose adoption a person authorized by | 22 | | law, other than his
parents, has consented, or to whose | 23 | | adoption no consent is required pursuant
to Section 8 of | 24 | | this Act;
| 25 | | (c) a child who is in the custody of persons who intend | 26 | | to adopt him
through placement made by his parents;
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| 1 | | (c-1) a child for whom a parent has signed a specific | 2 | | consent pursuant
to subsection O of Section 10;
| 3 | | (d) an adult who meets the conditions set forth in | 4 | | Section 3 of this
Act; or
| 5 | | (e) a child who has been relinquished as defined in | 6 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 7 | | A person who would otherwise be available for adoption | 8 | | shall not be
deemed unavailable for adoption solely by reason | 9 | | of his or her death.
| 10 | | G. The singular includes the plural and the plural | 11 | | includes
the singular and the "male" includes the "female", as | 12 | | the context of this
Act may require.
| 13 | | H. (Blank).
| 14 | | I. "Habitual residence" has the meaning ascribed to it in | 15 | | the federal Intercountry Adoption Act of 2000 and regulations | 16 | | promulgated thereunder.
| 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 by | 22 | | persons who are habitual residents of the United States, or | 23 | | the child is a habitual resident of the United States who is | 24 | | adopted by persons who are habitual residents of a country | 25 | | other than the United States.
| 26 | | L. (Blank).
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| 1 | | M. "Interstate Compact on the Placement of Children" is a | 2 | | law enacted by all
states and certain territories for the | 3 | | purpose of establishing uniform procedures for handling
the | 4 | | interstate placement of children in foster homes, adoptive | 5 | | homes, or
other child care facilities.
| 6 | | N. (Blank).
| 7 | | O. "Preadoption requirements" means any conditions or | 8 | | standards established by the laws or administrative rules of | 9 | | this State that must be met by a prospective adoptive parent
| 10 | | prior to the placement of a child in an adoptive home.
| 11 | | P. "Abused child" means a child whose parent or immediate | 12 | | family member,
or any person responsible for the child's | 13 | | welfare, or any individual
residing in the same home as the | 14 | | child, or a paramour of the child's parent:
| 15 | | (a) inflicts, causes to be inflicted, or allows to be | 16 | | inflicted upon
the child physical injury, by other than | 17 | | accidental means, that causes
death, disfigurement, | 18 | | impairment of physical or emotional health, or loss
or | 19 | | impairment of any bodily function;
| 20 | | (b) creates a substantial risk of physical injury to | 21 | | the child by
other than accidental means which would be | 22 | | likely to cause death,
disfigurement, impairment of | 23 | | physical or emotional health, or loss or
impairment of any | 24 | | bodily function;
| 25 | | (c) commits or allows to be committed any sex offense | 26 | | against the child,
as sex offenses are defined in the |
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| 1 | | Criminal Code of 2012
and extending those definitions of | 2 | | sex offenses to include children under
18 years of age;
| 3 | | (d) commits or allows to be committed an act or acts of | 4 | | torture upon
the child; or
| 5 | | (e) inflicts excessive corporal punishment.
| 6 | | Q. "Neglected child" means any child whose parent or other | 7 | | person
responsible for the child's welfare withholds or denies | 8 | | nourishment or
medically indicated treatment including food or | 9 | | care denied solely on the
basis of the present or anticipated | 10 | | mental or physical impairment as determined
by a physician | 11 | | acting alone or in consultation with other physicians or
| 12 | | otherwise does not provide the proper or necessary support, | 13 | | education
as required by law, or medical or other remedial | 14 | | care recognized under State
law as necessary for a child's | 15 | | well-being, or other care necessary for his
or her well-being, | 16 | | including adequate food, clothing and shelter; or who
is | 17 | | abandoned by his or her parents or other person responsible | 18 | | for the child's
welfare.
| 19 | | A child shall not be considered neglected or abused for | 20 | | the
sole reason that the child's parent or other person | 21 | | responsible for his
or her welfare depends upon spiritual | 22 | | means through prayer alone for the
treatment or cure of | 23 | | disease or remedial care as provided under Section 4
of the | 24 | | Abused and Neglected Child Reporting Act.
A child shall not be | 25 | | considered neglected or abused for the sole reason that
the | 26 | | child's parent or other person responsible for the child's |
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| 1 | | welfare failed
to vaccinate, delayed vaccination, or refused | 2 | | vaccination for the child
due to a waiver on religious or | 3 | | medical grounds as permitted by law.
| 4 | | R. "Putative father" means a man who may be a child's | 5 | | father, but who (1) is
not married to the child's mother on or | 6 | | before the date that the child was or
is to be born and (2) has | 7 | | not established paternity of the child in a court
proceeding | 8 | | before the filing of a petition for the adoption of the child. | 9 | | The
term includes a male who is less than 18 years of age. | 10 | | "Putative father" does
not mean a man who is the child's father | 11 | | as a result of criminal sexual abuse
or assault as defined | 12 | | under Article 11 of the Criminal Code of 2012.
| 13 | | S. "Standby adoption" means an adoption in which a parent
| 14 | | consents to custody and termination of parental rights to | 15 | | become
effective upon the occurrence of a future event, which | 16 | | is either the death of
the
parent or the request of the parent
| 17 | | for the entry of a final judgment of adoption.
| 18 | | T. (Blank).
| 19 | | T-5. "Biological parent", "birth parent", or "natural | 20 | | parent" of a child are interchangeable terms that mean a | 21 | | person who is biologically or genetically related to that | 22 | | child as a parent. | 23 | | U. "Interstate adoption" means the placement of a minor | 24 | | child with a prospective adoptive parent for the purpose of | 25 | | pursuing an adoption for that child that is subject to the | 26 | | provisions of the Interstate Compact on the Placement of |
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| 1 | | Children. | 2 | | V. (Blank). | 3 | | W. (Blank). | 4 | | X. "Legal father" of a child means a man who is recognized | 5 | | as or presumed to be that child's father: | 6 | | (1) because of his marriage to or civil union with the | 7 | | child's parent at the time of the child's birth or within | 8 | | 300 days prior to that child's birth, unless he signed a | 9 | | denial of paternity pursuant to Section 12 of the Vital | 10 | | Records Act or a waiver pursuant to Section 10 of this Act; | 11 | | or | 12 | | (2) because his paternity of the child has been | 13 | | established pursuant to the Illinois Parentage Act, the | 14 | | Illinois Parentage Act of 1984, or the Gestational | 15 | | Surrogacy Act; or | 16 | | (3) because he is listed as the child's father or | 17 | | parent on the child's birth certificate, unless he is | 18 | | otherwise determined by an administrative or judicial | 19 | | proceeding not to be the parent of the child or unless he | 20 | | rescinds his acknowledgment of paternity pursuant to the | 21 | | Illinois Parentage Act of 1984; or | 22 | | (4) because his paternity or adoption of the child has | 23 | | been established by a court of competent jurisdiction. | 24 | | The definition in this subsection X shall not be construed | 25 | | to provide greater or lesser rights as to the number of parents | 26 | | who can be named on a final judgment order of adoption or |
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| 1 | | Illinois birth certificate that otherwise exist under Illinois | 2 | | law. | 3 | | Y. "Legal mother" of a child means a woman who is | 4 | | recognized as or presumed to be that child's mother: | 5 | | (1) because she gave birth to the child except as | 6 | | provided in the Gestational Surrogacy Act; or | 7 | | (2) because her maternity of the child has been | 8 | | established pursuant to the Illinois Parentage Act of 1984 | 9 | | or the Gestational Surrogacy Act; or | 10 | | (3) because her maternity or adoption of the child has | 11 | | been established by a court of competent jurisdiction; or | 12 | | (4) because of her marriage to or civil union with the | 13 | | child's other parent at the time of the child's birth or | 14 | | within 300 days prior to the time of birth; or | 15 | | (5) because she is listed as the child's mother or | 16 | | parent on the child's birth certificate unless she is | 17 | | otherwise determined by an administrative or judicial | 18 | | proceeding not to be the parent of the child. | 19 | | The definition in this subsection Y shall not be construed | 20 | | to provide greater or lesser rights as to the number of parents | 21 | | who can be named on a final judgment order of adoption or | 22 | | Illinois birth certificate that otherwise exist under Illinois | 23 | | law. | 24 | | Z. "Department" means the Illinois Department of Children | 25 | | and Family Services. | 26 | | AA. "Placement disruption" means a circumstance where the |
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| 1 | | child is removed from an adoptive placement before the | 2 | | adoption is finalized. | 3 | | BB. "Secondary placement" means a placement, including but | 4 | | not limited to the placement of a youth in care as defined in | 5 | | Section 4d of the Children and Family Services Act, that | 6 | | occurs after a placement disruption or an adoption | 7 | | dissolution. "Secondary placement" does not mean secondary | 8 | | placements arising due to the death of the adoptive parent of | 9 | | the child. | 10 | | CC. "Adoption dissolution" means a circumstance where the | 11 | | child is removed from an adoptive placement after the adoption | 12 | | is finalized. | 13 | | DD. "Unregulated placement" means the secondary placement | 14 | | of a child that occurs without the oversight of the courts, the | 15 | | Department, or a licensed child welfare agency. | 16 | | EE. "Post-placement and post-adoption support services" | 17 | | means support services for placed or adopted children and | 18 | | families that include, but are not limited to, mental health | 19 | | treatment, including counseling and other support services for | 20 | | emotional, behavioral, or developmental needs, and treatment | 21 | | for substance abuse. | 22 | | FF. "Youth in care" has the meaning provided in Section 4d | 23 | | of the Children and Family Services Act. | 24 | | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | 25 | | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .)".
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