HB0003 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0003

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes.


LRB103 03564 CPF 48570 b

 

 

A BILL FOR

 

HB0003LRB103 03564 CPF 48570 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Reproductive
5Liberty and Justice Act.
 
6    Section 3. Purpose. The purposes of this Act are to reduce
7racial and geographic inequities that currently preclude
8segments of the Illinois population from autonomously
9exercising the fundamental rights and liberties provided by
10the Reproductive Health Act; to provide patients with a secure
11knowledge that the personal information they disclose to
12providers of reproductive health care services will remain
13private and confidential; to correct deficiencies in the
14implementation of Public Act 93-578, such that families who
15experience stillbirth are treated with dignity and respect by
16this State; and to ensure that the increasing number of
17patients traveling to Illinois from out-of-state for legal
18abortion care does not compound inequities in the availability
19of and access to maternity care among childbearing families
20who reside in Illinois.
 
21    Section 5. The Substance Use Disorder Act is amended by
22adding Section 35-15 as follows:
 

 

 

HB0003- 2 -LRB103 03564 CPF 48570 b

1    (20 ILCS 301/35-15 new)
2    Sec. 35-15. Plans of Safe Care. The Division of Substance
3Use Prevention and Recovery, in consultation with the Illinois
4Perinatal Quality Collaborative or its successor organization,
5shall develop a standardized Plan of Safe Care form to support
6discharge planning for mothers and infants affected by
7prenatal substance exposure. Plans of Safe Care shall not be
8recorded in the State Central Registry described in Section 7
9of the Abused and Neglected Child Reporting Act and shall not
10be discoverable or admissible as evidence in any proceeding
11pursuant to the Juvenile Court Act of 1987 or the Adoption Act
12unless the named party waives his or her right to
13confidentiality in writing.
14    As used in this Section, "Plan of Safe Care" means a
15written or electronic document designed to ensure the safety
16and well-being of a newborn who has been identified by his or
17her healthcare provider as being affected by prenatal
18substance exposure or withdrawal symptoms, or a fetal alcohol
19spectrum disorder (FASD), and his or her gestational parent.
 
20    Section 10. The Equity and Representation in Health Care
21Act is amended by changing Section 10 as follows:
 
22    (110 ILCS 932/10)
23    (This Section may contain text from a Public Act with a

 

 

HB0003- 3 -LRB103 03564 CPF 48570 b

1delayed effective date)
2    Sec. 10. Definitions. As used in this Act:
3    "Accredited school" means a college or university in which
4a degree in allopathic medicine, osteopathic medicine,
5dentistry, physical therapy, or an equivalent credential for a
6health program is earned and for which the Council for Higher
7Education Accreditation or its affiliates has determined that
8the school meets specific standards for its programs, faculty,
9and curriculum.
10    "Advanced practice registered nurse" or "APRN" means an
11advanced practice registered nurse as defined under Section
1250-10 of the Nurse Practice Act.
13    "Allopathic medicine" means the use of pharmacological
14agents or physical interventions to treat or suppress symptoms
15or processes of diseases or conditions.
16    "Applicant" means a health care professional or medical
17facility who applies for loan repayment assistance or
18scholarship funds under this Act.
19    "Approved graduate training" means training in medicine,
20dentistry, or any other health profession that leads to
21eligibility for board certification, provides evidence of
22completion, and is approved by the appropriate health care
23professional's body.
24    "Behavioral health provider" means a provider of a
25commonly recognized discipline in the behavioral health
26industry, including, but not limited to, licensed clinical

 

 

HB0003- 4 -LRB103 03564 CPF 48570 b

1social workers, behavioral health therapists, certified
2marriage and family counselors, licensed social workers, and
3addiction counselors.
4    "Breach of service obligation" means failure for any
5reason to begin or complete a contractual service commitment.
6    "Commercial loan" means a loan made by a bank, credit
7union, savings and loan association, insurance company,
8school, or other financial institution.
9    "Community health center" means a migrant health center,
10community health center, health care program for the homeless
11or for residents of public housing supported under Section 330
12of the federal Public Health Service Act, or FQHC, including
13an FQHC Look-Alike, as designated by the U.S. Department of
14Health and Human Services, that operates at least one
15federally designated primary health care delivery site in
16Illinois.
17    "Default" means failure to meet a legal obligation or
18condition of a loan.
19    "Department" means the Department of Public Health.
20    "Dental assistant" means a person who serves as a member
21of a dental care team, working directly with a dentist to
22perform duties that include, but are not limited to, assisting
23with dental procedures, preparing patients for procedures,
24preparing examinations, and sterilizing equipment.
25    "Dentist" means a person licensed to practice dentistry
26under the Illinois Dental Practice Act.

 

 

HB0003- 5 -LRB103 03564 CPF 48570 b

1    "Director" means the Director of Public Health.
2    "Equity and Representation in Health Care Workforce
3Repayment Program" or "Repayment Program" means the Equity and
4Representation in Health Care Workforce Repayment Program
5created under subsection (a) of Section 15.
6    "Equity and Representation in Health Care Workforce
7Scholarship Program" or "Scholarship Program" means the Equity
8and Representation in Health Care Workforce Scholarship
9Program created under subsection (b) of Section 15.
10    "Federally Qualified Health Center" or "FQHC" means a
11health center funded under Section 330 of the federal Public
12Health Service Act.
13    "Federally Qualified Health Center Look-Alike" or "FQHC
14Look-Alike" means a health center that meets the requirements
15for receiving a grant under Section 330 of the federal Public
16Health Service Act but does not receive funding under that
17authority.
18    "Government loan" means a loan made by a federal, State,
19county, or city agency authorized to make the loan.
20    "Health care professional" means a physician, physician
21assistant, advanced practice registered nurse, nurse, licensed
22certified professional midwife, chiropractic physician,
23podiatrist, physical therapist, physical therapist assistant,
24occupational therapist, speech therapist, behavioral health
25provider, psychiatrist, psychologist, pharmacist, dentist,
26medical assistant, dental assistant, or dental hygienist.

 

 

HB0003- 6 -LRB103 03564 CPF 48570 b

1    "Health professional shortage area" or "HPSA" means a
2designation from the U.S. Department of Health and Human
3Services that indicates the shortage of primary medical care
4or dental or mental health providers. The designation may be
5geographic, such as a county or service area; demographic,
6such as low-income population; or institutional, such as a
7comprehensive health center, FQHC, or other public facility.
8    "Lender" means the commercial or government entity that
9makes a qualifying loan.
10    "Licensed certified professional midwife" means a person
11who meets the requirements under Section 45 of the Licensed
12Certified Professional Midwife Practice Act and holds an
13active license to practice as a certified professional midwife
14in Illinois.
15    "Loan repayment award" or "award" means the amount of
16funding awarded to a recipient based upon his or her
17reasonable educational expenses, up to a maximum established
18by the program.
19    "Loan repayment agreement" or "agreement" means the
20written instrument defining a legal relationship entered into
21between the Department and a recipient.
22    "Medical assistant" means a person who serves as a member
23of a medical care team working directly with other providers
24to perform duties that include, but are not limited to,
25gathering patient information, taking vital signs, preparing
26patients for examinations, and assisting physicians during

 

 

HB0003- 7 -LRB103 03564 CPF 48570 b

1examinations.
2    "Medical facility" means a facility in which the delivery
3of health services is provided. A medical facility must be a
4nonprofit or public facility located in Illinois and includes
5the following:
6        (1) A Federally Qualified Health Center.
7        (2) An FQHC Look-Alike.
8        (3) A hospital system operated by a county with more
9    than 3,000,000 residents.
10        (4) A reproductive health center established at a
11    nonprofit community health center under Section 2310-438
12    of the Department of Public Health Powers and Duties Law
13    of the Civil Administrative Code of Illinois, if approved
14    by the Department.
15    "Medically underserved area" or "MUA" means an area
16designated by the U.S. Department of Health and Human
17Services' Health Resources and Services Administration as
18having too few primary care providers, high infant mortality,
19high poverty, or a high elderly population.
20    "Nurse" means a person who is licensed as a licensed
21practical nurse or as a registered nurse under the Nurse
22Practice Act.
23    "Osteopathic medicine" means medical practice based upon
24the theory that diseases are due to loss of structural
25integrity, which can be restored by manipulation of the parts
26and supplemented by therapeutic measures.

 

 

HB0003- 8 -LRB103 03564 CPF 48570 b

1    "Physical therapist" means an individual licensed as a
2physical therapist under the Illinois Physical Therapy Act.
3    "Physical therapist assistant" means an individual
4licensed as a physical therapist assistant under the Illinois
5Physical Therapy Act.
6    "Physician" means a person licensed to practice medicine
7in all of its branches under the Medical Practice Act of 1987.
8    "Physician assistant" means an individual licensed under
9the Physician Assistant Practice Act of 1987.
10    "Primary care" means health care that encompasses
11prevention services, basic diagnostic and treatment services,
12and support services, including laboratory, radiology,
13transportation, and pharmacy services.
14    "Psychiatrist" means a physician licensed to practice
15medicine in Illinois under the Medical Practice Act of 1987
16who has successfully completed an accredited residency program
17in psychiatry.
18    "Qualifying loan" means a government loan or commercial
19loan used for tuition and reasonable educational and living
20expenses related to undergraduate or graduate education that
21was obtained by the recipient prior to his or her application
22for loan repayment and that is contemporaneous with the
23education received.
24    "Reasonable educational expenses" means costs for
25education, exclusive of tuition. These costs include, but are
26not limited to, fees, books, supplies, clinical travel,

 

 

HB0003- 9 -LRB103 03564 CPF 48570 b

1educational equipment, materials, board certification, or
2licensing examinations. "Reasonable educational expenses" do
3not exceed the estimated standard budget for expenses for the
4degree program and for the years of enrollment.
5    "Reasonable living expenses" means room and board,
6transportation, and commuting costs associated with the
7applicant's attendance and participation in an educational and
8workforce training program. "Reasonable living expenses" do
9not exceed the estimated standard budget for the recipient's
10degree program and for the years of enrollment.
11    "Recognized training entity" means an entity approved by
12the Department to provide training and education for medical
13assistants and dental assistants.
14    "Recipient" means a health care professional or medical
15facility that may use loan repayment funds.
16    "Rural" has the same meaning that is used by the federal
17Health Resources and Services Administration to determine
18eligibility for Rural Health Grants.
19    "State" means the State of Illinois.
20(Source: P.A. 102-942, eff. 1-1-23; revised 9-2-22.)
 
21    Section 15. The Hospital Licensing Act is amended by
22changing Section 11.4 and by adding Section 11.9 as follows:
 
23    (210 ILCS 85/11.4)
24    Sec. 11.4. Disposition of fetus. A hospital having custody

 

 

HB0003- 10 -LRB103 03564 CPF 48570 b

1of a fetus following a spontaneous fetal demise occurring
2during or after a gestation period of less than 20 completed
3weeks must notify the mother of her right to arrange for the
4burial or cremation of the fetus. Notification may also
5include other options such as, but not limited to, a ceremony,
6a certificate, or common burial or cremation of fetal tissue.
7If, within 24 hours after being notified under this Section,
8the mother elects in writing to arrange for the burial or
9cremation of the fetus, the disposition of the fetus shall be
10subject to the same laws and rules that apply in the case of a
11fetal death that occurs in this State after a gestation period
12of 20 completed weeks or more. The Department of Public Health
13shall develop forms to be used for notifications and elections
14under this Section and hospitals shall provide the forms to
15the mother.
16(Source: P.A. 96-338, eff. 1-1-10.)
 
17    (210 ILCS 85/11.9 new)
18    Sec. 11.9. Certificate of birth resulting in stillbirth;
19notification. This Section may be referred to as Liam's Law.
20    A hospital having custody of a fetus following a
21spontaneous fetal death occurring during or after a gestation
22period of at least 20 completed weeks must notify the
23gestational parent of the parent's right to receive a
24certificate of birth resulting in stillbirth as described in
25Section 20.5 of the Vital Records Act. The Department of

 

 

HB0003- 11 -LRB103 03564 CPF 48570 b

1Public Health shall develop a form to be used for notification
2under this Section and hospitals shall provide the form to the
3gestational parent. This form shall be known as a "Liam's Law
4notice." The Department of Public Health shall consult with
5the 2 Illinois-based Fetal Infant Mortality Review Project
6Community Action Teams, or their successor organizations, to
7ensure that any language included in the standardized "Liam's
8Law notice" is culturally sensitive to the needs of bereaved
9families. The "Liam's Law notice" shall be available in both
10English and Spanish.
 
11    Section 20. The Birth Center Licensing Act is amended by
12changing Section 5 and by adding Section 65 as follows:
 
13    (210 ILCS 170/5)
14    (Text of Section before amendment by P.A. 102-964)
15    Sec. 5. Definitions. In this Act:
16    "Birth center" means a designated site, other than a
17hospital:
18        (1) in which births are planned to occur following a
19    normal, uncomplicated, and low-risk pregnancy;
20        (2) that is not the pregnant person's usual place of
21    residence;
22        (3) that is exclusively dedicated to serving the
23    reproductive health care childbirth-related needs of
24    pregnant persons and their newborns, and has no more than

 

 

HB0003- 12 -LRB103 03564 CPF 48570 b

1    10 beds;
2        (4) that offers prenatal care and community education
3    services and coordinates these services with other health
4    care services available in the community; and
5        (5) that does not provide general anesthesia; and or
6    surgery.
7        (6) that does not provide surgery except as allowed by
8    the Department by rule.
9    "Certified nurse midwife" means an advanced practice
10registered nurse licensed in Illinois under the Nurse Practice
11Act with full practice authority or who is delegated such
12authority as part of a written collaborative agreement with a
13physician who is associated with the birthing center or who
14has privileges at a nearby birthing hospital.
15    "Department" means the Illinois Department of Public
16Health.
17    "Hospital" does not include places where pregnant females
18are received, cared for, or treated during delivery if it is in
19a licensed birth center, nor include any facility required to
20be licensed as a birth center.
21    "Physician" means a physician licensed to practice
22medicine in all its branches in Illinois.
23    "Reproductive health care" has the meaning ascribed to
24that term in Section 1-10 of the Reproductive Health Act.
25(Source: P.A. 102-518, eff. 8-20-21.)
 

 

 

HB0003- 13 -LRB103 03564 CPF 48570 b

1    (Text of Section after amendment by P.A. 102-964)
2    Sec. 5. Definitions. In this Act:
3    "Birth center" means a designated site, other than a
4hospital:
5        (1) in which births are planned to occur following a
6    normal, uncomplicated, and low-risk pregnancy;
7        (2) that is not the pregnant person's usual place of
8    residence;
9        (3) that is exclusively dedicated to serving the
10    reproductive health care childbirth-related needs of
11    pregnant persons and their newborns, and has no more than
12    10 beds;
13        (4) that offers prenatal care and community education
14    services and coordinates these services with other health
15    care services available in the community; and
16        (5) that does not provide general anesthesia; and or
17    surgery.
18        (6) that does not provide surgery except as allowed by
19    the Department by rule.
20    "Certified nurse midwife" means an advanced practice
21registered nurse licensed in Illinois under the Nurse Practice
22Act with full practice authority or who is delegated such
23authority as part of a written collaborative agreement with a
24physician who is associated with the birthing center or who
25has privileges at a nearby birthing hospital.
26    "Department" means the Illinois Department of Public

 

 

HB0003- 14 -LRB103 03564 CPF 48570 b

1Health.
2    "Hospital" does not include places where pregnant females
3are received, cared for, or treated during delivery if it is in
4a licensed birth center, nor include any facility required to
5be licensed as a birth center.
6    "Licensed certified professional midwife" means a person
7who has successfully met the requirements under Section 45 of
8the Licensed Certified Professional Midwife Practice Act and
9holds an active license to practice as a licensed certified
10professional midwife in Illinois.
11    "Physician" means a physician licensed to practice
12medicine in all its branches in Illinois.
13    "Reproductive health care" has the meaning ascribed to
14that term Section 1-10 of the Reproductive Health Act.
15(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
 
16    (210 ILCS 170/65 new)
17    Sec. 65. Co-located facilities; essential reproductive
18health care services.
19    (a) In this Section, "co-located facility" means a
20facility licensed in accordance with rules adopted by the
21Department under subsection (c).
22    (b) Notwithstanding any other provision of law, a birth
23center licensed under this Act, a birth center operating under
24the Alternative Health Care Delivery Act, or any licensed
25provider of abortion services and birth control services

 

 

HB0003- 15 -LRB103 03564 CPF 48570 b

1on-site may be co-located at the same facility.
2    (c) The Department shall adopt rules creating a licensing
3scheme and designation for co-located facilities.
4    (d) A co-located facility shall provide essential
5reproductive health care services according to a sliding fee
6schedule for uninsured patients, such as the Sliding Fee
7Discount Program's fee schedule used by Federally Qualified
8Health Centers. The essential reproductive health care
9services include, but are not limited to, all of the
10following:
11        (1) Annual women's health examinations, including, but
12    not limited to, Papanicolaou tests and breast
13    examinations.
14        (2) Recovery support services for pregnant and
15    postpartum individuals affected by a substance use
16    disorder, including, but not limited to, the prescription
17    of medications that are approved by the United States Food
18    and Drug Administration and the Center for Substance Abuse
19    Treatment for the treatment of an opioid use disorder in
20    pregnant individuals. As used in this paragraph, "recovery
21    support" has the meaning ascribed to that term in Section
22    1-10 of the Substance Use Disorder Act.
23        (3) Preconception wellness visits.
24        (4) Prenatal care, including, but not limited to,
25    ultrasound examinations.
26        (5) Labor and delivery services led by a physician,

 

 

HB0003- 16 -LRB103 03564 CPF 48570 b

1    certified nurse midwife, or licensed certified
2    professional midwife.
3        (6) Postpartum care and support.
4        (7) Examinations and prescriptions for contraceptives.
5        (8) Abortion care and post-abortion care, including,
6    but not limited to, induced terminations and management of
7    spontaneous fetal death.
8        (9) Examinations, care, and prescriptions for sexually
9    transmitted infections.
10        (10) Assessment for and prescription of pre-exposure
11    prophylaxis (PrEP).
12        (11) Perinatal doulas and community health workers who
13    specialize in reproductive health care issues.
14    (e) A co-located facility shall not refuse access to
15essential reproductive health care services described under
16subsection (d) to a patient seeking access to any of those
17services on the basis of his or her immigration status, state
18or territory of residence, insurance status, or of any other
19characteristic protected under the Illinois Human Rights Act.
20    (f) A co-located facility must obtain a certificate of
21need from the Health Facilities and Services Review Board
22under the Health Facilities Planning Act to operate an
23obstetric bed unit with a bed capacity of no more than 8 beds.
24    (g) A co-located facility shall link and integrate labor
25and delivery services with at least one hospital with a
26minimum Level 3 perinatal designation.

 

 

HB0003- 17 -LRB103 03564 CPF 48570 b

1    (h) A co-located facility shall be eligible to receive
2funding through the Department of Human Services for
3programming described in subsections (h) and (i) of Section
435-5 of the Substance Use Disorder Act.
 
5    Section 25. The Licensed Certified Professional Midwife
6Practice Act is amended by changing Section 85 as follows:
 
7    (225 ILCS 64/85)
8    (Section scheduled to be repealed on January 1, 2027)
9    Sec. 85. Prohibited practices.
10    (a) A licensed certified professional midwife may not do
11any of the following:
12        (1) administer prescription pharmacological agents
13    intended to induce or augment labor;
14        (2) administer prescription pharmacological agents to
15    provide pain management;
16        (3) use vacuum extractors or forceps;
17        (4) prescribe medications;
18        (5) provide out-of-hospital intrapartum care to a
19    childbearing individual who has had a previous cesarean
20    section;
21        (6) perform abortions or surgical procedures,
22    including, but not limited to, cesarean sections and
23    circumcisions, except for an emergency episiotomy;
24        (7) knowingly accept responsibility for prenatal or

 

 

HB0003- 18 -LRB103 03564 CPF 48570 b

1    intrapartum care of a client with any of the following
2    risk factors:
3            (A) chronic significant maternal cardiac,
4        pulmonary, renal, or hepatic disease;
5            (B) malignant disease in an active phase;
6            (C) significant hematological disorders,
7        coagulopathies, or pulmonary embolism;
8            (D) insulin requiring diabetes mellitus;
9            (E) known maternal congenital abnormalities
10        affecting childbirth;
11            (F) confirmed isoimmunization, Rh disease with
12        positive titer;
13            (G) active tuberculosis;
14            (H) active syphilis or gonorrhea;
15            (I) active genital herpes infection 2 weeks prior
16        to labor or in labor;
17            (J) pelvic or uterine abnormalities affecting
18        normal vaginal births, including tumors and
19        malformations;
20            (K) (blank) alcoholism or alcohol abuse;
21            (L) (blank) drug addiction or abuse; or
22            (M) confirmed AIDS status.
23    (b) A licensed certified professional midwife shall not
24administer Schedule II through IV controlled substances.
25Subject to a prescription by a health care professional,
26Schedule V controlled substances may be administered by

 

 

HB0003- 19 -LRB103 03564 CPF 48570 b

1licensed certified professional midwives.
2(Source: P.A. 102-683, eff. 10-1-22.)
 
3    Section 30. The Abused and Neglected Child Reporting Act
4is amended by changing Sections 3, 5, and 7.3 and by adding
5Section 3.5 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an
14adult resident is abused or neglected.
15    "Agency" means a child care facility licensed under
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
17includes a transitional living program that accepts children
18and adult residents for placement who are in the guardianship
19of the Department.
20    "Blatant disregard" means an incident where the real,
21significant, and imminent risk of harm would be so obvious to a
22reasonable parent or caretaker that it is unlikely that a
23reasonable parent or caretaker would have exposed the child to
24the danger without exercising precautionary measures to

 

 

HB0003- 20 -LRB103 03564 CPF 48570 b

1protect the child from harm. With respect to a person working
2at an agency in his or her professional capacity with a child
3or adult resident, "blatant disregard" includes a failure by
4the person to perform job responsibilities intended to protect
5the child's or adult resident's health, physical well-being,
6or welfare, and, when viewed in light of the surrounding
7circumstances, evidence exists that would cause a reasonable
8person to believe that the child was neglected. With respect
9to an agency, "blatant disregard" includes a failure to
10implement practices that ensure the health, physical
11well-being, or welfare of the children and adult residents
12residing in the facility.
13    "CAPTA notification" refers to notification to the
14Department of an infant who has been born and identified as
15affected by prenatal substance exposure or a fetal alcohol
16spectrum disorder as required under the federal Child Abuse
17Prevention and Treatment Act.
18    "Child" means any person under the age of 18 years, unless
19legally emancipated by reason of marriage or entry into a
20branch of the United States armed services.
21    "Department" means Department of Children and Family
22Services.
23    "Local law enforcement agency" means the police of a city,
24town, village or other incorporated area or the sheriff of an
25unincorporated area or any sworn officer of the Illinois State
26Police.

 

 

HB0003- 21 -LRB103 03564 CPF 48570 b

1    "Abused child" means a child whose parent or immediate
2family member, or any person responsible for the child's
3welfare, or any individual residing in the same home as the
4child, or a paramour of the child's parent:
5        (a) inflicts, causes to be inflicted, or allows to be
6    inflicted upon such child physical injury, by other than
7    accidental means, which causes death, disfigurement,
8    impairment of physical or emotional health, or loss or
9    impairment of any bodily function;
10        (b) creates a substantial risk of physical injury to
11    such child by other than accidental means which would be
12    likely to cause death, disfigurement, impairment of
13    physical or emotional health, or loss or impairment of any
14    bodily function;
15        (c) commits or allows to be committed any sex offense
16    against such child, as such sex offenses are defined in
17    the Criminal Code of 2012 or in the Wrongs to Children Act,
18    and extending those definitions of sex offenses to include
19    children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon such child;
22        (e) inflicts excessive corporal punishment or, in the
23    case of a person working for an agency who is prohibited
24    from using corporal punishment, inflicts corporal
25    punishment upon a child or adult resident with whom the
26    person is working in his or her professional capacity;

 

 

HB0003- 22 -LRB103 03564 CPF 48570 b

1        (f) commits or allows to be committed the offense of
2    female genital mutilation, as defined in Section 12-34 of
3    the Criminal Code of 2012, against the child;
4        (g) causes to be sold, transferred, distributed, or
5    given to such child under 18 years of age, a controlled
6    substance as defined in Section 102 of the Illinois
7    Controlled Substances Act in violation of Article IV of
8    the Illinois Controlled Substances Act or in violation of
9    the Methamphetamine Control and Community Protection Act,
10    except for controlled substances that are prescribed in
11    accordance with Article III of the Illinois Controlled
12    Substances Act and are dispensed to such child in a manner
13    that substantially complies with the prescription;
14        (h) commits or allows to be committed the offense of
15    involuntary servitude, involuntary sexual servitude of a
16    minor, or trafficking in persons as defined in Section
17    10-9 of the Criminal Code of 2012 against the child; or
18        (i) commits the offense of grooming, as defined in
19    Section 11-25 of the Criminal Code of 2012, against the
20    child.
21    A child shall not be considered abused for the sole reason
22that the child has been relinquished in accordance with the
23Abandoned Newborn Infant Protection Act.
24    "Neglected child" means any child who is not receiving the
25proper or necessary nourishment or medically indicated
26treatment including food or care not provided solely on the

 

 

HB0003- 23 -LRB103 03564 CPF 48570 b

1basis of the present or anticipated mental or physical
2impairment as determined by a physician acting alone or in
3consultation with other physicians or otherwise is not
4receiving the proper or necessary support or medical or other
5remedial care recognized under State law as necessary for a
6child's well-being, or other care necessary for his or her
7well-being, including adequate food, clothing and shelter; or
8who is subjected to an environment which is injurious insofar
9as (i) the child's environment creates a likelihood of harm to
10the child's health, physical well-being, or welfare and (ii)
11the likely harm to the child is the result of a blatant
12disregard of parent, caretaker, person responsible for the
13child's welfare, or agency responsibilities; or who is
14abandoned by his or her parents or other person responsible
15for the child's welfare without a proper plan of care; or who
16has been provided with interim crisis intervention services
17under Section 3-5 of the Juvenile Court Act of 1987 and whose
18parent, guardian, or custodian refuses to permit the child to
19return home and no other living arrangement agreeable to the
20parent, guardian, or custodian can be made, and the parent,
21guardian, or custodian has not made any other appropriate
22living arrangement for the child; or who is a newborn infant
23whose blood, urine, or meconium contains any amount of a
24controlled substance as defined in subsection (f) of Section
25102 of the Illinois Controlled Substances Act or a metabolite
26thereof, with the exception of a controlled substance or

 

 

HB0003- 24 -LRB103 03564 CPF 48570 b

1metabolite thereof whose presence in the newborn infant is the
2result of medical treatment administered to the mother or the
3newborn infant. A child shall not be considered neglected for
4the sole reason that the child's parent or other person
5responsible for his or her welfare has left the child in the
6care of an adult relative for any period of time. A child shall
7not be considered neglected for the sole reason that the child
8has been relinquished in accordance with the Abandoned Newborn
9Infant Protection Act. A child shall not be considered
10neglected or abused for the sole reason that such child's
11parent or other person responsible for his or her welfare
12depends upon spiritual means through prayer alone for the
13treatment or cure of disease or remedial care as provided
14under Section 4 of this Act. A child shall not be considered
15neglected or abused solely because the child is not attending
16school in accordance with the requirements of Article 26 of
17The School Code, as amended.
18    "Child Protective Service Unit" means certain specialized
19State employees of the Department assigned by the Director to
20perform the duties and responsibilities as provided under
21Section 7.2 of this Act.
22    "Near fatality" means an act that, as certified by a
23physician, places the child in serious or critical condition,
24including acts of great bodily harm inflicted upon children
25under 13 years of age, and as otherwise defined by Department
26rule.

 

 

HB0003- 25 -LRB103 03564 CPF 48570 b

1    "Great bodily harm" includes bodily injury which creates a
2high probability of death, or which causes serious permanent
3disfigurement, or which causes a permanent or protracted loss
4or impairment of the function of any bodily member or organ, or
5other serious bodily harm.
6    "Person responsible for the child's welfare" means the
7child's parent; guardian; foster parent; relative caregiver;
8any person responsible for the child's welfare in a public or
9private residential agency or institution; any person
10responsible for the child's welfare within a public or private
11profit or not for profit child care facility; or any other
12person responsible for the child's welfare at the time of the
13alleged abuse or neglect, including any person who commits or
14allows to be committed, against the child, the offense of
15involuntary servitude, involuntary sexual servitude of a
16minor, or trafficking in persons for forced labor or services,
17as provided in Section 10-9 of the Criminal Code of 2012,
18including, but not limited to, the custodian of the minor, or
19any person who came to know the child through an official
20capacity or position of trust, including, but not limited to,
21health care professionals, educational personnel, recreational
22supervisors, members of the clergy, and volunteers or support
23personnel in any setting where children may be subject to
24abuse or neglect.
25    "Temporary protective custody" means custody within a
26hospital or other medical facility or a place previously

 

 

HB0003- 26 -LRB103 03564 CPF 48570 b

1designated for such custody by the Department, subject to
2review by the Court, including a licensed foster home, group
3home, or other institution; but such place shall not be a jail
4or other place for the detention of criminal or juvenile
5offenders.
6    "An unfounded report" means any report made under this Act
7for which it is determined after an investigation that no
8credible evidence of abuse or neglect exists.
9    "An indicated report" means a report made under this Act
10if an investigation determines that credible evidence of the
11alleged abuse or neglect exists.
12    "An undetermined report" means any report made under this
13Act in which it was not possible to initiate or complete an
14investigation on the basis of information provided to the
15Department.
16    "Subject of report" means any child reported to the
17central register of child abuse and neglect established under
18Section 7.7 of this Act as an alleged victim of child abuse or
19neglect and the parent or guardian of the alleged victim or
20other person responsible for the alleged victim's welfare who
21is named in the report or added to the report as an alleged
22perpetrator of child abuse or neglect.
23    "Perpetrator" means a person who, as a result of
24investigation, has been determined by the Department to have
25caused child abuse or neglect.
26    "Member of the clergy" means a clergyman or practitioner

 

 

HB0003- 27 -LRB103 03564 CPF 48570 b

1of any religious denomination accredited by the religious body
2to which he or she belongs.
3(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
4102-813, eff. 5-13-22.)
 
5    (325 ILCS 5/3.5 new)
6    Sec. 3.5. CAPTA notification. The Department shall develop
7a standardized CAPTA notification form that is separate and
8distinct from the form for written confirmation reports of
9child abuse or neglect as described in Section 7 of this Act. A
10CAPTA notification shall not be treated as a report of
11suspected child abuse or neglect under this Act. CAPTA
12notifications shall not be recorded in the State Central
13Registry and shall not be discoverable or admissible as
14evidence in any proceeding pursuant to the Juvenile Court Act
15of 1987 or the Adoption Act unless the named party waives his
16or her right to confidentiality in writing.
 
17    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
18    Sec. 5. An officer of a local law enforcement agency,
19designated employee of the Department, or a physician treating
20a child may take or retain temporary protective custody of the
21child without the consent of the person responsible for the
22child's welfare, if (1) he has reason to believe that there
23exists a substantial and imminent risk of death, serious
24illness, or severe personal injury to the child if he or she is

 

 

HB0003- 28 -LRB103 03564 CPF 48570 b

1not immediately removed from his or her the child cannot be
2cared for at home or from in the custody of the person
3responsible for the child's welfare without endangering the
4child's health or safety; and (2) there is not time to apply
5for a court order under the Juvenile Court Act of 1987 for
6temporary custody of the child. The person taking or retaining
7a child in temporary protective custody shall immediately make
8every reasonable effort to notify the person responsible for
9the child's welfare and shall immediately notify the
10Department. The Department shall provide to the temporary
11caretaker of a child any information in the Department's
12possession concerning the positive results of a test performed
13on the child to determine the presence of the antibody or
14antigen to Human Immunodeficiency Virus (HIV), or of HIV
15infection, as well as any communicable diseases or
16communicable infections that the child has. The temporary
17caretaker of a child shall not disclose to another person any
18information received by the temporary caretaker from the
19Department concerning the results of a test performed on the
20child to determine the presence of the antibody or antigen to
21HIV, or of HIV infection, except pursuant to Section 9 of the
22AIDS Confidentiality Act, as now or hereafter amended. The
23Department shall promptly initiate proceedings under the
24Juvenile Court Act of 1987 for the continued temporary custody
25of the child.
26    Where the physician keeping a child in his custody does so

 

 

HB0003- 29 -LRB103 03564 CPF 48570 b

1in his capacity as a member of the staff of a hospital or
2similar institution, he shall notify the person in charge of
3the institution or his designated agent, who shall then become
4responsible for the further care of such child in the hospital
5or similar institution under the direction of the Department.
6    Said care includes, but is not limited to the granting of
7permission to perform emergency medical treatment to a minor
8where the treatment itself does not involve a substantial risk
9of harm to the minor and the failure to render such treatment
10will likely result in death or permanent harm to the minor, and
11there is not time to apply for a court order under the Juvenile
12Court Act of 1987.
13    Any person authorized and acting in good faith in the
14removal of a child under this Section shall have immunity from
15any liability, civil or criminal that might otherwise be
16incurred or imposed as a result of such removal. Any physician
17authorized and acting in good faith and in accordance with
18acceptable medical practice in the treatment of a child under
19this Section shall have immunity from any liability, civil or
20criminal, that might otherwise be incurred or imposed as a
21result of granting permission for emergency treatment.
22    With respect to any child taken into temporary protective
23custody pursuant to this Section, the Department of Children
24and Family Services Guardianship Administrator or his designee
25shall be deemed the child's legally authorized representative
26for purposes of consenting to an HIV test if deemed necessary

 

 

HB0003- 30 -LRB103 03564 CPF 48570 b

1and appropriate by the Department's Guardianship Administrator
2or designee and obtaining and disclosing information
3concerning such test pursuant to the AIDS Confidentiality Act
4if deemed necessary and appropriate by the Department's
5Guardianship Administrator or designee and for purposes of
6consenting to the release of information pursuant to the
7Illinois Sexually Transmissible Disease Control Act if deemed
8necessary and appropriate by the Department's Guardianship
9Administrator or designee.
10    Any person who administers an HIV test upon the consent of
11the Department of Children and Family Services Guardianship
12Administrator or his designee, or who discloses the results of
13such tests to the Department's Guardianship Administrator or
14his designee, shall have immunity from any liability, civil,
15criminal or otherwise, that might result by reason of such
16actions. For the purpose of any proceedings, civil or
17criminal, the good faith of any persons required to administer
18or disclose the results of tests, or permitted to take such
19actions, shall be presumed.
20(Source: P.A. 90-28, eff. 1-1-98.)
 
21    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
22    Sec. 7.3. (a) The Department shall be the sole agency
23responsible for receiving and investigating reports of child
24abuse or neglect made under this Act, including reports of
25adult resident abuse or neglect as defined in this Act, except

 

 

HB0003- 31 -LRB103 03564 CPF 48570 b

1where investigations by other agencies may be required with
2respect to reports alleging the abuse or neglect of a child by
3a person who is not the child's parent, a member of the child's
4immediate family, a person responsible for the child's
5welfare, an individual residing in the same home as the child,
6or a paramour of the child's parent, the death of a child,
7serious injury to a child or sexual abuse to a child made
8pursuant to Sections 4.1 or 7 of this Act, and except that the
9Department may delegate the performance of the investigation
10to the Illinois State Police, a law enforcement agency and to
11those private social service agencies which have been
12designated for this purpose by the Department prior to July 1,
131980.
14    (b) Notwithstanding any other provision of this Act, the
15Department shall adopt rules expressly allowing law
16enforcement personnel to investigate reports of suspected
17child abuse or neglect concurrently with the Department,
18without regard to whether the Department determines a report
19to be "indicated" or "unfounded" or deems a report to be
20"undetermined".
21    (b-1) It shall be unlawful for any person described in
22paragraphs (1), (2), (3), and (10) of subsection (a) of
23Section 4 to disclose to the Department or to any law
24enforcement agency the results of:
25        (1) any verbal screening questions concerning drug or
26    alcohol use of a pregnant or postpartum person;

 

 

HB0003- 32 -LRB103 03564 CPF 48570 b

1        (2) any toxicology test administered to a person who
2    is pregnant or has given birth within the 12 weeks prior to
3    the administration of the toxicology test; or
4        (3) any toxicology test administered to a newborn.
5    A mandated reporter described in this subsection shall not
6disclose a patient or client's confidential information
7described under paragraphs (1), (2), or (3) to a law
8enforcement agency or to the Department unless a law
9enforcement agency has successfully obtained and furnished a
10search warrant issued under Section 108-3 of the Code of
11Criminal Procedure of 1963.
12    Any person who knowingly and willfully violates any
13provision of this Section is guilty of a Class A misdemeanor
14for a first violation and a Class 4 felony for a second or
15subsequent violation.
16    (c) By June 1, 2016, the Department shall adopt rules that
17address and set forth criteria and standards relevant to
18investigations of reports of abuse or neglect committed by any
19agency, as defined in Section 3 of this Act, or person working
20for an agency responsible for the welfare of a child or adult
21resident.
22(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
23    (325 ILCS 5/4.4 rep.)
24    Section 35. The Abused and Neglected Child Reporting Act
25is amended by repealing Section 4.4.
 

 

 

HB0003- 33 -LRB103 03564 CPF 48570 b

1    Section 40. The Medical Patient Rights Act is amended by
2changing Section 3.4 and by adding Section 3.5 as follows:
 
3    (410 ILCS 50/3.4)
4    Sec. 3.4. Rights of women; pregnancy and childbirth.
5    (a) In addition to any other right provided under this
6Act, every woman has the following rights with regard to
7pregnancy 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 her and her infant
11    that is consistent with WHO recommendations on newborn
12    health: guidelines approved by the WHO Guidelines Review
13    Committee (WHO reference number WHO/MCA/17.07) and WHO
14    recommendations on maternal health: guidelines approved by
15    the WHO Guidelines Review Committee (WHO reference number
16    WHO/MCA/17.10) or the successors to those WHO
17    recommendations generally accepted medical standards.
18        (3) The right to choose a certified nurse midwife,
19    licensed certified professional midwife, or physician as
20    her maternity care professional.
21        (4) The right to choose her birth setting from the
22    full range of birthing options available in her community.
23        (5) The right to leave her maternity care provider
24    professional and select another if she becomes

 

 

HB0003- 34 -LRB103 03564 CPF 48570 b

1    dissatisfied with her care, except as otherwise provided
2    by law.
3        (6) The right to receive information about the names
4    of those health care professionals involved in her care.
5        (7) The right to privacy and confidentiality of
6    records, except as provided by law.
7        (8) The right to receive information concerning her
8    condition and proposed treatment, including methods of
9    relieving pain.
10        (9) The right to accept or refuse any treatment, to
11    the extent medically possible.
12        (10) The right to be informed if her caregivers wish
13    to enroll her or her infant in a research study in
14    accordance with Section 3.1 of this Act.
15        (11) The right to access her medical records in
16    accordance with Section 8-2001 of the Code of Civil
17    Procedure.
18        (12) The right to receive information in a language in
19    which she can communicate in accordance with federal law.
20        (13) The right to receive emotional and physical
21    support during labor and birth.
22        (14) The right to freedom of movement during labor and
23    to give birth in the position of her choice, within
24    generally accepted medical standards.
25        (15) The right to contact with her newborn, except
26    where necessary care must be provided to the mother or

 

 

HB0003- 35 -LRB103 03564 CPF 48570 b

1    infant.
2        (16) The right to receive information about
3    breastfeeding.
4        (17) The right to decide collaboratively with
5    caregivers when she and her newborn baby will leave the
6    birth site for home, based on their conditions and
7    circumstances.
8        (18) The right to be treated with respect at all times
9    before, during, and after pregnancy by her and her
10    newborn's health care professionals.
11        (19) The right of each patient, regardless of source
12    of payment, to examine and receive a reasonable
13    explanation of her total bill for services rendered by her
14    maternity care professional or health care provider,
15    including itemized charges for specific services received.
16    Each maternity care professional or health care provider
17    shall be responsible only for a reasonable explanation of
18    those specific services provided by the maternity care
19    professional or health care provider.
20    (b) The Department of Public Health, Department of
21Healthcare and Family Services, Department of Children and
22Family Services, and Department of Human Services shall post,
23either by physical or electronic means, information about
24these rights on their publicly available websites. Every
25health care provider, day care center licensed under the Child
26Care Act of 1969, Head Start, and community center shall post

 

 

HB0003- 36 -LRB103 03564 CPF 48570 b

1information about these rights in a prominent place and on
2their websites, if applicable.
3    (c) The Department of Public Health shall adopt rules to
4implement this Section.
5    (d) Nothing in this Section or any rules adopted under
6subsection (c) shall be construed to require a physician,
7health care professional, hospital, hospital affiliate, or
8health care provider to provide care inconsistent with
9generally accepted medical standards or available capabilities
10or resources.
11(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 
12    (410 ILCS 50/3.5 new)
13    Sec. 3.5. Disclosure of medical information.
14    (a) Notwithstanding any other provision of law, and except
15as otherwise provided under this subsection, a patient has the
16right for a physician, health care provider, health services
17corporation, or insurance company to administer any of the
18following medical tests without disclosing the results of the
19test to a State or local law enforcement agency or to the
20Department of Children and Family Services:
21        (1) Any verbal screening or questioning concerning the
22    drug or alcohol use of a pregnant or postpartum person.
23        (2) Any toxicology test administered to a person who
24    is pregnant or has given birth within the previous 12
25    weeks.

 

 

HB0003- 37 -LRB103 03564 CPF 48570 b

1        (3) Any toxicology test administered to a newborn.
2    A physician, health care provider, health services
3corporation, or insurance company who administers a medical
4test described under paragraph (1), (2), or (3) may disclose
5the results of the test to a law enforcement agency or to the
6Department of Children and Family Services if a law
7enforcement agency has successfully obtained and furnished a
8search warrant issued under Section 108-3 of the Code of
9Criminal Procedure of 1963.
10    (b) A health care provider shall not disclose any private
11information regarding a patient's reproductive health care to
12any out-of-state law enforcement person or entity unless
13disclosure of the information has been authorized pursuant to
14a State or federal court order.
15    (c) The rights described under this Section are granted to
16any person who is capable of becoming pregnant and who seeks
17reproductive health care within the borders of Illinois.
18    (d) Any person who knowingly and willfully violates any
19provision of this Section is guilty of a Class A misdemeanor
20for a first violation and a Class 4 felony for a second or
21subsequent violation.
22    (e) In this Section, "reproductive health care" has the
23same meaning as provided in Section 1-10 of the Reproductive
24Health Act.
 
25    Section 45. The Illinois Health and Hazardous Substances

 

 

HB0003- 38 -LRB103 03564 CPF 48570 b

1Registry Act is amended by changing Section 3 as follows:
 
2    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
3    Sec. 3. For the purposes of this Act, unless the context
4requires otherwise:
5    (a) "Department" means the Illinois Department of Public
6Health.
7    (b) "Director" means the Director of the Illinois
8Department of Public Health.
9    (c) "Council" means the Health and Hazardous Substances
10Coordinating Council created by this Act.
11    (d) "Registry" means the Illinois Health and Hazardous
12Substances Registry established by the Department of Public
13Health under Section 6 of this Act.
14    (e) "Cancer" means all malignant neoplasms, regardless of
15the tissue of origin, including malignant lymphoma and
16leukemia.
17    (f) "Cancer incidence" means a medical diagnosis of
18cancer, consisting of a record of cases of cancer and
19specified cases of tumorous or precancerous diseases which
20occur in Illinois, and such other information concerning these
21cases as the Department deems necessary or appropriate in
22order to conduct thorough and complete epidemiological surveys
23of cancer and cancer-related diseases in Illinois.
24    (g) "Occupational disease" includes but is not limited to
25all occupational diseases covered by the Workers' Occupational

 

 

HB0003- 39 -LRB103 03564 CPF 48570 b

1Diseases Act.
2    (h) "Hazardous substances" means a hazardous substance as
3defined in the Environmental Protection Act.
4    (i) "Hazardous substances incident" includes but is not
5limited to a spill, fire, or accident involving hazardous
6substances, illegal disposal, transportation, or use of
7hazardous substances, and complaints or permit violations
8involving hazardous substances.
9    (j) "Company profile" includes but is not limited to the
10name of any company operating in the State of Illinois which
11generates, uses, disposes of or transports hazardous
12substances, identification of the types of permits issued in
13such company's name relating to transactions involving
14hazardous substances, inventory of hazardous substances
15handled by such company, and the manner in which such
16hazardous substances are used, disposed of, or transported by
17the company.
18    (k)  "Hazardous nuclear material" means (1) any source or
19special nuclear material intended for use or used as an energy
20source in a production or utilization facility as defined in
21Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
22as amended; (2) any fuel which has been discharged from such a
23facility following irradiation, the constituent elements of
24which have not been separated by reprocessing; or (3) any
25by-product material resulting from operation of such a
26facility.

 

 

HB0003- 40 -LRB103 03564 CPF 48570 b

1    (l) "Adverse pregnancy outcome" includes, but is not
2limited to, birth defects, spontaneous fetal death after 20
3weeks of completed gestation fetal loss, infant mortality, low
4birth weight, neonatal abstinence syndrome, newborn affected
5by prenatal substance exposure, fetal alcohol spectrum
6disorders, selected life-threatening conditions, and other
7developmental disabilities as defined by the Department.
8    "Neonatal abstinence syndrome" refers to the collection of
9signs and symptoms that occur when a newborn prenatally
10exposed to prescribed, diverted, or illicit opiates
11experiences opioid withdrawal. This syndrome is primarily
12characterized by irritability, tremors, feeding problems,
13vomiting, diarrhea, sweating, and in some cases, seizures.
14    "Newborn affected by prenatal substance exposure" means an
15infant born and identified as being affected by substance
16abuse or withdrawal symptoms resulting from prenatal exposure
17to controlled substances or a fetal alcohol spectrum disorder.
18The healthcare provider involved in the delivery or care of
19the newborn determines whether the infant is affected by
20prenatal substance exposure or withdrawal symptoms.
21    (m) "News medium" means any newspaper or other periodical
22issued at regular intervals, whether in print or electronic
23format, and having a general circulation; a news service,
24whether in print or electronic format; a radio station, a
25television station; a television network; a community antenna
26television service; and any person or corporation engaged in

 

 

HB0003- 41 -LRB103 03564 CPF 48570 b

1the making of news reels or other motion picture news for
2public showing.
3    (n) "Researcher" means an individual who is affiliated
4with or supported by universities, academic centers, research
5institutions, hospitals, and governmental entities who conduct
6scientific research or investigation on human diseases.
7(Source: P.A. 95-941, eff. 8-29-08.)
 
8    Section 50. The Vital Records Act is amended by changing
9Sections 20 and 20.5 as follows:
 
10    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
11    Sec. 20. Fetal death; place of registration.
12    (1) Each fetal death which occurs in this State after a
13gestation period of 20 completed weeks (or and when the mother
14elects in writing to arrange for the burial or cremation of the
15fetus under Section 11.4 of the Hospital Licensing Act) or
16more shall be registered with the local or subregistrar of the
17district in which the delivery occurred within 7 days after
18the delivery and before removal of the fetus from the State,
19except as provided by regulation in special problem cases.
20        (a) For the purposes of this Section, if the place of
21    fetal death is unknown, a fetal death certificate shall be
22    filed in the registration district in which a dead fetus
23    is found, which shall be considered the place of fetal
24    death.

 

 

HB0003- 42 -LRB103 03564 CPF 48570 b

1        (b) When a fetal death occurs on a moving conveyance,
2    the city, village, township, or road district in which the
3    fetus is first removed from the conveyance shall be
4    considered the place of delivery and a fetal death
5    certificate shall be filed in the registration district in
6    which the place is located.
7        (c) The funeral director or person acting as such who
8    first assumes custody of a fetus shall file the
9    certificate. The personal data shall be obtained from the
10    best qualified person or source available. The name,
11    relationship, and address of the informant shall be
12    entered on the certificate. The date, place, and method of
13    final disposition of the fetus shall be recorded over the
14    personal signature and address of the funeral director
15    responsible for the disposition. The certificate shall be
16    presented to the person responsible for completing the
17    medical certification of the cause of death.
18    (2) The medical certification shall be completed and
19signed within 24 hours after delivery by the certifying health
20care professional in attendance at or after delivery, except
21when investigation is required under Division 3-3 of Article 3
22of the Counties Code and except as provided by regulation in
23special problem cases.
24    (3) When a fetal death occurs without medical attendance
25upon the mother at or after the delivery, or when
26investigation is required under Division 3-3 of Article 3 of

 

 

HB0003- 43 -LRB103 03564 CPF 48570 b

1the Counties Code, the coroner shall be responsible for the
2completion of the fetal death certificate and shall sign the
3medical certification within 24 hours after the delivery or
4the finding of the fetus, except as provided by regulation in
5special problem cases.
6(Source: P.A. 102-257, eff. 1-1-22.)
 
7    (410 ILCS 535/20.5)
8    Sec. 20.5. Certificate of birth resulting in stillbirth.
9    (a) The State Registrar shall prescribe and distribute a
10form for a certificate of birth resulting in stillbirth. The
11certificate shall be in the same format as a certificate of
12live birth prepared under Section 12 and shall be filed in the
13same manner as a certificate of live birth.
14    (b) After each fetal death that occurs in this State after
15a gestation period of at least 20 26 completed weeks, or, in
16cases where gestational age is uncertain, where the fetus
17weighs at least 350 grams, the person who files a fetal death
18certificate in connection with that death as required under
19Section 20 shall, only upon request by the parent woman who
20delivered the stillborn fetus, also prepare a certificate of
21birth resulting in stillbirth. The person shall prepare the
22certificate on the form prescribed and furnished by the State
23Registrar and in accordance with the rules adopted by the
24State Registrar.
25    (b-5) A person who files a fetal death certificate as

 

 

HB0003- 44 -LRB103 03564 CPF 48570 b

1described under subsection (b) shall notify the gestational
2parent of the stillborn of that parent's right to request and
3receive a certificate of birth resulting in stillbirth under
4subsection (b). The Department shall develop forms for
5notification under this subsection. This form shall be titled
6and known as a "Liam's Law notice."
7    (c) If the stillborn's parent or parents do not wish to
8provide a name for the stillborn, the person who prepares the
9certificate of birth resulting in stillbirth shall leave blank
10any references to the stillborn's name.
11    (d) When a stillbirth occurs in this State and the
12stillbirth has not been registered within one year after the
13delivery, a certificate marked "delayed" may be filed and
14registered in accordance with regulations adopted by the State
15Registrar. The certificate must show on its face the date of
16registration.
17    (e) In the case of a fetal death that occurred in this
18State after a gestation period of at least 20 26 completed
19weeks or, in cases where gestational age is uncertain, where
20the fetus weighs at least 350 grams, and before the effective
21date of this amendatory Act of the 103rd General Assembly this
22amendatory Act of the 93rd General Assembly, a parent of the
23stillborn child may request that the person who filed a fetal
24death certificate in connection with that death as required
25under Section 20 shall also prepare a certificate of birth
26resulting in stillbirth with respect to the fetus. If a parent

 

 

HB0003- 45 -LRB103 03564 CPF 48570 b

1of a stillborn makes such a request under this subsection (e),
2the person who filed a fetal death certificate shall prepare
3the certificate of birth resulting in stillbirth and file it
4with the designated registrar within 30 days after the request
5by the parent.
6(Source: P.A. 93-578, eff. 8-21-03.)
 
7    Section 55. The Juvenile Court Act of 1987 is amended by
8changing Sections 2-3 and 2-18 as follows:
 
9    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
10    Sec. 2-3. Neglected or abused minor.
11    (1) Those who are neglected include:
12        (a) any minor under 18 years of age or a minor 18 years
13    of age or older for whom the court has made a finding of
14    probable cause to believe that the minor is abused,
15    neglected, or dependent under subsection (1) of Section
16    2-10 prior to the minor's 18th birthday who is not
17    receiving the proper or necessary support, education as
18    required by law, or medical or other remedial care
19    recognized under State law as necessary for a minor's
20    well-being, or other care necessary for his or her
21    well-being, including adequate food, clothing and shelter,
22    or who is abandoned by his or her parent or parents or
23    other person or persons responsible for the minor's
24    welfare, except that a minor shall not be considered

 

 

HB0003- 46 -LRB103 03564 CPF 48570 b

1    neglected for the sole reason that the minor's parent or
2    parents or other person or persons responsible for the
3    minor's welfare have left the minor in the care of an adult
4    relative for any period of time, who the parent or parents
5    or other person responsible for the minor's welfare know
6    is both a mentally capable adult relative and physically
7    capable adult relative, as defined by this Act; or
8        (b) any minor under 18 years of age or a minor 18 years
9    of age or older for whom the court has made a finding of
10    probable cause to believe that the minor is abused,
11    neglected, or dependent under subsection (1) of Section
12    2-10 prior to the minor's 18th birthday whose environment
13    is injurious to his or her welfare; or
14        (c) (blank); or any newborn infant whose blood, urine,
15    or meconium contains any amount of a controlled substance
16    as defined in subsection (f) of Section 102 of the
17    Illinois Controlled Substances Act, as now or hereafter
18    amended, or a metabolite of a controlled substance, with
19    the exception of controlled substances or metabolites of
20    such substances, the presence of which in the newborn
21    infant is the result of medical treatment administered to
22    the mother or the newborn infant; or
23        (d) any minor under the age of 14 years whose parent or
24    other person responsible for the minor's welfare leaves
25    the minor without supervision for an unreasonable period
26    of time without regard for the mental or physical health,

 

 

HB0003- 47 -LRB103 03564 CPF 48570 b

1    safety, or welfare of that minor; or
2        (e) any minor who has been provided with interim
3    crisis intervention services under Section 3-5 of this Act
4    and whose parent, guardian, or custodian refuses to permit
5    the minor to return home unless the minor is an immediate
6    physical danger to himself, herself, or others living in
7    the home.
8    Whether the minor was left without regard for the mental
9or physical health, safety, or welfare of that minor or the
10period of time was unreasonable shall be determined by
11considering the following factors, including but not limited
12to:
13        (1) the age of the minor;
14        (2) the number of minors left at the location;
15        (3) special needs of the minor, including whether the
16    minor is a person with a physical or mental disability, or
17    otherwise in need of ongoing prescribed medical treatment
18    such as periodic doses of insulin or other medications;
19        (4) the duration of time in which the minor was left
20    without supervision;
21        (5) the condition and location of the place where the
22    minor was left without supervision;
23        (6) the time of day or night when the minor was left
24    without supervision;
25        (7) the weather conditions, including whether the
26    minor was left in a location with adequate protection from

 

 

HB0003- 48 -LRB103 03564 CPF 48570 b

1    the natural elements such as adequate heat or light;
2        (8) the location of the parent or guardian at the time
3    the minor was left without supervision, the physical
4    distance the minor was from the parent or guardian at the
5    time the minor was without supervision;
6        (9) whether the minor's movement was restricted, or
7    the minor was otherwise locked within a room or other
8    structure;
9        (10) whether the minor was given a phone number of a
10    person or location to call in the event of an emergency and
11    whether the minor was capable of making an emergency call;
12        (11) whether there was food and other provision left
13    for the minor;
14        (12) whether any of the conduct is attributable to
15    economic hardship or illness and the parent, guardian or
16    other person having physical custody or control of the
17    child made a good faith effort to provide for the health
18    and safety of the minor;
19        (13) the age and physical and mental capabilities of
20    the person or persons who provided supervision for the
21    minor;
22        (14) whether the minor was left under the supervision
23    of another person;
24        (15) any other factor that would endanger the health
25    and safety of that particular minor.
26    A minor shall not be considered neglected for the sole

 

 

HB0003- 49 -LRB103 03564 CPF 48570 b

1reason that the minor has been relinquished in accordance with
2the Abandoned Newborn Infant Protection Act.
3    (2) Those who are abused include any minor under 18 years
4of age or a minor 18 years of age or older for whom the court
5has made a finding of probable cause to believe that the minor
6is abused, neglected, or dependent under subsection (1) of
7Section 2-10 prior to the minor's 18th birthday whose parent
8or immediate family member, or any person responsible for the
9minor's welfare, or any person who is in the same family or
10household as the minor, or any individual residing in the same
11home as the minor, or a paramour of the minor's parent:
12        (i) inflicts, causes to be inflicted, or allows to be
13    inflicted upon such minor physical injury, by other than
14    accidental means, which causes death, disfigurement,
15    impairment of physical or emotional health, or loss or
16    impairment of any bodily function;
17        (ii) creates a substantial risk of physical injury to
18    such minor by other than accidental means which would be
19    likely to cause death, disfigurement, impairment of
20    emotional health, or loss or impairment of any bodily
21    function;
22        (iii) commits or allows to be committed any sex
23    offense against such minor, as such sex offenses are
24    defined in the Criminal Code of 1961 or the Criminal Code
25    of 2012, or in the Wrongs to Children Act, and extending
26    those definitions of sex offenses to include minors under

 

 

HB0003- 50 -LRB103 03564 CPF 48570 b

1    18 years of age;
2        (iv) commits or allows to be committed an act or acts
3    of torture upon such minor;
4        (v) inflicts excessive corporal punishment;
5        (vi) commits or allows to be committed the offense of
6    involuntary servitude, involuntary sexual servitude of a
7    minor, or trafficking in persons as defined in Section
8    10-9 of the Criminal Code of 1961 or the Criminal Code of
9    2012, upon such minor; or
10        (vii) allows, encourages or requires a minor to commit
11    any act of prostitution, as defined in the Criminal Code
12    of 1961 or the Criminal Code of 2012, and extending those
13    definitions to include minors under 18 years of age.
14    A minor shall not be considered abused for the sole reason
15that the minor has been relinquished in accordance with the
16Abandoned Newborn Infant Protection Act.
17    (3) This Section does not apply to a minor who would be
18included herein solely for the purpose of qualifying for
19financial assistance for himself, his parents, guardian or
20custodian.
21    (4) The changes made by this amendatory Act of the 101st
22General Assembly apply to a case that is pending on or after
23the effective date of this amendatory Act of the 101st General
24Assembly.
25(Source: P.A. 101-79, eff. 7-12-19.)
 

 

 

HB0003- 51 -LRB103 03564 CPF 48570 b

1    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
2    Sec. 2-18. Evidence.
3    (1) At the adjudicatory hearing, the court shall first
4consider only the question whether the minor is abused,
5neglected or dependent. The standard of proof and the rules of
6evidence in the nature of civil proceedings in this State are
7applicable to proceedings under this Article. If the petition
8also seeks the appointment of a guardian of the person with
9power to consent to adoption of the minor under Section 2-29,
10the court may also consider legally admissible evidence at the
11adjudicatory hearing that one or more grounds of unfitness
12exists under subdivision D of Section 1 of the Adoption Act.
13    (2) In any hearing under this Act, the following shall
14constitute prima facie evidence of abuse or neglect, as the
15case may be:
16        (a) proof that a minor has a medical diagnosis of
17    battered child syndrome is prima facie evidence of abuse;
18        (b) (blank); proof that a minor has a medical
19    diagnosis of failure to thrive syndrome is prima facie
20    evidence of neglect;
21        (c) (blank); proof that a minor has a medical
22    diagnosis of fetal alcohol syndrome is prima facie
23    evidence of neglect;
24        (d) (blank); proof that a minor has a medical
25    diagnosis at birth of withdrawal symptoms from narcotics
26    or barbiturates is prima facie evidence of neglect;

 

 

HB0003- 52 -LRB103 03564 CPF 48570 b

1        (e) proof of injuries sustained by a minor or of the
2    condition of a minor of such a nature as would ordinarily
3    not be sustained or exist except by reason of the acts or
4    omissions of the parent, custodian or guardian of such
5    minor shall be prima facie evidence of abuse or neglect,
6    as the case may be;
7        (f) proof that a parent, custodian or guardian of a
8    minor repeatedly used a drug, to the extent that it has or
9    would ordinarily have the effect of producing in the user
10    a substantial state of stupor, unconsciousness,
11    intoxication, hallucination, disorientation or
12    incompetence, or a substantial impairment of judgment, or
13    a substantial manifestation of irrationality, shall be
14    prima facie evidence of neglect;
15        (g) (blank); proof that a parent, custodian, or
16    guardian of a minor repeatedly used a controlled
17    substance, as defined in subsection (f) of Section 102 of
18    the Illinois Controlled Substances Act, in the presence of
19    the minor or a sibling of the minor is prima facie evidence
20    of neglect. "Repeated use", for the purpose of this
21    subsection, means more than one use of a controlled
22    substance as defined in subsection (f) of Section 102 of
23    the Illinois Controlled Substances Act;
24        (h) (blank); proof that a newborn infant's blood,
25    urine, or meconium contains any amount of a controlled
26    substance as defined in subsection (f) of Section 102 of

 

 

HB0003- 53 -LRB103 03564 CPF 48570 b

1    the Illinois Controlled Substances Act, or a metabolite of
2    a controlled substance, with the exception of controlled
3    substances or metabolites of those substances, the
4    presence of which is the result of medical treatment
5    administered to the mother or the newborn, is prime facie
6    evidence of neglect;
7        (i) proof that a minor was present in a structure or
8    vehicle in which the minor's parent, custodian, or
9    guardian was involved in the manufacture of
10    methamphetamine constitutes prima facie evidence of abuse
11    and neglect;
12        (j) proof that a parent, custodian, or guardian of a
13    minor allows, encourages, or requires a minor to perform,
14    offer, or agree to perform any act of sexual penetration
15    as defined in Section 11-0.1 of the Criminal Code of 2012
16    for any money, property, token, object, or article or
17    anything of value, or any touching or fondling of the sex
18    organs of one person by another person, for any money,
19    property, token, object, or article or anything of value,
20    for the purpose of sexual arousal or gratification,
21    constitutes prima facie evidence of abuse and neglect;
22        (k) proof that a parent, custodian, or guardian of a
23    minor commits or allows to be committed the offense of
24    involuntary servitude, involuntary sexual servitude of a
25    minor, or trafficking in persons as defined in Section
26    10-9 of the Criminal Code of 1961 or the Criminal Code of

 

 

HB0003- 54 -LRB103 03564 CPF 48570 b

1    2012, upon such minor, constitutes prima facie evidence of
2    abuse and neglect.
3    (3) In any hearing under this Act, proof of the abuse,
4neglect or dependency of one minor shall be admissible
5evidence on the issue of the abuse, neglect or dependency of
6any other minor for whom the respondent is responsible.
7    (4) (a) Any writing, record, photograph or x-ray of any
8hospital or public or private agency, whether in the form of an
9entry in a book or otherwise, made as a memorandum or record of
10any condition, act, transaction, occurrence or event relating
11to a minor in an abuse, neglect or dependency proceeding,
12shall be admissible in evidence as proof of that condition,
13act, transaction, occurrence or event, if the court finds that
14the document was made in the regular course of the business of
15the hospital or agency and that it was in the regular course of
16such business to make it, at the time of the act, transaction,
17occurrence or event, or within a reasonable time thereafter. A
18certification by the head or responsible employee of the
19hospital or agency that the writing, record, photograph or
20x-ray is the full and complete record of the condition, act,
21transaction, occurrence or event and that it satisfies the
22conditions of this paragraph shall be prima facie evidence of
23the facts contained in such certification. A certification by
24someone other than the head of the hospital or agency shall be
25accompanied by a photocopy of a delegation of authority signed
26by both the head of the hospital or agency and by such other

 

 

HB0003- 55 -LRB103 03564 CPF 48570 b

1employee. All other circumstances of the making of the
2memorandum, record, photograph or x-ray, including lack of
3personal knowledge of the maker, may be proved to affect the
4weight to be accorded such evidence, but shall not affect its
5admissibility.
6    (b) Any indicated report filed pursuant to the Abused and
7Neglected Child Reporting Act shall be admissible in evidence.
8    (c) Previous statements made by the minor relating to any
9allegations of abuse or neglect shall be admissible in
10evidence. However, no such statement, if uncorroborated and
11not subject to cross-examination, shall be sufficient in
12itself to support a finding of abuse or neglect.
13    (d) There shall be a rebuttable presumption that a minor
14is competent to testify in abuse or neglect proceedings. The
15court shall determine how much weight to give to the minor's
16testimony, and may allow the minor to testify in chambers with
17only the court, the court reporter and attorneys for the
18parties present.
19    (e) The privileged character of communication between any
20professional person and patient or client, except privilege
21between attorney and client, shall not apply to proceedings
22subject to this Article.
23    (f) Proof of the impairment of emotional health or
24impairment of mental or emotional condition as a result of the
25failure of the respondent to exercise a minimum degree of care
26toward a minor may include competent opinion or expert

 

 

HB0003- 56 -LRB103 03564 CPF 48570 b

1testimony, and may include proof that such impairment lessened
2during a period when the minor was in the care, custody or
3supervision of a person or agency other than the respondent.
4    (5) In any hearing under this Act alleging neglect for
5failure to provide education as required by law under
6subsection (1) of Section 2-3, proof that a minor under 13
7years of age who is subject to compulsory school attendance
8under the School Code is a chronic truant as defined under the
9School Code shall be prima facie evidence of neglect by the
10parent or guardian in any hearing under this Act and proof that
11a minor who is 13 years of age or older who is subject to
12compulsory school attendance under the School Code is a
13chronic truant shall raise a rebuttable presumption of neglect
14by the parent or guardian. This subsection (5) shall not apply
15in counties with 2,000,000 or more inhabitants.
16    (6) In any hearing under this Act, the court may take
17judicial notice of prior sworn testimony or evidence admitted
18in prior proceedings involving the same minor if (a) the
19parties were either represented by counsel at such prior
20proceedings or the right to counsel was knowingly waived and
21(b) the taking of judicial notice would not result in
22admitting hearsay evidence at a hearing where it would
23otherwise be prohibited.
24(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
2597-1150, eff. 1-25-13.)
 

 

 

HB0003- 57 -LRB103 03564 CPF 48570 b

1    Section 60. The Adoption Act is amended by changing
2Section 1 as follows:
 
3    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
4    Sec. 1. Definitions. When used in this Act, unless the
5context otherwise requires:
6    A. "Child" means a person under legal age subject to
7adoption under this Act.
8    B. "Related child" means a child subject to adoption where
9either or both of the adopting parents stands in any of the
10following relationships to the child by blood, marriage,
11adoption, or civil union: parent, grand-parent,
12great-grandparent, brother, sister, step-parent,
13step-grandparent, step-brother, step-sister, uncle, aunt,
14great-uncle, great-aunt, first cousin, or second cousin. A
15person is related to the child as a first cousin or second
16cousin if they are both related to the same ancestor as either
17grandchild or great-grandchild. A child whose parent has
18executed a consent to adoption, a surrender, or a waiver
19pursuant to Section 10 of this Act or whose parent has signed a
20denial of paternity pursuant to Section 12 of the Vital
21Records Act or Section 12a of this Act, or whose parent has had
22his or her parental rights terminated, is not a related child
23to that person, unless (1) the consent is determined to be void
24or is void pursuant to subsection O of Section 10 of this Act;
25or (2) the parent of the child executed a consent to adoption

 

 

HB0003- 58 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 59 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 60 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 61 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 62 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 63 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 64 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 65 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 66 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 67 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 68 -LRB103 03564 CPF 48570 b

1    Section 102 of the Illinois Controlled Substances Act, or
2    a metabolite of a controlled substance, with the exception
3    of controlled substances or metabolites of such
4    substances, the presence of which in the newborn infant
5    was the result of medical treatment administered to the
6    mother or the newborn infant, and that the biological
7    mother of this child is the biological mother of at least
8    one other child who was adjudicated a neglected minor
9    under subsection (c) of Section 2-3 of the Juvenile Court
10    Act of 1987, after which the biological mother had the
11    opportunity to enroll in and participate in a clinically
12    appropriate substance abuse counseling, treatment, and
13    rehabilitation program.
14    E. "Parent" means a person who is the legal mother or legal
15father of the child as defined in subsection X or Y of this
16Section. For the purpose of this Act, a parent who has executed
17a consent to adoption, a surrender, or a waiver pursuant to
18Section 10 of this Act, who has signed a Denial of Paternity
19pursuant to Section 12 of the Vital Records Act or Section 12a
20of this Act, or whose parental rights have been terminated by a
21court, is not a parent of the child who was the subject of the
22consent, surrender, waiver, or denial unless (1) the consent
23is void pursuant to subsection O of Section 10 of this Act; or
24(2) the person executed a consent to adoption by a specified
25person or persons pursuant to subsection A-1 of Section 10 of
26this Act and a court of competent jurisdiction finds that the

 

 

HB0003- 69 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 70 -LRB103 03564 CPF 48570 b

1    I. "Habitual residence" has the meaning ascribed to it in
2the federal Intercountry Adoption Act of 2000 and regulations
3promulgated thereunder.
4    J. "Immediate relatives" means the biological parents, the
5parents of the biological parents and siblings of the
6biological parents.
7    K. "Intercountry adoption" is a process by which a child
8from a country other than the United States is adopted by
9persons who are habitual residents of the United States, or
10the child is a habitual resident of the United States who is
11adopted by persons who are habitual residents of a country
12other than the United States.
13    L. (Blank).
14    M. "Interstate Compact on the Placement of Children" is a
15law enacted by all states and certain territories for the
16purpose of establishing uniform procedures for handling the
17interstate placement of children in foster homes, adoptive
18homes, or other child care facilities.
19    N. (Blank).
20    O. "Preadoption requirements" means any conditions or
21standards established by the laws or administrative rules of
22this State that must be met by a prospective adoptive parent
23prior to the placement of a child in an adoptive home.
24    P. "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

HB0003- 71 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 72 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 73 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 74 -LRB103 03564 CPF 48570 b

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

 

 

HB0003- 75 -LRB103 03564 CPF 48570 b

1    within 300 days prior to the time of birth; or
2        (5) because she is listed as the child's mother or
3    parent on the child's birth certificate unless she is
4    otherwise determined by an administrative or judicial
5    proceeding not to be the parent of the child.
6    The definition in this subsection Y shall not be construed
7to provide greater or lesser rights as to the number of parents
8who can be named on a final judgment order of adoption or
9Illinois birth certificate that otherwise exist under Illinois
10law.
11    Z. "Department" means the Illinois Department of Children
12and Family Services.
13    AA. "Placement disruption" means a circumstance where the
14child is removed from an adoptive placement before the
15adoption is finalized.
16    BB. "Secondary placement" means a placement, including but
17not limited to the placement of a youth in care as defined in
18Section 4d of the Children and Family Services Act, that
19occurs after a placement disruption or an adoption
20dissolution. "Secondary placement" does not mean secondary
21placements arising due to the death of the adoptive parent of
22the child.
23    CC. "Adoption dissolution" means a circumstance where the
24child is removed from an adoptive placement after the adoption
25is finalized.
26    DD. "Unregulated placement" means the secondary placement

 

 

HB0003- 76 -LRB103 03564 CPF 48570 b

1of a child that occurs without the oversight of the courts, the
2Department, or a licensed child welfare agency.
3    EE. "Post-placement and post-adoption support services"
4means support services for placed or adopted children and
5families that include, but are not limited to, mental health
6treatment, including counseling and other support services for
7emotional, behavioral, or developmental needs, and treatment
8for substance abuse.
9    FF. "Youth in care" has the meaning provided in Section 4d
10of the Children and Family Services Act.
11(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
12102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.

 

 

HB0003- 77 -LRB103 03564 CPF 48570 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 301/35-15 new
4    110 ILCS 932/10
5    210 ILCS 85/11.4
6    210 ILCS 85/11.9 new
7    210 ILCS 170/5
8    210 ILCS 170/65 new
9    225 ILCS 64/85
10    325 ILCS 5/3from Ch. 23, par. 2053
11    325 ILCS 5/3.5 new
12    325 ILCS 5/5from Ch. 23, par. 2055
13    325 ILCS 5/7.3from Ch. 23, par. 2057.3
14    325 ILCS 5/4.4 rep.
15    410 ILCS 50/3.4
16    410 ILCS 50/3.5 new
17    410 ILCS 525/3from Ch. 111 1/2, par. 6703
18    410 ILCS 535/20from Ch. 111 1/2, par. 73-20
19    410 ILCS 535/20.5
20    705 ILCS 405/2-3from Ch. 37, par. 802-3
21    705 ILCS 405/2-18from Ch. 37, par. 802-18
22    750 ILCS 50/1from Ch. 40, par. 1501