Full Text of SB1870 100th General Assembly
SB1870eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 3 as follows: | 6 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 7 | | Sec. 3. As used in this Act unless the context otherwise | 8 | | requires: | 9 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an adult | 14 | | resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under Section | 16 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 17 | | a transitional living program that accepts children and adult | 18 | | residents for placement who are in the guardianship of the | 19 | | Department. | 20 | | "Blatant disregard" means an incident where the real, | 21 | | significant, and imminent risk of harm would be so obvious to a | 22 | | reasonable parent or caretaker that it is unlikely that a | 23 | | reasonable parent or caretaker would have exposed the child to |
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| 1 | | the danger without exercising precautionary measures to | 2 | | protect the child from harm. With respect to a person working | 3 | | at an agency in his or her professional capacity with a child | 4 | | or adult resident, "blatant disregard" includes a failure by | 5 | | the person to perform job responsibilities intended to protect | 6 | | the child's or adult resident's health, physical well-being, or | 7 | | welfare, and, when viewed in light of the surrounding | 8 | | circumstances, evidence exists that would cause a reasonable | 9 | | person to believe that the child was neglected. With respect to | 10 | | an agency, "blatant disregard" includes a failure to implement | 11 | | practices that ensure the health, physical well-being, or | 12 | | welfare of the children and adult residents residing in the | 13 | | facility. | 14 | | "Child" means any person under the age of 18 years, unless | 15 | | legally
emancipated by reason of marriage or entry into a | 16 | | branch of the United
States armed services. | 17 | | "Department" means Department of Children and Family | 18 | | Services. | 19 | | "Local law enforcement agency" means the police of a city, | 20 | | town,
village or other incorporated area or the sheriff of an | 21 | | unincorporated
area or any sworn officer of the Illinois | 22 | | Department of State Police. | 23 | | "Abused child"
means a child whose parent or immediate | 24 | | family
member,
or any person responsible for the child's | 25 | | welfare, or any individual
residing in the same home as the | 26 | | child, or a paramour of the child's parent: |
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| 1 | | (a) inflicts, causes to be inflicted, or allows to be
| 2 | | inflicted upon
such child physical injury, by other than | 3 | | accidental means, which causes
death, disfigurement, | 4 | | impairment of physical or
emotional health, or loss or | 5 | | impairment of any bodily function; | 6 | | (b) creates a substantial risk of physical injury to | 7 | | such
child by
other than accidental means which would be | 8 | | likely to cause death,
disfigurement, impairment of | 9 | | physical or emotional health, or loss or
impairment of any | 10 | | bodily function; | 11 | | (c) commits or allows to be committed any sex offense | 12 | | against
such child,
as such sex offenses are defined in the | 13 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 14 | | extending those definitions of sex offenses to include | 15 | | children under
18 years of age; | 16 | | (d) commits or allows to be committed an act or acts of
| 17 | | torture upon
such child; | 18 | | (e) inflicts excessive corporal punishment or, in the | 19 | | case of a person working for an agency who is prohibited | 20 | | from using corporal punishment, inflicts corporal | 21 | | punishment upon a child or adult resident with whom the | 22 | | person is working in his or her professional capacity; | 23 | | (f) commits or allows to be committed
the offense of
| 24 | | female
genital mutilation, as defined in Section 12-34 of | 25 | | the Criminal Code of
2012, against the child; | 26 | | (g) causes to be sold, transferred, distributed, or |
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| 1 | | given to
such child
under 18 years of age, a controlled | 2 | | substance as defined in Section 102 of the
Illinois | 3 | | Controlled Substances Act in violation of Article IV of the | 4 | | Illinois
Controlled Substances Act or in violation of the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | except for controlled substances that are prescribed
in | 7 | | accordance with Article III of the Illinois Controlled | 8 | | Substances Act and
are dispensed to such child in a manner | 9 | | that substantially complies with the
prescription; or | 10 | | (h) commits or allows to be committed the offense of | 11 | | involuntary servitude, involuntary sexual servitude of a | 12 | | minor, or trafficking in persons as defined in Section 10-9 | 13 | | of the Criminal Code of 2012 against the child. | 14 | | A child shall not be considered abused for the sole reason | 15 | | that the child
has been relinquished in accordance with the | 16 | | Abandoned Newborn Infant
Protection Act. | 17 | | "Neglected child" means any child who is not receiving the | 18 | | proper or
necessary nourishment or medically indicated | 19 | | treatment including food or care
not provided solely on the | 20 | | basis of the present or anticipated mental or
physical | 21 | | impairment as determined by a physician acting alone or in
| 22 | | consultation with other physicians or otherwise is not | 23 | | receiving the proper or
necessary support or medical or other | 24 | | remedial care recognized under State law
as necessary for a | 25 | | child's well-being, or other care necessary for his or her
| 26 | | well-being, including adequate food, clothing and shelter; or |
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| 1 | | who is subjected to an environment which is injurious insofar | 2 | | as (i) the child's environment creates a likelihood of harm to | 3 | | the child's health, physical well-being, or welfare and (ii) | 4 | | the likely harm to the child is the result of a blatant | 5 | | disregard of parent, caretaker, or agency responsibilities; or | 6 | | who is abandoned
by his or her parents or other person | 7 | | responsible for the child's welfare
without a proper plan of | 8 | | care; or who has been provided with interim crisis intervention | 9 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 10 | | and whose parent, guardian, or custodian refuses to
permit
the | 11 | | child to return home and no other living arrangement agreeable
| 12 | | to the parent, guardian, or custodian can be made, and the | 13 | | parent, guardian, or custodian has not made any other | 14 | | appropriate living arrangement for the child; or who is a | 15 | | newborn infant whose umbilical cord tissue, blood, urine,
or | 16 | | meconium
contains any amount of a controlled substance as | 17 | | defined in subsection (f) of
Section 102 of the Illinois | 18 | | Controlled Substances Act or a metabolite thereof,
with the | 19 | | exception of a controlled substance or metabolite thereof whose
| 20 | | presence in the newborn infant is the result of medical | 21 | | treatment administered
to the mother or the newborn infant. | 22 | | Nothing in the preceding sentence is intended to limit the type | 23 | | of medically reliable testing that can establish that a | 24 | | controlled substance or metabolite thereof is present in a | 25 | | newborn infant. A child shall not be considered neglected
for | 26 | | the sole reason that the child's parent or other person |
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| 1 | | responsible for his
or her welfare has left the child in the | 2 | | care of an adult relative for any
period of time. A child shall | 3 | | not be considered neglected for the sole reason
that the child | 4 | | has been relinquished in accordance with the Abandoned Newborn
| 5 | | Infant Protection Act. A child shall not be considered | 6 | | neglected or abused
for the
sole reason that such child's | 7 | | parent or other person responsible for his or her
welfare | 8 | | depends upon spiritual means through prayer alone for the | 9 | | treatment or
cure of disease or remedial care as provided under | 10 | | Section 4 of this Act. A
child shall not be considered | 11 | | neglected or abused solely because the child is
not attending | 12 | | school in accordance with the requirements of Article 26 of The
| 13 | | School Code, as amended. | 14 | | "Child Protective Service Unit" means certain specialized | 15 | | State employees of
the Department assigned by the Director to | 16 | | perform the duties and
responsibilities as provided under | 17 | | Section 7.2 of this Act. | 18 | | "Person responsible for the child's welfare" means the | 19 | | child's parent;
guardian; foster parent; relative caregiver; | 20 | | any person responsible for the
child's welfare in a public or | 21 | | private residential agency or institution; any
person | 22 | | responsible for the child's welfare within a public or private | 23 | | profit or
not for profit child care facility; or any other | 24 | | person responsible for the
child's welfare at the time of the | 25 | | alleged abuse or neglect, including any person that is the | 26 | | custodian of a child under 18 years of age who commits or |
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| 1 | | allows to be committed, against the child, the offense of | 2 | | involuntary servitude, involuntary sexual servitude of a | 3 | | minor, or trafficking in persons for forced labor or services, | 4 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 5 | | any person who
came to know the child through an official | 6 | | capacity or position of trust,
including but not limited to | 7 | | health care professionals, educational personnel,
recreational | 8 | | supervisors, members of the clergy, and volunteers or
support | 9 | | personnel in any setting
where children may be subject to abuse | 10 | | or neglect. | 11 | | "Temporary protective custody" means custody within a | 12 | | hospital or
other medical facility or a place previously | 13 | | designated for such custody
by the Department, subject to | 14 | | review by the Court, including a licensed
foster home, group | 15 | | home, or other institution; but such place shall not
be a jail | 16 | | or other place for the detention of criminal or juvenile | 17 | | offenders. | 18 | | "An unfounded report" means any report made under this Act | 19 | | for which
it is determined after an investigation that no | 20 | | credible evidence of
abuse or neglect exists. | 21 | | "An indicated report" means a report made under this Act if | 22 | | an
investigation determines that credible evidence of the | 23 | | alleged
abuse or neglect exists. | 24 | | "An undetermined report" means any report made under this | 25 | | Act in
which it was not possible to initiate or complete an | 26 | | investigation on
the basis of information provided to the |
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| 1 | | Department. | 2 | | "Subject of report" means any child reported to the central | 3 | | register
of child abuse and neglect established under Section | 4 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 5 | | and
the parent or guardian of the alleged victim or other | 6 | | person responsible for the alleged victim's welfare who is | 7 | | named in the report or added to the report as an alleged | 8 | | perpetrator of child abuse or neglect. | 9 | | "Perpetrator" means a person who, as a result of | 10 | | investigation, has
been determined by the Department to have | 11 | | caused child abuse or neglect. | 12 | | "Member of the clergy" means a clergyman or practitioner of | 13 | | any religious
denomination accredited by the religious body to | 14 | | which he or she belongs. | 15 | | (Source: P.A. 99-350, eff. 6-1-16 .) | 16 | | Section 10. The Juvenile Court Act of 1987 is amended by | 17 | | changing Sections 2-3 and 2-18 as follows: | 18 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 19 | | Sec. 2-3. Neglected or abused minor. | 20 | | (1) Those who are neglected include: | 21 | | (a) any minor under 18 years of age who is not | 22 | | receiving
the proper or necessary support, education as
| 23 | | required by law, or medical or other remedial care | 24 | | recognized under
State law as necessary for a minor's |
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| 1 | | well-being, or other care necessary
for his or her | 2 | | well-being, including adequate food, clothing and shelter,
| 3 | | or who is abandoned by his or her parent or parents or | 4 | | other person or persons responsible for
the minor's | 5 | | welfare, except that a minor shall not be considered | 6 | | neglected
for the sole reason that the minor's parent or | 7 | | parents or other person or persons responsible for the
| 8 | | minor's welfare have left the minor in the care of an adult | 9 | | relative for any
period of time, who the parent or parents | 10 | | or other person responsible for the minor's welfare know is | 11 | | both a mentally capable adult relative and physically | 12 | | capable adult relative, as defined by this Act; or | 13 | | (b) any minor under 18 years of age whose environment | 14 | | is injurious
to his or her welfare; or | 15 | | (c) any newborn infant whose umbilical cord tissue, | 16 | | blood, urine, or meconium
contains any amount of a
| 17 | | controlled substance as defined in subsection (f) of | 18 | | Section 102 of the
Illinois Controlled Substances Act, as | 19 | | now or hereafter amended, or a
metabolite of a controlled | 20 | | substance, with the exception of controlled
substances or | 21 | | metabolites of such substances, the presence of which in | 22 | | the
newborn infant is the result of medical treatment | 23 | | administered to the
mother or the newborn infant; nothing | 24 | | in this paragraph (c) is intended to limit the type of | 25 | | medically reliable testing that can establish that a | 26 | | controlled substance or metabolite thereof is present in a |
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| 1 | | newborn infant; or | 2 | | (d) any minor under the age of 14 years whose parent or | 3 | | other person
responsible for the minor's welfare leaves the | 4 | | minor without
supervision for an unreasonable period of | 5 | | time without regard for the mental or
physical health, | 6 | | safety, or welfare of that minor; or | 7 | | (e) any minor who has been provided with interim crisis | 8 | | intervention
services under Section 3-5 of this Act and | 9 | | whose parent, guardian, or custodian
refuses to permit the | 10 | | minor to return home unless the minor is an immediate | 11 | | physical danger to himself, herself, or others living in | 12 | | the home.
| 13 | | Whether the minor was left without regard for the mental or | 14 | | physical health,
safety, or welfare of that minor or the period | 15 | | of time was unreasonable shall
be determined by considering the | 16 | | following factors, including but not limited
to: | 17 | | (1) the age of the minor; | 18 | | (2) the number of minors left at the location; | 19 | | (3) special needs of the minor, including whether the | 20 | | minor is a person with a physical or mental disability, or | 21 | | otherwise in need of ongoing prescribed medical
treatment | 22 | | such as periodic doses of insulin or other medications; | 23 | | (4) the duration of time in which the minor was left | 24 | | without supervision; | 25 | | (5) the condition and location of the place where the | 26 | | minor was left
without supervision; |
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| 1 | | (6) the time of day or night when the minor was left | 2 | | without supervision; | 3 | | (7) the weather conditions, including whether the | 4 | | minor was left in a
location with adequate protection from | 5 | | the natural elements such as adequate
heat or light; | 6 | | (8) the location of the parent or guardian at the time | 7 | | the minor was left
without supervision, the physical | 8 | | distance the minor was from the parent or
guardian at the | 9 | | time the minor was without supervision; | 10 | | (9) whether the minor's movement was restricted, or the | 11 | | minor was
otherwise locked within a room or other | 12 | | structure; | 13 | | (10) whether the minor was given a phone number of a | 14 | | person or location to
call in the event of an emergency and | 15 | | whether the minor was capable of making
an emergency call; | 16 | | (11) whether there was food and other provision left | 17 | | for the minor; | 18 | | (12) whether any of the conduct is attributable to | 19 | | economic hardship or
illness and the parent, guardian or | 20 | | other person having physical custody or
control of the | 21 | | child made a good faith effort to provide for the health | 22 | | and
safety of the minor; | 23 | | (13) the age and physical and mental capabilities of | 24 | | the person or persons
who provided supervision for the | 25 | | minor; | 26 | | (14) whether the minor was left under the supervision |
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| 1 | | of another person; | 2 | | (15) any other factor that would endanger the health | 3 | | and safety of that
particular minor. | 4 | | A minor shall not be considered neglected for the sole | 5 | | reason that the
minor has been relinquished in accordance with | 6 | | the Abandoned Newborn Infant
Protection Act. | 7 | | (2) Those who are abused include any minor under 18 years | 8 | | of age whose
parent or immediate family member, or any person | 9 | | responsible
for the minor's welfare, or any person who is in | 10 | | the same family or household
as the minor, or any individual | 11 | | residing in the same home as the minor, or
a paramour of the | 12 | | minor's parent: | 13 | | (i) inflicts, causes to be inflicted, or allows to be | 14 | | inflicted upon
such minor physical injury, by other than | 15 | | accidental means, which causes death,
disfigurement, | 16 | | impairment of physical or emotional health, or loss or
| 17 | | impairment of any bodily function; | 18 | | (ii) creates a substantial risk of physical injury to | 19 | | such minor by
other than accidental means which would be | 20 | | likely to cause death,
disfigurement, impairment of | 21 | | emotional health, or loss or impairment of any
bodily | 22 | | function; | 23 | | (iii) commits or allows to be committed any sex offense | 24 | | against such
minor, as such sex offenses are defined in the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012, or in | 26 | | the Wrongs to Children Act, and extending those definitions |
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| 1 | | of sex offenses to include minors
under 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 10-9 | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 9 | | 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 of | 12 | | 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 | 15 | | that the minor
has been relinquished in accordance with the | 16 | | Abandoned Newborn Infant
Protection Act. | 17 | | (3) This Section does not apply to a minor who would be | 18 | | included
herein solely for the purpose of qualifying for | 19 | | financial assistance for
himself, his parents, guardian or | 20 | | custodian. | 21 | | (Source: P.A. 99-143, eff. 7-27-15.) | 22 | | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | 23 | | Sec. 2-18. Evidence. | 24 | | (1) At the adjudicatory hearing, the court shall first | 25 | | consider only the
question whether the minor is abused, |
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| 1 | | neglected or dependent. The standard of
proof and the rules of | 2 | | evidence in the nature of civil proceedings in this
State are | 3 | | applicable to proceedings under this Article. If the petition | 4 | | also
seeks the appointment of a guardian of the person with
| 5 | | power to consent to adoption of the minor under Section 2-29, | 6 | | the court may
also consider legally admissible evidence at the | 7 | | adjudicatory hearing that one
or more grounds of unfitness | 8 | | exists under subdivision D of Section 1 of the
Adoption Act. | 9 | | (2) In any hearing under this Act, the following shall | 10 | | constitute prima
facie evidence of abuse or neglect, as the | 11 | | case may be: | 12 | | (a) proof that a minor has a medical diagnosis of | 13 | | battered child syndrome
is prima facie evidence of abuse; | 14 | | (b) proof that a minor has a medical diagnosis of | 15 | | failure to thrive
syndrome is prima facie evidence of | 16 | | neglect; | 17 | | (c) proof that a minor has a medical diagnosis of fetal | 18 | | alcohol syndrome
is prima facie evidence of neglect; | 19 | | (d) proof that a minor has a medical diagnosis at birth | 20 | | of withdrawal
symptoms from narcotics or barbiturates is | 21 | | prima facie evidence of neglect; | 22 | | (e) proof of injuries sustained by a minor or of the | 23 | | condition of a minor
of such a nature as would ordinarily | 24 | | not be sustained or exist except by
reason of the acts or | 25 | | omissions of the parent, custodian or guardian of
such | 26 | | minor shall be prima facie evidence of abuse or neglect, as |
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| 1 | | the case may
be; | 2 | | (f) proof that a parent, custodian or guardian of a | 3 | | minor repeatedly used
a drug, to the extent that it has or | 4 | | would ordinarily have the effect of
producing in the user a | 5 | | substantial state of stupor, unconsciousness,
| 6 | | intoxication, hallucination, disorientation or | 7 | | incompetence, or a
substantial impairment of judgment, or a | 8 | | substantial manifestation of
irrationality, shall be prima | 9 | | facie evidence of neglect; | 10 | | (g) proof that a parent, custodian, or guardian of a | 11 | | minor repeatedly
used a controlled substance, as defined in | 12 | | subsection (f) of Section 102 of the
Illinois Controlled | 13 | | Substances Act, in the presence of the minor or a sibling
| 14 | | of the minor is prima facie evidence of neglect. "Repeated | 15 | | use", for the
purpose of this subsection, means more than | 16 | | one use of a controlled substance
as defined in subsection | 17 | | (f) of Section 102 of the Illinois Controlled
Substances | 18 | | Act; | 19 | | (h) proof that a newborn infant's umbilical cord | 20 | | tissue, blood, urine, or meconium contains any
amount of a | 21 | | controlled substance as defined in subsection (f) of | 22 | | Section 102 of
the Illinois Controlled Substances Act, or a | 23 | | metabolite of a controlled
substance, with the exception of | 24 | | controlled substances or metabolites of those
substances, | 25 | | the presence of which is the result of medical treatment
| 26 | | administered to the mother or the newborn, is prime facie |
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| 1 | | evidence of
neglect; nothing in this paragraph (h) is | 2 | | intended to limit the type of medically reliable testing | 3 | | that can establish that a controlled substance or | 4 | | metabolite thereof is present in a newborn infant; | 5 | | (i) proof that a minor was present in a structure or | 6 | | vehicle in which the minor's parent, custodian, or guardian | 7 | | was involved in the manufacture of methamphetamine | 8 | | constitutes prima facie evidence of abuse and neglect;
| 9 | | (j) proof that a parent, custodian, or guardian of a | 10 | | minor allows, encourages, or requires a minor to perform, | 11 | | offer, or agree to perform any act of sexual penetration as | 12 | | defined in Section 11-0.1 of the Criminal Code of 2012 for | 13 | | any money, property, token, object, or article or anything | 14 | | of value, or any touching or fondling of the sex organs of | 15 | | one person by another person, for any money, property, | 16 | | token, object, or article or anything of value, for the | 17 | | purpose of sexual arousal or gratification, constitutes | 18 | | prima facie evidence of abuse and neglect; | 19 | | (k) proof that a parent, custodian, or guardian of a | 20 | | minor commits or allows to be committed the offense of | 21 | | involuntary servitude, involuntary sexual servitude of a | 22 | | minor, or trafficking in persons as defined in Section 10-9 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 24 | | upon such minor, constitutes prima facie evidence of abuse | 25 | | and neglect. | 26 | | (3) In any hearing under this Act, proof of the abuse, |
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| 1 | | neglect or dependency
of one minor shall be admissible evidence | 2 | | on the issue of the abuse, neglect or
dependency of any other | 3 | | minor for whom the respondent is responsible. | 4 | | (4) (a) Any writing, record, photograph or x-ray of any | 5 | | hospital or public
or private agency, whether in the form of an | 6 | | entry in a book or otherwise,
made as a memorandum or record of | 7 | | any condition, act, transaction, occurrence
or event relating | 8 | | to a minor in an abuse, neglect or
dependency proceeding, shall | 9 | | be
admissible in evidence as proof of that condition, act, | 10 | | transaction, occurrence
or event, if the court finds that the | 11 | | document was made in the regular course
of the business of the | 12 | | hospital or agency and that it was in the regular
course of | 13 | | such business to make it, at the time of the act, transaction,
| 14 | | occurrence or event, or within a reasonable time thereafter. A | 15 | | certification
by the head or responsible employee of the | 16 | | hospital or agency that the writing,
record, photograph or | 17 | | x-ray is the full and complete record of the condition,
act, | 18 | | transaction, occurrence or event and that it satisfies the | 19 | | conditions
of this paragraph shall be prima facie evidence of | 20 | | the facts contained in
such certification. A certification by | 21 | | someone other than the head of the
hospital or agency shall be | 22 | | accompanied by a photocopy of a delegation of
authority signed | 23 | | by both the head of the hospital or agency and by such
other | 24 | | employee. All other circumstances of the making of the | 25 | | memorandum,
record, photograph or x-ray, including lack of | 26 | | personal knowledge of the
maker, may be proved to affect the |
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| 1 | | weight to be accorded such evidence,
but shall not affect its | 2 | | admissibility. | 3 | | (b) Any indicated report filed pursuant to the Abused and | 4 | | Neglected Child
Reporting Act shall be admissible in evidence. | 5 | | (c) Previous statements made by the minor relating to any | 6 | | allegations
of abuse or neglect shall be admissible in | 7 | | evidence. However, no such
statement, if uncorroborated and not | 8 | | subject to cross-examination, shall be
sufficient in itself to | 9 | | support a finding of abuse or neglect. | 10 | | (d) There shall be a rebuttable presumption that a minor is | 11 | | competent
to testify in abuse or neglect proceedings. The court | 12 | | shall determine how
much weight to give to the minor's | 13 | | testimony, and may allow the minor to
testify in chambers with | 14 | | only the court, the court reporter and attorneys
for the | 15 | | parties present. | 16 | | (e) The privileged character of communication between any | 17 | | professional
person and patient or client, except privilege | 18 | | between attorney and client,
shall not apply to proceedings | 19 | | subject to this Article. | 20 | | (f) Proof of the impairment of emotional health or | 21 | | impairment of mental
or emotional condition as a result of the | 22 | | failure of the respondent to exercise
a minimum degree of care | 23 | | toward a minor may include competent opinion or
expert | 24 | | testimony, and may include proof that such impairment lessened | 25 | | during
a period when the minor was in the care, custody or | 26 | | supervision of a person
or agency other than the respondent. |
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| 1 | | (5) In any hearing under this Act alleging neglect for | 2 | | failure to
provide education as required by law under | 3 | | subsection (1) of Section 2-3,
proof that a minor under 13 | 4 | | years of age who is subject to compulsory
school attendance | 5 | | under the School Code is a chronic truant as defined
under the | 6 | | School Code shall be prima facie evidence of neglect by the
| 7 | | parent or guardian in any hearing under this Act and proof that | 8 | | a minor who
is 13 years of age or older who is subject to | 9 | | compulsory school attendance
under the School Code is a chronic | 10 | | truant shall raise a rebuttable
presumption of neglect by the | 11 | | parent or guardian. This subsection (5)
shall not apply in | 12 | | counties with 2,000,000 or more inhabitants. | 13 | | (6) In any hearing under this Act, the court may take | 14 | | judicial notice of
prior sworn testimony or evidence admitted | 15 | | in prior proceedings involving
the same minor if (a) the | 16 | | parties were either represented by counsel at such
prior | 17 | | proceedings or the right to counsel was knowingly waived and | 18 | | (b) the
taking of judicial notice would not result in admitting | 19 | | hearsay evidence at a
hearing where it would otherwise be | 20 | | prohibited. | 21 | | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; | 22 | | 97-1150, eff. 1-25-13.)
| 23 | | Section 15. The Adoption Act is amended by changing Section | 24 | | 1 as follows:
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| 1 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 2 | | Sec. 1. Definitions. When used in this Act, unless the | 3 | | context
otherwise requires:
| 4 | | A. "Child" means a person under legal age subject to | 5 | | adoption under
this Act.
| 6 | | B. "Related child" means a child subject to adoption where | 7 | | either or both of
the adopting parents stands in any of the | 8 | | following relationships to the child
by blood, marriage, | 9 | | adoption, or civil union: parent, grand-parent, | 10 | | great-grandparent, brother, sister, step-parent,
| 11 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 12 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 13 | | person is related to the child as a first cousin or second | 14 | | cousin if they are both related to the same ancestor as either | 15 | | grandchild or great-grandchild. A child whose parent has | 16 | | executed
a consent to adoption, a surrender, or a waiver | 17 | | pursuant to Section 10 of this Act or whose parent has signed a | 18 | | denial of paternity pursuant to Section 12 of the Vital Records | 19 | | Act or Section 12a of this Act, or whose parent has had his or | 20 | | her parental rights
terminated, is not a related child to that | 21 | | person, unless (1) the consent is
determined to be void or is | 22 | | void pursuant to subsection O of Section 10 of this Act;
or (2) | 23 | | the parent of the child executed a consent to adoption by a | 24 | | specified person or persons pursuant to subsection A-1 of | 25 | | Section 10 of this Act and a court of competent jurisdiction | 26 | | finds that such consent is void; or (3) the order terminating |
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| 1 | | the parental rights of the parent is vacated by a court of | 2 | | competent jurisdiction.
| 3 | | C. "Agency" for the purpose of this Act means a public | 4 | | child welfare agency
or a licensed child welfare agency.
| 5 | | D. "Unfit person" means any person whom the court shall | 6 | | find to be unfit
to have a child, without regard to the | 7 | | likelihood that the child will be
placed for adoption. The | 8 | | grounds of unfitness are any one or more
of the following, | 9 | | except that a person shall not be considered an unfit
person | 10 | | for the sole reason that the person has relinquished a child in
| 11 | | accordance with the Abandoned Newborn Infant Protection Act:
| 12 | | (a) Abandonment of the child.
| 13 | | (a-1) Abandonment of a newborn infant in a hospital.
| 14 | | (a-2) Abandonment of a newborn infant in any setting | 15 | | where the evidence
suggests that the parent intended to | 16 | | relinquish his or her parental rights.
| 17 | | (b) Failure to maintain a reasonable degree of | 18 | | interest, concern or
responsibility as to the child's | 19 | | welfare.
| 20 | | (c) Desertion of the child for more than 3 months next | 21 | | preceding the
commencement of the Adoption proceeding.
| 22 | | (d) Substantial neglect
of the
child if continuous or | 23 | | repeated.
| 24 | | (d-1) Substantial neglect, if continuous or repeated, | 25 | | of any child
residing in the household which resulted in | 26 | | the death of that child.
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| 1 | | (e) Extreme or repeated cruelty to the child.
| 2 | | (f) There is a rebuttable presumption, which can be | 3 | | overcome only by clear and convincing evidence, that a | 4 | | parent is unfit if:
| 5 | | (1) Two or more findings of physical abuse have | 6 | | been entered regarding any children under Section 2-21 | 7 | | of the Juvenile Court Act
of 1987, the most recent of | 8 | | which was determined by the juvenile court
hearing the | 9 | | matter to be supported by clear and convincing | 10 | | evidence; or | 11 | | (2) The parent has been convicted or found not | 12 | | guilty by reason of insanity and the conviction or | 13 | | finding resulted from the death of any child by | 14 | | physical abuse; or
| 15 | | (3) There is a finding of physical child abuse | 16 | | resulting from the death of any
child under Section | 17 | | 2-21 of the
Juvenile Court Act of 1987. | 18 | | No conviction or finding of delinquency pursuant to | 19 | | Article V of the Juvenile Court Act of 1987 shall be | 20 | | considered a criminal conviction for the purpose of | 21 | | applying any presumption under this item (f).
| 22 | | (g) Failure to protect the child from conditions within | 23 | | his environment
injurious to the child's welfare.
| 24 | | (h) Other neglect of, or misconduct toward the child; | 25 | | provided that in
making a finding of unfitness the court | 26 | | hearing the adoption proceeding
shall not be bound by any |
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| 1 | | previous finding, order or judgment affecting
or | 2 | | determining the rights of the parents toward the child | 3 | | sought to be adopted
in any other proceeding except such | 4 | | proceedings terminating parental rights
as shall be had | 5 | | under either this Act, the Juvenile Court Act or
the | 6 | | Juvenile Court Act of 1987.
| 7 | | (i) Depravity. Conviction of any one of the following
| 8 | | crimes shall create a presumption that a parent is depraved | 9 | | which can be
overcome only by clear and convincing | 10 | | evidence:
(1) first degree murder in violation of paragraph | 11 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 13 | | second degree murder in violation of subsection (a) of | 14 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 15 | | Code of 2012 of a parent of the child to be adopted; (2)
| 16 | | first degree murder or second degree murder of any child in
| 17 | | violation of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (3)
attempt or conspiracy to commit first degree | 19 | | murder or second degree murder
of any child in violation of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 21 | | solicitation to commit murder of any child, solicitation to
| 22 | | commit murder of any child for hire, or solicitation to | 23 | | commit second
degree murder of any child in violation of | 24 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 25 | | predatory criminal sexual assault of a child in violation | 26 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012; (6) heinous battery of any | 2 | | child in violation of the Criminal Code of 1961; or (7) | 3 | | aggravated battery of any child in violation of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 5 | | There is a rebuttable presumption that a parent is | 6 | | depraved if the parent
has been criminally convicted of at | 7 | | least 3 felonies under the laws of this
State or any other | 8 | | state, or under federal law, or the criminal laws of any
| 9 | | United States territory; and at least
one of these
| 10 | | convictions took place within 5 years of the filing of the | 11 | | petition or motion
seeking termination of parental rights.
| 12 | | There is a rebuttable presumption that a parent is | 13 | | depraved if that
parent
has
been criminally convicted of | 14 | | either first or second degree murder of any person
as | 15 | | defined in the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012 within 10 years of the filing date of
the petition | 17 | | or motion to terminate parental rights. | 18 | | No conviction or finding of delinquency pursuant to | 19 | | Article 5 of the Juvenile Court Act of 1987 shall be | 20 | | considered a criminal conviction for the purpose of | 21 | | applying any presumption under this item (i).
| 22 | | (j) Open and notorious adultery or fornication.
| 23 | | (j-1) (Blank).
| 24 | | (k) Habitual drunkenness or addiction to drugs, other | 25 | | than those
prescribed by a physician, for at least one year | 26 | | immediately
prior to the commencement of the unfitness |
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| 1 | | proceeding.
| 2 | | There is a rebuttable presumption that a parent is | 3 | | unfit under this
subsection
with respect to any child to | 4 | | which that parent gives birth where there is a
confirmed
| 5 | | test result that at birth the child's blood, urine, or | 6 | | meconium contained any
amount of a controlled substance as | 7 | | defined in subsection (f) of Section 102 of
the Illinois | 8 | | Controlled Substances Act or metabolites of such | 9 | | substances, the
presence of which in the newborn infant was | 10 | | not the result of medical treatment
administered to the | 11 | | mother or the newborn infant; and the biological mother of
| 12 | | this child is the biological mother of at least one other | 13 | | child who was
adjudicated a neglected minor under | 14 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 15 | | 1987.
| 16 | | (l) Failure to demonstrate a reasonable degree of | 17 | | interest, concern or
responsibility as to the welfare of a | 18 | | new born child during the first 30
days after its birth.
| 19 | | (m) Failure by a parent (i) to make reasonable efforts | 20 | | to correct the
conditions that were the basis for the | 21 | | removal of the child from the
parent during any 9-month | 22 | | period following the adjudication of neglected or abused | 23 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 24 | | or dependent minor under Section 2-4 of that Act, or (ii) | 25 | | to make reasonable progress
toward the return of the
child | 26 | | to the parent during any 9-month period following the |
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| 1 | | adjudication of
neglected or abused minor under Section 2-3 | 2 | | of the Juvenile Court
Act of 1987 or dependent minor under | 3 | | Section 2-4 of that Act.
If a service plan has been | 4 | | established as
required under
Section 8.2 of the Abused and | 5 | | Neglected Child Reporting Act to correct the
conditions | 6 | | that were the basis for the removal of the child from the | 7 | | parent
and if those services were available,
then, for | 8 | | purposes of this Act, "failure to make reasonable progress | 9 | | toward the
return of the child to the parent" includes the | 10 | | parent's failure to substantially fulfill his or her | 11 | | obligations
under
the service plan and correct the | 12 | | conditions that brought the child into care
during any | 13 | | 9-month period
following the adjudication under Section | 14 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 15 | | Notwithstanding any other provision, when a petition or | 16 | | motion seeks to terminate parental rights on the basis of | 17 | | item (ii) of this subsection (m), the petitioner shall file | 18 | | with the court and serve on the parties a pleading that | 19 | | specifies the 9-month period or periods relied on. The | 20 | | pleading shall be filed and served on the parties no later | 21 | | than 3 weeks before the date set by the court for closure | 22 | | of discovery, and the allegations in the pleading shall be | 23 | | treated as incorporated into the petition or motion. | 24 | | Failure of a respondent to file a written denial of the | 25 | | allegations in the pleading shall not be treated as an | 26 | | admission that the allegations are true.
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| 1 | | (m-1) (Blank).
| 2 | | (n) Evidence of intent to forgo his or her parental | 3 | | rights,
whether or
not the child is a ward of the court, | 4 | | (1) as manifested
by his or her failure for a period of 12 | 5 | | months: (i) to visit the child,
(ii) to communicate with | 6 | | the child or agency, although able to do so and
not | 7 | | prevented from doing so by an agency or by court order, or | 8 | | (iii) to
maintain contact with or plan for the future of | 9 | | the child, although physically
able to do so, or (2) as | 10 | | manifested by the father's failure, where he
and the mother | 11 | | of the child were unmarried to each other at the time of | 12 | | the
child's birth, (i) to commence legal proceedings to | 13 | | establish his paternity
under the Illinois Parentage Act of | 14 | | 1984, the Illinois Parentage Act of 2015, or the law of the | 15 | | jurisdiction of
the child's birth within 30 days of being | 16 | | informed, pursuant to Section 12a
of this Act, that he is | 17 | | the father or the likely father of the child or,
after | 18 | | being so informed where the child is not yet born, within | 19 | | 30 days of
the child's birth, or (ii) to make a good faith | 20 | | effort to pay a reasonable
amount of the expenses related | 21 | | to the birth of the child and to provide a
reasonable | 22 | | amount for the financial support of the child, the court to
| 23 | | consider in its determination all relevant circumstances, | 24 | | including the
financial condition of both parents; | 25 | | provided that the ground for
termination provided in this | 26 | | subparagraph (n)(2)(ii) shall only be
available where the |
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| 1 | | petition is brought by the mother or the husband of
the | 2 | | mother.
| 3 | | Contact or communication by a parent with his or her | 4 | | child that does not
demonstrate affection and concern does | 5 | | not constitute reasonable contact
and planning under | 6 | | subdivision (n). In the absence of evidence to the
| 7 | | contrary, the ability to visit, communicate, maintain | 8 | | contact, pay
expenses and plan for the future shall be | 9 | | presumed. The subjective intent
of the parent, whether | 10 | | expressed or otherwise, unsupported by evidence of
the | 11 | | foregoing parental acts manifesting that intent, shall not | 12 | | preclude a
determination that the parent has intended to | 13 | | forgo his or her
parental
rights. In making this | 14 | | determination, the court may consider but shall not
require | 15 | | a showing of diligent efforts by an authorized agency to | 16 | | encourage
the parent to perform the acts specified in | 17 | | subdivision (n).
| 18 | | It shall be an affirmative defense to any allegation | 19 | | under paragraph
(2) of this subsection that the father's | 20 | | failure was due to circumstances
beyond his control or to | 21 | | impediments created by the mother or any other
person | 22 | | having legal custody. Proof of that fact need only be by a
| 23 | | preponderance of the evidence.
| 24 | | (o) Repeated or continuous failure by the parents, | 25 | | although physically
and financially able, to provide the | 26 | | child with adequate food, clothing,
or shelter.
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| 1 | | (p) Inability to discharge parental responsibilities | 2 | | supported by
competent evidence from a psychiatrist, | 3 | | licensed clinical social
worker, or clinical psychologist | 4 | | of mental
impairment, mental illness or an intellectual | 5 | | disability as defined in Section
1-116 of the Mental Health | 6 | | and Developmental Disabilities Code, or
developmental | 7 | | disability as defined in Section 1-106 of that Code, and
| 8 | | there is sufficient justification to believe that the | 9 | | inability to
discharge parental responsibilities shall | 10 | | extend beyond a reasonable
time period. However, this | 11 | | subdivision (p) shall not be construed so as to
permit a | 12 | | licensed clinical social worker to conduct any medical | 13 | | diagnosis to
determine mental illness or mental | 14 | | impairment.
| 15 | | (q) (Blank).
| 16 | | (r) The child is in the temporary custody or | 17 | | guardianship of the
Department of Children and Family | 18 | | Services, the parent is incarcerated as a
result of | 19 | | criminal conviction at the time the petition or motion for
| 20 | | termination of parental rights is filed, prior to | 21 | | incarceration the parent had
little or no contact with the | 22 | | child or provided little or no support for the
child, and | 23 | | the parent's incarceration will prevent the parent from | 24 | | discharging
his or her parental responsibilities for the | 25 | | child for a period in excess of 2
years after the filing of | 26 | | the petition or motion for termination of parental
rights.
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| 1 | | (s) The child is in the temporary custody or | 2 | | guardianship of the
Department of Children and Family | 3 | | Services, the parent is incarcerated at the
time the | 4 | | petition or motion for termination of parental rights is | 5 | | filed, the
parent has been repeatedly incarcerated as a | 6 | | result of criminal convictions,
and the parent's repeated | 7 | | incarceration has prevented the parent from
discharging | 8 | | his or her parental responsibilities for the child.
| 9 | | (t) A finding that at birth the child's umbilical cord | 10 | | tissue, blood,
urine, or meconium contained any amount of a | 11 | | controlled substance as
defined in subsection (f) of | 12 | | Section 102 of the Illinois Controlled Substances
Act, or a | 13 | | metabolite of a controlled substance, with the exception of
| 14 | | controlled substances or metabolites of such substances, | 15 | | the presence of which
in the newborn infant was the result | 16 | | of medical treatment administered to the
mother or the | 17 | | newborn infant, and that the biological mother of this | 18 | | child is
the biological mother of at least one other child | 19 | | who was adjudicated a
neglected minor under subsection (c) | 20 | | of Section 2-3 of the Juvenile Court Act
of 1987, after | 21 | | which the biological mother had the opportunity to enroll | 22 | | in
and participate in a clinically appropriate substance | 23 | | abuse
counseling, treatment, and rehabilitation program. | 24 | | Nothing in the preceding sentence is intended to limit the | 25 | | type of medically reliable testing that can establish that | 26 | | a controlled substance or metabolite thereof is present in |
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| 1 | | a newborn infant.
| 2 | | E. "Parent" means a person who is the legal mother or legal | 3 | | father of the child as defined in subsection X or Y of this | 4 | | Section. For the purpose of this Act, a parent who has executed | 5 | | a consent to adoption, a surrender, or a waiver pursuant to | 6 | | Section 10 of this Act, who has signed a Denial of Paternity | 7 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 8 | | of this Act, or whose parental rights have been terminated by a | 9 | | court, is not a parent of the child who was the subject of the | 10 | | consent, surrender, waiver, or denial unless (1) the consent is | 11 | | void pursuant to subsection O of Section 10 of this Act; or (2) | 12 | | the person executed a consent to adoption by a specified person | 13 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 14 | | and a court of competent jurisdiction finds that the consent is | 15 | | void; or (3) the order terminating the parental rights of the | 16 | | person is vacated by a court of competent jurisdiction.
| 17 | | F. A person is available for adoption when the person is:
| 18 | | (a) a child who has been surrendered for adoption to an | 19 | | agency and to
whose adoption the agency has thereafter | 20 | | consented;
| 21 | | (b) a child to whose adoption a person authorized by | 22 | | law, other than his
parents, has consented, or to whose | 23 | | adoption no consent is required pursuant
to Section 8 of | 24 | | this Act;
| 25 | | (c) a child who is in the custody of persons who intend | 26 | | to adopt him
through placement made by his parents;
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| 1 | | (c-1) a child for whom a parent has signed a specific | 2 | | consent pursuant
to subsection O of Section 10;
| 3 | | (d) an adult who meets the conditions set forth in | 4 | | Section 3 of this
Act; or
| 5 | | (e) a child who has been relinquished as defined in | 6 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 7 | | A person who would otherwise be available for adoption | 8 | | shall not be
deemed unavailable for adoption solely by reason | 9 | | of his or her death.
| 10 | | G. The singular includes the plural and the plural includes
| 11 | | the singular and the "male" includes the "female", as the | 12 | | context of this
Act may require.
| 13 | | H. (Blank).
| 14 | | I. "Habitual residence" has the meaning ascribed to it in | 15 | | the federal Intercountry Adoption Act of 2000 and regulations | 16 | | promulgated thereunder.
| 17 | | J. "Immediate relatives" means the biological parents, the | 18 | | parents of
the biological parents and siblings of the | 19 | | biological parents.
| 20 | | K. "Intercountry adoption" is a process by which a child | 21 | | from a country
other than the United States is adopted by | 22 | | persons who are habitual residents of the United States, or the | 23 | | child is a habitual resident of the United States who is | 24 | | adopted by persons who are habitual residents of a country | 25 | | other than the United States.
| 26 | | L. (Blank).
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| 1 | | M. "Interstate Compact on the Placement of Children" is a | 2 | | law enacted by all
states and certain territories for the | 3 | | purpose of establishing uniform procedures for handling
the | 4 | | interstate placement of children in foster homes, adoptive | 5 | | homes, or
other child care facilities.
| 6 | | N. (Blank).
| 7 | | O. "Preadoption requirements" means any conditions or | 8 | | standards established by the laws or administrative rules of | 9 | | this State that must be met by a prospective adoptive parent
| 10 | | prior to the placement of a child in an adoptive home.
| 11 | | P. "Abused child" means a child whose parent or immediate | 12 | | family member,
or any person responsible for the child's | 13 | | welfare, or any individual
residing in the same home as the | 14 | | child, or a paramour of the child's parent:
| 15 | | (a) inflicts, causes to be inflicted, or allows to be | 16 | | inflicted upon
the child physical injury, by other than | 17 | | accidental means, that causes
death, disfigurement, | 18 | | impairment of physical or emotional health, or loss
or | 19 | | impairment of any bodily function;
| 20 | | (b) creates a substantial risk of physical injury to | 21 | | the child by
other than accidental means which would be | 22 | | likely to cause death,
disfigurement, impairment of | 23 | | physical or emotional health, or loss or
impairment of any | 24 | | bodily function;
| 25 | | (c) commits or allows to be committed any sex offense | 26 | | against the child,
as sex offenses are defined in the |
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| 1 | | Criminal Code of 2012
and extending those definitions of | 2 | | sex offenses to include children under
18 years of age;
| 3 | | (d) commits or allows to be committed an act or acts of | 4 | | torture upon
the child; or
| 5 | | (e) inflicts excessive corporal punishment.
| 6 | | Q. "Neglected child" means any child whose parent or other | 7 | | person
responsible for the child's welfare withholds or denies | 8 | | nourishment or
medically indicated treatment including food or | 9 | | care denied solely on the
basis of the present or anticipated | 10 | | mental or physical impairment as determined
by a physician | 11 | | acting alone or in consultation with other physicians or
| 12 | | otherwise does not provide the proper or necessary support, | 13 | | education
as required by law, or medical or other remedial care | 14 | | recognized under State
law as necessary for a child's | 15 | | well-being, or other care necessary for his
or her well-being, | 16 | | including adequate food, clothing and shelter; or who
is | 17 | | abandoned by his or her parents or other person responsible for | 18 | | the child's
welfare.
| 19 | | A child shall not be considered neglected or abused for the
| 20 | | sole reason that the child's parent or other person responsible | 21 | | for his
or her welfare depends upon spiritual means through | 22 | | prayer alone for the
treatment or cure of disease or remedial | 23 | | care as provided under Section 4
of the Abused and Neglected | 24 | | Child Reporting Act.
A child shall not be considered neglected | 25 | | or abused for the sole reason that
the child's parent or other | 26 | | person responsible for the child's welfare failed
to vaccinate, |
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| 1 | | delayed vaccination, or refused vaccination for the child
due | 2 | | to a waiver on religious or medical grounds as permitted by | 3 | | law.
| 4 | | R. "Putative father" means a man who may be a child's | 5 | | father, but who (1) is
not married to the child's mother on or | 6 | | before the date that the child was or
is to be born and (2) has | 7 | | not established paternity of the child in a court
proceeding | 8 | | before the filing of a petition for the adoption of the child. | 9 | | The
term includes a male who is less than 18 years of age. | 10 | | "Putative father" does
not mean a man who is the child's father | 11 | | as a result of criminal sexual abuse
or assault as defined | 12 | | under Article 11 of the Criminal Code of 2012.
| 13 | | S. "Standby adoption" means an adoption in which a parent
| 14 | | consents to custody and termination of parental rights to | 15 | | become
effective upon the occurrence of a future event, which | 16 | | is either the death of
the
parent or the request of the parent
| 17 | | for the entry of a final judgment of adoption.
| 18 | | T. (Blank).
| 19 | | T-5. "Biological parent", "birth parent", or "natural | 20 | | parent" of a child are interchangeable terms that mean a person | 21 | | who is biologically or genetically related to that child as a | 22 | | parent. | 23 | | U. "Interstate adoption" means the placement of a minor | 24 | | child with a prospective adoptive parent for the purpose of | 25 | | pursuing an adoption for that child that is subject to the | 26 | | provisions of the Interstate Compact on Placement of Children. |
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| 1 | | V. (Blank). | 2 | | W. (Blank). | 3 | | X. "Legal father" of a child means a man who is recognized | 4 | | as or presumed to be that child's father: | 5 | | (1) because of his marriage to or civil union with the | 6 | | child's parent at the time of the child's birth or within | 7 | | 300 days prior to that child's birth, unless he signed a | 8 | | denial of paternity pursuant to Section 12 of the Vital | 9 | | Records Act or a waiver pursuant to Section 10 of this Act; | 10 | | or | 11 | | (2) because his paternity of the child has been | 12 | | established pursuant to the Illinois Parentage Act, the | 13 | | Illinois Parentage Act of 1984, or the Gestational | 14 | | Surrogacy Act; or | 15 | | (3) because he is listed as the child's father or | 16 | | parent on the child's birth certificate, unless he is | 17 | | otherwise determined by an administrative or judicial | 18 | | proceeding not to be the parent of the child or unless he | 19 | | rescinds his acknowledgment of paternity pursuant to the | 20 | | Illinois Parentage Act of 1984; or | 21 | | (4) because his paternity or adoption of the child has | 22 | | been established by a court of competent jurisdiction. | 23 | | The definition in this subsection X shall not be construed | 24 | | to provide greater or lesser rights as to the number of parents | 25 | | who can be named on a final judgment order of adoption or | 26 | | Illinois birth certificate that otherwise exist under Illinois |
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| 1 | | law. | 2 | | Y. "Legal mother" of a child means a woman who is | 3 | | recognized as or presumed to be that child's mother: | 4 | | (1) because she gave birth to the child except as | 5 | | provided in the Gestational Surrogacy Act; or | 6 | | (2) because her maternity of the child has been | 7 | | established pursuant to the Illinois Parentage Act of 1984 | 8 | | or the Gestational Surrogacy Act; or | 9 | | (3) because her maternity or adoption of the child has | 10 | | been established by a court of competent jurisdiction; or | 11 | | (4) because of her marriage to or civil union with the | 12 | | child's other parent at the time of the child's birth or | 13 | | within 300 days prior to the time of birth; or | 14 | | (5) because she is listed as the child's mother or | 15 | | parent on the child's birth certificate unless she is | 16 | | otherwise determined by an administrative or judicial | 17 | | proceeding not to be the parent of the child. | 18 | | The definition in this subsection Y shall not be construed | 19 | | to provide greater or lesser rights as to the number of parents | 20 | | who can be named on a final judgment order of adoption or | 21 | | Illinois birth certificate that otherwise exist under Illinois | 22 | | law. | 23 | | Z. "Department" means the Illinois Department of Children | 24 | | and Family Services. | 25 | | AA. "Placement disruption" means a circumstance where the | 26 | | child is removed from an adoptive placement before the adoption |
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| 1 | | is finalized. | 2 | | BB. "Secondary placement" means a placement, including but | 3 | | not limited to the placement of a ward of the Department, that | 4 | | occurs after a placement disruption or an adoption dissolution. | 5 | | "Secondary placement" does not mean secondary placements | 6 | | arising due to the death of the adoptive parent of the child. | 7 | | CC. "Adoption dissolution" means a circumstance where the | 8 | | child is removed from an adoptive placement after the adoption | 9 | | is finalized. | 10 | | DD. "Unregulated placement" means the secondary placement | 11 | | of a child that occurs without the oversight of the courts, the | 12 | | Department, or a licensed child welfare agency. | 13 | | EE. "Post-placement and post-adoption support services" | 14 | | means support services for placed or adopted children and | 15 | | families that include, but are not limited to, counseling for | 16 | | emotional, behavioral, or developmental needs. | 17 | | (Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804, | 18 | | eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | 19 | | eff. 7-28-16; 99-836, eff. 1-1-17 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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