Full Text of HB0003 103rd General Assembly
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: | | |
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.
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the Reproductive | 5 | | Liberty and Justice Act. | 6 | | Section 3. Purpose. The purposes of this Act are to reduce | 7 | | racial and geographic inequities that currently preclude | 8 | | segments of the Illinois population from autonomously | 9 | | exercising
the fundamental rights and liberties provided by | 10 | | the Reproductive Health Act; to provide patients with a secure | 11 | | knowledge that the personal information they disclose to | 12 | | providers of reproductive health care services will remain | 13 | | private and confidential; to correct deficiencies in the | 14 | | implementation of Public Act 93-578, such that families who | 15 | | experience stillbirth are treated with dignity and respect by | 16 | | this State; and to ensure that the increasing number of | 17 | | patients traveling to Illinois from out-of-state for legal | 18 | | abortion care does not compound inequities in the availability | 19 | | of and access to maternity care among childbearing families | 20 | | who reside in Illinois.
| 21 | | Section 5. The Substance Use Disorder Act is amended by | 22 | | adding Section 35-15 as follows: |
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| 1 | | (20 ILCS 301/35-15 new) | 2 | | Sec. 35-15. Plans of Safe Care. The Division of Substance | 3 | | Use Prevention and Recovery, in consultation with the Illinois | 4 | | Perinatal Quality Collaborative or its successor organization, | 5 | | shall develop a standardized Plan of Safe Care form to support | 6 | | discharge planning for mothers and infants affected by | 7 | | prenatal substance exposure. Plans of Safe Care shall not be | 8 | | recorded in the State Central Registry described in Section 7 | 9 | | of the Abused and Neglected Child Reporting Act and shall not | 10 | | be discoverable or admissible as evidence in any proceeding | 11 | | pursuant to the Juvenile Court Act of 1987 or the Adoption Act | 12 | | unless the named party waives his or her right to | 13 | | confidentiality in writing. | 14 | | As used in this Section, "Plan of Safe Care" means a | 15 | | written or electronic document designed to ensure the safety | 16 | | and well-being of a newborn who has been identified by his or | 17 | | her healthcare provider as being affected by prenatal | 18 | | substance exposure or withdrawal symptoms, or a fetal alcohol | 19 | | spectrum disorder (FASD), and his or her gestational parent. | 20 | | Section 10. The Equity and Representation in Health Care | 21 | | Act 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 |
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| 1 | | delayed effective date ) | 2 | | Sec. 10. Definitions. As used in this Act: | 3 | | "Accredited school" means a college or university in which | 4 | | a degree in allopathic medicine, osteopathic medicine, | 5 | | dentistry, physical therapy, or an equivalent credential for a | 6 | | health program is earned and for which the Council for Higher | 7 | | Education Accreditation or its affiliates has determined that | 8 | | the school meets specific standards for its programs, faculty, | 9 | | and curriculum. | 10 | | "Advanced practice registered nurse" or "APRN" means an | 11 | | advanced practice registered nurse as defined under Section | 12 | | 50-10 of the Nurse Practice Act. | 13 | | "Allopathic medicine" means the use of pharmacological | 14 | | agents or physical interventions to treat or suppress symptoms | 15 | | or processes of diseases or conditions. | 16 | | "Applicant" means a health care professional or medical | 17 | | facility who applies for loan repayment assistance or | 18 | | scholarship funds under this Act. | 19 | | "Approved graduate training" means training in medicine, | 20 | | dentistry, or any other health profession that leads to | 21 | | eligibility for board certification, provides evidence of | 22 | | completion, and is approved by the appropriate health care | 23 | | professional's body. | 24 | | "Behavioral health provider" means a provider of a | 25 | | commonly recognized discipline in the behavioral health | 26 | | industry, including, but not limited to, licensed clinical |
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| 1 | | social workers, behavioral health therapists, certified | 2 | | marriage and family counselors, licensed social workers, and | 3 | | addiction counselors. | 4 | | "Breach of service obligation" means failure for any | 5 | | reason to begin or complete a contractual service commitment. | 6 | | "Commercial loan" means a loan made by a bank, credit | 7 | | union, savings and loan association, insurance company, | 8 | | school, or other financial institution. | 9 | | "Community health center" means a migrant health center, | 10 | | community health center, health care program for the homeless | 11 | | or for residents of public housing supported under Section 330 | 12 | | of the federal Public Health Service Act, or FQHC, including | 13 | | an FQHC Look-Alike, as designated by the U.S. Department of | 14 | | Health and Human Services, that operates at least one | 15 | | federally designated primary health care delivery site in | 16 | | Illinois. | 17 | | "Default" means failure to meet a legal obligation or | 18 | | condition of a loan. | 19 | | "Department" means the Department of Public Health. | 20 | | "Dental assistant" means a person who serves as a member | 21 | | of a dental care team, working directly with a dentist to | 22 | | perform duties that include, but are not limited to, assisting | 23 | | with dental procedures, preparing patients for procedures, | 24 | | preparing examinations, and sterilizing equipment. | 25 | | "Dentist" means a person licensed to practice dentistry | 26 | | under the Illinois Dental Practice Act. |
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| 1 | | "Director" means the Director of Public Health. | 2 | | "Equity and Representation in Health Care Workforce | 3 | | Repayment Program" or "Repayment Program" means the Equity and | 4 | | Representation in Health Care Workforce Repayment Program | 5 | | created under subsection (a) of Section 15. | 6 | | "Equity and Representation in Health Care Workforce | 7 | | Scholarship Program" or "Scholarship Program" means the Equity | 8 | | and Representation in Health Care Workforce Scholarship | 9 | | Program created under subsection (b) of Section 15. | 10 | | "Federally Qualified Health Center" or "FQHC" means a | 11 | | health center funded under Section 330 of the federal Public | 12 | | Health Service Act. | 13 | | "Federally Qualified Health Center Look-Alike" or "FQHC | 14 | | Look-Alike" means a health center that meets the requirements | 15 | | for receiving a grant under Section 330 of the federal Public | 16 | | Health Service Act but does not receive funding under that | 17 | | authority. | 18 | | "Government loan" means a loan made by a federal, State, | 19 | | county, or city agency authorized to make the loan. | 20 | | "Health care professional" means a physician, physician | 21 | | assistant, advanced practice registered nurse, nurse, licensed | 22 | | certified professional midwife, chiropractic physician, | 23 | | podiatrist, physical therapist, physical therapist assistant, | 24 | | occupational therapist, speech therapist, behavioral health | 25 | | provider, psychiatrist, psychologist, pharmacist, dentist, | 26 | | medical assistant, dental assistant, or dental hygienist. |
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| 1 | | "Health professional shortage area" or "HPSA" means a | 2 | | designation from the U.S. Department of Health and Human | 3 | | Services that indicates the shortage of primary medical care | 4 | | or dental or mental health providers. The designation may be | 5 | | geographic, such as a county or service area; demographic, | 6 | | such as low-income population; or institutional, such as a | 7 | | comprehensive health center, FQHC, or other public facility. | 8 | | "Lender" means the commercial or government entity that | 9 | | makes a qualifying loan. | 10 | | "Licensed certified professional midwife" means a person
| 11 | | who meets the requirements under Section 45 of
the Licensed | 12 | | Certified Professional Midwife Practice Act and
holds an | 13 | | active license to practice as a certified
professional midwife | 14 | | in Illinois. | 15 | | "Loan repayment award" or "award" means the amount of | 16 | | funding awarded to a recipient based upon his or her | 17 | | reasonable educational expenses, up to a maximum established | 18 | | by the program. | 19 | | "Loan repayment agreement" or "agreement" means the | 20 | | written instrument defining a legal relationship entered into | 21 | | between the Department and a recipient. | 22 | | "Medical assistant" means a person who serves as a member | 23 | | of a medical care team working directly with other providers | 24 | | to perform duties that include, but are not limited to, | 25 | | gathering patient information, taking vital signs, preparing | 26 | | patients for examinations, and assisting physicians during |
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| 1 | | examinations. | 2 | | "Medical facility" means a facility in which the delivery | 3 | | of health services is provided. A medical facility must be a | 4 | | nonprofit or public facility located in Illinois and includes | 5 | | the 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 | 16 | | designated by the U.S. Department of Health and Human | 17 | | Services' Health Resources and Services Administration as | 18 | | having too few primary care providers, high infant mortality, | 19 | | high poverty, or a high elderly population. | 20 | | "Nurse" means a person who is licensed as a licensed | 21 | | practical nurse or as a registered nurse under the Nurse | 22 | | Practice Act. | 23 | | "Osteopathic medicine" means medical practice based upon | 24 | | the theory that diseases are due to loss of structural | 25 | | integrity, which can be restored by manipulation of the parts | 26 | | and supplemented by therapeutic measures. |
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| 1 | | "Physical therapist" means an individual licensed as a | 2 | | physical therapist under the Illinois Physical Therapy Act. | 3 | | "Physical therapist assistant" means an individual | 4 | | licensed as a physical therapist assistant under the Illinois | 5 | | Physical Therapy Act.
| 6 | | "Physician" means a person licensed to practice medicine | 7 | | in all of its branches under the Medical Practice Act of 1987. | 8 | | "Physician assistant" means an individual licensed under | 9 | | the Physician Assistant Practice Act of 1987. | 10 | | "Primary care" means health care that encompasses | 11 | | prevention services, basic diagnostic and treatment services, | 12 | | and support services, including laboratory, radiology, | 13 | | transportation, and pharmacy services. | 14 | | "Psychiatrist" means a physician licensed to practice | 15 | | medicine in Illinois under the Medical Practice Act of 1987 | 16 | | who has successfully completed an accredited residency program | 17 | | in psychiatry. | 18 | | "Qualifying loan" means a government loan or commercial | 19 | | loan used for tuition and reasonable educational and living | 20 | | expenses related to undergraduate or graduate education that | 21 | | was obtained by the recipient prior to his or her application | 22 | | for loan repayment and that is contemporaneous with the | 23 | | education received. | 24 | | "Reasonable educational expenses" means costs for | 25 | | education, exclusive of tuition. These costs include, but are | 26 | | not limited to, fees, books, supplies, clinical travel, |
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| 1 | | educational equipment, materials, board certification, or | 2 | | licensing examinations. "Reasonable educational expenses" do | 3 | | not exceed the estimated standard budget for expenses for the | 4 | | degree program and for the years of enrollment. | 5 | | "Reasonable living expenses" means room and board, | 6 | | transportation, and commuting costs associated with the | 7 | | applicant's attendance and participation in an educational and | 8 | | workforce training program. "Reasonable living expenses" do | 9 | | not exceed the estimated standard budget for the recipient's | 10 | | degree program and for the years of enrollment. | 11 | | "Recognized training entity" means an entity approved by | 12 | | the Department to provide training and education for medical | 13 | | assistants and dental assistants. | 14 | | "Recipient" means a health care professional or medical | 15 | | facility that may use loan repayment funds. | 16 | | "Rural" has the same meaning that is used by the federal | 17 | | Health Resources and Services Administration to determine | 18 | | eligibility 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 | 22 | | changing 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 |
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| 1 | | of a fetus
following a spontaneous fetal demise occurring | 2 | | during or after a gestation period of less
than 20 completed | 3 | | weeks must notify the mother
of her right to arrange for
the | 4 | | burial or cremation of the fetus.
Notification may also | 5 | | include other options such as, but not limited to, a
ceremony, | 6 | | a certificate, or common burial or cremation of fetal tissue. | 7 | | If, within 24 hours
after being notified
under this Section, | 8 | | the mother elects in writing to arrange for the burial or
| 9 | | cremation of the fetus, the disposition of the fetus shall be | 10 | | subject to the
same laws and rules that apply in the case of a | 11 | | fetal death that occurs in this
State after a gestation period | 12 | | of 20 completed weeks or more. The
Department of Public Health | 13 | | shall develop forms to be used for notifications
and elections | 14 | | under this Section
and hospitals shall provide the forms to
| 15 | | the 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; | 19 | | notification. This Section may be referred to as Liam's Law. | 20 | | A hospital having custody of a fetus
following a | 21 | | spontaneous fetal death occurring during or after a gestation | 22 | | period of at least
20 completed weeks must notify the | 23 | | gestational parent
of the parent's right to receive a | 24 | | certificate of birth resulting in stillbirth as described in | 25 | | Section 20.5 of the Vital Records Act. The
Department of |
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| 1 | | Public Health shall develop a form to be used for notification | 2 | | under this Section
and hospitals shall provide the form to
the | 3 | | gestational parent. This form shall be known as a "Liam's Law | 4 | | notice." The Department of Public Health shall consult with | 5 | | the 2 Illinois-based Fetal Infant Mortality Review Project | 6 | | Community Action Teams, or their successor organizations, to | 7 | | ensure that any language included in the standardized "Liam's | 8 | | Law notice" is culturally sensitive to the needs of bereaved | 9 | | families. The "Liam's Law notice" shall be available in both | 10 | | English and Spanish. | 11 | | Section 20. The Birth Center Licensing Act is amended by | 12 | | changing 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 | 17 | | hospital: | 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 |
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| 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 | 10 | | registered nurse licensed in Illinois under the Nurse Practice | 11 | | Act with full practice authority or who is delegated such | 12 | | authority as part of a written collaborative agreement with a | 13 | | physician who is associated with the birthing center or who | 14 | | has privileges at a nearby birthing hospital. | 15 | | "Department" means the Illinois Department of Public | 16 | | Health. | 17 | | "Hospital" does not include places where pregnant females | 18 | | are received, cared for, or treated during delivery if it is in | 19 | | a licensed birth center, nor include any facility required to | 20 | | be licensed as a birth center. | 21 | | "Physician" means a physician licensed to practice | 22 | | medicine in all its branches in Illinois. | 23 | | "Reproductive health care" has the meaning ascribed to | 24 | | that term in Section 1-10 of the Reproductive Health Act.
| 25 | | (Source: P.A. 102-518, eff. 8-20-21.) |
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| 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 | 4 | | hospital: | 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 | 21 | | registered nurse licensed in Illinois under the Nurse Practice | 22 | | Act with full practice authority or who is delegated such | 23 | | authority as part of a written collaborative agreement with a | 24 | | physician who is associated with the birthing center or who | 25 | | has privileges at a nearby birthing hospital. | 26 | | "Department" means the Illinois Department of Public |
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| 1 | | Health. | 2 | | "Hospital" does not include places where pregnant females | 3 | | are received, cared for, or treated during delivery if it is in | 4 | | a licensed birth center, nor include any facility required to | 5 | | be licensed as a birth center. | 6 | | "Licensed certified professional midwife" means a person | 7 | | who has successfully met the requirements under Section 45 of | 8 | | the Licensed Certified Professional Midwife Practice Act and | 9 | | holds an active license to practice as a licensed certified | 10 | | professional midwife in Illinois. | 11 | | "Physician" means a physician licensed to practice | 12 | | medicine in all its branches in Illinois.
| 13 | | "Reproductive health care" has the meaning ascribed to | 14 | | that 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 | 18 | | health care services. | 19 | | (a) In this Section, "co-located facility" means a | 20 | | facility licensed in accordance with rules adopted by the | 21 | | Department under subsection (c). | 22 | | (b) Notwithstanding any other provision of law, a birth | 23 | | center licensed under this Act, a birth center operating under | 24 | | the Alternative Health Care Delivery Act, or any licensed | 25 | | provider of abortion services and birth control services |
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| 1 | | on-site may be co-located at the same facility. | 2 | | (c) The Department shall adopt rules creating a licensing | 3 | | scheme and designation for co-located facilities. | 4 | | (d) A co-located facility shall provide essential | 5 | | reproductive health care services according to a sliding fee | 6 | | schedule for uninsured patients, such as the Sliding Fee | 7 | | Discount Program's fee schedule used by Federally Qualified | 8 | | Health Centers. The essential reproductive health care | 9 | | services include, but are not limited to, all of the | 10 | | following: | 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, |
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| 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 | 15 | | essential reproductive health care services described under | 16 | | subsection (d) to a patient seeking access to any of those | 17 | | services on the basis of his or her immigration status, state | 18 | | or territory of residence, insurance status, or of any other | 19 | | characteristic protected under the Illinois Human Rights Act. | 20 | | (f) A co-located facility must obtain a certificate of | 21 | | need from the Health Facilities and Services Review Board | 22 | | under the Health Facilities Planning Act to operate an | 23 | | obstetric bed unit with a bed capacity of no more than 8 beds. | 24 | | (g) A co-located facility shall link and integrate labor | 25 | | and delivery services with at least one hospital with a | 26 | | minimum Level 3 perinatal designation. |
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| 1 | | (h) A co-located facility shall be eligible to receive | 2 | | funding through the Department of Human Services for | 3 | | programming described in subsections (h) and (i) of Section | 4 | | 35-5 of the Substance Use Disorder Act. | 5 | | Section 25. The Licensed Certified Professional Midwife | 6 | | Practice 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 | 11 | | any 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 |
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| 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 | 24 | | administer Schedule II through IV controlled substances. | 25 | | Subject to a prescription by a health care professional, | 26 | | Schedule V controlled substances may be administered by |
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| 1 | | licensed certified professional midwives.
| 2 | | (Source: P.A. 102-683, eff. 10-1-22 .) | 3 | | Section 30. The Abused and Neglected Child Reporting Act | 4 | | is amended by changing Sections 3, 5, and 7.3 and by adding | 5 | | Section 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 | 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 | 14 | | adult resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under | 16 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 17 | | includes a transitional living program that accepts children | 18 | | and adult residents for placement who are in the guardianship | 19 | | of the 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 | 24 | | the danger without exercising precautionary measures to |
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| 1 | | protect the child from harm. With respect to a person working | 2 | | at an agency in his or her professional capacity with a child | 3 | | or adult resident, "blatant disregard" includes a failure by | 4 | | the person to perform job responsibilities intended to protect | 5 | | the child's or adult resident's health, physical well-being, | 6 | | or welfare, and, when viewed in light of the surrounding | 7 | | circumstances, evidence exists that would cause a reasonable | 8 | | person to believe that the child was neglected. With respect | 9 | | to an agency, "blatant disregard" includes a failure to | 10 | | implement practices that ensure the health, physical | 11 | | well-being, or welfare of the children and adult residents | 12 | | residing in the facility. | 13 | | "CAPTA notification" refers to notification to the | 14 | | Department of an infant who has been born and identified as | 15 | | affected by prenatal substance exposure or a fetal alcohol | 16 | | spectrum disorder as required under the federal Child Abuse | 17 | | Prevention and Treatment Act. | 18 | | "Child" means any person under the age of 18 years, unless | 19 | | legally
emancipated by reason of marriage or entry into a | 20 | | branch of the United
States armed services. | 21 | | "Department" means Department of Children and Family | 22 | | Services. | 23 | | "Local law enforcement agency" means the police of a city, | 24 | | town,
village or other incorporated area or the sheriff of an | 25 | | unincorporated
area or any sworn officer of the Illinois State | 26 | | Police. |
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| 1 | | "Abused child"
means a child whose parent or immediate | 2 | | family
member,
or any person responsible for the child's | 3 | | welfare, or any individual
residing in the same home as the | 4 | | child, 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; |
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| 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 | 22 | | that the child
has been relinquished in accordance with the | 23 | | Abandoned Newborn Infant
Protection Act. | 24 | | "Neglected child" means any child who is not receiving the | 25 | | proper or
necessary nourishment or medically indicated | 26 | | treatment including food or care
not provided solely on the |
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| 1 | | basis of the present or anticipated mental or
physical | 2 | | impairment as determined by a physician acting alone or in
| 3 | | consultation with other physicians or otherwise is not | 4 | | receiving the proper or
necessary support or medical or other | 5 | | remedial care recognized under State law
as necessary for a | 6 | | child's well-being, or other care necessary for his or her
| 7 | | well-being, including adequate food, clothing and shelter; or | 8 | | who is subjected to an environment which is injurious insofar | 9 | | as (i) the child's environment creates a likelihood of harm to | 10 | | the child's health, physical well-being, or welfare and (ii) | 11 | | the likely harm to the child is the result of a blatant | 12 | | disregard of parent, caretaker, person responsible for the | 13 | | child's welfare, or agency responsibilities; or who is | 14 | | abandoned
by his or her parents or other person responsible | 15 | | for the child's welfare
without a proper plan of care; or who | 16 | | has been provided with interim crisis intervention services | 17 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | 18 | | parent, guardian, or custodian refuses to
permit
the child to | 19 | | return home and no other living arrangement agreeable
to the | 20 | | parent, guardian, or custodian can be made, and the parent, | 21 | | guardian, or custodian has not made any other appropriate | 22 | | living arrangement for the child ; or who is a newborn infant | 23 | | whose blood, urine,
or meconium
contains any amount of a | 24 | | controlled substance as defined in subsection (f) of
Section | 25 | | 102 of the Illinois Controlled Substances Act or a metabolite | 26 | | thereof,
with the exception of a controlled substance or |
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| 1 | | metabolite thereof whose
presence in the newborn infant is the | 2 | | result of medical treatment administered
to the mother or the | 3 | | newborn infant . A child shall not be considered neglected
for | 4 | | the sole reason that the child's parent or other person | 5 | | responsible for his
or her welfare has left the child in the | 6 | | care of an adult relative for any
period of time. A child shall | 7 | | not be considered neglected for the sole reason
that the child | 8 | | has been relinquished in accordance with the Abandoned Newborn
| 9 | | Infant Protection Act. A child shall not be considered | 10 | | neglected or abused
for the
sole reason that such child's | 11 | | parent or other person responsible for his or her
welfare | 12 | | depends upon spiritual means through prayer alone for the | 13 | | treatment or
cure of disease or remedial care as provided | 14 | | under Section 4 of this Act. A
child shall not be considered | 15 | | neglected or abused solely because the child is
not attending | 16 | | school in accordance with the requirements of Article 26 of | 17 | | The
School Code, as amended. | 18 | | "Child Protective Service Unit" means certain specialized | 19 | | State employees of
the Department assigned by the Director to | 20 | | perform the duties and
responsibilities as provided under | 21 | | Section 7.2 of this Act. | 22 | | "Near fatality" means an act that, as certified by a | 23 | | physician, places the child in serious or critical condition, | 24 | | including acts of great bodily harm inflicted upon children | 25 | | under 13 years of age, and as otherwise defined by Department | 26 | | rule. |
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| 1 | | "Great bodily harm" includes bodily injury which creates a | 2 | | high probability of death, or which causes serious permanent | 3 | | disfigurement, or which causes a permanent or protracted loss | 4 | | or impairment of the function of any bodily member or organ, or | 5 | | other serious bodily harm. | 6 | | "Person responsible for the child's welfare" means the | 7 | | child's parent;
guardian; foster parent; relative caregiver; | 8 | | any person responsible for the
child's welfare in a public or | 9 | | private residential agency or institution; any
person | 10 | | responsible for the child's welfare within a public or private | 11 | | profit or
not for profit child care facility; or any other | 12 | | person responsible for the
child's welfare at the time of the | 13 | | alleged abuse or neglect, including any person who commits or | 14 | | allows to be committed, against the child, the offense of | 15 | | involuntary servitude, involuntary sexual servitude of a | 16 | | minor, or trafficking in persons for forced labor or services, | 17 | | as provided in Section 10-9 of the Criminal Code of 2012, | 18 | | including, but not limited to, the custodian of the minor, or | 19 | | any person who
came to know the child through an official | 20 | | capacity or position of trust,
including, but not limited to, | 21 | | health care professionals, educational personnel,
recreational | 22 | | supervisors, members of the clergy, and volunteers or
support | 23 | | personnel in any setting
where children may be subject to | 24 | | abuse or neglect. | 25 | | "Temporary protective custody" means custody within a | 26 | | hospital or
other medical facility or a place previously |
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| 1 | | designated for such custody
by the Department, subject to | 2 | | review by the Court, including a licensed
foster home, group | 3 | | home, or other institution; but such place shall not
be a jail | 4 | | or other place for the detention of criminal or juvenile | 5 | | offenders. | 6 | | "An unfounded report" means any report made under this Act | 7 | | for which
it is determined after an investigation that no | 8 | | credible evidence of
abuse or neglect exists. | 9 | | "An indicated report" means a report made under this Act | 10 | | if an
investigation determines that credible evidence of the | 11 | | alleged
abuse or neglect exists. | 12 | | "An undetermined report" means any report made under this | 13 | | Act in
which it was not possible to initiate or complete an | 14 | | investigation on
the basis of information provided to the | 15 | | Department. | 16 | | "Subject of report" means any child reported to the | 17 | | central register
of child abuse and neglect established under | 18 | | Section 7.7 of this Act as an alleged victim of child abuse or | 19 | | neglect and
the parent or guardian of the alleged victim or | 20 | | other person responsible for the alleged victim's welfare who | 21 | | is named in the report or added to the report as an alleged | 22 | | perpetrator of child abuse or neglect. | 23 | | "Perpetrator" means a person who, as a result of | 24 | | investigation, has
been determined by the Department to have | 25 | | caused child abuse or neglect. | 26 | | "Member of the clergy" means a clergyman or practitioner |
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| 1 | | of any religious
denomination accredited by the religious body | 2 | | to which he or she belongs. | 3 | | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | 4 | | 102-813, eff. 5-13-22.) | 5 | | (325 ILCS 5/3.5 new) | 6 | | Sec. 3.5. CAPTA notification. The Department shall develop | 7 | | a standardized CAPTA notification form that is separate and | 8 | | distinct from the form for written confirmation reports of | 9 | | child abuse or neglect as described in Section 7 of this Act. A | 10 | | CAPTA notification shall not be treated as a report of | 11 | | suspected child abuse or neglect under this Act. CAPTA | 12 | | notifications shall not be recorded in the State Central | 13 | | Registry and shall not be discoverable or admissible as | 14 | | evidence in any proceeding pursuant to the Juvenile Court Act | 15 | | of 1987 or the Adoption Act unless the named party waives his | 16 | | or 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, | 19 | | designated
employee of the Department, or a physician treating | 20 | | a child may take or
retain temporary protective custody of the | 21 | | child without the consent of
the person responsible for the | 22 | | child's welfare, if (1) he has reason to
believe that there | 23 | | exists a substantial and imminent risk of death, serious | 24 | | illness, or severe personal injury to the child if he or she is |
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| 1 | | not immediately removed from his or her the
child cannot be | 2 | | cared for at home or from in the
custody of the
person | 3 | | responsible for the child's welfare without endangering the | 4 | | child's
health or safety ; and (2) there is not time to apply
| 5 | | for a court order under the Juvenile Court Act of 1987 for | 6 | | temporary
custody of the child. The person taking or retaining | 7 | | a child in temporary
protective custody shall immediately make | 8 | | every reasonable effort to
notify the person responsible for | 9 | | the child's welfare and shall
immediately notify the | 10 | | Department. The Department shall provide to the
temporary | 11 | | caretaker of a child any information in the Department's
| 12 | | possession concerning the positive results of a test performed | 13 | | on the child
to determine the presence of the antibody or | 14 | | antigen to Human
Immunodeficiency Virus (HIV), or of HIV | 15 | | infection, as well as any
communicable diseases or | 16 | | communicable infections that the child has. The
temporary | 17 | | caretaker of a child shall not disclose to another person any
| 18 | | information received by the temporary caretaker from the | 19 | | Department
concerning the results of a test performed on the | 20 | | child to determine the
presence of the antibody or antigen to | 21 | | HIV, or of HIV infection, except
pursuant to Section 9 of the | 22 | | AIDS Confidentiality Act, as now or hereafter
amended. The | 23 | | Department shall promptly
initiate proceedings under the | 24 | | Juvenile Court Act of 1987 for the
continued temporary custody | 25 | | of the child.
| 26 | | Where the physician keeping a child in his custody does so |
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| 1 | | in his
capacity as a member of the staff of a hospital or | 2 | | similar institution,
he shall notify the person in charge of | 3 | | the institution or his
designated agent, who shall then become | 4 | | responsible for the further care
of such child in the hospital | 5 | | or similar institution under the direction
of the Department.
| 6 | | Said care includes, but is not limited to the granting of | 7 | | permission
to perform emergency medical treatment to a minor | 8 | | where the treatment itself
does not involve a substantial risk | 9 | | of harm to the minor and the failure
to render such treatment | 10 | | will likely result in death or permanent harm to
the minor, and | 11 | | there is not time to apply for a court order under the Juvenile
| 12 | | Court Act of 1987.
| 13 | | Any person authorized and acting in good faith in the | 14 | | removal of a
child under this Section shall have immunity from | 15 | | any liability, civil
or criminal that might otherwise be | 16 | | incurred or imposed as a result of
such removal. Any physician | 17 | | authorized and acting in good faith and in
accordance with | 18 | | acceptable medical practice in the treatment of a child
under | 19 | | this Section shall have immunity from any liability, civil or | 20 | | criminal,
that might otherwise be incurred or imposed as a | 21 | | result of granting permission
for emergency treatment.
| 22 | | With respect to any child taken into temporary protective | 23 | | custody
pursuant to this Section, the Department of Children | 24 | | and Family Services
Guardianship Administrator or his designee | 25 | | shall be deemed the child's
legally authorized
representative | 26 | | for purposes of consenting to an HIV test if deemed
necessary |
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| 1 | | and appropriate by the Department's Guardianship Administrator | 2 | | or
designee and
obtaining and disclosing information | 3 | | concerning such test
pursuant to the AIDS Confidentiality Act | 4 | | if deemed necessary and
appropriate by the Department's | 5 | | Guardianship Administrator or designee and
for purposes of
| 6 | | consenting to the release
of information pursuant to the | 7 | | Illinois Sexually Transmissible Disease
Control Act if deemed | 8 | | necessary and appropriate by the Department's
Guardianship | 9 | | Administrator or designee.
| 10 | | Any person who administers an HIV test upon the consent of | 11 | | the Department
of Children and Family Services Guardianship | 12 | | Administrator or his designee,
or who discloses the results of | 13 | | such tests to the Department's Guardianship
Administrator or | 14 | | his designee, shall have immunity from any liability,
civil, | 15 | | criminal or otherwise, that might result by reason of such | 16 | | actions.
For the purpose of any proceedings, civil or | 17 | | criminal, the good faith of
any persons required to administer | 18 | | or disclose the results of tests, or
permitted to take such | 19 | | actions, 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 | 23 | | responsible for receiving
and investigating reports of child | 24 | | abuse or neglect made under this Act,
including reports of | 25 | | adult resident abuse or neglect as defined in this Act, except |
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| 1 | | where investigations by other agencies may be required with
| 2 | | respect to reports alleging the abuse or neglect of a child by | 3 | | a person who is not the child's parent, a member of the child's | 4 | | immediate family, a person responsible for the child's | 5 | | welfare, an individual residing in the same home as the child, | 6 | | or a paramour of the child's parent, the death of a child, | 7 | | serious injury to a child
or sexual abuse to a child made | 8 | | pursuant to Sections 4.1 or 7 of this Act,
and except that the | 9 | | Department may delegate the performance of the
investigation | 10 | | to the Illinois State Police, a law enforcement agency
and to | 11 | | those private social service agencies which have been | 12 | | designated for
this purpose by the Department prior to July 1, | 13 | | 1980.
| 14 | | (b) Notwithstanding any other provision of this Act, the | 15 | | Department shall adopt rules expressly allowing law | 16 | | enforcement personnel to investigate reports of suspected | 17 | | child abuse or neglect concurrently with the Department, | 18 | | without regard to whether the Department determines a report | 19 | | to be "indicated" or "unfounded" or deems a report to be | 20 | | "undetermined".
| 21 | | (b-1) It shall be unlawful for any person described in | 22 | | paragraphs (1), (2), (3), and (10) of subsection (a) of | 23 | | Section 4 to disclose to the Department or to any law | 24 | | enforcement agency the results of: | 25 | | (1) any verbal screening questions concerning drug or | 26 | | alcohol use of a pregnant or postpartum person; |
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| 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 | 6 | | disclose a patient or client's confidential information | 7 | | described under paragraphs (1), (2), or (3) to a law | 8 | | enforcement agency or to the Department unless a law | 9 | | enforcement agency has successfully obtained and furnished a | 10 | | search warrant issued under Section 108-3 of the Code of | 11 | | Criminal Procedure of 1963. | 12 | | Any person who knowingly and willfully violates any | 13 | | provision of this Section is guilty of a Class A misdemeanor | 14 | | for a first violation and a Class 4 felony for a second or | 15 | | subsequent violation. | 16 | | (c) By June 1, 2016, the Department shall adopt rules that | 17 | | address and set forth criteria and standards relevant to | 18 | | investigations of reports of abuse or neglect committed by any | 19 | | agency, as defined in Section 3 of this Act, or person working | 20 | | for an agency responsible for the welfare of a child or adult | 21 | | resident. | 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 | 25 | | is amended by repealing Section 4.4.
|
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| 1 | | Section 40. The Medical Patient Rights Act is amended by | 2 | | changing 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 | 6 | | Act, every woman has the following rights with regard to | 7 | | pregnancy and childbirth: | 8 | | (1) The right to receive health care before, during, | 9 | | and after pregnancy and childbirth. | 10 | | (2) The right to receive care for 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 |
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| 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 |
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| 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 | 21 | | Healthcare and Family Services, Department of Children and | 22 | | Family Services, and Department of Human Services shall post, | 23 | | either by physical or electronic means, information about | 24 | | these rights on their publicly available websites. Every | 25 | | health care provider, day care center licensed under the Child | 26 | | Care Act of 1969, Head Start, and community center shall post |
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| 1 | | information about these rights in a prominent place and on | 2 | | their websites, if applicable. | 3 | | (c) The Department of Public Health shall adopt rules to | 4 | | implement this Section. | 5 | | (d) Nothing in this Section or any rules adopted under | 6 | | subsection (c) shall be construed to require a physician, | 7 | | health care professional, hospital, hospital affiliate, or | 8 | | health care provider to provide care inconsistent with | 9 | | generally accepted medical standards or available capabilities | 10 | | or 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 | 15 | | as otherwise provided under this subsection, a patient has the | 16 | | right for a physician, health care provider, health services | 17 | | corporation, or insurance company to administer any of the | 18 | | following medical tests without disclosing the results of the | 19 | | test to a State or local law enforcement agency or to the | 20 | | Department 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. |
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| 1 | | (3) Any toxicology test administered to a newborn. | 2 | | A physician, health care provider, health services | 3 | | corporation, or insurance company who administers a medical | 4 | | test described under paragraph (1), (2), or (3) may disclose | 5 | | the results of the test to a law enforcement agency or to the | 6 | | Department of Children and Family Services if a law | 7 | | enforcement agency has successfully obtained and furnished a | 8 | | search warrant issued under Section 108-3 of the Code of | 9 | | Criminal Procedure of 1963. | 10 | | (b) A health care provider shall not disclose any private | 11 | | information regarding a patient's reproductive health care to | 12 | | any out-of-state law enforcement person or entity unless | 13 | | disclosure of the information has been authorized pursuant to | 14 | | a State or federal court order. | 15 | | (c) The rights described under this Section are granted to | 16 | | any person who is capable of becoming pregnant and who seeks | 17 | | reproductive health care within the borders of Illinois. | 18 | | (d) Any person who knowingly and willfully violates any | 19 | | provision of this Section is guilty of a Class A misdemeanor | 20 | | for a first violation and a Class 4 felony for a second or | 21 | | subsequent violation. | 22 | | (e) In this Section, "reproductive health care" has the | 23 | | same meaning as provided in Section 1-10 of the Reproductive | 24 | | Health Act. | 25 | | Section 45. The Illinois Health and Hazardous Substances |
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| 1 | | Registry 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 | 4 | | requires otherwise:
| 5 | | (a) "Department" means the Illinois Department of Public | 6 | | Health.
| 7 | | (b) "Director" means the Director of the Illinois | 8 | | Department of Public
Health.
| 9 | | (c) "Council" means the Health and Hazardous Substances | 10 | | Coordinating
Council created by this Act.
| 11 | | (d) "Registry" means the Illinois Health and Hazardous | 12 | | Substances Registry
established by the Department of Public | 13 | | Health under
Section 6 of this Act.
| 14 | | (e) "Cancer" means all malignant neoplasms, regardless of | 15 | | the tissue of
origin, including malignant lymphoma and | 16 | | leukemia.
| 17 | | (f) "Cancer incidence" means a medical diagnosis of | 18 | | cancer, consisting
of a record of cases of cancer and | 19 | | specified cases of tumorous or
precancerous diseases which | 20 | | occur in Illinois, and such other information
concerning these | 21 | | cases as the Department deems necessary or appropriate in
| 22 | | order to conduct thorough and complete epidemiological surveys | 23 | | of cancer
and cancer-related diseases in Illinois.
| 24 | | (g) "Occupational disease" includes but is not limited to | 25 | | all occupational
diseases covered by the Workers' Occupational |
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| 1 | | Diseases Act.
| 2 | | (h) "Hazardous substances" means a hazardous substance as | 3 | | defined in the
Environmental Protection Act.
| 4 | | (i) "Hazardous substances incident" includes but is not | 5 | | limited to a
spill, fire, or accident involving hazardous | 6 | | substances, illegal disposal,
transportation, or use of | 7 | | hazardous substances, and complaints or permit
violations | 8 | | involving hazardous substances.
| 9 | | (j) "Company profile" includes but is not limited to the | 10 | | name of any
company operating in the State
of Illinois which | 11 | | generates, uses, disposes of or transports hazardous
| 12 | | substances, identification of the types of permits issued in | 13 | | such company's
name relating to transactions involving | 14 | | hazardous substances, inventory of
hazardous substances | 15 | | handled by such company, and the manner in which such
| 16 | | hazardous substances are used, disposed of, or transported by | 17 | | the company.
| 18 | | (k) "Hazardous nuclear material" means (1) any source or | 19 | | special
nuclear material intended for use or used as an energy | 20 | | source in a
production or utilization facility as defined in | 21 | | Sec. 11.v. or 11.cc. of
the federal Atomic Energy Act of 1954 | 22 | | as amended; (2) any fuel which has
been discharged from such a | 23 | | facility following irradiation, the constituent
elements of | 24 | | which have not been separated by reprocessing; or (3) any
| 25 | | by-product material resulting from operation of such a | 26 | | facility.
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| 1 | | (l)
"Adverse pregnancy outcome" includes , but is not | 2 | | limited to ,
birth defects, spontaneous fetal death after 20 | 3 | | weeks of completed gestation fetal loss , infant mortality, low | 4 | | birth weight, neonatal abstinence syndrome, newborn affected | 5 | | by prenatal substance exposure, fetal alcohol spectrum | 6 | | disorders, selected
life-threatening conditions, and other | 7 | | developmental disabilities as
defined by the Department.
| 8 | | "Neonatal abstinence syndrome" refers to the collection of | 9 | | signs and symptoms that occur when a newborn prenatally | 10 | | exposed to prescribed, diverted, or illicit opiates | 11 | | experiences opioid withdrawal. This syndrome is primarily | 12 | | characterized by irritability, tremors, feeding problems, | 13 | | vomiting, diarrhea, sweating, and in some cases, seizures. | 14 | | "Newborn affected by prenatal substance exposure" means an | 15 | | infant born and identified as being affected by substance | 16 | | abuse or withdrawal symptoms resulting from prenatal exposure | 17 | | to controlled substances or a fetal alcohol spectrum disorder. | 18 | | The healthcare provider involved in the delivery or care of | 19 | | the newborn determines whether the infant is affected by | 20 | | prenatal substance exposure or withdrawal symptoms. | 21 | | (m) "News medium" means any newspaper or other periodical | 22 | | issued at regular intervals, whether in print or electronic | 23 | | format, and having a general circulation; a news service, | 24 | | whether in print or electronic format; a radio station, a | 25 | | television station; a television network; a community antenna | 26 | | television service; and any person or corporation engaged in |
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| 1 | | the making of news reels or other motion picture news for | 2 | | public showing. | 3 | | (n) "Researcher" means an individual who is affiliated | 4 | | with or supported by universities, academic centers, research | 5 | | institutions, hospitals, and governmental entities who conduct | 6 | | scientific 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 | 9 | | Sections 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 | 13 | | gestation
period of 20 completed weeks ( or and when the mother | 14 | | elects in writing to
arrange for the burial or cremation of the | 15 | | fetus under Section 11.4 of the
Hospital Licensing Act) or | 16 | | more shall be registered with the local or
subregistrar of the | 17 | | district in which the delivery occurred within 7 days
after | 18 | | the delivery and before removal of the fetus from the State,
| 19 | | except 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.
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| 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 | 19 | | signed within 24
hours after delivery by the certifying health | 20 | | care professional in attendance at or after delivery,
except | 21 | | when investigation is required under Division 3-3 of Article 3 | 22 | | of the
Counties Code and except as provided by regulation in | 23 | | special
problem cases.
| 24 | | (3) When a fetal death occurs without medical attendance | 25 | | upon the mother
at or after the delivery, or when | 26 | | investigation is required under Division
3-3 of Article 3 of |
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| 1 | | the Counties Code, the coroner shall be responsible for
the | 2 | | completion of the fetal death certificate and shall sign the | 3 | | medical
certification within 24 hours after the delivery or | 4 | | the finding of the
fetus, except as provided by regulation in | 5 | | special 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 | 10 | | form for a
certificate of birth resulting in stillbirth. The | 11 | | certificate shall be in the
same format as a certificate of | 12 | | live birth prepared under Section 12 and shall
be filed in the | 13 | | same manner as a certificate of live birth.
| 14 | | (b) After each fetal death that occurs in this State after | 15 | | a gestation
period of at least 20 26 completed weeks, or, in | 16 | | cases where gestational age is uncertain, where the fetus | 17 | | weighs at least 350 grams, the person who files a fetal death
| 18 | | certificate in connection with that death as required under | 19 | | Section 20 shall,
only upon request by the parent woman who | 20 | | delivered the stillborn fetus,
also prepare a certificate of
| 21 | | birth resulting in stillbirth. The person shall
prepare the | 22 | | certificate on the form prescribed and furnished by the State
| 23 | | Registrar and in accordance with the rules adopted by the | 24 | | State Registrar.
| 25 | | (b-5) A person who files a fetal death
certificate as |
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| 1 | | described under subsection (b) shall notify the gestational | 2 | | parent of the stillborn of that parent's right to request and | 3 | | receive a certificate of birth resulting in stillbirth under | 4 | | subsection (b). The Department shall develop forms for | 5 | | notification under this subsection. This form shall be titled | 6 | | and known as a "Liam's Law notice." | 7 | | (c) If the stillborn's parent or parents do not wish to | 8 | | provide a name
for the stillborn, the person who prepares the | 9 | | certificate of
birth resulting in stillbirth shall leave blank | 10 | | any references to the stillborn's
name.
| 11 | | (d) When a stillbirth occurs in this State and the | 12 | | stillbirth has not
been registered within one year after the | 13 | | delivery, a certificate marked
"delayed" may be filed and | 14 | | registered in accordance with regulations adopted by
the State | 15 | | Registrar. The certificate must show on its face the date of
| 16 | | registration.
| 17 | | (e) In the case of a fetal death that occurred in this | 18 | | State after a
gestation period of at least 20 26 completed | 19 | | weeks or, in cases where gestational age is uncertain, where | 20 | | the fetus weighs at least 350 grams, and before the effective | 21 | | date
of this amendatory Act of the 103rd General Assembly this | 22 | | amendatory Act of the 93rd General Assembly , a parent of the | 23 | | stillborn
child may request that the person who filed a fetal | 24 | | death certificate in
connection with that death as required | 25 | | under Section 20 shall also prepare a
certificate of birth | 26 | | resulting in stillbirth with respect to the fetus. If a
parent |
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| 1 | | of a stillborn makes such a request under this subsection (e), | 2 | | the
person who filed a fetal death certificate shall prepare | 3 | | the certificate of
birth resulting in stillbirth and file it | 4 | | with the designated registrar within
30 days after the request | 5 | | by the parent.
| 6 | | (Source: P.A. 93-578, eff. 8-21-03.)
| 7 | | Section 55. The Juvenile Court Act of 1987 is amended by | 8 | | changing 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 |
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| 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, |
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| 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 | 9 | | or physical health,
safety, or welfare of that minor or the | 10 | | period of time was unreasonable shall
be determined by | 11 | | considering the following factors, including but not limited
| 12 | | to: | 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 |
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| 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 |
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| 1 | | reason that the
minor has been relinquished in accordance with | 2 | | the Abandoned Newborn Infant
Protection Act. | 3 | | (2) Those who are abused include any minor under 18 years | 4 | | of age or a minor 18 years of age or older for whom the court | 5 | | has made a finding of probable cause to believe that the minor | 6 | | is abused, neglected, or dependent under subsection (1) of | 7 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 8 | | or immediate family member, or any person responsible
for the | 9 | | minor's welfare, or any person who is in the same family or | 10 | | household
as the minor, or any individual residing in the same | 11 | | home 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 |
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| 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 | 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 | | (4) The changes made by this amendatory Act of the 101st | 22 | | General Assembly apply to a case that is pending on or after | 23 | | the effective date of this amendatory Act of the 101st General | 24 | | Assembly. | 25 | | (Source: P.A. 101-79, eff. 7-12-19.) |
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| 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 | 4 | | consider only the
question whether the minor is abused, | 5 | | neglected or dependent. The standard of
proof and the rules of | 6 | | evidence in the nature of civil proceedings in this
State are | 7 | | applicable to proceedings under this Article. If the petition | 8 | | also
seeks the appointment of a guardian of the person with
| 9 | | power to consent to adoption of the minor under Section 2-29, | 10 | | the court may
also consider legally admissible evidence at the | 11 | | adjudicatory hearing that one
or more grounds of unfitness | 12 | | exists under subdivision D of Section 1 of the
Adoption Act. | 13 | | (2) In any hearing under this Act, the following shall | 14 | | constitute prima
facie evidence of abuse or neglect, as the | 15 | | case 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; |
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| 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
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| 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 |
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| 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, | 4 | | neglect or dependency
of one minor shall be admissible | 5 | | evidence on the issue of the abuse, neglect or
dependency of | 6 | | any other minor for whom the respondent is responsible. | 7 | | (4) (a) Any writing, record, photograph or x-ray of any | 8 | | hospital or public
or private agency, whether in the form of an | 9 | | entry in a book or otherwise,
made as a memorandum or record of | 10 | | any condition, act, transaction, occurrence
or event relating | 11 | | to a minor in an abuse, neglect or
dependency proceeding, | 12 | | shall be
admissible in evidence as proof of that condition, | 13 | | act, transaction, occurrence
or event, if the court finds that | 14 | | the document was made in the regular course
of the business of | 15 | | the hospital or agency and that it was in the regular
course of | 16 | | such business to make it, at the time of the act, transaction,
| 17 | | occurrence or event, or within a reasonable time thereafter. A | 18 | | certification
by the head or responsible employee of the | 19 | | hospital or agency that the writing,
record, photograph or | 20 | | x-ray is the full and complete record of the condition,
act, | 21 | | transaction, occurrence or event and that it satisfies the | 22 | | conditions
of this paragraph shall be prima facie evidence of | 23 | | the facts contained in
such certification. A certification by | 24 | | someone other than the head of the
hospital or agency shall be | 25 | | accompanied by a photocopy of a delegation of
authority signed | 26 | | by both the head of the hospital or agency and by such
other |
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| 1 | | employee. All other circumstances of the making of the | 2 | | memorandum,
record, photograph or x-ray, including lack of | 3 | | personal knowledge of the
maker, may be proved to affect the | 4 | | weight to be accorded such evidence,
but shall not affect its | 5 | | admissibility. | 6 | | (b) Any indicated report filed pursuant to the Abused and | 7 | | Neglected Child
Reporting Act shall be admissible in evidence. | 8 | | (c) Previous statements made by the minor relating to any | 9 | | allegations
of abuse or neglect shall be admissible in | 10 | | evidence. However, no such
statement, if uncorroborated and | 11 | | not subject to cross-examination, shall be
sufficient in | 12 | | itself to support a finding of abuse or neglect. | 13 | | (d) There shall be a rebuttable presumption that a minor | 14 | | is competent
to testify in abuse or neglect proceedings. The | 15 | | court shall determine how
much weight to give to the minor's | 16 | | testimony, and may allow the minor to
testify in chambers with | 17 | | only the court, the court reporter and attorneys
for the | 18 | | parties present. | 19 | | (e) The privileged character of communication between any | 20 | | professional
person and patient or client, except privilege | 21 | | between attorney and client,
shall not apply to proceedings | 22 | | subject to this Article. | 23 | | (f) Proof of the impairment of emotional health or | 24 | | impairment of mental
or emotional condition as a result of the | 25 | | failure of the respondent to exercise
a minimum degree of care | 26 | | toward a minor may include competent opinion or
expert |
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| 1 | | testimony, and may include proof that such impairment lessened | 2 | | during
a period when the minor was in the care, custody or | 3 | | supervision of a person
or agency other than the respondent. | 4 | | (5) In any hearing under this Act alleging neglect for | 5 | | failure to
provide education as required by law under | 6 | | subsection (1) of Section 2-3,
proof that a minor under 13 | 7 | | years of age who is subject to compulsory
school attendance | 8 | | under the School Code is a chronic truant as defined
under the | 9 | | School Code shall be prima facie evidence of neglect by the
| 10 | | parent or guardian in any hearing under this Act and proof that | 11 | | a minor who
is 13 years of age or older who is subject to | 12 | | compulsory school attendance
under the School Code is a | 13 | | chronic truant shall raise a rebuttable
presumption of neglect | 14 | | by the parent or guardian. This subsection (5)
shall not apply | 15 | | in counties with 2,000,000 or more inhabitants. | 16 | | (6) In any hearing under this Act, the court may take | 17 | | judicial notice of
prior sworn testimony or evidence admitted | 18 | | in prior proceedings involving
the same minor if (a) the | 19 | | parties were either represented by counsel at such
prior | 20 | | proceedings or the right to counsel was knowingly waived and | 21 | | (b) the
taking of judicial notice would not result in | 22 | | admitting hearsay evidence at a
hearing where it would | 23 | | otherwise be prohibited. | 24 | | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; | 25 | | 97-1150, eff. 1-25-13.) |
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| 1 | | Section 60. The Adoption Act is amended by changing | 2 | | Section 1 as follows:
| 3 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 4 | | Sec. 1. Definitions. When used in this Act, unless the | 5 | | context
otherwise requires:
| 6 | | A. "Child" means a person under legal age subject to | 7 | | adoption under
this Act.
| 8 | | B. "Related child" means a child subject to adoption where | 9 | | either or both of
the adopting parents stands in any of the | 10 | | following relationships to the child
by blood, marriage, | 11 | | adoption, or civil union: parent, grand-parent, | 12 | | great-grandparent, brother, sister, step-parent,
| 13 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 14 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 15 | | person is related to the child as a first cousin or second | 16 | | cousin if they are both related to the same ancestor as either | 17 | | grandchild or great-grandchild. A child whose parent has | 18 | | executed
a consent to adoption, a surrender, or a waiver | 19 | | pursuant to Section 10 of this Act or whose parent has signed a | 20 | | denial of paternity pursuant to Section 12 of the Vital | 21 | | Records Act or Section 12a of this Act, or whose parent has had | 22 | | his or her parental rights
terminated, is not a related child | 23 | | to that person, unless (1) the consent is
determined to be void | 24 | | or is void pursuant to subsection O of Section 10 of this Act;
| 25 | | or (2) the parent of the child executed a consent to adoption |
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|
| 1 | | by a specified person or persons pursuant to subsection A-1 of | 2 | | Section 10 of this Act and a court of competent jurisdiction | 3 | | finds that such consent is void; or (3) the order terminating | 4 | | the parental rights of the parent is vacated by a court of | 5 | | competent jurisdiction.
| 6 | | C. "Agency" for the purpose of this Act means a public | 7 | | child welfare agency
or a licensed child welfare agency.
| 8 | | D. "Unfit person" means any person whom the court shall | 9 | | find to be unfit
to have a child, without regard to the | 10 | | likelihood that the child will be
placed for adoption. The | 11 | | grounds of unfitness are any one or more
of the following, | 12 | | except that a person shall not be considered an unfit
person | 13 | | for the sole reason that the person has relinquished a child in
| 14 | | accordance 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.
|
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| 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.
|
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| 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 |
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| 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.
|
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 | 15 | | father of the child as defined in subsection X or Y of this | 16 | | Section. For the purpose of this Act, a parent who has executed | 17 | | a consent to adoption, a surrender, or a waiver pursuant to | 18 | | Section 10 of this Act, who has signed a Denial of Paternity | 19 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 20 | | of this Act, or whose parental rights have been terminated by a | 21 | | court, is not a parent of the child who was the subject of the | 22 | | consent, surrender, waiver, or denial unless (1) the consent | 23 | | is void pursuant to subsection O of Section 10 of this Act; or | 24 | | (2) the person executed a consent to adoption by a specified | 25 | | person or persons pursuant to subsection A-1 of Section 10 of | 26 | | this Act and a court of competent jurisdiction finds that the |
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| 1 | | consent is void; or (3) the order terminating the parental | 2 | | rights of the person is vacated by a court of competent | 3 | | jurisdiction.
| 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 | 21 | | shall not be
deemed unavailable for adoption solely by reason | 22 | | of his or her death.
| 23 | | G. The singular includes the plural and the plural | 24 | | includes
the singular and the "male" includes the "female", as | 25 | | the context of this
Act may require.
| 26 | | H. (Blank).
|
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| 1 | | I. "Habitual residence" has the meaning ascribed to it in | 2 | | the federal Intercountry Adoption Act of 2000 and regulations | 3 | | promulgated thereunder.
| 4 | | J. "Immediate relatives" means the biological parents, the | 5 | | parents of
the biological parents and siblings of the | 6 | | biological parents.
| 7 | | K. "Intercountry adoption" is a process by which a child | 8 | | from a country
other than the United States is adopted by | 9 | | persons who are habitual residents of the United States, or | 10 | | the child is a habitual resident of the United States who is | 11 | | adopted by persons who are habitual residents of a country | 12 | | other than the United States.
| 13 | | L. (Blank).
| 14 | | M. "Interstate Compact on the Placement of Children" is a | 15 | | law enacted by all
states and certain territories for the | 16 | | purpose of establishing uniform procedures for handling
the | 17 | | interstate placement of children in foster homes, adoptive | 18 | | homes, or
other child care facilities.
| 19 | | N. (Blank).
| 20 | | O. "Preadoption requirements" means any conditions or | 21 | | standards established by the laws or administrative rules of | 22 | | this State that must be met by a prospective adoptive parent
| 23 | | prior to the placement of a child in an adoptive home.
| 24 | | P. "Abused child" means a child whose parent or immediate | 25 | | family member,
or any person responsible for the child's | 26 | | welfare, or any individual
residing in the same home as the |
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| 1 | | child, 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 | 20 | | person
responsible for the child's welfare withholds or denies | 21 | | nourishment or
medically indicated treatment including food or | 22 | | care denied solely on the
basis of the present or anticipated | 23 | | mental or physical impairment as determined
by a physician | 24 | | acting alone or in consultation with other physicians or
| 25 | | otherwise does not provide the proper or necessary support, | 26 | | education
as required by law, or medical or other remedial |
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| 1 | | care recognized under State
law as necessary for a child's | 2 | | well-being, or other care necessary for his
or her well-being, | 3 | | including adequate food, clothing and shelter; or who
is | 4 | | abandoned by his or her parents or other person responsible | 5 | | for the child's
welfare.
| 6 | | A child shall not be considered neglected or abused for | 7 | | the
sole reason that the child's parent or other person | 8 | | responsible for his
or her welfare depends upon spiritual | 9 | | means through prayer alone for the
treatment or cure of | 10 | | disease or remedial care as provided under Section 4
of the | 11 | | Abused and Neglected Child Reporting Act.
A child shall not be | 12 | | considered neglected or abused for the sole reason that
the | 13 | | child's parent or other person responsible for the child's | 14 | | welfare failed
to vaccinate, delayed vaccination, or refused | 15 | | vaccination for the child
due to a waiver on religious or | 16 | | medical grounds as permitted by law.
| 17 | | R. "Putative father" means a man who may be a child's | 18 | | father, but who (1) is
not married to the child's mother on or | 19 | | before the date that the child was or
is to be born and (2) has | 20 | | not established paternity of the child in a court
proceeding | 21 | | before the filing of a petition for the adoption of the child. | 22 | | The
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 | 24 | | as a result of criminal sexual abuse
or assault as defined | 25 | | under Article 11 of the Criminal Code of 2012.
| 26 | | S. "Standby adoption" means an adoption in which a parent
|
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| 1 | | consents to custody and termination of parental rights to | 2 | | become
effective upon the occurrence of a future event, which | 3 | | is either the death of
the
parent or the request of the parent
| 4 | | for the entry of a final judgment of adoption.
| 5 | | T. (Blank).
| 6 | | T-5. "Biological parent", "birth parent", or "natural | 7 | | parent" of a child are interchangeable terms that mean a | 8 | | person who is biologically or genetically related to that | 9 | | child as a parent. | 10 | | U. "Interstate adoption" means the placement of a minor | 11 | | child with a prospective adoptive parent for the purpose of | 12 | | pursuing an adoption for that child that is subject to the | 13 | | provisions of the Interstate Compact on the Placement of | 14 | | Children. | 15 | | V. (Blank). | 16 | | W. (Blank). | 17 | | X. "Legal father" of a child means a man who is recognized | 18 | | as 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 |
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| 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 | 12 | | to provide greater or lesser rights as to the number of parents | 13 | | who can be named on a final judgment order of adoption or | 14 | | Illinois birth certificate that otherwise exist under Illinois | 15 | | law. | 16 | | Y. "Legal mother" of a child means a woman who is | 17 | | recognized 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 |
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| 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 | 7 | | to provide greater or lesser rights as to the number of parents | 8 | | who can be named on a final judgment order of adoption or | 9 | | Illinois birth certificate that otherwise exist under Illinois | 10 | | law. | 11 | | Z. "Department" means the Illinois Department of Children | 12 | | and Family Services. | 13 | | AA. "Placement disruption" means a circumstance where the | 14 | | child is removed from an adoptive placement before the | 15 | | adoption is finalized. | 16 | | BB. "Secondary placement" means a placement, including but | 17 | | not limited to the placement of a youth in care as defined in | 18 | | Section 4d of the Children and Family Services Act, that | 19 | | occurs after a placement disruption or an adoption | 20 | | dissolution. "Secondary placement" does not mean secondary | 21 | | placements arising due to the death of the adoptive parent of | 22 | | the child. | 23 | | CC. "Adoption dissolution" means a circumstance where the | 24 | | child is removed from an adoptive placement after the adoption | 25 | | is finalized. | 26 | | DD. "Unregulated placement" means the secondary placement |
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| 1 | | of a child that occurs without the oversight of the courts, the | 2 | | Department, or a licensed child welfare agency. | 3 | | EE. "Post-placement and post-adoption support services" | 4 | | means support services for placed or adopted children and | 5 | | families that include, but are not limited to, mental health | 6 | | treatment, including counseling and other support services for | 7 | | emotional, behavioral, or developmental needs, and treatment | 8 | | for substance abuse. | 9 | | FF. "Youth in care" has the meaning provided in Section 4d | 10 | | of the Children and Family Services Act. | 11 | | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | 12 | | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
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INDEX
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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 5/3 | from Ch. 23, par. 2053 | | 11 | | 325 ILCS 5/3.5 new | | | 12 | | 325 ILCS 5/5 | from Ch. 23, par. 2055 | | 13 | | 325 ILCS 5/7.3 | from 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 525/3 | from Ch. 111 1/2, par. 6703 | | 18 | | 410 ILCS 535/20 | from Ch. 111 1/2, par. 73-20 | | 19 | | 410 ILCS 535/20.5 | | | 20 | | 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 | | 21 | | 705 ILCS 405/2-18 | from Ch. 37, par. 802-18 | | 22 | | 750 ILCS 50/1 | from Ch. 40, par. 1501 |
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