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90_HB0092ham002
LRB9000717PTdvam02
1 AMENDMENT TO HOUSE BILL 92
2 AMENDMENT NO. . Amend House Bill 92 by replacing the
3 title with the following:
4 "AN ACT concerning the care of children."; and
5 on page 1, immediately below line 27, by inserting the
6 following:
7 "Section 10. The Adoption Act is amended by changing
8 Section 1 as follows:
9 (750 ILCS 50/1) (from Ch. 40, par. 1501)
10 (Text of Section before amendment by P.A. 89-704)
11 Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13 A. "Child" means a person under legal age subject to
14 adoption under this Act.
15 B. "Related child" means a child subject to adoption
16 where either or both of the adopting parents stands in any of
17 the following relationships to the child by blood or
18 marriage: parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
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1 adoption or a final irrevocable surrender for purposes of
2 adoption, or whose parent has had his or her parental rights
3 terminated, is not a related child to that person.
4 C. "Agency" for the purpose of this Act means a public
5 child welfare agency or a licensed child welfare agency.
6 D. "Unfit person" means any person whom the court shall
7 find to be unfit to have a child, without regard to the
8 likelihood that the child will be placed for adoption. The
9 grounds of unfitness are any one or more of the following:
10 (a) Abandonment of the child.
11 (b) Failure to maintain a reasonable degree of
12 interest, concern or responsibility as to the child's
13 welfare.
14 (c) Desertion of the child for more than 3 months
15 next preceding the commencement of the Adoption
16 proceeding.
17 (d) Substantial neglect of the child if continuous
18 or repeated.
19 (e) Extreme or repeated cruelty to the child.
20 (f) Two or more findings of physical abuse to any
21 children under Section 4-8 of the Juvenile Court Act or
22 Section 2-21 of the Juvenile Court Act of 1987, the most
23 recent of which was determined by the juvenile court
24 hearing the matter to be supported by clear and
25 convincing evidence; a criminal conviction resulting from
26 the death of any child by physical child abuse; or a
27 finding of physical child abuse resulting from the death
28 of any child under Section 4-8 of the Juvenile Court Act
29 or Section 2-21 of the Juvenile Court Act of 1987.
30 (g) Failure to protect the child from conditions
31 within his environment injurious to the child's welfare.
32 (h) Other neglect of, or misconduct toward the
33 child; provided that in making a finding of unfitness the
34 court hearing the adoption proceeding shall not be bound
-3- LRB9000717PTdvam02
1 by any previous finding, order or judgment affecting or
2 determining the rights of the parents toward the child
3 sought to be adopted in any other proceeding except such
4 proceedings terminating parental rights as shall be had
5 under either this Act, the Juvenile Court Act or the
6 Juvenile Court Act of 1987.
7 (i) Depravity.
8 (j) Open and notorious adultery or fornication.
9 (j-1) Conviction of first degree murder in
10 violation of paragraph 1 or 2 of subsection (a) of
11 Section 9-1 of the Criminal Code of 1961 or conviction of
12 second degree murder in violation of subsection (a) of
13 Section 9-2 of the Criminal Code of 1961 of a parent of
14 the child to be adopted shall create a presumption of
15 unfitness that may be overcome only by clear and
16 convincing evidence.
17 (k) Habitual drunkenness or addiction to drugs,
18 other than those prescribed by a physician, for at least
19 one year immediately prior to the commencement of the
20 unfitness proceeding.
21 (l) Failure to demonstrate a reasonable degree of
22 interest, concern or responsibility as to the welfare of
23 a new born child during the first 30 days after its
24 birth.
25 (m) Failure by a parent to make reasonable efforts
26 to correct the conditions that were the basis for the
27 removal of the child from the parent, or to make
28 reasonable progress toward the return of the child to the
29 parent within 12 months after an adjudication of
30 neglected minor, abused minor or dependent minor under
31 the Juvenile Court Act or the Juvenile Court Act of 1987.
32 For purposes of this Act, following an adjudication
33 of neglected or abused minor or dependent minor under the
34 Juvenile Court Act of 1987 and the parent's failure to
-4- LRB9000717PTdvam02
1 correct the conditions leading to the determination, it
2 is conclusively presumed that reasonable efforts under
3 this subsection have failed upon a showing that:
4 (1) a child under the age of 12 has resided
5 out of the parental home under court order for more
6 than one year following an adjudication of abuse,
7 neglect or dependency under Section 2-21 of the
8 Juvenile Court Act of 1987;
9 (2) conditions leading to the determination
10 will not be corrected within the reasonably
11 foreseeable future; and
12 (3) reasonable efforts have been made by the
13 social service agency to rehabilitate the parent and
14 reunite the family.
15 This provision does not prohibit the termination of
16 parental rights prior to one year after a child has been
17 placed out of the home under this or other relevant
18 Sections of this Act.
19 It is also conclusively presumed that reasonable
20 efforts have failed under this subsection, and for
21 purposes of this subsection only, upon a showing that:
22 (1) the parent has been diagnosed as
23 chemically dependent by a professional certified to
24 make the diagnosis;
25 (2) the parent has been required by a case
26 plan to participate in a chemical dependency
27 treatment program;
28 (3) the parent has failed 2 or more times to
29 successfully complete a treatment program or has
30 refused at 2 or more separate meetings with a
31 caseworker to participate in a treatment program;
32 and
33 (4) the parent continues to abuse chemicals.
34 Provided, that this presumption applies only to
-5- LRB9000717PTdvam02
1 parents required by a case plan to participate in a
2 chemical dependency treatment program on or after the
3 effective date of this amendatory Act of 1997.
4 (n) Evidence of intent to forego his or her
5 parental rights, whether or not the child is a ward of
6 the court, (1) as manifested by his or her failure for a
7 period of 12 months: (i) to visit the child, (ii) to
8 communicate with the child or agency, although able to do
9 so and not prevented from doing so by an agency or by
10 court order, or (iii) to maintain contact with or plan
11 for the future of the child, although physically able to
12 do so, or (2) as manifested by the father's failure,
13 where he and the mother of the child were unmarried to
14 each other at the time of the child's birth, (i) to
15 commence legal proceedings to establish his paternity
16 under the Illinois Parentage Act of 1984 or the law of
17 the jurisdiction of the child's birth within 30 days of
18 being informed, pursuant to Section 12a of this Act, that
19 he is the father or the likely father of the child or,
20 after being so informed where the child is not yet born,
21 within 30 days of the child's birth, or (ii) to make a
22 good faith effort to pay a reasonable amount of the
23 expenses related to the birth of the child and to provide
24 a reasonable amount for the financial support of the
25 child, the court to consider in its determination all
26 relevant circumstances, including the financial condition
27 of both parents; provided that the ground for termination
28 provided in this subparagraph (n)(2)(ii) shall only be
29 available where the petition is brought by the mother or
30 the husband of the mother.
31 Contact or communication by a parent with his or her
32 child that does not demonstrate affection and concern
33 does not constitute reasonable contact and planning under
34 subdivision (n). In the absence of evidence to the
-6- LRB9000717PTdvam02
1 contrary, the ability to visit, communicate, maintain
2 contact, pay expenses and plan for the future shall be
3 presumed. The subjective intent of the parent, whether
4 expressed or otherwise, unsupported by evidence of the
5 foregoing parental acts manifesting that intent, shall
6 not preclude a determination that the parent has intended
7 to forego his or her parental rights. In making this
8 determination, the court may consider but shall not
9 require a showing of diligent efforts by an authorized
10 agency to encourage the parent to perform the acts
11 specified in subdivision (n).
12 It shall be an affirmative defense to any allegation
13 under paragraph (2) of this subsection that the father's
14 failure was due to circumstances beyond his control or to
15 impediments created by the mother or any other person
16 having legal custody. Proof of that fact need only be by
17 a preponderance of the evidence.
18 (o) repeated or continuous failure by the parents,
19 although physically and financially able, to provide the
20 child with adequate food, clothing, or shelter.
21 (p) inability to discharge parental
22 responsibilities supported by competent evidence from a
23 psychiatrist, licensed clinical social worker, or
24 clinical psychologist of mental impairment, mental
25 illness or mental retardation as defined in Section 1-116
26 of the Mental Health and Developmental Disabilities Code,
27 or developmental disability as defined in Section 1-106
28 of that Code, and there is sufficient justification to
29 believe that the inability to discharge parental
30 responsibilities shall extend beyond a reasonable time
31 period. However, this subdivision (p) shall not be
32 construed so as to permit a licensed clinical social
33 worker to conduct any medical diagnosis to determine
34 mental illness or mental impairment.
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1 (q) a finding of physical abuse of the child under
2 Section 4-8 of the Juvenile Court Act or Section 2-21 of
3 the Juvenile Court Act of 1987 and a criminal conviction
4 of aggravated battery of the child.
5 E. "Parent" means the father or mother of a legitimate
6 or illegitimate child. For the purpose of this Act, a person
7 who has executed a final and irrevocable consent to adoption
8 or a final and irrevocable surrender for purposes of
9 adoption, or whose parental rights have been terminated by a
10 court, is not a parent of the child who was the subject of
11 the consent or surrender.
12 F. A person is available for adoption when the person
13 is:
14 (a) a child who has been surrendered for adoption
15 to an agency and to whose adoption the agency has
16 thereafter consented;
17 (b) a child to whose adoption a person authorized
18 by law, other than his parents, has consented, or to
19 whose adoption no consent is required pursuant to Section
20 8 of this Act;
21 (c) a child who is in the custody of persons who
22 intend to adopt him through placement made by his
23 parents; or
24 (d) an adult who meets the conditions set forth in
25 Section 3 of this Act.
26 A person who would otherwise be available for adoption
27 shall not be deemed unavailable for adoption solely by reason
28 of his or her death.
29 G. The singular includes the plural and the plural
30 includes the singular and the "male" includes the "female",
31 as the context of this Act may require.
32 H. "Adoption disruption" occurs when an adoptive
33 placement does not prove successful and it becomes necessary
34 for the child to be removed from placement before the
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1 adoption is finalized.
2 I. "Foreign placing agency" is an agency or individual
3 operating in a country or territory outside the United States
4 that is authorized by its country to place children for
5 adoption either directly with families in the United States
6 or through United States based international agencies.
7 J. "Immediate relatives" means the biological parents,
8 the parents of the biological parents and siblings of the
9 biological parents;
10 K. "Intercountry adoption" is a process by which a child
11 from a country other than the United States is adopted.
12 L. "Intercountry Adoption Coordinator" is a staff person
13 of the Department of Children and Family Services appointed
14 by the Director to coordinate the provision of services by
15 the public and private sector to prospective parents of
16 foreign-born children.
17 M. "Interstate Compact on the Placement of Children" is
18 a law enacted by most states for the purpose of establishing
19 uniform procedures for handling the interstate placement of
20 children in foster homes, adoptive homes, or other child care
21 facilities.
22 N. "Non-Compact state" means a state that has not
23 enacted the Interstate Compact on the Placement of Children.
24 O. "Preadoption requirements" are any conditions
25 established by the laws or regulations of the Federal
26 Government or of each state that must be met prior to the
27 placement of a child in an adoptive home.
28 P. "Abused child" means a child whose parent or
29 immediate family member, or any person responsible for the
30 child's welfare, or any individual residing in the same home
31 as the child, or a paramour of the child's parent:
32 (a) inflicts, causes to be inflicted, or allows to
33 be inflicted upon the child physical injury, by other
34 than accidental means, that causes death, disfigurement,
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1 impairment of physical or emotional health, or loss or
2 impairment of any bodily function;
3 (b) creates a substantial risk of physical injury
4 to the child by other than accidental means which would
5 be likely to cause death, disfigurement, impairment of
6 physical or emotional health, or loss or impairment of
7 any bodily function;
8 (c) commits or allows to be committed any sex
9 offense against the child, as sex offenses are defined in
10 the Criminal Code of 1961 and extending those definitions
11 of sex offenses to include children under 18 years of
12 age;
13 (d) commits or allows to be committed an act or
14 acts of torture upon the child; or
15 (e) inflicts excessive corporal punishment.
16 Q. "Neglected child" means any child whose parent or
17 other person responsible for the child's welfare withholds
18 or denies nourishment or medically indicated treatment
19 including food or care denied solely on the basis of the
20 present or anticipated mental or physical impairment as
21 determined by a physician acting alone or in consultation
22 with other physicians or otherwise does not provide the
23 proper or necessary support, education as required by law, or
24 medical or other remedial care recognized under State law as
25 necessary for a child's well-being, or other care necessary
26 for his or her well-being, including adequate food, clothing
27 and shelter; or who is abandoned by his or her parents or
28 other person responsible for the child's welfare.
29 A child shall not be considered neglected or abused for
30 the sole reason that the child's parent or other person
31 responsible for his or her welfare depends upon spiritual
32 means through prayer alone for the treatment or cure of
33 disease or remedial care as provided under Section 4 of the
34 Abused and Neglected Child Reporting Act.
-10- LRB9000717PTdvam02
1 R. "Putative father" means a man who may be a child's
2 father, but who (1) is not married to the child's mother on
3 or before the date that the child was or is to be born and
4 (2) has not established paternity of the child in a court
5 proceeding before the filing of a petition for the adoption
6 of the child. The term includes a male who is less than 18
7 years of age.
8 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
9 1-24-95; 89-235, eff. 8-4-95.)
10 (Text of Section after amendment by P.A. 89-704)
11 Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13 A. "Child" means a person under legal age subject to
14 adoption under this Act.
15 B. "Related child" means a child subject to adoption
16 where either or both of the adopting parents stands in any of
17 the following relationships to the child by blood or
18 marriage: parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
22 adoption or a final irrevocable surrender for purposes of
23 adoption, or whose parent has had his or her parental rights
24 terminated, is not a related child to that person, unless the
25 consent is void pursuant to subsection O of Section 10.
26 C. "Agency" for the purpose of this Act means a public
27 child welfare agency or a licensed child welfare agency.
28 D. "Unfit person" means any person whom the court shall
29 find to be unfit to have a child, without regard to the
30 likelihood that the child will be placed for adoption. The
31 grounds of unfitness are any one or more of the following:
32 (a) Abandonment of the child.
33 (b) Failure to maintain a reasonable degree of
34 interest, concern or responsibility as to the child's
-11- LRB9000717PTdvam02
1 welfare.
2 (c) Desertion of the child for more than 3 months
3 next preceding the commencement of the Adoption
4 proceeding.
5 (d) Substantial neglect of the child if continuous
6 or repeated.
7 (d-1) Substantial neglect, if continuous or
8 repeated, of any child residing in the household which
9 resulted in the death of that child.
10 (e) Extreme or repeated cruelty to the child.
11 (f) Two or more findings of physical abuse to any
12 children under Section 4-8 of the Juvenile Court Act or
13 Section 2-21 of the Juvenile Court Act of 1987, the most
14 recent of which was determined by the juvenile court
15 hearing the matter to be supported by clear and
16 convincing evidence; a criminal conviction or a finding
17 of not guilty by reason of insanity resulting from the
18 death of any child by physical child abuse; or a finding
19 of physical child abuse resulting from the death of any
20 child under Section 4-8 of the Juvenile Court Act or
21 Section 2-21 of the Juvenile Court Act of 1987.
22 (g) Failure to protect the child from conditions
23 within his environment injurious to the child's welfare.
24 (h) Other neglect of, or misconduct toward the
25 child; provided that in making a finding of unfitness the
26 court hearing the adoption proceeding shall not be bound
27 by any previous finding, order or judgment affecting or
28 determining the rights of the parents toward the child
29 sought to be adopted in any other proceeding except such
30 proceedings terminating parental rights as shall be had
31 under either this Act, the Juvenile Court Act or the
32 Juvenile Court Act of 1987.
33 (i) Depravity.
34 (j) Open and notorious adultery or fornication.
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1 (j-1) Conviction of first degree murder in
2 violation of paragraph 1 or 2 of subsection (a) of
3 Section 9-1 of the Criminal Code of 1961 or conviction of
4 second degree murder in violation of subsection (a) of
5 Section 9-2 of the Criminal Code of 1961 of a parent of
6 the child to be adopted shall create a presumption of
7 unfitness that may be overcome only by clear and
8 convincing evidence.
9 (k) Habitual drunkenness or addiction to drugs,
10 other than those prescribed by a physician, for at least
11 one year immediately prior to the commencement of the
12 unfitness proceeding.
13 (l) Failure to demonstrate a reasonable degree of
14 interest, concern or responsibility as to the welfare of
15 a new born child during the first 30 days after its
16 birth.
17 (m) Failure by a parent to make reasonable efforts
18 to correct the conditions that were the basis for the
19 removal of the child from the parent, or to make
20 reasonable progress toward the return of the child to the
21 parent within 12 months after an adjudication of
22 neglected minor, abused minor or dependent minor under
23 the Juvenile Court Act or the Juvenile Court Act of 1987.
24 For purposes of this Act, following an adjudication
25 of neglected or abused minor or dependent minor under the
26 Juvenile Court Act of 1987 and the parent's failure to
27 correct the conditions leading to the determination, it
28 is conclusively presumed that reasonable efforts under
29 this subsection have failed upon a showing that:
30 (1) a child under the age of 12 has resided
31 out of the parental home under court order for more
32 than one year following an adjudication of abuse,
33 neglect or dependency under Section 2-21 of the
34 Juvenile Court Act of 1987;
-13- LRB9000717PTdvam02
1 (2) conditions leading to the determination
2 will not be corrected within the reasonably
3 foreseeable future; and
4 (3) reasonable efforts have been made by the
5 social service agency to rehabilitate the parent and
6 reunite the family.
7 This provision does not prohibit the termination of
8 parental rights prior to one year after a child has been
9 placed out of the home under this or other relevant
10 Sections of this Act.
11 It is also conclusively presumed that reasonable
12 efforts have failed under this subsection, and for
13 purposes of this subsection only, upon a showing that:
14 (1) the parent has been diagnosed as
15 chemically dependent by a professional certified to
16 make the diagnosis;
17 (2) the parent has been required by a case
18 plan to participate in a chemical dependency
19 treatment program;
20 (3) the parent has failed 2 or more times to
21 successfully complete a treatment program or has
22 refused at 2 or more separate meetings with a
23 caseworker to participate in a treatment program;
24 and
25 (4) the parent continues to abuse chemicals.
26 Provided, that this presumption applies only to
27 parents required by a case plan to participate in a
28 chemical dependency treatment program on or after the
29 effective date of this amendatory Act of 1997.
30 (n) Evidence of intent to forego his or her
31 parental rights, whether or not the child is a ward of
32 the court, (1) as manifested by his or her failure for a
33 period of 12 months: (i) to visit the child, (ii) to
34 communicate with the child or agency, although able to do
-14- LRB9000717PTdvam02
1 so and not prevented from doing so by an agency or by
2 court order, or (iii) to maintain contact with or plan
3 for the future of the child, although physically able to
4 do so, or (2) as manifested by the father's failure,
5 where he and the mother of the child were unmarried to
6 each other at the time of the child's birth, (i) to
7 commence legal proceedings to establish his paternity
8 under the Illinois Parentage Act of 1984 or the law of
9 the jurisdiction of the child's birth within 30 days of
10 being informed, pursuant to Section 12a of this Act, that
11 he is the father or the likely father of the child or,
12 after being so informed where the child is not yet born,
13 within 30 days of the child's birth, or (ii) to make a
14 good faith effort to pay a reasonable amount of the
15 expenses related to the birth of the child and to provide
16 a reasonable amount for the financial support of the
17 child, the court to consider in its determination all
18 relevant circumstances, including the financial condition
19 of both parents; provided that the ground for termination
20 provided in this subparagraph (n)(2)(ii) shall only be
21 available where the petition is brought by the mother or
22 the husband of the mother.
23 Contact or communication by a parent with his or her
24 child that does not demonstrate affection and concern
25 does not constitute reasonable contact and planning under
26 subdivision (n). In the absence of evidence to the
27 contrary, the ability to visit, communicate, maintain
28 contact, pay expenses and plan for the future shall be
29 presumed. The subjective intent of the parent, whether
30 expressed or otherwise, unsupported by evidence of the
31 foregoing parental acts manifesting that intent, shall
32 not preclude a determination that the parent has intended
33 to forego his or her parental rights. In making this
34 determination, the court may consider but shall not
-15- LRB9000717PTdvam02
1 require a showing of diligent efforts by an authorized
2 agency to encourage the parent to perform the acts
3 specified in subdivision (n).
4 It shall be an affirmative defense to any allegation
5 under paragraph (2) of this subsection that the father's
6 failure was due to circumstances beyond his control or to
7 impediments created by the mother or any other person
8 having legal custody. Proof of that fact need only be by
9 a preponderance of the evidence.
10 (o) repeated or continuous failure by the parents,
11 although physically and financially able, to provide the
12 child with adequate food, clothing, or shelter.
13 (p) inability to discharge parental
14 responsibilities supported by competent evidence from a
15 psychiatrist, licensed clinical social worker, or
16 clinical psychologist of mental impairment, mental
17 illness or mental retardation as defined in Section 1-116
18 of the Mental Health and Developmental Disabilities Code,
19 or developmental disability as defined in Section 1-106
20 of that Code, and there is sufficient justification to
21 believe that the inability to discharge parental
22 responsibilities shall extend beyond a reasonable time
23 period. However, this subdivision (p) shall not be
24 construed so as to permit a licensed clinical social
25 worker to conduct any medical diagnosis to determine
26 mental illness or mental impairment.
27 (q) a finding of physical abuse of the child under
28 Section 4-8 of the Juvenile Court Act or Section 2-21 of
29 the Juvenile Court Act of 1987 and a criminal conviction
30 of aggravated battery of the child.
31 E. "Parent" means the father or mother of a legitimate
32 or illegitimate child. For the purpose of this Act, a person
33 who has executed a final and irrevocable consent to adoption
34 or a final and irrevocable surrender for purposes of
-16- LRB9000717PTdvam02
1 adoption, or whose parental rights have been terminated by a
2 court, is not a parent of the child who was the subject of
3 the consent or surrender, unless the consent is void pursuant
4 to subsection O of Section 10.
5 F. A person is available for adoption when the person
6 is:
7 (a) a child who has been surrendered for adoption
8 to an agency and to whose adoption the agency has
9 thereafter consented;
10 (b) a child to whose adoption a person authorized
11 by law, other than his parents, has consented, or to
12 whose adoption no consent is required pursuant to Section
13 8 of this Act;
14 (c) a child who is in the custody of persons who
15 intend to adopt him through placement made by his
16 parents;
17 (c-1) a child for whom a parent has signed a
18 specific consent pursuant to subsection O of Section 10;
19 or
20 (d) an adult who meets the conditions set forth in
21 Section 3 of this Act.
22 A person who would otherwise be available for adoption
23 shall not be deemed unavailable for adoption solely by reason
24 of his or her death.
25 G. The singular includes the plural and the plural
26 includes the singular and the "male" includes the "female",
27 as the context of this Act may require.
28 H. "Adoption disruption" occurs when an adoptive
29 placement does not prove successful and it becomes necessary
30 for the child to be removed from placement before the
31 adoption is finalized.
32 I. "Foreign placing agency" is an agency or individual
33 operating in a country or territory outside the United States
34 that is authorized by its country to place children for
-17- LRB9000717PTdvam02
1 adoption either directly with families in the United States
2 or through United States based international agencies.
3 J. "Immediate relatives" means the biological parents,
4 the parents of the biological parents and siblings of the
5 biological parents;
6 K. "Intercountry adoption" is a process by which a child
7 from a country other than the United States is adopted.
8 L. "Intercountry Adoption Coordinator" is a staff person
9 of the Department of Children and Family Services appointed
10 by the Director to coordinate the provision of services by
11 the public and private sector to prospective parents of
12 foreign-born children.
13 M. "Interstate Compact on the Placement of Children" is
14 a law enacted by most states for the purpose of establishing
15 uniform procedures for handling the interstate placement of
16 children in foster homes, adoptive homes, or other child care
17 facilities.
18 N. "Non-Compact state" means a state that has not
19 enacted the Interstate Compact on the Placement of Children.
20 O. "Preadoption requirements" are any conditions
21 established by the laws or regulations of the Federal
22 Government or of each state that must be met prior to the
23 placement of a child in an adoptive home.
24 P. "Abused child" means a child whose parent or
25 immediate family member, or any person responsible for the
26 child's welfare, or any individual residing in the same home
27 as the child, or a paramour of the child's parent:
28 (a) inflicts, causes to be inflicted, or allows to
29 be inflicted upon the child physical injury, by other
30 than accidental means, that causes death, disfigurement,
31 impairment of physical or emotional health, or loss or
32 impairment of any bodily function;
33 (b) creates a substantial risk of physical injury
34 to the child by other than accidental means which would
-18- LRB9000717PTdvam02
1 be likely to cause death, disfigurement, impairment of
2 physical or emotional health, or loss or impairment of
3 any bodily function;
4 (c) commits or allows to be committed any sex
5 offense against the child, as sex offenses are defined in
6 the Criminal Code of 1961 and extending those definitions
7 of sex offenses to include children under 18 years of
8 age;
9 (d) commits or allows to be committed an act or
10 acts of torture upon the child; or
11 (e) inflicts excessive corporal punishment.
12 Q. "Neglected child" means any child whose parent or
13 other person responsible for the child's welfare withholds
14 or denies nourishment or medically indicated treatment
15 including food or care denied solely on the basis of the
16 present or anticipated mental or physical impairment as
17 determined by a physician acting alone or in consultation
18 with other physicians or otherwise does not provide the
19 proper or necessary support, education as required by law, or
20 medical or other remedial care recognized under State law as
21 necessary for a child's well-being, or other care necessary
22 for his or her well-being, including adequate food, clothing
23 and shelter; or who is abandoned by his or her parents or
24 other person responsible for the child's welfare.
25 A child shall not be considered neglected or abused for
26 the sole reason that the child's parent or other person
27 responsible for his or her welfare depends upon spiritual
28 means through prayer alone for the treatment or cure of
29 disease or remedial care as provided under Section 4 of the
30 Abused and Neglected Child Reporting Act.
31 R. "Putative father" means a man who may be a child's
32 father, but who (1) is not married to the child's mother on
33 or before the date that the child was or is to be born and
34 (2) has not established paternity of the child in a court
-19- LRB9000717PTdvam02
1 proceeding before the filing of a petition for the adoption
2 of the child. The term includes a male who is less than 18
3 years of age.
4 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
5 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
6 Section 95. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i)
11 the changes made by this Act or (ii) provisions derived from
12 any other Public Act.".