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90_HB0092ham003
LRB9000717PTmbam01
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 above line 28, 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
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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 (n) Evidence of intent to forego his or her
33 parental rights, whether or not the child is a ward of
34 the court, (1) as manifested by his or her failure for a
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1 period of 12 months: (i) to visit the child, (ii) to
2 communicate with the child or agency, although able to do
3 so and not prevented from doing so by an agency or by
4 court order, or (iii) to maintain contact with or plan
5 for the future of the child, although physically able to
6 do so, or (2) as manifested by the father's failure,
7 where he and the mother of the child were unmarried to
8 each other at the time of the child's birth, (i) to
9 commence legal proceedings to establish his paternity
10 under the Illinois Parentage Act of 1984 or the law of
11 the jurisdiction of the child's birth within 30 days of
12 being informed, pursuant to Section 12a of this Act, that
13 he is the father or the likely father of the child or,
14 after being so informed where the child is not yet born,
15 within 30 days of the child's birth, or (ii) to make a
16 good faith effort to pay a reasonable amount of the
17 expenses related to the birth of the child and to provide
18 a reasonable amount for the financial support of the
19 child, the court to consider in its determination all
20 relevant circumstances, including the financial condition
21 of both parents; provided that the ground for termination
22 provided in this subparagraph (n)(2)(ii) shall only be
23 available where the petition is brought by the mother or
24 the husband of the mother.
25 Contact or communication by a parent with his or her
26 child that does not demonstrate affection and concern
27 does not constitute reasonable contact and planning under
28 subdivision (n). In the absence of evidence to the
29 contrary, the ability to visit, communicate, maintain
30 contact, pay expenses and plan for the future shall be
31 presumed. The subjective intent of the parent, whether
32 expressed or otherwise, unsupported by evidence of the
33 foregoing parental acts manifesting that intent, shall
34 not preclude a determination that the parent has intended
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1 to forego his or her parental rights. In making this
2 determination, the court may consider but shall not
3 require a showing of diligent efforts by an authorized
4 agency to encourage the parent to perform the acts
5 specified in subdivision (n).
6 It shall be an affirmative defense to any allegation
7 under paragraph (2) of this subsection that the father's
8 failure was due to circumstances beyond his control or to
9 impediments created by the mother or any other person
10 having legal custody. Proof of that fact need only be by
11 a preponderance of the evidence.
12 (o) repeated or continuous failure by the parents,
13 although physically and financially able, to provide the
14 child with adequate food, clothing, or shelter.
15 (p) inability to discharge parental
16 responsibilities supported by competent evidence from a
17 psychiatrist, licensed clinical social worker, or
18 clinical psychologist of mental impairment, mental
19 illness or mental retardation as defined in Section 1-116
20 of the Mental Health and Developmental Disabilities Code,
21 or developmental disability as defined in Section 1-106
22 of that Code, and there is sufficient justification to
23 believe that the inability to discharge parental
24 responsibilities shall extend beyond a reasonable time
25 period. However, this subdivision (p) shall not be
26 construed so as to permit a licensed clinical social
27 worker to conduct any medical diagnosis to determine
28 mental illness or mental impairment.
29 (q) a finding of physical abuse of the child under
30 Section 4-8 of the Juvenile Court Act or Section 2-21 of
31 the Juvenile Court Act of 1987 and a criminal conviction
32 of aggravated battery of the child.
33 (r) a finding of physical abuse, neglect, or
34 dependency under Article II of the Juvenile Court Act of
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1 1987 of 2 or more siblings of the child who is under the
2 age of 12 and who have been residing outside of the home
3 for more than one year.
4 E. "Parent" means the father or mother of a legitimate
5 or illegitimate child. For the purpose of this Act, a person
6 who has executed a final and irrevocable consent to adoption
7 or a final and irrevocable surrender for purposes of
8 adoption, or whose parental rights have been terminated by a
9 court, is not a parent of the child who was the subject of
10 the consent or surrender.
11 F. A person is available for adoption when the person
12 is:
13 (a) a child who has been surrendered for adoption
14 to an agency and to whose adoption the agency has
15 thereafter consented;
16 (b) a child to whose adoption a person authorized
17 by law, other than his parents, has consented, or to
18 whose adoption no consent is required pursuant to Section
19 8 of this Act;
20 (c) a child who is in the custody of persons who
21 intend to adopt him through placement made by his
22 parents; or
23 (d) an adult who meets the conditions set forth in
24 Section 3 of this Act.
25 A person who would otherwise be available for adoption
26 shall not be deemed unavailable for adoption solely by reason
27 of his or her death.
28 G. The singular includes the plural and the plural
29 includes the singular and the "male" includes the "female",
30 as the context of this Act may require.
31 H. "Adoption disruption" occurs when an adoptive
32 placement does not prove successful and it becomes necessary
33 for the child to be removed from placement before the
34 adoption is finalized.
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1 I. "Foreign placing agency" is an agency or individual
2 operating in a country or territory outside the United States
3 that is authorized by its country to place children for
4 adoption either directly with families in the United States
5 or through United States based international agencies.
6 J. "Immediate relatives" means the biological parents,
7 the parents of the biological parents and siblings of the
8 biological parents;
9 K. "Intercountry adoption" is a process by which a child
10 from a country other than the United States is adopted.
11 L. "Intercountry Adoption Coordinator" is a staff person
12 of the Department of Children and Family Services appointed
13 by the Director to coordinate the provision of services by
14 the public and private sector to prospective parents of
15 foreign-born children.
16 M. "Interstate Compact on the Placement of Children" is
17 a law enacted by most states for the purpose of establishing
18 uniform procedures for handling the interstate placement of
19 children in foster homes, adoptive homes, or other child care
20 facilities.
21 N. "Non-Compact state" means a state that has not
22 enacted the Interstate Compact on the Placement of Children.
23 O. "Preadoption requirements" are any conditions
24 established by the laws or regulations of the Federal
25 Government or of each state that must be met prior to the
26 placement of a child in an adoptive home.
27 P. "Abused child" means a child whose parent or
28 immediate family member, or any person responsible for the
29 child's welfare, or any individual residing in the same home
30 as the child, or a paramour of the child's parent:
31 (a) inflicts, causes to be inflicted, or allows to
32 be inflicted upon the child physical injury, by other
33 than accidental means, that causes death, disfigurement,
34 impairment of physical or emotional health, or loss or
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1 impairment of any bodily function;
2 (b) creates a substantial risk of physical injury
3 to the child by other than accidental means which would
4 be likely to cause death, disfigurement, impairment of
5 physical or emotional health, or loss or impairment of
6 any bodily function;
7 (c) commits or allows to be committed any sex
8 offense against the child, as sex offenses are defined in
9 the Criminal Code of 1961 and extending those definitions
10 of sex offenses to include children under 18 years of
11 age;
12 (d) commits or allows to be committed an act or
13 acts of torture upon the child; or
14 (e) inflicts excessive corporal punishment.
15 Q. "Neglected child" means any child whose parent or
16 other person responsible for the child's welfare withholds
17 or denies nourishment or medically indicated treatment
18 including food or care denied solely on the basis of the
19 present or anticipated mental or physical impairment as
20 determined by a physician acting alone or in consultation
21 with other physicians or otherwise does not provide the
22 proper or necessary support, education as required by law, or
23 medical or other remedial care recognized under State law as
24 necessary for a child's well-being, or other care necessary
25 for his or her well-being, including adequate food, clothing
26 and shelter; or who is abandoned by his or her parents or
27 other person responsible for the child's welfare.
28 A child shall not be considered neglected or abused for
29 the sole reason that the child's parent or other person
30 responsible for his or her welfare depends upon spiritual
31 means through prayer alone for the treatment or cure of
32 disease or remedial care as provided under Section 4 of the
33 Abused and Neglected Child Reporting Act.
34 R. "Putative father" means a man who may be a child's
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1 father, but who (1) is not married to the child's mother on
2 or before the date that the child was or is to be born and
3 (2) has not established paternity of the child in a court
4 proceeding before the filing of a petition for the adoption
5 of the child. The term includes a male who is less than 18
6 years of age.
7 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
8 1-24-95; 89-235, eff. 8-4-95.)
9 (Text of Section after amendment by P.A. 89-704)
10 Sec. 1. Definitions. When used in this Act, unless the
11 context otherwise requires:
12 A. "Child" means a person under legal age subject to
13 adoption under this Act.
14 B. "Related child" means a child subject to adoption
15 where either or both of the adopting parents stands in any of
16 the following relationships to the child by blood or
17 marriage: parent, grand-parent, brother, sister, step-parent,
18 step-grandparent, step-brother, step-sister, uncle, aunt,
19 great-uncle, great-aunt, or cousin of first degree. A child
20 whose parent has executed a final irrevocable consent to
21 adoption or a final irrevocable surrender for purposes of
22 adoption, or whose parent has had his or her parental rights
23 terminated, is not a related child to that person, unless the
24 consent is void pursuant to subsection O of Section 10.
25 C. "Agency" for the purpose of this Act means a public
26 child welfare agency or a licensed child welfare agency.
27 D. "Unfit person" means any person whom the court shall
28 find to be unfit to have a child, without regard to the
29 likelihood that the child will be placed for adoption. The
30 grounds of unfitness are any one or more of the following:
31 (a) Abandonment of the child.
32 (b) Failure to maintain a reasonable degree of
33 interest, concern or responsibility as to the child's
34 welfare.
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1 (c) Desertion of the child for more than 3 months
2 next preceding the commencement of the Adoption
3 proceeding.
4 (d) Substantial neglect of the child if continuous
5 or repeated.
6 (d-1) Substantial neglect, if continuous or
7 repeated, of any child residing in the household which
8 resulted in the death of that child.
9 (e) Extreme or repeated cruelty to the child.
10 (f) Two or more findings of physical abuse to any
11 children under Section 4-8 of the Juvenile Court Act or
12 Section 2-21 of the Juvenile Court Act of 1987, the most
13 recent of which was determined by the juvenile court
14 hearing the matter to be supported by clear and
15 convincing evidence; a criminal conviction or a finding
16 of not guilty by reason of insanity resulting from the
17 death of any child by physical child abuse; or a finding
18 of physical child abuse resulting from the death of any
19 child under Section 4-8 of the Juvenile Court Act or
20 Section 2-21 of the Juvenile Court Act of 1987.
21 (g) Failure to protect the child from conditions
22 within his environment injurious to the child's welfare.
23 (h) Other neglect of, or misconduct toward the
24 child; provided that in making a finding of unfitness the
25 court hearing the adoption proceeding shall not be bound
26 by any previous finding, order or judgment affecting or
27 determining the rights of the parents toward the child
28 sought to be adopted in any other proceeding except such
29 proceedings terminating parental rights as shall be had
30 under either this Act, the Juvenile Court Act or the
31 Juvenile Court Act of 1987.
32 (i) Depravity.
33 (j) Open and notorious adultery or fornication.
34 (j-1) Conviction of first degree murder in
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1 violation of paragraph 1 or 2 of subsection (a) of
2 Section 9-1 of the Criminal Code of 1961 or conviction of
3 second degree murder in violation of subsection (a) of
4 Section 9-2 of the Criminal Code of 1961 of a parent of
5 the child to be adopted shall create a presumption of
6 unfitness that may be overcome only by clear and
7 convincing evidence.
8 (k) Habitual drunkenness or addiction to drugs,
9 other than those prescribed by a physician, for at least
10 one year immediately prior to the commencement of the
11 unfitness proceeding.
12 (l) Failure to demonstrate a reasonable degree of
13 interest, concern or responsibility as to the welfare of
14 a new born child during the first 30 days after its
15 birth.
16 (m) Failure by a parent to make reasonable efforts
17 to correct the conditions that were the basis for the
18 removal of the child from the parent, or to make
19 reasonable progress toward the return of the child to the
20 parent within 12 months after an adjudication of
21 neglected minor, abused minor or dependent minor under
22 the Juvenile Court Act or the Juvenile Court Act of 1987.
23 (n) Evidence of intent to forego his or her
24 parental rights, whether or not the child is a ward of
25 the court, (1) as manifested by his or her failure for a
26 period of 12 months: (i) to visit the child, (ii) to
27 communicate with the child or agency, although able to do
28 so and not prevented from doing so by an agency or by
29 court order, or (iii) to maintain contact with or plan
30 for the future of the child, although physically able to
31 do so, or (2) as manifested by the father's failure,
32 where he and the mother of the child were unmarried to
33 each other at the time of the child's birth, (i) to
34 commence legal proceedings to establish his paternity
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1 under the Illinois Parentage Act of 1984 or the law of
2 the jurisdiction of the child's birth within 30 days of
3 being informed, pursuant to Section 12a of this Act, that
4 he is the father or the likely father of the child or,
5 after being so informed where the child is not yet born,
6 within 30 days of the child's birth, or (ii) to make a
7 good faith effort to pay a reasonable amount of the
8 expenses related to the birth of the child and to provide
9 a reasonable amount for the financial support of the
10 child, the court to consider in its determination all
11 relevant circumstances, including the financial condition
12 of both parents; provided that the ground for termination
13 provided in this subparagraph (n)(2)(ii) shall only be
14 available where the petition is brought by the mother or
15 the husband of the mother.
16 Contact or communication by a parent with his or her
17 child that does not demonstrate affection and concern
18 does not constitute reasonable contact and planning under
19 subdivision (n). In the absence of evidence to the
20 contrary, the ability to visit, communicate, maintain
21 contact, pay expenses and plan for the future shall be
22 presumed. The subjective intent of the parent, whether
23 expressed or otherwise, unsupported by evidence of the
24 foregoing parental acts manifesting that intent, shall
25 not preclude a determination that the parent has intended
26 to forego his or her parental rights. In making this
27 determination, the court may consider but shall not
28 require a showing of diligent efforts by an authorized
29 agency to encourage the parent to perform the acts
30 specified in subdivision (n).
31 It shall be an affirmative defense to any allegation
32 under paragraph (2) of this subsection that the father's
33 failure was due to circumstances beyond his control or to
34 impediments created by the mother or any other person
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1 having legal custody. Proof of that fact need only be by
2 a preponderance of the evidence.
3 (o) repeated or continuous failure by the parents,
4 although physically and financially able, to provide the
5 child with adequate food, clothing, or shelter.
6 (p) inability to discharge parental
7 responsibilities supported by competent evidence from a
8 psychiatrist, licensed clinical social worker, or
9 clinical psychologist of mental impairment, mental
10 illness or mental retardation as defined in Section 1-116
11 of the Mental Health and Developmental Disabilities Code,
12 or developmental disability as defined in Section 1-106
13 of that Code, and there is sufficient justification to
14 believe that the inability to discharge parental
15 responsibilities shall extend beyond a reasonable time
16 period. However, this subdivision (p) shall not be
17 construed so as to permit a licensed clinical social
18 worker to conduct any medical diagnosis to determine
19 mental illness or mental impairment.
20 (q) a finding of physical abuse of the child under
21 Section 4-8 of the Juvenile Court Act or Section 2-21 of
22 the Juvenile Court Act of 1987 and a criminal conviction
23 of aggravated battery of the child.
24 (r) a finding of physical abuse, neglect, or
25 dependency under Article II of the Juvenile Court Act of
26 1987 of 2 or more siblings of the child who is under the
27 age of 12 and who have been residing outside of the home
28 for more than one year.
29 E. "Parent" means the father or mother of a legitimate
30 or illegitimate child. For the purpose of this Act, a person
31 who has executed a final and irrevocable consent to adoption
32 or a final and irrevocable surrender for purposes of
33 adoption, or whose parental rights have been terminated by a
34 court, is not a parent of the child who was the subject of
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1 the consent or surrender, unless the consent is void pursuant
2 to subsection O of Section 10.
3 F. A person is available for adoption when the person
4 is:
5 (a) a child who has been surrendered for adoption
6 to an agency and to whose adoption the agency has
7 thereafter consented;
8 (b) a child to whose adoption a person authorized
9 by law, other than his parents, has consented, or to
10 whose adoption no consent is required pursuant to Section
11 8 of this Act;
12 (c) a child who is in the custody of persons who
13 intend to adopt him through placement made by his
14 parents;
15 (c-1) a child for whom a parent has signed a
16 specific consent pursuant to subsection O of Section 10;
17 or
18 (d) an adult who meets the conditions set forth in
19 Section 3 of this 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",
25 as the context of this Act may require.
26 H. "Adoption disruption" occurs when an adoptive
27 placement does not prove successful and it becomes necessary
28 for the child to be removed from placement before the
29 adoption is finalized.
30 I. "Foreign placing agency" is an agency or individual
31 operating in a country or territory outside the United States
32 that is authorized by its country to place children for
33 adoption either directly with families in the United States
34 or through United States based international agencies.
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1 J. "Immediate relatives" means the biological parents,
2 the parents of the biological parents and siblings of the
3 biological parents;
4 K. "Intercountry adoption" is a process by which a child
5 from a country other than the United States is adopted.
6 L. "Intercountry Adoption Coordinator" is a staff person
7 of the Department of Children and Family Services appointed
8 by the Director to coordinate the provision of services by
9 the public and private sector to prospective parents of
10 foreign-born children.
11 M. "Interstate Compact on the Placement of Children" is
12 a law enacted by most states for the purpose of establishing
13 uniform procedures for handling the interstate placement of
14 children in foster homes, adoptive homes, or other child care
15 facilities.
16 N. "Non-Compact state" means a state that has not
17 enacted the Interstate Compact on the Placement of Children.
18 O. "Preadoption requirements" are any conditions
19 established by the laws or regulations of the Federal
20 Government or of each state that must be met prior to the
21 placement of a child in an adoptive home.
22 P. "Abused child" means a child whose parent or
23 immediate family member, or any person responsible for the
24 child's welfare, or any individual residing in the same home
25 as the child, or a paramour of the child's parent:
26 (a) inflicts, causes to be inflicted, or allows to
27 be inflicted upon the child physical injury, by other
28 than accidental means, that causes death, disfigurement,
29 impairment of physical or emotional health, or loss or
30 impairment of any bodily function;
31 (b) creates a substantial risk of physical injury
32 to the child by other than accidental means which would
33 be likely to cause death, disfigurement, impairment of
34 physical or emotional health, or loss or impairment of
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1 any bodily function;
2 (c) commits or allows to be committed any sex
3 offense against the child, as sex offenses are defined in
4 the Criminal Code of 1961 and extending those definitions
5 of sex offenses to include children under 18 years of
6 age;
7 (d) commits or allows to be committed an act or
8 acts of torture upon the child; or
9 (e) inflicts excessive corporal punishment.
10 Q. "Neglected child" means any child whose parent or
11 other person responsible for the child's welfare withholds
12 or denies nourishment or medically indicated treatment
13 including food or care denied solely on the basis of the
14 present or anticipated mental or physical impairment as
15 determined by a physician acting alone or in consultation
16 with other physicians or otherwise does not provide the
17 proper or necessary support, education as required by law, or
18 medical or other remedial care recognized under State law as
19 necessary for a child's well-being, or other care necessary
20 for his or her well-being, including adequate food, clothing
21 and shelter; or who is abandoned by his or her parents or
22 other person responsible for the child's welfare.
23 A child shall not be considered neglected or abused for
24 the sole reason that the child's parent or other person
25 responsible for his or her welfare depends upon spiritual
26 means through prayer alone for the treatment or cure of
27 disease or remedial care as provided under Section 4 of the
28 Abused and Neglected Child Reporting Act.
29 R. "Putative father" means a man who may be a child's
30 father, but who (1) is not married to the child's mother on
31 or before the date that the child was or is to be born and
32 (2) has not established paternity of the child in a court
33 proceeding before the filing of a petition for the adoption
34 of the child. The term includes a male who is less than 18
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1 years of age.
2 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
3 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
4 Section 95. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.".