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90_HB0092ham004
LRB9000717PTsbam
1 AMENDMENT TO HOUSE BILL 92
2 AMENDMENT NO. . Amend House Bill 92, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Children and Family Services Act is
6 amended by adding Section 7.5 as follows:
7 (20 ILCS 505/7.5 new)
8 Sec. 7.5. Grandparent and Godparent visitation. If a
9 child is placed in foster care, then the persons who are the
10 child's grandparents or Godparents may be granted visitation
11 rights if they meet the following requirements:
12 (1) he or she is the biological grandparent of the child
13 or the child's biological or adoptive parents appointed the
14 person as the child's Godparent, and proof of the biological
15 relationship or the appointment is verified in a manner
16 accepted by the Department of Children and Family Services or
17 the Juvenile Court;
18 (2) the person agrees to and subsequently participates
19 in and is qualified in a complete review including but not
20 limited to a background check by the Department of Children
21 and Family Services as provided in the Child Care Act of
22 1969; and
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1 (3) the Department of Children and Family Services or
2 the Juvenile Court determines that the visitation is in the
3 best interest of the child.
4 For the purposes of this Section, a Godparent is a person
5 whose relationship with the child was established by the
6 traditional custom and practice of the religion of the
7 biological or adoptive parents or child. A person recognized
8 for the right to visitation under this Section by either the
9 Department of Children and Family Services or the Juvenile
10 Court is recognized solely for consideration of the right to
11 visitation and for no other purpose.
12 Section 10. The Adoption Act is amended by changing
13 Sections 1, 8, and 12.1 as follows:
14 (750 ILCS 50/1) (from Ch. 40, par. 1501)
15 (Text of Section before amendment by P.A. 89-704)
16 Sec. 1. Definitions. When used in this Act, unless the
17 context otherwise requires:
18 A. "Child" means a person under legal age subject to
19 adoption under this Act.
20 B. "Related child" means a child subject to adoption
21 where either or both of the adopting parents stands in any of
22 the following relationships to the child by blood or
23 marriage: parent, grand-parent, brother, sister, step-parent,
24 step-grandparent, step-brother, step-sister, uncle, aunt,
25 great-uncle, great-aunt, or cousin of first degree. A child
26 whose parent has executed a final irrevocable consent to
27 adoption or a final irrevocable surrender for purposes of
28 adoption, or whose parent has had his or her parental rights
29 terminated, is not a related child to that person.
30 C. "Agency" for the purpose of this Act means a public
31 child welfare agency or a licensed child welfare agency.
32 D. "Unfit person" means any person whom the court shall
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1 find to be unfit to have a child, without regard to the
2 likelihood that the child will be placed for adoption. The
3 grounds of unfitness are any one or more of the following:
4 (a) Abandonment of the child.
5 (b) Failure to maintain a reasonable degree of
6 interest, concern or responsibility as to the child's
7 welfare.
8 (c) Desertion of the child for more than 3 months
9 next preceding the commencement of the Adoption
10 proceeding.
11 (d) Substantial neglect of the child if continuous
12 or repeated.
13 (e) Extreme or repeated cruelty to the child.
14 (f) Two or more findings of physical abuse of to
15 any children under Section 4-8 of the Juvenile Court Act
16 or Section 2-21 of the Juvenile Court Act of 1987, the
17 most recent of which was determined by the juvenile court
18 hearing the matter to be supported by clear and
19 convincing evidence or; a criminal conviction resulting
20 from the death of any child by physical child abuse; or a
21 finding of physical child abuse resulting from the death
22 of any child under Section 4-8 of the Juvenile Court Act
23 or Section 2-21 of the Juvenile Court Act of 1987.
24 (g) Failure to protect the child from conditions
25 within his environment injurious to the child's welfare.
26 (h) Other neglect of, or misconduct toward the
27 child; provided that in making a finding of unfitness the
28 court hearing the adoption proceeding shall not be bound
29 by any previous finding, order or judgment affecting or
30 determining the rights of the parents toward the child
31 sought to be adopted in any other proceeding except such
32 proceedings terminating parental rights as shall be had
33 under either this Act, the Juvenile Court Act or the
34 Juvenile Court Act of 1987.
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1 (i) Depravity.
2 (j) Open and notorious adultery or fornication.
3 (j-1) Conviction of first degree murder in
4 violation of paragraph 1 or 2 of subsection (a) of
5 Section 9-1 of the Criminal Code of 1961 or conviction of
6 second degree murder in violation of subsection (a) of
7 Section 9-2 of the Criminal Code of 1961 of a parent of
8 the child to be adopted shall create a presumption of
9 unfitness that may be overcome only by clear and
10 convincing evidence.
11 (k) Habitual drunkenness or addiction to drugs,
12 other than those prescribed by a physician, for at least
13 one year immediately prior to the commencement of the
14 unfitness proceeding.
15 (l) Failure to demonstrate a reasonable degree of
16 interest, concern or responsibility as to the welfare of
17 a new born child during the first 30 days after its
18 birth.
19 (m) Failure by a parent to make reasonable efforts
20 to correct the conditions that were the basis for the
21 removal of the child from the parent, or to make
22 reasonable progress toward the return of the child to the
23 parent within 12 months after an adjudication of
24 neglected minor, abused minor or dependent minor under
25 the Juvenile Court Act or the Juvenile Court Act of 1987.
26 For purposes of this Act, following an adjudication
27 of neglected or abused minor or dependent minor under the
28 Juvenile Court Act of 1987 it may be presumed that a
29 parent has failed to make reasonable efforts to correct
30 the conditions that were the basis for the removal upon a
31 showing that:
32 (1) a child under the age of 13 has resided
33 out of the parental home under court order for more
34 than one year following an adjudication of abuse,
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1 neglect, or dependency under Section 2-21 of the
2 Juvenile Court Act of 1987;
3 (2) conditions leading to the determination
4 will not be corrected within the next 6 months; and
5 (3) a finding has been made that reasonable
6 efforts were offered at the dispositional hearing by
7 the social service agency to rehabilitate the parent
8 and reunite the family.
9 This provision does not prohibit the termination of
10 parental rights prior to one year after a minor has been
11 placed out of the home under this or other relevant
12 Sections of this Act.
13 It may also be presumed that a parent has failed to
14 make reasonable efforts under this subsection, and for
15 purposes of this subsection only, upon a showing that:
16 (1) the parent has been diagnosed as an addict
17 or alcoholic as defined under Section 1-10 of the
18 Alcoholism and Other Drug Abuse and Dependency Act
19 by a State licensed professional certified to make
20 the diagnosis;
21 (2) the parent has been required by a case
22 plan to participate in a State licensed alcohol and
23 substance abuse treatment program;
24 (3) the parent has failed 2 or more times to
25 successfully complete a State licensed alcohol and
26 substance abuse treatment program or has refused at
27 2 or more separate meetings with a caseworker to
28 participate in a State licensed alcohol and
29 substance abuse treatment program; and
30 (4) the parent continues to be habitually
31 drunk or addicted to drugs other than those
32 prescribed by a physician.
33 Provided, that this presumption applies only to
34 parents required by a case plan to participate in a
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1 alcohol and substance abuse treatment program on or after
2 the effective date of this amendatory Act of 1997.
3 (n) Evidence of intent to forego his or her
4 parental rights, whether or not the child is a ward of
5 the court, (1) as manifested by his or her failure for a
6 period of 12 months: (i) to visit the child, (ii) to
7 communicate with the child or agency, although able to do
8 so and not prevented from doing so by an agency or by
9 court order, or (iii) to maintain contact with or plan
10 for the future of the child, although physically able to
11 do so, or (2) as manifested by the father's failure,
12 where he and the mother of the child were unmarried to
13 each other at the time of the child's birth, (i) to
14 commence legal proceedings to establish his paternity
15 under the Illinois Parentage Act of 1984 or the law of
16 the jurisdiction of the child's birth within 30 days of
17 being informed, pursuant to Section 12a of this Act, that
18 he is the father or the likely father of the child or,
19 after being so informed where the child is not yet born,
20 within 30 days of the child's birth, or (ii) to make a
21 good faith effort to pay a reasonable amount of the
22 expenses related to the birth of the child and to provide
23 a reasonable amount for the financial support of the
24 child, the court to consider in its determination all
25 relevant circumstances, including the financial condition
26 of both parents; provided that the ground for termination
27 provided in this subparagraph (n)(2)(ii) shall only be
28 available where the petition is brought by the mother or
29 the husband of the mother.
30 Contact or communication by a parent with his or her
31 child that does not demonstrate affection and concern
32 does not constitute reasonable contact and planning under
33 subdivision (n). In the absence of evidence to the
34 contrary, the ability to visit, communicate, maintain
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1 contact, pay expenses and plan for the future shall be
2 presumed. The subjective intent of the parent, whether
3 expressed or otherwise, unsupported by evidence of the
4 foregoing parental acts manifesting that intent, shall
5 not preclude a determination that the parent has intended
6 to forego his or her parental rights. In making this
7 determination, the court may consider but shall not
8 require a showing of diligent efforts by an authorized
9 agency to encourage the parent to perform the acts
10 specified in subdivision (n).
11 It shall be an affirmative defense to any allegation
12 under paragraph (2) of this subsection that the father's
13 failure was due to circumstances beyond his control or to
14 impediments created by the mother or any other person
15 having legal custody. Proof of that fact need only be by
16 a preponderance of the evidence.
17 (o) repeated or continuous failure by the parents,
18 although physically and financially able, to provide the
19 child with adequate food, clothing, or shelter.
20 (p) inability to discharge parental
21 responsibilities supported by competent evidence from a
22 psychiatrist, licensed clinical social worker, or
23 clinical psychologist of mental impairment, mental
24 illness or mental retardation as defined in Section 1-116
25 of the Mental Health and Developmental Disabilities Code,
26 or developmental disability as defined in Section 1-106
27 of that Code, and there is sufficient justification to
28 believe that the inability to discharge parental
29 responsibilities shall extend beyond a reasonable time
30 period. However, this subdivision (p) shall not be
31 construed so as to permit a licensed clinical social
32 worker to conduct any medical diagnosis to determine
33 mental illness or mental impairment.
34 (q) a finding of physical abuse of the child under
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1 Section 4-8 of the Juvenile Court Act or Section 2-21 of
2 the Juvenile Court Act of 1987 and a criminal conviction
3 of aggravated battery of the child.
4 (r) a pattern of abuse or neglect committed against
5 the child or of dependency of the child supported by
6 clear and convincing evidence that may include but shall
7 not be limited to 3 or more findings of abuse, neglect,
8 or dependency of any children under Section 4-8 of the
9 Juvenile Court Act or Section 2-21 of the Juvenile Court
10 Act of 1987 who are the child's siblings and who, as a
11 consequence of the court findings, have resided outside
12 of the parental home for more than 12 months.
13 E. "Parent" means the father or mother of a legitimate
14 or illegitimate child. For the purpose of this Act, a person
15 who has executed a final and irrevocable consent to adoption
16 or a final and irrevocable surrender for purposes of
17 adoption, or whose parental rights have been terminated by a
18 court, is not a parent of the child who was the subject of
19 the consent or surrender.
20 F. A person is available for adoption when the person
21 is:
22 (a) a child who has been surrendered for adoption
23 to an agency and to whose adoption the agency has
24 thereafter consented;
25 (b) a child to whose adoption a person authorized
26 by law, other than his parents, has consented, or to
27 whose adoption no consent is required pursuant to Section
28 8 of this Act;
29 (c) a child who is in the custody of persons who
30 intend to adopt him through placement made by his
31 parents; or
32 (d) an adult who meets the conditions set forth in
33 Section 3 of this Act.
34 A person who would otherwise be available for adoption
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1 shall not be deemed unavailable for adoption solely by reason
2 of his or her death.
3 G. The singular includes the plural and the plural
4 includes the singular and the "male" includes the "female",
5 as the context of this Act may require.
6 H. "Adoption disruption" occurs when an adoptive
7 placement does not prove successful and it becomes necessary
8 for the child to be removed from placement before the
9 adoption is finalized.
10 I. "Foreign placing agency" is an agency or individual
11 operating in a country or territory outside the United States
12 that is authorized by its country to place children for
13 adoption either directly with families in the United States
14 or through United States based international agencies.
15 J. "Immediate relatives" means the biological parents,
16 the parents of the biological parents and siblings of the
17 biological parents;
18 K. "Intercountry adoption" is a process by which a child
19 from a country other than the United States is adopted.
20 L. "Intercountry Adoption Coordinator" is a staff person
21 of the Department of Children and Family Services appointed
22 by the Director to coordinate the provision of services by
23 the public and private sector to prospective parents of
24 foreign-born children.
25 M. "Interstate Compact on the Placement of Children" is
26 a law enacted by most states for the purpose of establishing
27 uniform procedures for handling the interstate placement of
28 children in foster homes, adoptive homes, or other child care
29 facilities.
30 N. "Non-Compact state" means a state that has not
31 enacted the Interstate Compact on the Placement of Children.
32 O. "Preadoption requirements" are any conditions
33 established by the laws or regulations of the Federal
34 Government or of each state that must be met prior to the
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1 placement of a child in an adoptive home.
2 P. "Abused child" means a child whose parent or
3 immediate family member, or any person responsible for the
4 child's welfare, or any individual residing in the same home
5 as the child, or a paramour of the child's parent:
6 (a) inflicts, causes to be inflicted, or allows to
7 be inflicted upon the child physical injury, by other
8 than accidental means, that causes death, disfigurement,
9 impairment of physical or emotional health, or loss or
10 impairment of any bodily function;
11 (b) creates a substantial risk of physical injury
12 to the child by other than accidental means which would
13 be likely to cause death, disfigurement, impairment of
14 physical or emotional health, or loss or impairment of
15 any bodily function;
16 (c) commits or allows to be committed any sex
17 offense against the child, as sex offenses are defined in
18 the Criminal Code of 1961 and extending those definitions
19 of sex offenses to include children under 18 years of
20 age;
21 (d) commits or allows to be committed an act or
22 acts of torture upon the child; or
23 (e) inflicts excessive corporal punishment.
24 Q. "Neglected child" means any child whose parent or
25 other person responsible for the child's welfare withholds
26 or denies nourishment or medically indicated treatment
27 including food or care denied solely on the basis of the
28 present or anticipated mental or physical impairment as
29 determined by a physician acting alone or in consultation
30 with other physicians or otherwise does not provide the
31 proper or necessary support, education as required by law, or
32 medical or other remedial care recognized under State law as
33 necessary for a child's well-being, or other care necessary
34 for his or her well-being, including adequate food, clothing
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1 and shelter; or who is abandoned by his or her parents or
2 other person responsible for the child's welfare.
3 A child shall not be considered neglected or abused for
4 the sole reason that the child's parent or other person
5 responsible for his or her welfare depends upon spiritual
6 means through prayer alone for the treatment or cure of
7 disease or remedial care as provided under Section 4 of the
8 Abused and Neglected Child Reporting Act.
9 R. "Putative father" means a man who may be a child's
10 father, but who (1) is not married to the child's mother on
11 or before the date that the child was or is to be born, and
12 (2) has not established paternity of the child in a court
13 proceeding before the filing of a petition for the adoption
14 of the child. The term includes a male who is less than 18
15 years of age. "Putative father" does not mean a man who is
16 the child's father as a result of criminal sexual abuse or
17 assault as defined under Article 12 of the Criminal Code of
18 1961.
19 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
20 1-24-95; 89-235, eff. 8-4-95.)
21 (Text of Section after amendment by P.A. 89-704)
22 Sec. 1. Definitions. When used in this Act, unless the
23 context otherwise requires:
24 A. "Child" means a person under legal age subject to
25 adoption under this Act.
26 B. "Related child" means a child subject to adoption
27 where either or both of the adopting parents stands in any of
28 the following relationships to the child by blood or
29 marriage: parent, grand-parent, brother, sister, step-parent,
30 step-grandparent, step-brother, step-sister, uncle, aunt,
31 great-uncle, great-aunt, or cousin of first degree. A child
32 whose parent has executed a final irrevocable consent to
33 adoption or a final irrevocable surrender for purposes of
34 adoption, or whose parent has had his or her parental rights
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1 terminated, is not a related child to that person, unless the
2 consent is void pursuant to subsection O of Section 10.
3 C. "Agency" for the purpose of this Act means a public
4 child welfare agency or a licensed child welfare agency.
5 D. "Unfit person" means any person whom the court shall
6 find to be unfit to have a child, without regard to the
7 likelihood that the child will be placed for adoption. The
8 grounds of unfitness are any one or more of the following:
9 (a) Abandonment of the child.
10 (b) Failure to maintain a reasonable degree of
11 interest, concern or responsibility as to the child's
12 welfare.
13 (c) Desertion of the child for more than 3 months
14 next preceding the commencement of the Adoption
15 proceeding.
16 (d) Substantial neglect of the child if continuous
17 or repeated.
18 (d-1) Substantial neglect, if continuous or
19 repeated, of any child residing in the household which
20 resulted in the death of that child.
21 (e) Extreme or repeated cruelty to the child.
22 (f) Two or more findings of physical abuse of to
23 any children under Section 4-8 of the Juvenile Court Act
24 or Section 2-21 of the Juvenile Court Act of 1987, the
25 most recent of which was determined by the juvenile court
26 hearing the matter to be supported by clear and
27 convincing evidence or; a criminal conviction or a
28 finding of not guilty by reason of insanity resulting
29 from the death of any child by physical child abuse; or a
30 finding of physical child abuse resulting from the death
31 of any child under Section 4-8 of the Juvenile Court Act
32 or Section 2-21 of the Juvenile Court Act of 1987.
33 (g) Failure to protect the child from conditions
34 within his environment injurious to the child's welfare.
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1 (h) Other neglect of, or misconduct toward the
2 child; provided that in making a finding of unfitness the
3 court hearing the adoption proceeding shall not be bound
4 by any 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.
11 (j) Open and notorious adultery or fornication.
12 (j-1) Conviction of first degree murder in
13 violation of paragraph 1 or 2 of subsection (a) of
14 Section 9-1 of the Criminal Code of 1961 or conviction of
15 second degree murder in violation of subsection (a) of
16 Section 9-2 of the Criminal Code of 1961 of a parent of
17 the child to be adopted shall create a presumption of
18 unfitness that may be overcome only by clear and
19 convincing evidence.
20 (k) Habitual drunkenness or addiction to drugs,
21 other than those prescribed by a physician, for at least
22 one year immediately prior to the commencement of the
23 unfitness proceeding.
24 (l) Failure to demonstrate a reasonable degree of
25 interest, concern or responsibility as to the welfare of
26 a new born child during the first 30 days after its
27 birth.
28 (m) Failure by a parent to make reasonable efforts
29 to correct the conditions that were the basis for the
30 removal of the child from the parent, or to make
31 reasonable progress toward the return of the child to the
32 parent within 12 months after an adjudication of
33 neglected minor, abused minor or dependent minor under
34 the Juvenile Court Act or the Juvenile Court Act of 1987.
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1 For purposes of this Act, following an adjudication
2 of neglected or abused minor or dependent minor under the
3 Juvenile Court Act of 1987 it may be presumed that a
4 parent has failed to make reasonable efforts to correct
5 the conditions that were the basis for the removal upon a
6 showing that:
7 (1) a child under the age of 13 has resided
8 out of the parental home under court order for more
9 than one year following an adjudication of abuse,
10 neglect, or dependency under Section 2-21 of the
11 Juvenile Court Act of 1987;
12 (2) conditions leading to the determination
13 will not be corrected within the next 6 months; and
14 (3) a finding has been made that reasonable
15 efforts were offered at the dispositional hearing by
16 the social service agency to rehabilitate the parent
17 and reunite the family.
18 This provision does not prohibit the termination of
19 parental rights prior to one year after a minor has been
20 placed out of the home under this or other relevant
21 Sections of this Act.
22 It may also be presumed that a parent has failed to
23 make reasonable efforts under this subsection, and for
24 purposes of this subsection only, upon a showing that:
25 (1) the parent has been diagnosed as an addict
26 or alcoholic as defined under Section 1-10 of the
27 Alcoholism and Other Drug Abuse and Dependency Act
28 by a State licensed professional certified to make
29 the diagnosis;
30 (2) the parent has been required by a case
31 plan to participate in a State licensed alcohol and
32 substance abuse treatment program;
33 (3) the parent has failed 2 or more times to
34 successfully complete a State licensed alcohol and
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1 substance abuse treatment program or has refused at
2 2 or more separate meetings with a caseworker to
3 participate in a State licensed alcohol and
4 substance abuse treatment program; and
5 (4) the parent continues to be habitually
6 drunk or addicted to drugs other than those
7 prescribed by a physician.
8 Provided, that this presumption applies only to
9 parents required by a case plan to participate in a
10 alcohol and substance abuse treatment program on or after
11 the effective date of this amendatory Act of 1997.
12 (n) Evidence of intent to forego his or her
13 parental rights, whether or not the child is a ward of
14 the court, (1) as manifested by his or her failure for a
15 period of 12 months: (i) to visit the child, (ii) to
16 communicate with the child or agency, although able to do
17 so and not prevented from doing so by an agency or by
18 court order, or (iii) to maintain contact with or plan
19 for the future of the child, although physically able to
20 do so, or (2) as manifested by the father's failure,
21 where he and the mother of the child were unmarried to
22 each other at the time of the child's birth, (i) to
23 commence legal proceedings to establish his paternity
24 under the Illinois Parentage Act of 1984 or the law of
25 the jurisdiction of the child's birth within 30 days of
26 being informed, pursuant to Section 12a of this Act, that
27 he is the father or the likely father of the child or,
28 after being so informed where the child is not yet born,
29 within 30 days of the child's birth, or (ii) to make a
30 good faith effort to pay a reasonable amount of the
31 expenses related to the birth of the child and to provide
32 a reasonable amount for the financial support of the
33 child, the court to consider in its determination all
34 relevant circumstances, including the financial condition
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1 of both parents; provided that the ground for termination
2 provided in this subparagraph (n)(2)(ii) shall only be
3 available where the petition is brought by the mother or
4 the husband of the mother.
5 Contact or communication by a parent with his or her
6 child that does not demonstrate affection and concern
7 does not constitute reasonable contact and planning under
8 subdivision (n). In the absence of evidence to the
9 contrary, the ability to visit, communicate, maintain
10 contact, pay expenses and plan for the future shall be
11 presumed. The subjective intent of the parent, whether
12 expressed or otherwise, unsupported by evidence of the
13 foregoing parental acts manifesting that intent, shall
14 not preclude a determination that the parent has intended
15 to forego his or her parental rights. In making this
16 determination, the court may consider but shall not
17 require a showing of diligent efforts by an authorized
18 agency to encourage the parent to perform the acts
19 specified in subdivision (n).
20 It shall be an affirmative defense to any allegation
21 under paragraph (2) of this subsection that the father's
22 failure was due to circumstances beyond his control or to
23 impediments created by the mother or any other person
24 having legal custody. Proof of that fact need only be by
25 a preponderance of the evidence.
26 (o) repeated or continuous failure by the parents,
27 although physically and financially able, to provide the
28 child with adequate food, clothing, or shelter.
29 (p) inability to discharge parental
30 responsibilities supported by competent evidence from a
31 psychiatrist, licensed clinical social worker, or
32 clinical psychologist of mental impairment, mental
33 illness or mental retardation as defined in Section 1-116
34 of the Mental Health and Developmental Disabilities Code,
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1 or developmental disability as defined in Section 1-106
2 of that Code, and there is sufficient justification to
3 believe that the inability to discharge parental
4 responsibilities shall extend beyond a reasonable time
5 period. However, this subdivision (p) shall not be
6 construed so as to permit a licensed clinical social
7 worker to conduct any medical diagnosis to determine
8 mental illness or mental impairment.
9 (q) a finding of physical abuse of the child under
10 Section 4-8 of the Juvenile Court Act or Section 2-21 of
11 the Juvenile Court Act of 1987 and a criminal conviction
12 of aggravated battery of the child.
13 (r) a pattern of abuse or neglect committed against
14 the child or of dependency of the child supported by
15 clear and convincing evidence that may include but shall
16 not be limited to 3 or more findings of abuse, neglect,
17 or dependency of any children under Section 4-8 of the
18 Juvenile Court Act or Section 2-21 of the Juvenile Court
19 Act of 1987 who are the child's siblings and who, as a
20 consequence of the court findings, have resided outside
21 of the parental home for more than 12 months.
22 E. "Parent" means the father or mother of a legitimate
23 or illegitimate child. For the purpose of this Act, a person
24 who has executed a final and irrevocable consent to adoption
25 or a final and irrevocable surrender for purposes of
26 adoption, or whose parental rights have been terminated by a
27 court, is not a parent of the child who was the subject of
28 the consent or surrender, unless the consent is void pursuant
29 to subsection O of Section 10.
30 F. A person is available for adoption when the person
31 is:
32 (a) a child who has been surrendered for adoption
33 to an agency and to whose adoption the agency has
34 thereafter consented;
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1 (b) a child to whose adoption a person authorized
2 by law, other than his parents, has consented, or to
3 whose adoption no consent is required pursuant to Section
4 8 of this Act;
5 (c) a child who is in the custody of persons who
6 intend to adopt him through placement made by his
7 parents;
8 (c-1) a child for whom a parent has signed a
9 specific consent pursuant to subsection O of Section 10;
10 or
11 (d) an adult who meets the conditions set forth in
12 Section 3 of this Act.
13 A person who would otherwise be available for adoption
14 shall not be deemed unavailable for adoption solely by reason
15 of his or her death.
16 G. The singular includes the plural and the plural
17 includes the singular and the "male" includes the "female",
18 as the context of this Act may require.
19 H. "Adoption disruption" occurs when an adoptive
20 placement does not prove successful and it becomes necessary
21 for the child to be removed from placement before the
22 adoption is finalized.
23 I. "Foreign placing agency" is an agency or individual
24 operating in a country or territory outside the United States
25 that is authorized by its country to place children for
26 adoption either directly with families in the United States
27 or through United States based international agencies.
28 J. "Immediate relatives" means the biological parents,
29 the parents of the biological parents and siblings of the
30 biological parents;
31 K. "Intercountry adoption" is a process by which a child
32 from a country other than the United States is adopted.
33 L. "Intercountry Adoption Coordinator" is a staff person
34 of the Department of Children and Family Services appointed
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1 by the Director to coordinate the provision of services by
2 the public and private sector to prospective parents of
3 foreign-born children.
4 M. "Interstate Compact on the Placement of Children" is
5 a law enacted by most states for the purpose of establishing
6 uniform procedures for handling the interstate placement of
7 children in foster homes, adoptive homes, or other child care
8 facilities.
9 N. "Non-Compact state" means a state that has not
10 enacted the Interstate Compact on the Placement of Children.
11 O. "Preadoption requirements" are any conditions
12 established by the laws or regulations of the Federal
13 Government or of each state that must be met prior to the
14 placement of a child in an adoptive home.
15 P. "Abused child" means a child whose parent or
16 immediate family member, or any person responsible for the
17 child's welfare, or any individual residing in the same home
18 as the child, or a paramour of the child's parent:
19 (a) inflicts, causes to be inflicted, or allows to
20 be inflicted upon the child physical injury, by other
21 than accidental means, that causes death, disfigurement,
22 impairment of physical or emotional health, or loss or
23 impairment of any bodily function;
24 (b) creates a substantial risk of physical injury
25 to the child by other than accidental means which would
26 be likely to cause death, disfigurement, impairment of
27 physical or emotional health, or loss or impairment of
28 any bodily function;
29 (c) commits or allows to be committed any sex
30 offense against the child, as sex offenses are defined in
31 the Criminal Code of 1961 and extending those definitions
32 of sex offenses to include children under 18 years of
33 age;
34 (d) commits or allows to be committed an act or
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1 acts of torture upon the child; or
2 (e) inflicts excessive corporal punishment.
3 Q. "Neglected child" means any child whose parent or
4 other person responsible for the child's welfare withholds
5 or denies nourishment or medically indicated treatment
6 including food or care denied solely on the basis of the
7 present or anticipated mental or physical impairment as
8 determined by a physician acting alone or in consultation
9 with other physicians or otherwise does not provide the
10 proper or necessary support, education as required by law, or
11 medical or other remedial care recognized under State law as
12 necessary for a child's well-being, or other care necessary
13 for his or her well-being, including adequate food, clothing
14 and shelter; or who is abandoned by his or her parents or
15 other person responsible for the child's welfare.
16 A child shall not be considered neglected or abused for
17 the sole reason that the child's parent or other person
18 responsible for his or her welfare depends upon spiritual
19 means through prayer alone for the treatment or cure of
20 disease or remedial care as provided under Section 4 of the
21 Abused and Neglected Child Reporting Act.
22 R. "Putative father" means a man who may be a child's
23 father, but who (1) is not married to the child's mother on
24 or before the date that the child was or is to be born and
25 (2) has not established paternity of the child in a court
26 proceeding before the filing of a petition for the adoption
27 of the child. The term includes a male who is less than 18
28 years of age. "Putative father" does not mean a man who is
29 the child's father as a result of criminal sexual abuse or
30 assault as defined under Article 12 of the Criminal Code of
31 1961.
32 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
33 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
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1 (750 ILCS 50/8) (from Ch. 40, par. 1510)
2 Sec. 8. Consents to adoption and surrenders for purposes
3 of adoption.
4 (a) Except as hereinafter provided in this Section
5 consents or surrenders shall be required in all cases, unless
6 the person whose consent or surrender would otherwise be
7 required shall be found by the court:
8 (1) to be an unfit person as defined in Section 1
9 of this Act, by clear and convincing evidence; or
10 (2) not to be the biological or adoptive father of
11 the child; or
12 (3) to have waived his parental rights to the child
13 under Section 12a or 12.1 of this Act; or
14 (4) to be the parent of an adult sought to be
15 adopted; or
16 (5) to be the father of the child as a result of
17 criminal sexual abuse or assault as defined under Article
18 12 of the Criminal Code of 1961.
19 (b) Where consents are required in the case of an
20 adoption of a minor child, the consents of the following
21 persons shall be sufficient:
22 (1) (A) The mother of the minor child; and
23 (B) The father of the minor child, if the father:
24 (i) was married to the mother on the date of
25 birth of the child or within 300 days before the
26 birth of the child, except for a husband or former
27 husband who has been found by a court of competent
28 jurisdiction not to be the biological father of the
29 child; or
30 (ii) is the father of the child under a
31 judgment for adoption, an order of parentage, or an
32 acknowledgment of parentage or paternity pursuant to
33 subsection (a) of Section 5 of the Illinois
34 Parentage Act of 1984; or
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1 (iii) in the case of a child placed with the
2 adopting parents less than 6 months after birth,
3 openly lived with the child, the child's biological
4 mother, or both, and held himself out to be the
5 child's biological father during the first 30 days
6 following the birth of the child; or
7 (iv) in the case of a child placed with the
8 adopting parents less than 6 months after birth,
9 made a good faith effort to pay a reasonable amount
10 of the expenses related to the birth of the child
11 and to provide a reasonable amount for the financial
12 support of the child before the expiration of 30
13 days following the birth of the child, provided that
14 the court may consider in its determination all
15 relevant circumstances, including the financial
16 condition of both biological parents; or
17 (v) in the case of a child placed with the
18 adopting parents more than 6 months after birth, has
19 maintained substantial and continuous or repeated
20 contact with the child as manifested by: (I) the
21 payment by the father toward the support of the
22 child of a fair and reasonable sum, according to the
23 father's means, and either (II) the father's
24 visiting the child at least monthly when physically
25 and financially able to do so and not prevented from
26 doing so by the person or authorized agency having
27 lawful custody of the child, or (III) the father's
28 regular communication with the child or with the
29 person or agency having the care or custody of the
30 child, when physically and financially unable to
31 visit the child or prevented from doing so by the
32 person or authorized agency having lawful custody of
33 the child. The subjective intent of the father,
34 whether expressed or otherwise unsupported by
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1 evidence of acts specified in this sub-paragraph as
2 manifesting such intent, shall not preclude a
3 determination that the father failed to maintain
4 substantial and continuous or repeated contact with
5 the child; or
6 (vi) in the case of a child placed with the
7 adopting parents more than six months after birth,
8 openly lived with the child for a period of six
9 months within the one year period immediately
10 preceding the placement of the child for adoption
11 and openly held himself out to be the father of the
12 child; or
13 (vii) has timely registered with Putative
14 Father Registry, as provided in Section 12.1 of this
15 Act, and prior to the expiration of 30 days from the
16 date of such registration, commenced legal
17 proceedings to establish paternity under the
18 Illinois Parentage Act of 1984 or under the law of
19 the jurisdiction of the child's birth; or
20 (2) The legal guardian of the person of the child,
21 if there is no surviving parent; or
22 (3) An agency, if the child has been surrendered
23 for adoption to such agency; or
24 (4) Any person or agency having legal custody of a
25 child by court order if the parental rights of the
26 parents have been judicially terminated, and the court
27 having jurisdiction of the guardianship of the child has
28 authorized the consent to the adoption; or
29 (5) The execution and verification of the petition
30 by any petitioner who is also a parent of the child
31 sought to be adopted shall be sufficient evidence of such
32 parent's consent to the adoption.
33 (c) Where surrenders to an agency are required in the
34 case of a placement for adoption of a minor child by an
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1 agency, the surrenders of the following persons shall be
2 sufficient:
3 (1) (A) The mother of the minor child; and
4 (B) The father of the minor child, if the father;
5 (i) was married to the mother on the date of
6 birth of the child or within 300 days before the
7 birth of the child, except for a husband or former
8 husband who has been found by a court of competent
9 jurisdiction not to be the biological father of the
10 child; or
11 (ii) is the father of the child under a
12 judgment for adoption, an order of parentage, or an
13 acknowledgment of parentage or paternity pursuant to
14 subsection (a) of Section 5 of the Illinois
15 Parentage Act of 1984; or
16 (iii) in the case of a child placed with the
17 adopting parents less than 6 months after birth,
18 openly lived with the child, the child's biological
19 mother, or both, and held himself out to be the
20 child's biological father during the first 30 days
21 following the birth of a child; or
22 (iv) in the case of a child placed with the
23 adopting parents less than 6 months after birth,
24 made a good faith effort to pay a reasonable amount
25 of the expenses related to the birth of the child
26 and to provide a reasonable amount for the financial
27 support of the child before the expiration of 30
28 days following the birth of the child, provided that
29 the court may consider in its determination all
30 relevant circumstances, including the financial
31 condition of both biological parents; or
32 (v) in the case of a child placed with the
33 adopting parents more than six months after birth,
34 has maintained substantial and continuous or
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1 repeated contact with the child as manifested by:
2 (I) the payment by the father toward the support of
3 the child of a fair and reasonable sum, according to
4 the father's means, and either (II) the father's
5 visiting the child at least monthly when physically
6 and financially able to do so and not prevented from
7 doing so by the person or authorized agency having
8 lawful custody of the child or (III) the father's
9 regular communication with the child or with the
10 person or agency having the care or custody of the
11 child, when physically and financially unable to
12 visit the child or prevented from doing so by the
13 person or authorized agency having lawful custody of
14 the child. The subjective intent of the father,
15 whether expressed or otherwise, unsupported by
16 evidence of acts specified in this sub-paragraph as
17 manifesting such intent, shall not preclude a
18 determination that the father failed to maintain
19 substantial and continuous or repeated contact with
20 the child; or
21 (vi) in the case of a child placed with the
22 adopting parents more than six months after birth,
23 openly lived with the child for a period of six
24 months within the one year period immediately
25 preceding the placement of the child for adoption
26 and openly held himself out to be the father of the
27 child; or
28 (vii) has timely registered with the Putative
29 Father Registry, as provided in Section 12.1 of this
30 Act, and prior to the expiration of 30 days from the
31 date of such registration, commenced legal
32 proceedings to establish paternity under the
33 Illinois Parentage Act of 1984, or under the law of
34 the jurisdiction of the child's birth.
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1 (d) In making a determination under subparagraphs (b)
2 (1) and (c) (1), no showing shall be required of diligent
3 efforts by a person or agency to encourage the father to
4 perform the acts specified therein.
5 (e) In the case of the adoption of an adult, only the
6 consent of such adult shall be required.
7 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
8 89-641, eff. 8-9-96.)
9 (750 ILCS 50/12.1)
10 Sec. 12.1 Putative Father Registry. The Department of
11 Children and Family Services shall establish a Putative
12 Father Registry for the purpose of determining the identity
13 and location of a putative father of a minor child who is, or
14 is expected to be, the subject of an adoption proceeding, in
15 order to provide notice of such proceeding to the putative
16 father. The Department of Children and Family Services shall
17 establish rules and informational material necessary to
18 implement the provisions of this Section. The Department
19 shall have the authority to set reasonable fees for the use
20 of the Registry.
21 (a) The Department shall maintain the following
22 information in the Registry:
23 (1) With respect to the putative father:
24 (i) Name, including any other names by which
25 the putative father may be known and that he may
26 provide to the Registry;
27 (ii) Address at which he may be served with
28 notice of a petition under this Act, including any
29 change of address;
30 (iii) Social Security Number;
31 (iv) Date of birth; and
32 (v) If applicable, a certified copy of an
33 order by a court of this State or of another state
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1 or territory of the United States adjudicating the
2 putative father to be the father of the child.
3 (2) With respect to the mother of the child:
4 (i) Name, including all other names known to
5 the putative father by which the mother may be
6 known;
7 (ii) If known to the putative father, her last
8 address;
9 (iii) Social Security Number; and
10 (iv) Date of birth.
11 (3) If known to the putative father, the name,
12 gender, place of birth, and date of birth or anticipated
13 date of birth of the child.
14 (4) The date that the Department received the
15 putative father's registration.
16 (5) Other information as the Department may by rule
17 determine necessary for the orderly administration of the
18 Registry.
19 (b) A putative father may register with the Department
20 before the birth of the child but shall register no later
21 than 30 days after the birth of the child. All registrations
22 shall be in writing and signed by the putative father. No
23 fee shall be charged for the initial registration. The
24 Department shall have no independent obligation to gather the
25 information to be maintained.
26 (c) An interested party, including persons intending to
27 adopt a child, a child welfare agency with whom the mother
28 has placed or has given written notice of her intention to
29 place a child for adoption, the mother of the child, or an
30 attorney representing an interested party may request that
31 the Department search the Registry to determine whether a
32 putative father is registered in relation to a child who is
33 or may be the subject to an adoption petition.
34 (d) A search of the Registry may be proven by the
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1 production of a certified copy of the registration form, or
2 by the certified statement of the administrator of the
3 Registry that after a search, no registration of a putative
4 father in relation to a child who is or may be the subject of
5 an adoption petition could be located.
6 (e) Except as otherwise provided, information contained
7 within the Registry is confidential and shall not be
8 published or open to public inspection.
9 (f) A person who knowingly or intentionally registers
10 false information under this Section commits a Class B
11 misdemeanor. A person who knowingly or intentionally releases
12 confidential information in violation of this Section commits
13 a Class B misdemeanor.
14 (g) Except as provided in subsections (b) or (c) of
15 Section 8 of this Act, a putative father who fails to
16 register with the Putative Father Registry as provided in
17 this Section is barred from thereafter bringing or
18 maintaining any action to assert any interest in the child,
19 unless he proves by clear and convincing evidence that:
20 (1) it was not possible for him to register within
21 the period of time specified in subsection (b) of this
22 Section; and
23 (2) his failure to register was through no fault of
24 his own; and
25 (3) he registered within 10 days after it became
26 possible for him to file.
27 A lack of knowledge of the pregnancy or birth is not an
28 acceptable reason for failure to register.
29 (h) Except as provided in subsection (b) or (c) of
30 Section 8 of this Act, failure to timely register with the
31 Putative Father Registry (i) shall be deemed to be a waiver
32 and surrender of any right to notice of any hearing in any
33 judicial proceeding for the adoption of the child, and the
34 consent or surrender of that person to the adoption of the
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1 child is not required, and (ii) shall constitute an
2 abandonment of the child and shall be prima facie evidence of
3 sufficient grounds to support termination of such father's
4 parental rights under this Act.
5 (i) In any adoption proceeding pertaining to a child
6 born out of wedlock, if there is no showing that a putative
7 father has executed a consent or surrender or waived his
8 rights regarding the proposed adoption, certification as
9 specified in subsection (d) shall be filed with the court
10 prior to entry of a final judgment order of adoption.
11 (j) The Registry shall not be used to notify a putative
12 father who is the father of a child as a result of criminal
13 sexual abuse or assault as defined under Article 12 of the
14 Criminal Code of 1961.
15 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".