[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
[ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
[ House Amendment 002 ] |
90_HB0951 750 ILCS 50/1 from Ch. 40, par. 1501 Amends the Adoption Act in provisions defining unfit parent to include a biological mother whose child at birth had blood or urine containing any amount of a controlled substance as defined in the Illinois Controlled Substances Act, excluding medical treatment administered to the mother or newborn, and who is the biological mother of at least one other child who has been adjudicated a neglected minor under provisions of the Juvenile Court Act of 1987 regarding children born with evidence of controlled substances in their blood or urine, and who thereafter had an opportunity to participate in a drug counseling, treatment, and rehabilitation program. Effective immediately. LRB9003306SMdv LRB9003306SMdv 1 AN ACT to amend the Adoption Act by changing Section 1. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Adoption Act is amended by changing 5 Section 1 as follows: 6 (750 ILCS 50/1) (from Ch. 40, par. 1501) 7 (Text of Section before amendment by P.A. 89-704) 8 Sec. 1. Definitions. When used in this Act, unless the 9 context otherwise requires: 10 A. "Child" means a person under legal age subject to 11 adoption under this Act. 12 B. "Related child" means a child subject to adoption 13 where either or both of the adopting parents stands in any of 14 the following relationships to the child by blood or 15 marriage: parent, grand-parent, brother, sister, step-parent, 16 step-grandparent, step-brother, step-sister, uncle, aunt, 17 great-uncle, great-aunt, or cousin of first degree. A child 18 whose parent has executed a final irrevocable consent to 19 adoption or a final irrevocable surrender for purposes of 20 adoption, or whose parent has had his or her parental rights 21 terminated, is not a related child to that person. 22 C. "Agency" for the purpose of this Act means a public 23 child welfare agency or a licensed child welfare agency. 24 D. "Unfit person" means any person whom the court shall 25 find to be unfit to have a child, without regard to the 26 likelihood that the child will be placed for adoption. The 27 grounds of unfitness are any one or more of the following: 28 (a) Abandonment of the child. 29 (b) Failure to maintain a reasonable degree of 30 interest, concern or responsibility as to the child's 31 welfare. -2- LRB9003306SMdv 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 (e) Extreme or repeated cruelty to the child. 7 (f) Two or more findings of physical abuse to any 8 children under Section 4-8 of the Juvenile Court Act or 9 Section 2-21 of the Juvenile Court Act of 1987, the most 10 recent of which was determined by the juvenile court 11 hearing the matter to be supported by clear and 12 convincing evidence; a criminal conviction resulting from 13 the death of any child by physical child abuse; or a 14 finding of physical child abuse resulting from the death 15 of any child under Section 4-8 of the Juvenile Court Act 16 or Section 2-21 of the Juvenile Court Act of 1987. 17 (g) Failure to protect the child from conditions 18 within his environment injurious to the child's welfare. 19 (h) Other neglect of, or misconduct toward the 20 child; provided that in making a finding of unfitness the 21 court hearing the adoption proceeding shall not be bound 22 by any previous finding, order or judgment affecting or 23 determining the rights of the parents toward the child 24 sought to be adopted in any other proceeding except such 25 proceedings terminating parental rights as shall be had 26 under either this Act, the Juvenile Court Act or the 27 Juvenile Court Act of 1987. 28 (i) Depravity. 29 (j) Open and notorious adultery or fornication. 30 (j-1) Conviction of first degree murder in 31 violation of paragraph 1 or 2 of subsection (a) of 32 Section 9-1 of the Criminal Code of 1961 or conviction of 33 second degree murder in violation of subsection (a) of 34 Section 9-2 of the Criminal Code of 1961 of a parent of -3- LRB9003306SMdv 1 the child to be adopted shall create a presumption of 2 unfitness that may be overcome only by clear and 3 convincing evidence. 4 (k) Habitual drunkenness or addiction to drugs, 5 other than those prescribed by a physician, for at least 6 one year immediately prior to the commencement of the 7 unfitness proceeding. 8 (l) Failure to demonstrate a reasonable degree of 9 interest, concern or responsibility as to the welfare of 10 a new born child during the first 30 days after its 11 birth. 12 (m) Failure by a parent to make reasonable efforts 13 to correct the conditions that were the basis for the 14 removal of the child from the parent, or to make 15 reasonable progress toward the return of the child to the 16 parent within 12 months after an adjudication of 17 neglected minor, abused minor or dependent minor under 18 the Juvenile Court Act or the Juvenile Court Act of 1987. 19 (n) Evidence of intent to forego his or her 20 parental rights, whether or not the child is a ward of 21 the court, (1) as manifested by his or her failure for a 22 period of 12 months: (i) to visit the child, (ii) to 23 communicate with the child or agency, although able to do 24 so and not prevented from doing so by an agency or by 25 court order, or (iii) to maintain contact with or plan 26 for the future of the child, although physically able to 27 do so, or (2) as manifested by the father's failure, 28 where he and the mother of the child were unmarried to 29 each other at the time of the child's birth, (i) to 30 commence legal proceedings to establish his paternity 31 under the Illinois Parentage Act of 1984 or the law of 32 the jurisdiction of the child's birth within 30 days of 33 being informed, pursuant to Section 12a of this Act, that 34 he is the father or the likely father of the child or, -4- LRB9003306SMdv 1 after being so informed where the child is not yet born, 2 within 30 days of the child's birth, or (ii) to make a 3 good faith effort to pay a reasonable amount of the 4 expenses related to the birth of the child and to provide 5 a reasonable amount for the financial support of the 6 child, the court to consider in its determination all 7 relevant circumstances, including the financial condition 8 of both parents; provided that the ground for termination 9 provided in this subparagraph (n)(2)(ii) shall only be 10 available where the petition is brought by the mother or 11 the husband of the mother. 12 Contact or communication by a parent with his or her 13 child that does not demonstrate affection and concern 14 does not constitute reasonable contact and planning under 15 subdivision (n). In the absence of evidence to the 16 contrary, the ability to visit, communicate, maintain 17 contact, pay expenses and plan for the future shall be 18 presumed. The subjective intent of the parent, whether 19 expressed or otherwise, unsupported by evidence of the 20 foregoing parental acts manifesting that intent, shall 21 not preclude a determination that the parent has intended 22 to forego his or her parental rights. In making this 23 determination, the court may consider but shall not 24 require a showing of diligent efforts by an authorized 25 agency to encourage the parent to perform the acts 26 specified in subdivision (n). 27 It shall be an affirmative defense to any allegation 28 under paragraph (2) of this subsection that the father's 29 failure was due to circumstances beyond his control or to 30 impediments created by the mother or any other person 31 having legal custody. Proof of that fact need only be by 32 a preponderance of the evidence. 33 (o) repeated or continuous failure by the parents, 34 although physically and financially able, to provide the -5- LRB9003306SMdv 1 child with adequate food, clothing, or shelter. 2 (p) inability to discharge parental 3 responsibilities supported by competent evidence from a 4 psychiatrist, licensed clinical social worker, or 5 clinical psychologist of mental impairment, mental 6 illness or mental retardation as defined in Section 1-116 7 of the Mental Health and Developmental Disabilities Code, 8 or developmental disability as defined in Section 1-106 9 of that Code, and there is sufficient justification to 10 believe that the inability to discharge parental 11 responsibilities shall extend beyond a reasonable time 12 period. However, this subdivision (p) shall not be 13 construed so as to permit a licensed clinical social 14 worker to conduct any medical diagnosis to determine 15 mental illness or mental impairment. 16 (q) a finding of physical abuse of the child under 17 Section 4-8 of the Juvenile Court Act or Section 2-21 of 18 the Juvenile Court Act of 1987 and a criminal conviction 19 of aggravated battery of the child. 20 (r) a finding that at birth the child's blood or 21 urine contained any amount of a controlled substance as 22 defined in subsection (f) of Section 102 of the Illinois 23 Controlled Substances Act, or a metabolite of a 24 controlled substance, with the exception of controlled 25 substances or metabolites of such substances, the 26 presence of which in the newborn infant was the result of 27 medical treatment administered to the mother or the 28 newborn infant, and that the biological mother of this 29 child is the biological mother of at least one other 30 child who was adjudicated a neglected minor under 31 subsection (c) of Section 2-3 of the Juvenile Court Act 32 of 1987, after which the biological mother had the 33 opportunity to participate in a drug counseling, 34 treatment, and rehabilitation program. -6- LRB9003306SMdv 1 E. "Parent" means the father or mother of a legitimate 2 or illegitimate child. For the purpose of this Act, a person 3 who has executed a final and irrevocable consent to adoption 4 or a final and irrevocable surrender for purposes of 5 adoption, or whose parental rights have been terminated by a 6 court, is not a parent of the child who was the subject of 7 the consent or surrender. 8 F. A person is available for adoption when the person 9 is: 10 (a) a child who has been surrendered for adoption 11 to an agency and to whose adoption the agency has 12 thereafter consented; 13 (b) a child to whose adoption a person authorized 14 by law, other than his parents, has consented, or to 15 whose adoption no consent is required pursuant to Section 16 8 of this Act; 17 (c) a child who is in the custody of persons who 18 intend to adopt him through placement made by his 19 parents; 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 -7- LRB9003306SMdv 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 -8- LRB9003306SMdv 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 -9- LRB9003306SMdv 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.) 6 (Text of Section after amendment by P.A. 89-704) 7 Sec. 1. Definitions. When used in this Act, unless the 8 context otherwise requires: 9 A. "Child" means a person under legal age subject to 10 adoption under this Act. 11 B. "Related child" means a child subject to adoption 12 where either or both of the adopting parents stands in any of 13 the following relationships to the child by blood or 14 marriage: parent, grand-parent, brother, sister, step-parent, 15 step-grandparent, step-brother, step-sister, uncle, aunt, 16 great-uncle, great-aunt, or cousin of first degree. A child 17 whose parent has executed a final irrevocable consent to 18 adoption or a final irrevocable surrender for purposes of 19 adoption, or whose parent has had his or her parental rights 20 terminated, is not a related child to that person, unless the 21 consent is void pursuant to subsection O of Section 10. 22 C. "Agency" for the purpose of this Act means a public 23 child welfare agency or a licensed child welfare agency. 24 D. "Unfit person" means any person whom the court shall 25 find to be unfit to have a child, without regard to the 26 likelihood that the child will be placed for adoption. The 27 grounds of unfitness are any one or more of the following: 28 (a) Abandonment of the child. 29 (b) Failure to maintain a reasonable degree of 30 interest, concern or responsibility as to the child's 31 welfare. 32 (c) Desertion of the child for more than 3 months 33 next preceding the commencement of the Adoption 34 proceeding. -10- LRB9003306SMdv 1 (d) Substantial neglect of the child if continuous 2 or repeated. 3 (d-1) Substantial neglect, if continuous or 4 repeated, of any child residing in the household which 5 resulted in the death of that child. 6 (e) Extreme or repeated cruelty to the child. 7 (f) Two or more findings of physical abuse to any 8 children under Section 4-8 of the Juvenile Court Act or 9 Section 2-21 of the Juvenile Court Act of 1987, the most 10 recent of which was determined by the juvenile court 11 hearing the matter to be supported by clear and 12 convincing evidence; a criminal conviction or a finding 13 of not guilty by reason of insanity resulting from the 14 death of any child by physical child abuse; or a finding 15 of physical child abuse resulting from the death of any 16 child under Section 4-8 of the Juvenile Court Act or 17 Section 2-21 of the Juvenile Court Act of 1987. 18 (g) Failure to protect the child from conditions 19 within his environment injurious to the child's welfare. 20 (h) Other neglect of, or misconduct toward the 21 child; provided that in making a finding of unfitness the 22 court hearing the adoption proceeding shall not be bound 23 by any previous finding, order or judgment affecting or 24 determining the rights of the parents toward the child 25 sought to be adopted in any other proceeding except such 26 proceedings terminating parental rights as shall be had 27 under either this Act, the Juvenile Court Act or the 28 Juvenile Court Act of 1987. 29 (i) Depravity. 30 (j) Open and notorious adultery or fornication. 31 (j-1) Conviction of first degree murder in 32 violation of paragraph 1 or 2 of subsection (a) of 33 Section 9-1 of the Criminal Code of 1961 or conviction of 34 second degree murder in violation of subsection (a) of -11- LRB9003306SMdv 1 Section 9-2 of the Criminal Code of 1961 of a parent of 2 the child to be adopted shall create a presumption of 3 unfitness that may be overcome only by clear and 4 convincing evidence. 5 (k) Habitual drunkenness or addiction to drugs, 6 other than those prescribed by a physician, for at least 7 one year immediately prior to the commencement of the 8 unfitness proceeding. 9 (l) Failure to demonstrate a reasonable degree of 10 interest, concern or responsibility as to the welfare of 11 a new born child during the first 30 days after its 12 birth. 13 (m) Failure by a parent to make reasonable efforts 14 to correct the conditions that were the basis for the 15 removal of the child from the parent, or to make 16 reasonable progress toward the return of the child to the 17 parent within 12 months after an adjudication of 18 neglected minor, abused minor or dependent minor under 19 the Juvenile Court Act or the Juvenile Court Act of 1987. 20 (n) Evidence of intent to forego his or her 21 parental rights, whether or not the child is a ward of 22 the court, (1) as manifested by his or her failure for a 23 period of 12 months: (i) to visit the child, (ii) to 24 communicate with the child or agency, although able to do 25 so and not prevented from doing so by an agency or by 26 court order, or (iii) to maintain contact with or plan 27 for the future of the child, although physically able to 28 do so, or (2) as manifested by the father's failure, 29 where he and the mother of the child were unmarried to 30 each other at the time of the child's birth, (i) to 31 commence legal proceedings to establish his paternity 32 under the Illinois Parentage Act of 1984 or the law of 33 the jurisdiction of the child's birth within 30 days of 34 being informed, pursuant to Section 12a of this Act, that -12- LRB9003306SMdv 1 he is the father or the likely father of the child or, 2 after being so informed where the child is not yet born, 3 within 30 days of the child's birth, or (ii) to make a 4 good faith effort to pay a reasonable amount of the 5 expenses related to the birth of the child and to provide 6 a reasonable amount for the financial support of the 7 child, the court to consider in its determination all 8 relevant circumstances, including the financial condition 9 of both parents; provided that the ground for termination 10 provided in this subparagraph (n)(2)(ii) shall only be 11 available where the petition is brought by the mother or 12 the husband of the mother. 13 Contact or communication by a parent with his or her 14 child that does not demonstrate affection and concern 15 does not constitute reasonable contact and planning under 16 subdivision (n). In the absence of evidence to the 17 contrary, the ability to visit, communicate, maintain 18 contact, pay expenses and plan for the future shall be 19 presumed. The subjective intent of the parent, whether 20 expressed or otherwise, unsupported by evidence of the 21 foregoing parental acts manifesting that intent, shall 22 not preclude a determination that the parent has intended 23 to forego his or her parental rights. In making this 24 determination, the court may consider but shall not 25 require a showing of diligent efforts by an authorized 26 agency to encourage the parent to perform the acts 27 specified in subdivision (n). 28 It shall be an affirmative defense to any allegation 29 under paragraph (2) of this subsection that the father's 30 failure was due to circumstances beyond his control or to 31 impediments created by the mother or any other person 32 having legal custody. Proof of that fact need only be by 33 a preponderance of the evidence. 34 (o) repeated or continuous failure by the parents, -13- LRB9003306SMdv 1 although physically and financially able, to provide the 2 child with adequate food, clothing, or shelter. 3 (p) inability to discharge parental 4 responsibilities supported by competent evidence from a 5 psychiatrist, licensed clinical social worker, or 6 clinical psychologist of mental impairment, mental 7 illness or mental retardation as defined in Section 1-116 8 of the Mental Health and Developmental Disabilities Code, 9 or developmental disability as defined in Section 1-106 10 of that Code, and there is sufficient justification to 11 believe that the inability to discharge parental 12 responsibilities shall extend beyond a reasonable time 13 period. However, this subdivision (p) shall not be 14 construed so as to permit a licensed clinical social 15 worker to conduct any medical diagnosis to determine 16 mental illness or mental impairment. 17 (q) a finding of physical abuse of the child under 18 Section 4-8 of the Juvenile Court Act or Section 2-21 of 19 the Juvenile Court Act of 1987 and a criminal conviction 20 of aggravated battery of the child. 21 (r) a finding that at birth the child's blood or 22 urine contained any amount of a controlled substance as 23 defined in subsection (f) of Section 102 of the Illinois 24 Controlled Substances Act, or a metabolite of a 25 controlled substance, with the exception of controlled 26 substances or metabolites of such substances, the 27 presence of which in the newborn infant was the result of 28 medical treatment administered to the mother or the 29 newborn infant, and that the biological mother of this 30 child is the biological mother of at least one other 31 child who was adjudicated a neglected minor under 32 subsection (c) of Section 2-3 of the Juvenile Court Act 33 of 1987, after which the biological mother had the 34 opportunity to participate in a drug counseling, -14- LRB9003306SMdv 1 treatment, and rehabilitation program. 2 E. "Parent" means the father or mother of a legitimate 3 or illegitimate child. For the purpose of this Act, a person 4 who has executed a final and irrevocable consent to adoption 5 or a final and irrevocable surrender for purposes of 6 adoption, or whose parental rights have been terminated by a 7 court, is not a parent of the child who was the subject of 8 the consent or surrender, unless the consent is void pursuant 9 to subsection O of Section 10. 10 F. A person is available for adoption when the person 11 is: 12 (a) a child who has been surrendered for adoption 13 to an agency and to whose adoption the agency has 14 thereafter consented; 15 (b) a child to whose adoption a person authorized 16 by law, other than his parents, has consented, or to 17 whose adoption no consent is required pursuant to Section 18 8 of this Act; 19 (c) a child who is in the custody of persons who 20 intend to adopt him through placement made by his 21 parents; 22 (c-1) a child for whom a parent has signed a 23 specific consent pursuant to subsection O of Section 10; 24 or 25 (d) an adult who meets the conditions set forth in 26 Section 3 of this Act. 27 A person who would otherwise be available for adoption 28 shall not be deemed unavailable for adoption solely by reason 29 of his or her death. 30 G. The singular includes the plural and the plural 31 includes the singular and the "male" includes the "female", 32 as the context of this Act may require. 33 H. "Adoption disruption" occurs when an adoptive 34 placement does not prove successful and it becomes necessary -15- LRB9003306SMdv 1 for the child to be removed from placement before the 2 adoption is finalized. 3 I. "Foreign placing agency" is an agency or individual 4 operating in a country or territory outside the United States 5 that is authorized by its country to place children for 6 adoption either directly with families in the United States 7 or through United States based international agencies. 8 J. "Immediate relatives" means the biological parents, 9 the parents of the biological parents and siblings of the 10 biological parents; 11 K. "Intercountry adoption" is a process by which a child 12 from a country other than the United States is adopted. 13 L. "Intercountry Adoption Coordinator" is a staff person 14 of the Department of Children and Family Services appointed 15 by the Director to coordinate the provision of services by 16 the public and private sector to prospective parents of 17 foreign-born children. 18 M. "Interstate Compact on the Placement of Children" is 19 a law enacted by most states for the purpose of establishing 20 uniform procedures for handling the interstate placement of 21 children in foster homes, adoptive homes, or other child care 22 facilities. 23 N. "Non-Compact state" means a state that has not 24 enacted the Interstate Compact on the Placement of Children. 25 O. "Preadoption requirements" are any conditions 26 established by the laws or regulations of the Federal 27 Government or of each state that must be met prior to the 28 placement of a child in an adoptive home. 29 P. "Abused child" means a child whose parent or 30 immediate family member, or any person responsible for the 31 child's welfare, or any individual residing in the same home 32 as the child, or a paramour of the child's parent: 33 (a) inflicts, causes to be inflicted, or allows to 34 be inflicted upon the child physical injury, by other -16- LRB9003306SMdv 1 than accidental means, that causes death, disfigurement, 2 impairment of physical or emotional health, or loss or 3 impairment of any bodily function; 4 (b) creates a substantial risk of physical injury 5 to the child by other than accidental means which would 6 be likely to cause death, disfigurement, impairment of 7 physical or emotional health, or loss or impairment of 8 any bodily function; 9 (c) commits or allows to be committed any sex 10 offense against the child, as sex offenses are defined in 11 the Criminal Code of 1961 and extending those definitions 12 of sex offenses to include children under 18 years of 13 age; 14 (d) commits or allows to be committed an act or 15 acts of torture upon the child; or 16 (e) inflicts excessive corporal punishment. 17 Q. "Neglected child" means any child whose parent or 18 other person responsible for the child's welfare withholds 19 or denies nourishment or medically indicated treatment 20 including food or care denied solely on the basis of the 21 present or anticipated mental or physical impairment as 22 determined by a physician acting alone or in consultation 23 with other physicians or otherwise does not provide the 24 proper or necessary support, education as required by law, or 25 medical or other remedial care recognized under State law as 26 necessary for a child's well-being, or other care necessary 27 for his or her well-being, including adequate food, clothing 28 and shelter; or who is abandoned by his or her parents or 29 other person responsible for the child's welfare. 30 A child shall not be considered neglected or abused for 31 the sole reason that the child's parent or other person 32 responsible for his or her welfare depends upon spiritual 33 means through prayer alone for the treatment or cure of 34 disease or remedial care as provided under Section 4 of the -17- LRB9003306SMdv 1 Abused and Neglected Child Reporting Act. 2 R. "Putative father" means a man who may be a child's 3 father, but who (1) is not married to the child's mother on 4 or before the date that the child was or is to be born and 5 (2) has not established paternity of the child in a court 6 proceeding before the filing of a petition for the adoption 7 of the child. The term includes a male who is less than 18 8 years of age. 9 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff. 10 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.) 11 Section 95. No acceleration or delay. Where this Act 12 makes changes in a statute that is represented in this Act by 13 text that is not yet or no longer in effect (for example, a 14 Section represented by multiple versions), the use of that 15 text does not accelerate or delay the taking effect of (i) 16 the changes made by this Act or (ii) provisions derived from 17 any other Public Act. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.