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90_HB0951enr
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
HB0951 Enrolled 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.
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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 (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
HB0951 Enrolled -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,
HB0951 Enrolled -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
HB0951 Enrolled -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,
21 urine, or meconium contained any amount of a controlled
22 substance as defined in subsection (f) of Section 102 of
23 the Illinois Controlled Substances Act, or a metabolite
24 of a controlled substance, with the exception of
25 controlled substances or metabolites of such substances,
26 the presence of which in the newborn infant was the
27 result of medical treatment administered to the mother or
28 the newborn infant, and that the biological mother of
29 this 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 enroll in and participate in a clinically
34 appropriate substance abuse counseling, treatment, and
HB0951 Enrolled -6- LRB9003306SMdv
1 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.
9 F. A person is available for adoption when the person
10 is:
11 (a) a child who has been surrendered for adoption
12 to an agency and to whose adoption the agency has
13 thereafter consented;
14 (b) a child to whose adoption a person authorized
15 by law, other than his parents, has consented, or to
16 whose adoption no consent is required pursuant to Section
17 8 of this Act;
18 (c) a child who is in the custody of persons who
19 intend to adopt him through placement made by his
20 parents; or
21 (d) an adult who meets the conditions set forth in
22 Section 3 of this Act.
23 A person who would otherwise be available for adoption
24 shall not be deemed unavailable for adoption solely by reason
25 of his or her death.
26 G. The singular includes the plural and the plural
27 includes the singular and the "male" includes the "female",
28 as the context of this Act may require.
29 H. "Adoption disruption" occurs when an adoptive
30 placement does not prove successful and it becomes necessary
31 for the child to be removed from placement before the
32 adoption is finalized.
33 I. "Foreign placing agency" is an agency or individual
34 operating in a country or territory outside the United States
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1 that is authorized by its country to place children for
2 adoption either directly with families in the United States
3 or through United States based international agencies.
4 J. "Immediate relatives" means the biological parents,
5 the parents of the biological parents and siblings of the
6 biological parents.
7 K. "Intercountry adoption" is a process by which a child
8 from a country other than the United States is adopted.
9 L. "Intercountry Adoption Coordinator" is a staff person
10 of the Department of Children and Family Services appointed
11 by the Director to coordinate the provision of services by
12 the public and private sector to prospective parents of
13 foreign-born children.
14 M. "Interstate Compact on the Placement of Children" is
15 a law enacted by most states for the purpose of establishing
16 uniform procedures for handling the interstate placement of
17 children in foster homes, adoptive homes, or other child care
18 facilities.
19 N. "Non-Compact state" means a state that has not
20 enacted the Interstate Compact on the Placement of Children.
21 O. "Preadoption requirements" are any conditions
22 established by the laws or regulations of the Federal
23 Government or of each state that must be met prior to the
24 placement of a child in an adoptive home.
25 P. "Abused child" means a child whose parent or
26 immediate family member, or any person responsible for the
27 child's welfare, or any individual residing in the same home
28 as the child, or a paramour of the child's parent:
29 (a) inflicts, causes to be inflicted, or allows to
30 be inflicted upon the child physical injury, by other
31 than accidental means, that causes death, disfigurement,
32 impairment of physical or emotional health, or loss or
33 impairment of any bodily function;
34 (b) creates a substantial risk of physical injury
HB0951 Enrolled -8- LRB9003306SMdv
1 to the child by other than accidental means which would
2 be likely to cause death, disfigurement, impairment of
3 physical or emotional health, or loss or impairment of
4 any bodily function;
5 (c) commits or allows to be committed any sex
6 offense against the child, as sex offenses are defined in
7 the Criminal Code of 1961 and extending those definitions
8 of sex offenses to include children under 18 years of
9 age;
10 (d) commits or allows to be committed an act or
11 acts of torture upon the child; or
12 (e) inflicts excessive corporal punishment.
13 Q. "Neglected child" means any child whose parent or
14 other person responsible for the child's welfare withholds
15 or denies nourishment or medically indicated treatment
16 including food or care denied solely on the basis of the
17 present or anticipated mental or physical impairment as
18 determined by a physician acting alone or in consultation
19 with other physicians or otherwise does not provide the
20 proper or necessary support, education as required by law, or
21 medical or other remedial care recognized under State law as
22 necessary for a child's well-being, or other care necessary
23 for his or her well-being, including adequate food, clothing
24 and shelter; or who is abandoned by his or her parents or
25 other person responsible for the child's welfare.
26 A child shall not be considered neglected or abused for
27 the sole reason that the child's parent or other person
28 responsible for his or her welfare depends upon spiritual
29 means through prayer alone for the treatment or cure of
30 disease or remedial care as provided under Section 4 of the
31 Abused and Neglected Child Reporting Act.
32 R. "Putative father" means a man who may be a child's
33 father, but who (1) is not married to the child's mother on
34 or before the date that the child was or is to be born and
HB0951 Enrolled -9- LRB9003306SMdv
1 (2) has not established paternity of the child in a court
2 proceeding before the filing of a petition for the adoption
3 of the child. The term includes a male who is less than 18
4 years of age.
5 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
6 1-24-95; 89-235, eff. 8-4-95.)
7 (Text of Section after 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, unless the
22 consent is void pursuant to subsection O of Section 10.
23 C. "Agency" for the purpose of this Act means a public
24 child welfare agency or a licensed child welfare agency.
25 D. "Unfit person" means any person whom the court shall
26 find to be unfit to have a child, without regard to the
27 likelihood that the child will be placed for adoption. The
28 grounds of unfitness are any one or more of the following:
29 (a) Abandonment of the child.
30 (b) Failure to maintain a reasonable degree of
31 interest, concern or responsibility as to the child's
32 welfare.
33 (c) Desertion of the child for more than 3 months
34 next preceding the commencement of the Adoption
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1 proceeding.
2 (d) Substantial neglect of the child if continuous
3 or repeated.
4 (d-1) Substantial neglect, if continuous or
5 repeated, of any child residing in the household which
6 resulted in the death of that child.
7 (e) Extreme or repeated cruelty to the child.
8 (f) Two or more findings of physical abuse to any
9 children under Section 4-8 of the Juvenile Court Act or
10 Section 2-21 of the Juvenile Court Act of 1987, the most
11 recent of which was determined by the juvenile court
12 hearing the matter to be supported by clear and
13 convincing evidence; a criminal conviction or a finding
14 of not guilty by reason of insanity resulting from the
15 death of any child by physical child abuse; or a finding
16 of physical child abuse resulting from the death of any
17 child under Section 4-8 of the Juvenile Court Act or
18 Section 2-21 of the Juvenile Court Act of 1987.
19 (g) Failure to protect the child from conditions
20 within his environment injurious to the child's welfare.
21 (h) Other neglect of, or misconduct toward the
22 child; provided that in making a finding of unfitness the
23 court hearing the adoption proceeding shall not be bound
24 by any previous finding, order or judgment affecting or
25 determining the rights of the parents toward the child
26 sought to be adopted in any other proceeding except such
27 proceedings terminating parental rights as shall be had
28 under either this Act, the Juvenile Court Act or the
29 Juvenile Court Act of 1987.
30 (i) Depravity.
31 (j) Open and notorious adultery or fornication.
32 (j-1) Conviction of first degree murder in
33 violation of paragraph 1 or 2 of subsection (a) of
34 Section 9-1 of the Criminal Code of 1961 or conviction of
HB0951 Enrolled -11- LRB9003306SMdv
1 second degree murder in violation of subsection (a) of
2 Section 9-2 of the Criminal Code of 1961 of a parent of
3 the child to be adopted shall create a presumption of
4 unfitness that may be overcome only by clear and
5 convincing evidence.
6 (k) Habitual drunkenness or addiction to drugs,
7 other than those prescribed by a physician, for at least
8 one year immediately prior to the commencement of the
9 unfitness proceeding.
10 (l) Failure to demonstrate a reasonable degree of
11 interest, concern or responsibility as to the welfare of
12 a new born child during the first 30 days after its
13 birth.
14 (m) Failure by a parent to make reasonable efforts
15 to correct the conditions that were the basis for the
16 removal of the child from the parent, or to make
17 reasonable progress toward the return of the child to the
18 parent within 12 months after an adjudication of
19 neglected minor, abused minor or dependent minor under
20 the Juvenile Court Act or the Juvenile Court Act of 1987.
21 (n) Evidence of intent to forego his or her
22 parental rights, whether or not the child is a ward of
23 the court, (1) as manifested by his or her failure for a
24 period of 12 months: (i) to visit the child, (ii) to
25 communicate with the child or agency, although able to do
26 so and not prevented from doing so by an agency or by
27 court order, or (iii) to maintain contact with or plan
28 for the future of the child, although physically able to
29 do so, or (2) as manifested by the father's failure,
30 where he and the mother of the child were unmarried to
31 each other at the time of the child's birth, (i) to
32 commence legal proceedings to establish his paternity
33 under the Illinois Parentage Act of 1984 or the law of
34 the jurisdiction of the child's birth within 30 days of
HB0951 Enrolled -12- LRB9003306SMdv
1 being informed, pursuant to Section 12a of this Act, that
2 he is the father or the likely father of the child or,
3 after being so informed where the child is not yet born,
4 within 30 days of the child's birth, or (ii) to make a
5 good faith effort to pay a reasonable amount of the
6 expenses related to the birth of the child and to provide
7 a reasonable amount for the financial support of the
8 child, the court to consider in its determination all
9 relevant circumstances, including the financial condition
10 of both parents; provided that the ground for termination
11 provided in this subparagraph (n)(2)(ii) shall only be
12 available where the petition is brought by the mother or
13 the husband of the mother.
14 Contact or communication by a parent with his or her
15 child that does not demonstrate affection and concern
16 does not constitute reasonable contact and planning under
17 subdivision (n). In the absence of evidence to the
18 contrary, the ability to visit, communicate, maintain
19 contact, pay expenses and plan for the future shall be
20 presumed. The subjective intent of the parent, whether
21 expressed or otherwise, unsupported by evidence of the
22 foregoing parental acts manifesting that intent, shall
23 not preclude a determination that the parent has intended
24 to forego his or her parental rights. In making this
25 determination, the court may consider but shall not
26 require a showing of diligent efforts by an authorized
27 agency to encourage the parent to perform the acts
28 specified in subdivision (n).
29 It shall be an affirmative defense to any allegation
30 under paragraph (2) of this subsection that the father's
31 failure was due to circumstances beyond his control or to
32 impediments created by the mother or any other person
33 having legal custody. Proof of that fact need only be by
34 a preponderance of the evidence.
HB0951 Enrolled -13- LRB9003306SMdv
1 (o) repeated or continuous failure by the parents,
2 although physically and financially able, to provide the
3 child with adequate food, clothing, or shelter.
4 (p) inability to discharge parental
5 responsibilities supported by competent evidence from a
6 psychiatrist, licensed clinical social worker, or
7 clinical psychologist of mental impairment, mental
8 illness or mental retardation as defined in Section 1-116
9 of the Mental Health and Developmental Disabilities Code,
10 or developmental disability as defined in Section 1-106
11 of that Code, and there is sufficient justification to
12 believe that the inability to discharge parental
13 responsibilities shall extend beyond a reasonable time
14 period. However, this subdivision (p) shall not be
15 construed so as to permit a licensed clinical social
16 worker to conduct any medical diagnosis to determine
17 mental illness or mental impairment.
18 (q) a finding of physical abuse of the child under
19 Section 4-8 of the Juvenile Court Act or Section 2-21 of
20 the Juvenile Court Act of 1987 and a criminal conviction
21 of aggravated battery of the child.
22 (r) a finding that at birth the child's blood or
23 urine contained any amount of a controlled substance as
24 defined in subsection (f) of Section 102 of the Illinois
25 Controlled Substances Act, or a metabolite of a
26 controlled substance, with the exception of controlled
27 substances or metabolites of such substances, the
28 presence of which in the newborn infant was the result of
29 medical treatment administered to the mother or the
30 newborn infant, and that the biological mother of this
31 child is the biological mother of at least one other
32 child who was adjudicated a neglected minor under
33 subsection (c) of Section 2-3 of the Juvenile Court Act
34 of 1987, after which the biological mother had the
HB0951 Enrolled -14- LRB9003306SMdv
1 opportunity to participate in a drug counseling,
2 treatment, and rehabilitation program.
3 E. "Parent" means the father or mother of a legitimate
4 or illegitimate child. For the purpose of this Act, a person
5 who has executed a final and irrevocable consent to adoption
6 or a final and irrevocable surrender for purposes of
7 adoption, or whose parental rights have been terminated by a
8 court, is not a parent of the child who was the subject of
9 the consent or surrender, unless the consent is void pursuant
10 to subsection O of Section 10.
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;
23 (c-1) a child for whom a parent has signed a
24 specific consent pursuant to subsection O of Section 10;
25 or
26 (d) an adult who meets the conditions set forth in
27 Section 3 of this Act.
28 A person who would otherwise be available for adoption
29 shall not be deemed unavailable for adoption solely by reason
30 of his or her death.
31 G. The singular includes the plural and the plural
32 includes the singular and the "male" includes the "female",
33 as the context of this Act may require.
34 H. "Adoption disruption" occurs when an adoptive
HB0951 Enrolled -15- LRB9003306SMdv
1 placement does not prove successful and it becomes necessary
2 for the child to be removed from placement before the
3 adoption is finalized.
4 I. "Foreign placing agency" is an agency or individual
5 operating in a country or territory outside the United States
6 that is authorized by its country to place children for
7 adoption either directly with families in the United States
8 or through United States based international agencies.
9 J. "Immediate relatives" means the biological parents,
10 the parents of the biological parents and siblings of the
11 biological parents.
12 K. "Intercountry adoption" is a process by which a child
13 from a country other than the United States is adopted.
14 L. "Intercountry Adoption Coordinator" is a staff person
15 of the Department of Children and Family Services appointed
16 by the Director to coordinate the provision of services by
17 the public and private sector to prospective parents of
18 foreign-born children.
19 M. "Interstate Compact on the Placement of Children" is
20 a law enacted by most states for the purpose of establishing
21 uniform procedures for handling the interstate placement of
22 children in foster homes, adoptive homes, or other child care
23 facilities.
24 N. "Non-Compact state" means a state that has not
25 enacted the Interstate Compact on the Placement of Children.
26 O. "Preadoption requirements" are any conditions
27 established by the laws or regulations of the Federal
28 Government or of each state that must be met prior to the
29 placement of a child in an adoptive home.
30 P. "Abused child" means a child whose parent or
31 immediate family member, or any person responsible for the
32 child's welfare, or any individual residing in the same home
33 as the child, or a paramour of the child's parent:
34 (a) inflicts, causes to be inflicted, or allows to
HB0951 Enrolled -16- LRB9003306SMdv
1 be inflicted upon the child physical injury, by other
2 than accidental means, that causes death, disfigurement,
3 impairment of physical or emotional health, or loss or
4 impairment of any bodily function;
5 (b) creates a substantial risk of physical injury
6 to the child by other than accidental means which would
7 be likely to cause death, disfigurement, impairment of
8 physical or emotional health, or loss or impairment of
9 any bodily function;
10 (c) commits or allows to be committed any sex
11 offense against the child, as sex offenses are defined in
12 the Criminal Code of 1961 and extending those definitions
13 of sex offenses to include children under 18 years of
14 age;
15 (d) commits or allows to be committed an act or
16 acts of torture upon the child; or
17 (e) inflicts excessive corporal punishment.
18 Q. "Neglected child" means any child whose parent or
19 other person responsible for the child's welfare withholds
20 or denies nourishment or medically indicated treatment
21 including food or care denied solely on the basis of the
22 present or anticipated mental or physical impairment as
23 determined by a physician acting alone or in consultation
24 with other physicians or otherwise does not provide the
25 proper or necessary support, education as required by law, or
26 medical or other remedial care recognized under State law as
27 necessary for a child's well-being, or other care necessary
28 for his or her well-being, including adequate food, clothing
29 and shelter; or who is abandoned by his or her parents or
30 other person responsible for the child's welfare.
31 A child shall not be considered neglected or abused for
32 the sole reason that the child's parent or other person
33 responsible for his or her welfare depends upon spiritual
34 means through prayer alone for the treatment or cure of
HB0951 Enrolled -17- LRB9003306SMdv
1 disease or remedial care as provided under Section 4 of the
2 Abused and Neglected Child Reporting Act.
3 R. "Putative father" means a man who may be a child's
4 father, but who (1) is not married to the child's mother on
5 or before the date that the child was or is to be born and
6 (2) has not established paternity of the child in a court
7 proceeding before the filing of a petition for the adoption
8 of the child. The term includes a male who is less than 18
9 years of age.
10 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
11 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.