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90_SB0366enr
750 ILCS 50/2.1 from Ch. 40, par. 1503
Amends the Adoption Act to make a technical change to a
provision concerning how to construe the Act.
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1 AN ACT concerning children, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Section 6a as follows:
6 (20 ILCS 505/6a) (from Ch. 23, par. 5006a)
7 (Text of Section before amendment by P.A. 89-704)
8 Sec. 6a. Case Plan.
9 (a) With respect to each Department client for whom the
10 Department is providing placement service, the Department
11 shall develop a case plan designed to stabilize the family
12 situation and prevent placement of a child outside the home
13 of the family, reunify the family if temporary placement is
14 necessary, or move the child toward the most permanent living
15 arrangement and permanent legal status. Such case plan shall
16 provide for the utilization of family preservation services.
17 Such case plan shall be reviewed and updated every 6 months.
18 Where appropriate, the case plan shall include
19 recommendations concerning alcohol or drug abuse evaluation.
20 (b) The Department may enter into written agreements
21 with child welfare agencies to establish and implement case
22 plan demonstration projects. The demonstration projects
23 shall require that service providers develop, implement,
24 review and update client case plans. The Department shall
25 examine the effectiveness of the demonstration projects in
26 promoting the family reunification or the permanent placement
27 of each client and shall report its findings to the General
28 Assembly no later than 90 days after the end of the fiscal
29 year in which any such demonstration project is implemented.
30 (Source: P.A. 85-985; 86-1296.)
31 (Text of Section after amendment by P.A. 89-704)
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1 Sec. 6a. Case Plan.
2 (a) With respect to each Department client for whom the
3 Department is providing placement service, the Department
4 shall develop a case plan designed to stabilize the family
5 situation and prevent placement of a child outside the home
6 of the family, reunify the family if temporary placement is
7 necessary, or move the child toward the most permanent living
8 arrangement and permanent legal status. Such case plan shall
9 provide for the utilization of reasonable family preservation
10 services as defined in Section 8.2 of the Abused and
11 Neglected Child Reporting Act. Such case plan shall be
12 reviewed and updated every 6 months. Where appropriate, the
13 case plan shall include recommendations concerning alcohol or
14 drug abuse evaluation.
15 (b) The Department may enter into written agreements
16 with child welfare agencies to establish and implement case
17 plan demonstration projects. The demonstration projects
18 shall require that service providers develop, implement,
19 review and update client case plans. The Department shall
20 examine the effectiveness of the demonstration projects in
21 promoting the family reunification or the permanent placement
22 of each client and shall report its findings to the General
23 Assembly no later than 90 days after the end of the fiscal
24 year in which any such demonstration project is implemented.
25 (Source: P.A. 89-704, eff. 1-1-98.)
26 Section 10. The Juvenile Court Act of 1987 is amended by
27 changing Sections 1-2, 2-21, and 2-29 as follows:
28 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
29 (Text of Section before amendment by P.A. 89-704)
30 Sec. 1-2. Purpose and policy. (1) The purpose of this
31 Act is to secure for each minor subject hereto such care and
32 guidance, preferably in his or her own home, as will serve
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1 the moral, emotional, mental, and physical welfare of the
2 minor and the best interests of the community; to preserve
3 and strengthen the minor's family ties whenever possible,
4 removing him or her from the custody of his or her parents
5 only when his or her welfare or safety or the protection of
6 the public cannot be adequately safeguarded without removal;
7 and, when the minor is removed from his or her own family, to
8 secure for him or her custody, care and discipline as nearly
9 as possible equivalent to that which should be given by his
10 or her parents, and in cases where it should and can properly
11 be done to place the minor in a family home so that he or she
12 may become a member of the family by legal adoption or
13 otherwise.
14 (2) In all proceedings under this Act the court may
15 direct the course thereof so as promptly to ascertain the
16 jurisdictional facts and fully to gather information bearing
17 upon the current condition and future welfare of persons
18 subject to this Act. This Act shall be administered in a
19 spirit of humane concern, not only for the rights of the
20 parties, but also for the fears and the limits of
21 understanding of all who appear before the court.
22 (3) In all procedures under this Act, the following
23 shall apply:
24 (a) The procedural rights assured to the minor shall be
25 the rights of adults unless specifically precluded by laws
26 which enhance the protection of such minors.
27 (b) Every child has a right to services necessary to his
28 or her proper development, including health, education and
29 social services.
30 (c) The parents' right to the custody of their child
31 shall not prevail when the court determines that it is
32 contrary to the best interests of the child.
33 (4) This Act shall be liberally construed to carry out
34 the foregoing purpose and policy.
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1 (Source: P.A. 85-601.)
2 (Text of Section after amendment by P.A. 89-704)
3 Sec. 1-2. Purpose and policy.
4 (1) The purpose of this Act is to secure for each minor
5 subject hereto such care and guidance, preferably in his or
6 her own home, as will serve the moral, emotional, mental, and
7 physical welfare of the minor and the best interests of the
8 community; to preserve and strengthen the minor's family ties
9 whenever possible, removing him or her from the custody of
10 his or her parents only when his or her welfare or safety or
11 the protection of the public cannot be adequately safeguarded
12 without removal; and, when the minor is removed from his or
13 her own family, to secure for him or her custody, care and
14 discipline as nearly as possible equivalent to that which
15 should be given by his or her parents, and in cases where it
16 should and can properly be done to place the minor in a
17 family home so that he or she may become a member of the
18 family by legal adoption or otherwise. Provided that a
19 ground for unfitness under the Adoption Act can be met, it
20 may be appropriate to expedite termination of parental
21 rights:
22 (a) when reasonable efforts are inappropriate, or have
23 been provided and were unsuccessful, and there are
24 aggravating circumstances including, but not limited to,
25 those cases in which (i) a child or a sibling of the child
26 was (A) abandoned, (B) tortured, or (C) chronically abused or
27 (ii) the parent is criminally convicted of (A) first degree
28 murder or second degree murder of any child, (B) attempt or
29 conspiracy to commit first degree murder or second degree
30 murder of any child, (C) solicitation to commit murder,
31 solicitation to commit murder for hire, or solicitation to
32 commit second degree murder of any child, or accountability
33 for the first or second degree murder of any child, or (D)
34 aggravated criminal sexual assault in violation of Section
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1 12-14(b)(1) of the Criminal Code of 1961; or
2 (b) when the parental rights of a parent with respect to
3 a sibling of the child have been terminated; or in
4 abandonment cases; or in those extreme cases in which the
5 parent's conduct toward the child or the child's sibling has
6 been so egregious that the behavior justifies termination of
7 parental rights; or
8 (c) in those extreme cases in which the parent's
9 incapacity to care for the child, combined with an extremely
10 poor prognosis for treatment or rehabilitation, justifies
11 expedited termination of a determination that parental rights
12 should be terminated.
13 (2) In all proceedings under this Act the court may
14 direct the course thereof so as promptly to ascertain the
15 jurisdictional facts and fully to gather information bearing
16 upon the current condition and future welfare of persons
17 subject to this Act. This Act shall be administered in a
18 spirit of humane concern, not only for the rights of the
19 parties, but also for the fears and the limits of
20 understanding of all who appear before the court.
21 (3) In all procedures under this Act, the following
22 shall apply:
23 (a) The procedural rights assured to the minor
24 shall be the rights of adults unless specifically
25 precluded by laws which enhance the protection of such
26 minors.
27 (b) Every child has a right to services necessary
28 to his or her proper development, including health,
29 education and social services.
30 (c) The parents' right to the custody of their
31 child shall not prevail when the court determines that it
32 is contrary to the best interests of the child.
33 (4) This Act shall be liberally construed to carry out
34 the foregoing purpose and policy.
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1 (Source: P.A. 89-704, eff. 1-1-98.)
2 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
3 (Text of Section before amendment by P.A. 89-704)
4 Sec. 2-21. Findings and adjudication.
5 (1) After hearing the evidence the court shall determine
6 whether or not the minor is abused, neglected, or dependent.
7 If it finds that the minor is not such a person, the court
8 shall order the petition dismissed and the minor discharged.
9 The court's determination of whether the minor is abused,
10 neglected, or dependent shall be stated in writing with the
11 factual basis supporting that determination.
12 If the court finds that the minor is abused, neglected,
13 or dependent, the court shall then determine and put in
14 writing the factual basis supporting the determination of
15 whether the abuse, neglect, or dependency is the result of
16 physical abuse to the minor inflicted by a parent, guardian,
17 or legal custodian. That finding shall appear in the order
18 of the court.
19 (2) If the court determines and puts in writing the
20 factual basis supporting the determination that the minor is
21 either abused or neglected or dependent, the court shall then
22 set a time not later than 30 days after the entry of the
23 finding for a dispositional hearing to be conducted under
24 Section 2-22 at which hearing the court shall determine
25 whether it is in the best interests of the minor and the
26 public that he be made a ward of the court. To assist the
27 court in making this and other determinations at the
28 dispositional hearing, the court may order that an
29 investigation be conducted and a dispositional report be
30 prepared concerning the minor's physical and mental history
31 and condition, family situation and background, economic
32 status, education, occupation, history of delinquency or
33 criminality, personal habits, and any other information that
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1 may be helpful to the court. The dispositional hearing may
2 be continued once for a period not to exceed 30 days if the
3 court finds that such continuance is necessary to complete
4 the dispositional report.
5 (3) The time limits of this Section may be waived only
6 by consent of all parties and approval by the court, as
7 determined to be in the best interests of the minor.
8 (4) For all cases adjudicated prior to July 1, 1991, for
9 which no dispositional hearing has been held prior to that
10 date, a dispositional hearing under Section 2-22 shall be
11 held within 90 days of July 1, 1991.
12 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
13 12-2-94.)
14 (Text of Section after amendment by P.A. 89-704)
15 Sec. 2-21. Findings and adjudication.
16 (1) After hearing the evidence the court shall determine
17 whether or not the minor is abused, neglected, or dependent.
18 If it finds that the minor is not such a person, the court
19 shall order the petition dismissed and the minor discharged.
20 The court's determination of whether the minor is abused,
21 neglected, or dependent shall be stated in writing with the
22 factual basis supporting that determination.
23 If the court finds that the minor is abused, neglected,
24 or dependent, the court shall then determine and put in
25 writing the factual basis supporting the determination of
26 whether the abuse, neglect, or dependency is the result of
27 physical abuse to the minor inflicted by a parent, guardian,
28 or legal custodian. That finding shall appear in the order
29 of the court.
30 (2) If the court determines and puts in writing the
31 factual basis supporting the determination that the minor is
32 either abused or neglected or dependent, the court shall then
33 set a time not later than 30 days after the entry of the
34 finding for a dispositional hearing to be conducted under
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1 Section 2-22 at which hearing the court shall determine
2 whether it is in the best interests of the minor and the
3 public that he be made a ward of the court. To assist the
4 court in making this and other determinations at the
5 dispositional hearing, the court may order that an
6 investigation be conducted and a dispositional report be
7 prepared concerning the minor's physical and mental history
8 and condition, family situation and background, economic
9 status, education, occupation, history of delinquency or
10 criminality, personal habits, and any other information that
11 may be helpful to the court. The dispositional hearing may
12 be continued once for a period not to exceed 30 days if the
13 court finds that such continuance is necessary to complete
14 the dispositional report.
15 (3) The time limits of this Section may be waived only
16 by consent of all parties and approval by the court, as
17 determined to be in the best interests of the minor.
18 (4) For all cases adjudicated prior to July 1, 1991, for
19 which no dispositional hearing has been held prior to that
20 date, a dispositional hearing under Section 2-22 shall be
21 held within 90 days of July 1, 1991.
22 (5) The court may terminate the parental rights of a
23 parent at the initial dispositional hearing if all of the
24 following conditions are met:
25 (i) the original, amended, or supplemental petition
26 contains a request for termination of parental rights and
27 appointment of a guardian with power to consent to
28 adoption; and
29 (ii) the court has found by a preponderance of
30 evidence, introduced or stipulated to at an adjudicatory
31 hearing, that the child comes under the jurisdiction of
32 the court as an abused, neglected, or dependent minor
33 under Section 2-18; and
34 (iii) the court finds, on the basis of clear and
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1 convincing legally admissible evidence admitted
2 introduced or stipulated to at the adjudicatory hearing
3 or at the dispositional hearing, that the parent is an
4 unfit person under subdivision D of Section 1 of the
5 Adoption Act; and
6 (iv) the court determines in accordance with the
7 rules of evidence for dispositional proceedings, that:
8 (A) it is in the best interest of the minor
9 and public that the child be made a ward of the
10 court; and
11 (B) termination of parental rights and
12 appointment of a guardian with power to consent to
13 adoption is in the best interest of the child
14 pursuant to Section 2-29.
15 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
16 12-2-94; 89-704, eff. 1-1-98.)
17 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
18 (Text of Section before amendment by P.A. 89-704)
19 Sec. 2-29. Adoption; appointment of guardian with power
20 to consent.
21 (1) A ward of the court under this Act, with the consent
22 of the court, may be the subject of a petition for adoption
23 under "An Act in relation to the adoption of persons, and to
24 repeal an Act therein named", approved July 17, 1959, as now
25 or hereafter amended, or with like consent his or her parent
26 or parents may, in the manner required by such Act, surrender
27 him or her for adoption to an agency legally authorized or
28 licensed to place children for adoption.
29 (2) If the petition prays and the court finds that it is
30 in the best interest of the minor that a guardian of the
31 person be appointed and authorized to consent to the adoption
32 of the minor, the court with the consent of the parents, if
33 living, or after finding, based upon clear and convincing
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1 evidence, that a non-consenting parent is an unfit person as
2 defined in Section 1 of "An Act in relation to the adoption
3 of persons, and to repeal an Act therein named", approved
4 July 17, 1959, as amended, may empower the guardian of the
5 person of the minor, in the order appointing him or her as
6 such guardian, to appear in court where any proceedings for
7 the adoption of the minor may at any time be pending and to
8 consent to the adoption. Such consent is sufficient to
9 authorize the court in the adoption proceedings to enter a
10 proper order or judgment of adoption without further notice
11 to, or consent by, the parents of the minor. An order so
12 empowering the guardian to consent to adoption terminates
13 parental rights, deprives the parents of the minor of all
14 legal rights as respects the minor and relieves them of all
15 parental responsibility for him or her, and frees the minor
16 from all obligations of maintenance and obedience to his or
17 her natural parents.
18 If the minor is over 14 years of age, the court may, in
19 its discretion, consider the wishes of the minor in
20 determining whether the best interests of the minor would be
21 promoted by the finding of the unfitness of a non-consenting
22 parent.
23 (3) Parental consent to the order authorizing the
24 guardian of the person to consent to adoption of the minor
25 shall be given in open court whenever possible and otherwise
26 must be in writing and signed in the form provided in "An Act
27 in relation to the adoption of persons, and to repeal an Act
28 therein named", approved July 17, 1959, as now or hereafter
29 amended, but no names of petitioners for adoption need be
30 included. A finding of the unfitness of a nonconsenting
31 parent must be made in compliance with that Act and be based
32 upon clear and convincing evidence. Provisions of that Act
33 relating to minor parents and to mentally ill or mentally
34 deficient parents apply to proceedings under this Section and
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1 any findings with respect to such parents shall be based upon
2 clear and convincing evidence.
3 (Source: P.A. 85-601.)
4 (Text of Section after amendment by P.A. 89-704)
5 Sec. 2-29. Adoption; appointment of guardian with power
6 to consent.
7 (1) With leave of the court, a minor who is the subject
8 of an abuse, neglect, or dependency petition under this Act
9 may be the subject of a petition for adoption under the
10 Adoption Act.
11 (1.1) The parent or parents of a child in whose interest
12 a petition under Section 2-13 of this Act is pending may, in
13 the manner required by the Adoption Act, (a) surrender him or
14 her for adoption to an agency legally authorized or licensed
15 to place children for adoption, (b) consent to his or her
16 adoption, or (c) consent to his or her adoption by a
17 specified person or persons. Nothing in this Section requires
18 that the parent or parents execute the surrender, consent, or
19 consent to adoption by a specified person in open court.
20 (2) If a petition prays and the court finds that it is
21 in the best interest of the minor that a guardian of the
22 person be appointed and authorized to consent to the adoption
23 of the minor, the court, with the consent agreement of the
24 parents, if living, or after finding, based upon clear and
25 convincing evidence, that a parent is an unfit person as
26 defined in Section 1 of the Adoption Act, may empower the
27 guardian of the person of the minor, in the order appointing
28 him or her as such guardian, to appear in court where any
29 proceedings for the adoption of the minor may at any time be
30 pending and to consent to the adoption. Such consent is
31 sufficient to authorize the court in the adoption proceedings
32 to enter a proper order or judgment of adoption without
33 further notice to, or consent by, the parents of the minor.
34 An order so empowering the guardian to consent to adoption
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1 terminates parental rights, deprives the parents of the minor
2 of all legal rights as respects the minor and relieves them
3 of all parental responsibility for him or her, and frees the
4 minor from all obligations of maintenance and obedience to
5 his or her natural parents.
6 If the minor is over 14 years of age, the court may, in
7 its discretion, consider the wishes of the minor in
8 determining whether the best interests of the minor would be
9 promoted by the finding of the unfitness of a non-consenting
10 parent.
11 (3) Parental consent to the request for an order
12 authorizing the guardian of the person to consent to adoption
13 of the minor shall be made in open court whenever possible
14 and otherwise must be in writing and signed in the form
15 provided in the Adoption Act, but no names of petitioners for
16 adoption need be included.
17 (4) A finding of the unfitness of a parent must be made
18 in compliance with the Adoption Act and be based upon clear
19 and convincing evidence. Provisions of the Adoption Act
20 relating to minor parents and to mentally ill or mentally
21 deficient parents apply to proceedings under this Section and
22 any findings with respect to such parents shall be based upon
23 clear and convincing evidence.
24 (Source: P.A. 89-704, eff. 1-1-98.)
25 Section 15. The Adoption Act is amended by changing
26 Section 1 as follows:
27 (750 ILCS 50/1) (from Ch. 40, par. 1501)
28 (Text of Section before amendment by P.A. 89-704)
29 Sec. 1. Definitions. When used in this Act, unless the
30 context otherwise requires:
31 A. "Child" means a person under legal age subject to
32 adoption under this Act.
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1 B. "Related child" means a child subject to adoption
2 where either or both of the adopting parents stands in any of
3 the following relationships to the child by blood or
4 marriage: parent, grand-parent, brother, sister, step-parent,
5 step-grandparent, step-brother, step-sister, uncle, aunt,
6 great-uncle, great-aunt, or cousin of first degree. A child
7 whose parent has executed a final irrevocable consent to
8 adoption or a final irrevocable surrender for purposes of
9 adoption, or whose parent has had his or her parental rights
10 terminated, is not a related child to that person.
11 C. "Agency" for the purpose of this Act means a public
12 child welfare agency or a licensed child welfare agency.
13 D. "Unfit person" means any person whom the court shall
14 find to be unfit to have a child, without regard to the
15 likelihood that the child will be placed for adoption. The
16 grounds of unfitness are any one or more of the following:
17 (a) Abandonment of the child.
18 (b) Failure to maintain a reasonable degree of
19 interest, concern or responsibility as to the child's
20 welfare.
21 (c) Desertion of the child for more than 3 months
22 next preceding the commencement of the Adoption
23 proceeding.
24 (d) Substantial neglect of the child if continuous
25 or repeated.
26 (e) Extreme or repeated cruelty to the child.
27 (f) Two or more findings of physical abuse to any
28 children under Section 4-8 of the Juvenile Court Act or
29 Section 2-21 of the Juvenile Court Act of 1987, the most
30 recent of which was determined by the juvenile court
31 hearing the matter to be supported by clear and
32 convincing evidence; a criminal conviction resulting from
33 the death of any child by physical child abuse; or a
34 finding of physical child abuse resulting from the death
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1 of any child under Section 4-8 of the Juvenile Court Act
2 or Section 2-21 of the Juvenile Court Act of 1987.
3 (g) Failure to protect the child from conditions
4 within his environment injurious to the child's welfare.
5 (h) Other neglect of, or misconduct toward the
6 child; provided that in making a finding of unfitness the
7 court hearing the adoption proceeding shall not be bound
8 by any previous finding, order or judgment affecting or
9 determining the rights of the parents toward the child
10 sought to be adopted in any other proceeding except such
11 proceedings terminating parental rights as shall be had
12 under either this Act, the Juvenile Court Act or the
13 Juvenile Court Act of 1987.
14 (i) Depravity.
15 (j) Open and notorious adultery or fornication.
16 (j-1) Conviction of first degree murder in
17 violation of paragraph 1 or 2 of subsection (a) of
18 Section 9-1 of the Criminal Code of 1961 or conviction of
19 second degree murder in violation of subsection (a) of
20 Section 9-2 of the Criminal Code of 1961 of a parent of
21 the child to be adopted shall create a presumption of
22 unfitness that may be overcome only by clear and
23 convincing evidence.
24 (k) Habitual drunkenness or addiction to drugs,
25 other than those prescribed by a physician, for at least
26 one year immediately prior to the commencement of the
27 unfitness proceeding.
28 (l) Failure to demonstrate a reasonable degree of
29 interest, concern or responsibility as to the welfare of
30 a new born child during the first 30 days after its
31 birth.
32 (m) Failure by a parent to make reasonable efforts
33 to correct the conditions that were the basis for the
34 removal of the child from the parent, or to make
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1 reasonable progress toward the return of the child to the
2 parent within 12 months after an adjudication of
3 neglected minor, abused minor or dependent minor under
4 the Juvenile Court Act or the Juvenile Court Act of 1987.
5 (n) Evidence of intent to forego his or her
6 parental rights, whether or not the child is a ward of
7 the court, (1) as manifested by his or her failure for a
8 period of 12 months: (i) to visit the child, (ii) to
9 communicate with the child or agency, although able to do
10 so and not prevented from doing so by an agency or by
11 court order, or (iii) to maintain contact with or plan
12 for the future of the child, although physically able to
13 do so, or (2) as manifested by the father's failure,
14 where he and the mother of the child were unmarried to
15 each other at the time of the child's birth, (i) to
16 commence legal proceedings to establish his paternity
17 under the Illinois Parentage Act of 1984 or the law of
18 the jurisdiction of the child's birth within 30 days of
19 being informed, pursuant to Section 12a of this Act, that
20 he is the father or the likely father of the child or,
21 after being so informed where the child is not yet born,
22 within 30 days of the child's birth, or (ii) to make a
23 good faith effort to pay a reasonable amount of the
24 expenses related to the birth of the child and to provide
25 a reasonable amount for the financial support of the
26 child, the court to consider in its determination all
27 relevant circumstances, including the financial condition
28 of both parents; provided that the ground for termination
29 provided in this subparagraph (n)(2)(ii) shall only be
30 available where the petition is brought by the mother or
31 the husband of the mother.
32 Contact or communication by a parent with his or her
33 child that does not demonstrate affection and concern
34 does not constitute reasonable contact and planning under
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1 subdivision (n). In the absence of evidence to the
2 contrary, the ability to visit, communicate, maintain
3 contact, pay expenses and plan for the future shall be
4 presumed. The subjective intent of the parent, whether
5 expressed or otherwise, unsupported by evidence of the
6 foregoing parental acts manifesting that intent, shall
7 not preclude a determination that the parent has intended
8 to forego his or her parental rights. In making this
9 determination, the court may consider but shall not
10 require a showing of diligent efforts by an authorized
11 agency to encourage the parent to perform the acts
12 specified in subdivision (n).
13 It shall be an affirmative defense to any allegation
14 under paragraph (2) of this subsection that the father's
15 failure was due to circumstances beyond his control or to
16 impediments created by the mother or any other person
17 having legal custody. Proof of that fact need only be by
18 a preponderance of the evidence.
19 (o) repeated or continuous failure by the parents,
20 although physically and financially able, to provide the
21 child with adequate food, clothing, or shelter.
22 (p) inability to discharge parental
23 responsibilities supported by competent evidence from a
24 psychiatrist, licensed clinical social worker, or
25 clinical psychologist of mental impairment, mental
26 illness or mental retardation as defined in Section 1-116
27 of the Mental Health and Developmental Disabilities Code,
28 or developmental disability as defined in Section 1-106
29 of that Code, and there is sufficient justification to
30 believe that the inability to discharge parental
31 responsibilities shall extend beyond a reasonable time
32 period. However, this subdivision (p) shall not be
33 construed so as to permit a licensed clinical social
34 worker to conduct any medical diagnosis to determine
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1 mental illness or mental impairment.
2 (q) a finding of physical abuse of the child under
3 Section 4-8 of the Juvenile Court Act or Section 2-21 of
4 the Juvenile Court Act of 1987 and a criminal conviction
5 of aggravated battery of the child.
6 E. "Parent" means the father or mother of a legitimate
7 or illegitimate child. For the purpose of this Act, a person
8 who has executed a final and irrevocable consent to adoption
9 or a final and irrevocable surrender for purposes of
10 adoption, or whose parental rights have been terminated by a
11 court, is not a parent of the child who was the subject of
12 the consent or surrender.
13 F. A person is available for adoption when the person
14 is:
15 (a) a child who has been surrendered for adoption
16 to an agency and to whose adoption the agency has
17 thereafter consented;
18 (b) a child to whose adoption a person authorized
19 by law, other than his parents, has consented, or to
20 whose adoption no consent is required pursuant to Section
21 8 of this Act;
22 (c) a child who is in the custody of persons who
23 intend to adopt him through placement made by his
24 parents; 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
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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
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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
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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.)
11 (Text of Section after amendment by P.A. 89-704)
12 Sec. 1. Definitions. When used in this Act, unless the
13 context otherwise requires:
14 A. "Child" means a person under legal age subject to
15 adoption under this Act.
16 B. "Related child" means a child subject to adoption
17 where either or both of the adopting parents stands in any of
18 the following relationships to the child by blood or
19 marriage: parent, grand-parent, brother, sister, step-parent,
20 step-grandparent, step-brother, step-sister, uncle, aunt,
21 great-uncle, great-aunt, or cousin of first degree. A child
22 whose parent has executed a final irrevocable consent to
23 adoption or a final irrevocable surrender for purposes of
24 adoption, or whose parent has had his or her parental rights
25 terminated, is not a related child to that person, unless the
26 consent is determined to be void or is void pursuant to
27 subsection O of Section 10.
28 C. "Agency" for the purpose of this Act means a public
29 child welfare agency or a licensed child welfare agency.
30 D. "Unfit person" means any person whom the court shall
31 find to be unfit to have a child, without regard to the
32 likelihood that the child will be placed for adoption. The
33 grounds of unfitness are any one or more of the following:
34 (a) Abandonment of the child.
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1 (b) Failure to maintain a reasonable degree of
2 interest, concern or responsibility as to the child's
3 welfare.
4 (c) Desertion of the child for more than 3 months
5 next preceding the commencement of the Adoption
6 proceeding.
7 (d) Substantial neglect of the child if continuous
8 or repeated.
9 (d-1) Substantial neglect, if continuous or
10 repeated, of any child residing in the household which
11 resulted in the death of that child.
12 (e) Extreme or repeated cruelty to the child.
13 (f) Two or more findings of physical abuse to any
14 children under Section 4-8 of the Juvenile Court Act or
15 Section 2-21 of the Juvenile Court Act of 1987, the most
16 recent of which was determined by the juvenile court
17 hearing the matter to be supported by clear and
18 convincing evidence; a criminal conviction or a finding
19 of not guilty by reason of insanity resulting from the
20 death of any child by physical child abuse; or a finding
21 of physical child abuse resulting from the death of any
22 child under Section 4-8 of the Juvenile Court Act or
23 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 (n) Evidence of intent to forego his or her
27 parental rights, whether or not the child is a ward of
28 the court, (1) as manifested by his or her failure for a
29 period of 12 months: (i) to visit the child, (ii) to
30 communicate with the child or agency, although able to do
31 so and not prevented from doing so by an agency or by
32 court order, or (iii) to maintain contact with or plan
33 for the future of the child, although physically able to
34 do so, or (2) as manifested by the father's failure,
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1 where he and the mother of the child were unmarried to
2 each other at the time of the child's birth, (i) to
3 commence legal proceedings to establish his paternity
4 under the Illinois Parentage Act of 1984 or the law of
5 the jurisdiction of the child's birth within 30 days of
6 being informed, pursuant to Section 12a of this Act, that
7 he is the father or the likely father of the child or,
8 after being so informed where the child is not yet born,
9 within 30 days of the child's birth, or (ii) to make a
10 good faith effort to pay a reasonable amount of the
11 expenses related to the birth of the child and to provide
12 a reasonable amount for the financial support of the
13 child, the court to consider in its determination all
14 relevant circumstances, including the financial condition
15 of both parents; provided that the ground for termination
16 provided in this subparagraph (n)(2)(ii) shall only be
17 available where the petition is brought by the mother or
18 the husband of the mother.
19 Contact or communication by a parent with his or her
20 child that does not demonstrate affection and concern
21 does not constitute reasonable contact and planning under
22 subdivision (n). In the absence of evidence to the
23 contrary, the ability to visit, communicate, maintain
24 contact, pay expenses and plan for the future shall be
25 presumed. The subjective intent of the parent, whether
26 expressed or otherwise, unsupported by evidence of the
27 foregoing parental acts manifesting that intent, shall
28 not preclude a determination that the parent has intended
29 to forego his or her parental rights. In making this
30 determination, the court may consider but shall not
31 require a showing of diligent efforts by an authorized
32 agency to encourage the parent to perform the acts
33 specified in subdivision (n).
34 It shall be an affirmative defense to any allegation
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1 under paragraph (2) of this subsection that the father's
2 failure was due to circumstances beyond his control or to
3 impediments created by the mother or any other person
4 having legal custody. Proof of that fact need only be by
5 a preponderance of the evidence.
6 (o) repeated or continuous failure by the parents,
7 although physically and financially able, to provide the
8 child with adequate food, clothing, or shelter.
9 (p) inability to discharge parental
10 responsibilities supported by competent evidence from a
11 psychiatrist, licensed clinical social worker, or
12 clinical psychologist of mental impairment, mental
13 illness or mental retardation as defined in Section 1-116
14 of the Mental Health and Developmental Disabilities Code,
15 or developmental disability as defined in Section 1-106
16 of that Code, and there is sufficient justification to
17 believe that the inability to discharge parental
18 responsibilities shall extend beyond a reasonable time
19 period. However, this subdivision (p) shall not be
20 construed so as to permit a licensed clinical social
21 worker to conduct any medical diagnosis to determine
22 mental illness or mental impairment.
23 (q) a finding of physical abuse of the child under
24 Section 4-8 of the Juvenile Court Act or Section 2-21 of
25 the Juvenile Court Act of 1987 and a criminal conviction
26 of aggravated battery of the child.
27 E. "Parent" means the father or mother of a legitimate
28 or illegitimate child. For the purpose of this Act, a person
29 who has executed a final and irrevocable consent to adoption
30 or a final and irrevocable surrender for purposes of
31 adoption, or whose parental rights have been terminated by a
32 court, is not a parent of the child who was the subject of
33 the consent or surrender, unless the consent is void pursuant
34 to subsection O of Section 10.
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1 F. A person is available for adoption when the person
2 is:
3 (a) a child who has been surrendered for adoption
4 to an agency and to whose adoption the agency has
5 thereafter consented;
6 (b) a child to whose adoption a person authorized
7 by law, other than his parents, has consented, or to
8 whose adoption no consent is required pursuant to Section
9 8 of this Act;
10 (c) a child who is in the custody of persons who
11 intend to adopt him through placement made by his
12 parents;
13 (c-1) a child for whom a parent has signed a
14 specific consent pursuant to subsection O of Section 10;
15 or
16 (d) an adult who meets the conditions set forth in
17 Section 3 of this Act.
18 A person who would otherwise be available for adoption
19 shall not be deemed unavailable for adoption solely by reason
20 of his or her death.
21 G. The singular includes the plural and the plural
22 includes the singular and the "male" includes the "female",
23 as the context of this Act may require.
24 H. "Adoption disruption" occurs when an adoptive
25 placement does not prove successful and it becomes necessary
26 for the child to be removed from placement before the
27 adoption is finalized.
28 I. "Foreign placing agency" is an agency or individual
29 operating in a country or territory outside the United States
30 that is authorized by its country to place children for
31 adoption either directly with families in the United States
32 or through United States based international agencies.
33 J. "Immediate relatives" means the biological parents,
34 the parents of the biological parents and siblings of the
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1 biological parents;
2 K. "Intercountry adoption" is a process by which a child
3 from a country other than the United States is adopted.
4 L. "Intercountry Adoption Coordinator" is a staff person
5 of the Department of Children and Family Services appointed
6 by the Director to coordinate the provision of services by
7 the public and private sector to prospective parents of
8 foreign-born children.
9 M. "Interstate Compact on the Placement of Children" is
10 a law enacted by most states for the purpose of establishing
11 uniform procedures for handling the interstate placement of
12 children in foster homes, adoptive homes, or other child care
13 facilities.
14 N. "Non-Compact state" means a state that has not
15 enacted the Interstate Compact on the Placement of Children.
16 O. "Preadoption requirements" are any conditions
17 established by the laws or regulations of the Federal
18 Government or of each state that must be met prior to the
19 placement of a child in an adoptive home.
20 P. "Abused child" means a child whose parent or
21 immediate family member, or any person responsible for the
22 child's welfare, or any individual residing in the same home
23 as the child, or a paramour of the child's parent:
24 (a) inflicts, causes to be inflicted, or allows to
25 be inflicted upon the child physical injury, by other
26 than accidental means, that causes death, disfigurement,
27 impairment of physical or emotional health, or loss or
28 impairment of any bodily function;
29 (b) creates a substantial risk of physical injury
30 to the child by other than accidental means which would
31 be likely to cause death, disfigurement, impairment of
32 physical or emotional health, or loss or impairment of
33 any bodily function;
34 (c) commits or allows to be committed any sex
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1 offense against the child, as sex offenses are defined in
2 the Criminal Code of 1961 and extending those definitions
3 of sex offenses to include children under 18 years of
4 age;
5 (d) commits or allows to be committed an act or
6 acts of torture upon the child; or
7 (e) inflicts excessive corporal punishment.
8 Q. "Neglected child" means any child whose parent or
9 other person responsible for the child's welfare withholds
10 or denies nourishment or medically indicated treatment
11 including food or care denied solely on the basis of the
12 present or anticipated mental or physical impairment as
13 determined by a physician acting alone or in consultation
14 with other physicians or otherwise does not provide the
15 proper or necessary support, education as required by law, or
16 medical or other remedial care recognized under State law as
17 necessary for a child's well-being, or other care necessary
18 for his or her well-being, including adequate food, clothing
19 and shelter; or who is abandoned by his or her parents or
20 other person responsible for the child's welfare.
21 A child shall not be considered neglected or abused for
22 the sole reason that the child's parent or other person
23 responsible for his or her welfare depends upon spiritual
24 means through prayer alone for the treatment or cure of
25 disease or remedial care as provided under Section 4 of the
26 Abused and Neglected Child Reporting Act.
27 R. "Putative father" means a man who may be a child's
28 father, but who (1) is not married to the child's mother on
29 or before the date that the child was or is to be born and
30 (2) has not established paternity of the child in a court
31 proceeding before the filing of a petition for the adoption
32 of the child. The term includes a male who is less than 18
33 years of age.
34 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
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1 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
2 Section 20. "An Act in relation to children, amending
3 named Acts", approved January 28, 1997, Public Act 89-704, is
4 amended by adding Section 99 as follows:
5 (P.A. 89-704, Sec. 99 new)
6 Sec. 99. Effective date. This Act takes effect on July
7 1, 1997.
8 Section 99. Effective date. This Act takes effect on
9 July 1, 1997.