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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0366eng
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 rights
21 in abandonment cases; or in those extreme cases in which the
22 parent's conduct toward the child or the child's sibling has
23 been so egregious that the behavior justifies expedited
24 termination of parental rights; or in those extreme cases in
25 which the parent's incapacity to care for the child, combined
26 with an extremely poor prognosis for treatment or
27 rehabilitation, justifies expedited termination of a
28 determination that parental rights should be terminated.
29 (2) In all proceedings under this Act the court may
30 direct the course thereof so as promptly to ascertain the
31 jurisdictional facts and fully to gather information bearing
32 upon the current condition and future welfare of persons
33 subject to this Act. This Act shall be administered in a
34 spirit of humane concern, not only for the rights of the
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1 parties, but also for the fears and the limits of
2 understanding of all who appear before the court.
3 (3) In all procedures under this Act, the following
4 shall apply:
5 (a) The procedural rights assured to the minor
6 shall be the rights of adults unless specifically
7 precluded by laws which enhance the protection of such
8 minors.
9 (b) Every child has a right to services necessary
10 to his or her proper development, including health,
11 education and social services.
12 (c) The parents' right to the custody of their
13 child shall not prevail when the court determines that it
14 is contrary to the best interests of the child.
15 (4) This Act shall be liberally construed to carry out
16 the foregoing purpose and policy.
17 (Source: P.A. 89-704, eff. 1-1-98.)
18 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
19 (Text of Section before amendment by P.A. 89-704)
20 Sec. 2-21. Findings and adjudication.
21 (1) After hearing the evidence the court shall determine
22 whether or not the minor is abused, neglected, or dependent.
23 If it finds that the minor is not such a person, the court
24 shall order the petition dismissed and the minor discharged.
25 The court's determination of whether the minor is abused,
26 neglected, or dependent shall be stated in writing with the
27 factual basis supporting that determination.
28 If the court finds that the minor is abused, neglected,
29 or dependent, the court shall then determine and put in
30 writing the factual basis supporting the determination of
31 whether the abuse, neglect, or dependency is the result of
32 physical abuse to the minor inflicted by a parent, guardian,
33 or legal custodian. That finding shall appear in the order
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1 of the court.
2 (2) If the court determines and puts in writing the
3 factual basis supporting the determination that the minor is
4 either abused or neglected or dependent, the court shall then
5 set a time not later than 30 days after the entry of the
6 finding for a dispositional hearing to be conducted under
7 Section 2-22 at which hearing the court shall determine
8 whether it is in the best interests of the minor and the
9 public that he be made a ward of the court. To assist the
10 court in making this and other determinations at the
11 dispositional hearing, the court may order that an
12 investigation be conducted and a dispositional report be
13 prepared concerning the minor's physical and mental history
14 and condition, family situation and background, economic
15 status, education, occupation, history of delinquency or
16 criminality, personal habits, and any other information that
17 may be helpful to the court. The dispositional hearing may
18 be continued once for a period not to exceed 30 days if the
19 court finds that such continuance is necessary to complete
20 the dispositional report.
21 (3) The time limits of this Section may be waived only
22 by consent of all parties and approval by the court, as
23 determined to be in the best interests of the minor.
24 (4) For all cases adjudicated prior to July 1, 1991, for
25 which no dispositional hearing has been held prior to that
26 date, a dispositional hearing under Section 2-22 shall be
27 held within 90 days of July 1, 1991.
28 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
29 12-2-94.)
30 (Text of Section after amendment by P.A. 89-704)
31 Sec. 2-21. Findings and adjudication.
32 (1) After hearing the evidence the court shall determine
33 whether or not the minor is abused, neglected, or dependent.
34 If it finds that the minor is not such a person, the court
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1 shall order the petition dismissed and the minor discharged.
2 The court's determination of whether the minor is abused,
3 neglected, or dependent shall be stated in writing with the
4 factual basis supporting that determination.
5 If the court finds that the minor is abused, neglected,
6 or dependent, the court shall then determine and put in
7 writing the factual basis supporting the determination of
8 whether the abuse, neglect, or dependency is the result of
9 physical abuse to the minor inflicted by a parent, guardian,
10 or legal custodian. That finding shall appear in the order
11 of the court.
12 (2) If the court determines and puts in writing the
13 factual basis supporting the determination that the minor is
14 either abused or neglected or dependent, the court shall then
15 set a time not later than 30 days after the entry of the
16 finding for a dispositional hearing to be conducted under
17 Section 2-22 at which hearing the court shall determine
18 whether it is in the best interests of the minor and the
19 public that he be made a ward of the court. To assist the
20 court in making this and other determinations at the
21 dispositional hearing, the court may order that an
22 investigation be conducted and a dispositional report be
23 prepared concerning the minor's physical and mental history
24 and condition, family situation and background, economic
25 status, education, occupation, history of delinquency or
26 criminality, personal habits, and any other information that
27 may be helpful to the court. The dispositional hearing may
28 be continued once for a period not to exceed 30 days if the
29 court finds that such continuance is necessary to complete
30 the dispositional report.
31 (3) The time limits of this Section may be waived only
32 by consent of all parties and approval by the court, as
33 determined to be in the best interests of the minor.
34 (4) For all cases adjudicated prior to July 1, 1991, for
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1 which no dispositional hearing has been held prior to that
2 date, a dispositional hearing under Section 2-22 shall be
3 held within 90 days of July 1, 1991.
4 (5) The court may terminate the parental rights of a
5 parent at the initial dispositional hearing if all of the
6 following conditions are met:
7 (i) the original, amended, or supplemental petition
8 contains a request for termination of parental rights and
9 appointment of a guardian with power to consent to
10 adoption; and
11 (ii) the court has found by a preponderance of
12 evidence, introduced or stipulated to at an adjudicatory
13 hearing, that the child comes under the jurisdiction of
14 the court as an abused, neglected, or dependent minor
15 under Section 2-18; and
16 (iii) the court finds, on the basis of clear and
17 convincing legally admissible evidence admitted
18 introduced or stipulated to at the adjudicatory hearing
19 or at the dispositional hearing, that the parent is an
20 unfit person under subdivision D of Section 1 of the
21 Adoption Act; and
22 (iv) the court determines in accordance with the
23 rules of evidence for dispositional proceedings, that:
24 (A) it is in the best interest of the minor
25 and public that the child be made a ward of the
26 court; and
27 (B) termination of parental rights and
28 appointment of a guardian with power to consent to
29 adoption is in the best interest of the child
30 pursuant to Section 2-29.
31 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
32 12-2-94; 89-704, eff. 1-1-98.)
33 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
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1 (Text of Section before amendment by P.A. 89-704)
2 Sec. 2-29. Adoption; appointment of guardian with power
3 to consent.
4 (1) A ward of the court under this Act, with the consent
5 of the court, may be the subject of a petition for adoption
6 under "An Act in relation to the adoption of persons, and to
7 repeal an Act therein named", approved July 17, 1959, as now
8 or hereafter amended, or with like consent his or her parent
9 or parents may, in the manner required by such Act, surrender
10 him or her for adoption to an agency legally authorized or
11 licensed to place children for adoption.
12 (2) If the petition prays and the court finds that it is
13 in the best interest of the minor that a guardian of the
14 person be appointed and authorized to consent to the adoption
15 of the minor, the court with the consent of the parents, if
16 living, or after finding, based upon clear and convincing
17 evidence, that a non-consenting parent is an unfit person as
18 defined in Section 1 of "An Act in relation to the adoption
19 of persons, and to repeal an Act therein named", approved
20 July 17, 1959, as amended, may empower the guardian of the
21 person of the minor, in the order appointing him or her as
22 such guardian, to appear in court where any proceedings for
23 the adoption of the minor may at any time be pending and to
24 consent to the adoption. Such consent is sufficient to
25 authorize the court in the adoption proceedings to enter a
26 proper order or judgment of adoption without further notice
27 to, or consent by, the parents of the minor. An order so
28 empowering the guardian to consent to adoption terminates
29 parental rights, deprives the parents of the minor of all
30 legal rights as respects the minor and relieves them of all
31 parental responsibility for him or her, and frees the minor
32 from all obligations of maintenance and obedience to his or
33 her natural parents.
34 If the minor is over 14 years of age, the court may, in
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1 its discretion, consider the wishes of the minor in
2 determining whether the best interests of the minor would be
3 promoted by the finding of the unfitness of a non-consenting
4 parent.
5 (3) Parental consent to the order authorizing the
6 guardian of the person to consent to adoption of the minor
7 shall be given in open court whenever possible and otherwise
8 must be in writing and signed in the form provided in "An Act
9 in relation to the adoption of persons, and to repeal an Act
10 therein named", approved July 17, 1959, as now or hereafter
11 amended, but no names of petitioners for adoption need be
12 included. A finding of the unfitness of a nonconsenting
13 parent must be made in compliance with that Act and be based
14 upon clear and convincing evidence. Provisions of that Act
15 relating to minor parents and to mentally ill or mentally
16 deficient parents apply to proceedings under this Section and
17 any findings with respect to such parents shall be based upon
18 clear and convincing evidence.
19 (Source: P.A. 85-601.)
20 (Text of Section after amendment by P.A. 89-704)
21 Sec. 2-29. Adoption; appointment of guardian with power
22 to consent.
23 (1) With leave of the court, a minor who is the subject
24 of an abuse, neglect, or dependency petition under this Act
25 may be the subject of a petition for adoption under the
26 Adoption Act.
27 (1.1) The parent or parents of a child in whose interest
28 a petition under Section 2-13 of this Act is pending may, in
29 the manner required by the Adoption Act, (a) surrender him or
30 her for adoption to an agency legally authorized or licensed
31 to place children for adoption, (b) consent to his or her
32 adoption, or (c) consent to his or her adoption by a
33 specified person or persons. Nothing in this Section requires
34 that the parent or parents execute the surrender, consent, or
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1 consent to adoption by a specified person in open court.
2 (2) If a petition prays and the court finds that it is
3 in the best interest of the minor that a guardian of the
4 person be appointed and authorized to consent to the adoption
5 of the minor, the court, with the consent agreement of the
6 parents, if living, or after finding, based upon clear and
7 convincing evidence, that a parent is an unfit person as
8 defined in Section 1 of the Adoption Act, may empower the
9 guardian of the person of the minor, in the order appointing
10 him or her as such guardian, to appear in court where any
11 proceedings for the adoption of the minor may at any time be
12 pending and to consent to the adoption. Such consent is
13 sufficient to authorize the court in the adoption proceedings
14 to enter a proper order or judgment of adoption without
15 further notice to, or consent by, the parents of the minor.
16 An order so empowering the guardian to consent to adoption
17 terminates parental rights, deprives the parents of the minor
18 of all legal rights as respects the minor and relieves them
19 of all parental responsibility for him or her, and frees the
20 minor from all obligations of maintenance and obedience to
21 his or her natural parents.
22 If the minor is over 14 years of age, the court may, in
23 its discretion, consider the wishes of the minor in
24 determining whether the best interests of the minor would be
25 promoted by the finding of the unfitness of a non-consenting
26 parent.
27 (3) Parental consent to the request for an order
28 authorizing the guardian of the person to consent to adoption
29 of the minor shall be made in open court whenever possible
30 and otherwise must be in writing and signed in the form
31 provided in the Adoption Act, but no names of petitioners for
32 adoption need be included.
33 (4) A finding of the unfitness of a parent must be made
34 in compliance with the Adoption Act and be based upon clear
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1 and convincing evidence. Provisions of the Adoption Act
2 relating to minor parents and to mentally ill or mentally
3 deficient parents apply to proceedings under this Section and
4 any findings with respect to such parents shall be based upon
5 clear and convincing evidence.
6 (Source: P.A. 89-704, eff. 1-1-98.)
7 Section 15. The Adoption Act is amended by changing
8 Section 1 as follows:
9 (750 ILCS 50/1) (from Ch. 40, par. 1501)
10 (Text of Section before amendment by P.A. 89-704)
11 Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13 A. "Child" means a person under legal age subject to
14 adoption under this Act.
15 B. "Related child" means a child subject to adoption
16 where either or both of the adopting parents stands in any of
17 the following relationships to the child by blood or
18 marriage: parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
22 adoption or a final irrevocable surrender for purposes of
23 adoption, or whose parent has had his or her parental rights
24 terminated, is not a related child to that person.
25 C. "Agency" for the purpose of this Act means a public
26 child welfare agency or a licensed child welfare agency.
27 D. "Unfit person" means any person whom the court shall
28 find to be unfit to have a child, without regard to the
29 likelihood that the child will be placed for adoption. The
30 grounds of unfitness are any one or more of the following:
31 (a) Abandonment of the child.
32 (b) Failure to maintain a reasonable degree of
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1 interest, concern or responsibility as to the child's
2 welfare.
3 (c) Desertion of the child for more than 3 months
4 next preceding the commencement of the Adoption
5 proceeding.
6 (d) Substantial neglect of the child if continuous
7 or repeated.
8 (e) Extreme or repeated cruelty to the child.
9 (f) Two or more findings of physical abuse to any
10 children under Section 4-8 of the Juvenile Court Act or
11 Section 2-21 of the Juvenile Court Act of 1987, the most
12 recent of which was determined by the juvenile court
13 hearing the matter to be supported by clear and
14 convincing evidence; a criminal conviction resulting from
15 the death of any child by physical child abuse; or a
16 finding of physical child abuse resulting from the death
17 of any child under Section 4-8 of the Juvenile Court Act
18 or 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
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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
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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.
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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 E. "Parent" means the father or mother of a legitimate
23 or illegitimate child. For the purpose of this Act, a person
24 who has executed a final and irrevocable consent to adoption
25 or a final and irrevocable surrender for purposes of
26 adoption, or whose parental rights have been terminated by a
27 court, is not a parent of the child who was the subject of
28 the consent or surrender.
29 F. A person is available for adoption when the person
30 is:
31 (a) a child who has been surrendered for adoption
32 to an agency and to whose adoption the agency has
33 thereafter consented;
34 (b) a child to whose adoption a person authorized
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1 by law, other than his parents, has consented, or to
2 whose adoption no consent is required pursuant to Section
3 8 of this Act;
4 (c) a child who is in the custody of persons who
5 intend to adopt him through placement made by his
6 parents; or
7 (d) an adult who meets the conditions set forth in
8 Section 3 of this Act.
9 A person who would otherwise be available for adoption
10 shall not be deemed unavailable for adoption solely by reason
11 of his or her death.
12 G. The singular includes the plural and the plural
13 includes the singular and the "male" includes the "female",
14 as the context of this Act may require.
15 H. "Adoption disruption" occurs when an adoptive
16 placement does not prove successful and it becomes necessary
17 for the child to be removed from placement before the
18 adoption is finalized.
19 I. "Foreign placing agency" is an agency or individual
20 operating in a country or territory outside the United States
21 that is authorized by its country to place children for
22 adoption either directly with families in the United States
23 or through United States based international agencies.
24 J. "Immediate relatives" means the biological parents,
25 the parents of the biological parents and siblings of the
26 biological parents;
27 K. "Intercountry adoption" is a process by which a child
28 from a country other than the United States is adopted.
29 L. "Intercountry Adoption Coordinator" is a staff person
30 of the Department of Children and Family Services appointed
31 by the Director to coordinate the provision of services by
32 the public and private sector to prospective parents of
33 foreign-born children.
34 M. "Interstate Compact on the Placement of Children" is
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1 a law enacted by most states for the purpose of establishing
2 uniform procedures for handling the interstate placement of
3 children in foster homes, adoptive homes, or other child care
4 facilities.
5 N. "Non-Compact state" means a state that has not
6 enacted the Interstate Compact on the Placement of Children.
7 O. "Preadoption requirements" are any conditions
8 established by the laws or regulations of the Federal
9 Government or of each state that must be met prior to the
10 placement of a child in an adoptive home.
11 P. "Abused child" means a child whose parent or
12 immediate family member, or any person responsible for the
13 child's welfare, or any individual residing in the same home
14 as the child, or a paramour of the child's parent:
15 (a) inflicts, causes to be inflicted, or allows to
16 be inflicted upon the child physical injury, by other
17 than accidental means, that causes death, disfigurement,
18 impairment of physical or emotional health, or loss or
19 impairment of any bodily function;
20 (b) creates a substantial risk of physical injury
21 to the child by other than accidental means which would
22 be likely to cause death, disfigurement, impairment of
23 physical or emotional health, or loss or impairment of
24 any bodily function;
25 (c) commits or allows to be committed any sex
26 offense against the child, as sex offenses are defined in
27 the Criminal Code of 1961 and extending those definitions
28 of sex offenses to include children under 18 years of
29 age;
30 (d) commits or allows to be committed an act or
31 acts of torture upon the child; or
32 (e) inflicts excessive corporal punishment.
33 Q. "Neglected child" means any child whose parent or
34 other person responsible for the child's welfare withholds
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1 or denies nourishment or medically indicated treatment
2 including food or care denied solely on the basis of the
3 present or anticipated mental or physical impairment as
4 determined by a physician acting alone or in consultation
5 with other physicians or otherwise does not provide the
6 proper or necessary support, education as required by law, or
7 medical or other remedial care recognized under State law as
8 necessary for a child's well-being, or other care necessary
9 for his or her well-being, including adequate food, clothing
10 and shelter; or who is abandoned by his or her parents or
11 other person responsible for the child's welfare.
12 A child shall not be considered neglected or abused for
13 the sole reason that the child's parent or other person
14 responsible for his or her welfare depends upon spiritual
15 means through prayer alone for the treatment or cure of
16 disease or remedial care as provided under Section 4 of the
17 Abused and Neglected Child Reporting Act.
18 R. "Putative father" means a man who may be a child's
19 father, but who (1) is not married to the child's mother on
20 or before the date that the child was or is to be born and
21 (2) has not established paternity of the child in a court
22 proceeding before the filing of a petition for the adoption
23 of the child. The term includes a male who is less than 18
24 years of age.
25 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
26 1-24-95; 89-235, eff. 8-4-95.)
27 (Text of Section after amendment by P.A. 89-704)
28 Sec. 1. Definitions. When used in this Act, unless the
29 context otherwise requires:
30 A. "Child" means a person under legal age subject to
31 adoption under this Act.
32 B. "Related child" means a child subject to adoption
33 where either or both of the adopting parents stands in any of
34 the following relationships to the child by blood or
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1 marriage: parent, grand-parent, brother, sister, step-parent,
2 step-grandparent, step-brother, step-sister, uncle, aunt,
3 great-uncle, great-aunt, or cousin of first degree. A child
4 whose parent has executed a final irrevocable consent to
5 adoption or a final irrevocable surrender for purposes of
6 adoption, or whose parent has had his or her parental rights
7 terminated, is not a related child to that person, unless the
8 consent is determined to be void or is void pursuant to
9 subsection O of Section 10.
10 C. "Agency" for the purpose of this Act means a public
11 child welfare agency or a licensed child welfare agency.
12 D. "Unfit person" means any person whom the court shall
13 find to be unfit to have a child, without regard to the
14 likelihood that the child will be placed for adoption. The
15 grounds of unfitness are any one or more of the following:
16 (a) Abandonment of the child.
17 (b) Failure to maintain a reasonable degree of
18 interest, concern or responsibility as to the child's
19 welfare.
20 (c) Desertion of the child for more than 3 months
21 next preceding the commencement of the Adoption
22 proceeding.
23 (d) Substantial neglect of the child if continuous
24 or repeated.
25 (d-1) Substantial neglect, if continuous or
26 repeated, of any child residing in the household which
27 resulted in the death of that child.
28 (e) Extreme or repeated cruelty to the child.
29 (f) Two or more findings of physical abuse to any
30 children under Section 4-8 of the Juvenile Court Act or
31 Section 2-21 of the Juvenile Court Act of 1987, the most
32 recent of which was determined by the juvenile court
33 hearing the matter to be supported by clear and
34 convincing evidence; a criminal conviction or a finding
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1 of not guilty by reason of insanity resulting from the
2 death of any child by physical child abuse; or a finding
3 of physical child abuse resulting from the death of any
4 child under Section 4-8 of the Juvenile Court Act or
5 Section 2-21 of the Juvenile Court Act of 1987.
6 (g) Failure to protect the child from conditions
7 within his environment injurious to the child's welfare.
8 (h) Other neglect of, or misconduct toward the
9 child; provided that in making a finding of unfitness the
10 court hearing the adoption proceeding shall not be bound
11 by any previous finding, order or judgment affecting or
12 determining the rights of the parents toward the child
13 sought to be adopted in any other proceeding except such
14 proceedings terminating parental rights as shall be had
15 under either this Act, the Juvenile Court Act or the
16 Juvenile Court Act of 1987.
17 (i) Depravity.
18 (j) Open and notorious adultery or fornication.
19 (j-1) Conviction of first degree murder in
20 violation of paragraph 1 or 2 of subsection (a) of
21 Section 9-1 of the Criminal Code of 1961 or conviction of
22 second degree murder in violation of subsection (a) of
23 Section 9-2 of the Criminal Code of 1961 of a parent of
24 the child to be adopted shall create a presumption of
25 unfitness that may be overcome only by clear and
26 convincing evidence.
27 (k) Habitual drunkenness or addiction to drugs,
28 other than those prescribed by a physician, for at least
29 one year immediately prior to the commencement of the
30 unfitness proceeding.
31 (l) Failure to demonstrate a reasonable degree of
32 interest, concern or responsibility as to the welfare of
33 a new born child during the first 30 days after its
34 birth.
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1 (m) Failure by a parent to make reasonable efforts
2 to correct the conditions that were the basis for the
3 removal of the child from the parent, or to make
4 reasonable progress toward the return of the child to the
5 parent within 12 months after an adjudication of
6 neglected minor, abused minor or dependent minor under
7 the Juvenile Court Act or the Juvenile Court Act of 1987.
8 (n) Evidence of intent to forego his or her
9 parental rights, whether or not the child is a ward of
10 the court, (1) as manifested by his or her failure for a
11 period of 12 months: (i) to visit the child, (ii) to
12 communicate with the child or agency, although able to do
13 so and not prevented from doing so by an agency or by
14 court order, or (iii) to maintain contact with or plan
15 for the future of the child, although physically able to
16 do so, or (2) as manifested by the father's failure,
17 where he and the mother of the child were unmarried to
18 each other at the time of the child's birth, (i) to
19 commence legal proceedings to establish his paternity
20 under the Illinois Parentage Act of 1984 or the law of
21 the jurisdiction of the child's birth within 30 days of
22 being informed, pursuant to Section 12a of this Act, that
23 he is the father or the likely father of the child or,
24 after being so informed where the child is not yet born,
25 within 30 days of the child's birth, or (ii) to make a
26 good faith effort to pay a reasonable amount of the
27 expenses related to the birth of the child and to provide
28 a reasonable amount for the financial support of the
29 child, the court to consider in its determination all
30 relevant circumstances, including the financial condition
31 of both parents; provided that the ground for termination
32 provided in this subparagraph (n)(2)(ii) shall only be
33 available where the petition is brought by the mother or
34 the husband of the mother.
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1 Contact or communication by a parent with his or her
2 child that does not demonstrate affection and concern
3 does not constitute reasonable contact and planning under
4 subdivision (n). In the absence of evidence to the
5 contrary, the ability to visit, communicate, maintain
6 contact, pay expenses and plan for the future shall be
7 presumed. The subjective intent of the parent, whether
8 expressed or otherwise, unsupported by evidence of the
9 foregoing parental acts manifesting that intent, shall
10 not preclude a determination that the parent has intended
11 to forego his or her parental rights. In making this
12 determination, the court may consider but shall not
13 require a showing of diligent efforts by an authorized
14 agency to encourage the parent to perform the acts
15 specified in subdivision (n).
16 It shall be an affirmative defense to any allegation
17 under paragraph (2) of this subsection that the father's
18 failure was due to circumstances beyond his control or to
19 impediments created by the mother or any other person
20 having legal custody. Proof of that fact need only be by
21 a preponderance of the evidence.
22 (o) repeated or continuous failure by the parents,
23 although physically and financially able, to provide the
24 child with adequate food, clothing, or shelter.
25 (p) inability to discharge parental
26 responsibilities supported by competent evidence from a
27 psychiatrist, licensed clinical social worker, or
28 clinical psychologist of mental impairment, mental
29 illness or mental retardation as defined in Section 1-116
30 of the Mental Health and Developmental Disabilities Code,
31 or developmental disability as defined in Section 1-106
32 of that Code, and there is sufficient justification to
33 believe that the inability to discharge parental
34 responsibilities shall extend beyond a reasonable time
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1 period. However, this subdivision (p) shall not be
2 construed so as to permit a licensed clinical social
3 worker to conduct any medical diagnosis to determine
4 mental illness or mental impairment.
5 (q) a finding of physical abuse of the child under
6 Section 4-8 of the Juvenile Court Act or Section 2-21 of
7 the Juvenile Court Act of 1987 and a criminal conviction
8 of aggravated battery of the child.
9 E. "Parent" means the father or mother of a legitimate
10 or illegitimate child. For the purpose of this Act, a person
11 who has executed a final and irrevocable consent to adoption
12 or a final and irrevocable surrender for purposes of
13 adoption, or whose parental rights have been terminated by a
14 court, is not a parent of the child who was the subject of
15 the consent or surrender, unless the consent is void pursuant
16 to subsection O of Section 10.
17 F. A person is available for adoption when the person
18 is:
19 (a) a child who has been surrendered for adoption
20 to an agency and to whose adoption the agency has
21 thereafter consented;
22 (b) a child to whose adoption a person authorized
23 by law, other than his parents, has consented, or to
24 whose adoption no consent is required pursuant to Section
25 8 of this Act;
26 (c) a child who is in the custody of persons who
27 intend to adopt him through placement made by his
28 parents;
29 (c-1) a child for whom a parent has signed a
30 specific consent pursuant to subsection O of Section 10;
31 or
32 (d) an adult who meets the conditions set forth in
33 Section 3 of this Act.
34 A person who would otherwise be available for adoption
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1 shall not be deemed unavailable for adoption solely by reason
2 of his or her death.
3 G. The singular includes the plural and the plural
4 includes the singular and the "male" includes the "female",
5 as the context of this Act may require.
6 H. "Adoption disruption" occurs when an adoptive
7 placement does not prove successful and it becomes necessary
8 for the child to be removed from placement before the
9 adoption is finalized.
10 I. "Foreign placing agency" is an agency or individual
11 operating in a country or territory outside the United States
12 that is authorized by its country to place children for
13 adoption either directly with families in the United States
14 or through United States based international agencies.
15 J. "Immediate relatives" means the biological parents,
16 the parents of the biological parents and siblings of the
17 biological parents;
18 K. "Intercountry adoption" is a process by which a child
19 from a country other than the United States is adopted.
20 L. "Intercountry Adoption Coordinator" is a staff person
21 of the Department of Children and Family Services appointed
22 by the Director to coordinate the provision of services by
23 the public and private sector to prospective parents of
24 foreign-born children.
25 M. "Interstate Compact on the Placement of Children" is
26 a law enacted by most states for the purpose of establishing
27 uniform procedures for handling the interstate placement of
28 children in foster homes, adoptive homes, or other child care
29 facilities.
30 N. "Non-Compact state" means a state that has not
31 enacted the Interstate Compact on the Placement of Children.
32 O. "Preadoption requirements" are any conditions
33 established by the laws or regulations of the Federal
34 Government or of each state that must be met prior to the
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1 placement of a child in an adoptive home.
2 P. "Abused child" means a child whose parent or
3 immediate family member, or any person responsible for the
4 child's welfare, or any individual residing in the same home
5 as the child, or a paramour of the child's parent:
6 (a) inflicts, causes to be inflicted, or allows to
7 be inflicted upon the child physical injury, by other
8 than accidental means, that causes death, disfigurement,
9 impairment of physical or emotional health, or loss or
10 impairment of any bodily function;
11 (b) creates a substantial risk of physical injury
12 to the child by other than accidental means which would
13 be likely to cause death, disfigurement, impairment of
14 physical or emotional health, or loss or impairment of
15 any bodily function;
16 (c) commits or allows to be committed any sex
17 offense against the child, as sex offenses are defined in
18 the Criminal Code of 1961 and extending those definitions
19 of sex offenses to include children under 18 years of
20 age;
21 (d) commits or allows to be committed an act or
22 acts of torture upon the child; or
23 (e) inflicts excessive corporal punishment.
24 Q. "Neglected child" means any child whose parent or
25 other person responsible for the child's welfare withholds
26 or denies nourishment or medically indicated treatment
27 including food or care denied solely on the basis of the
28 present or anticipated mental or physical impairment as
29 determined by a physician acting alone or in consultation
30 with other physicians or otherwise does not provide the
31 proper or necessary support, education as required by law, or
32 medical or other remedial care recognized under State law as
33 necessary for a child's well-being, or other care necessary
34 for his or her well-being, including adequate food, clothing
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1 and shelter; or who is abandoned by his or her parents or
2 other person responsible for the child's welfare.
3 A child shall not be considered neglected or abused for
4 the sole reason that the child's parent or other person
5 responsible for his or her welfare depends upon spiritual
6 means through prayer alone for the treatment or cure of
7 disease or remedial care as provided under Section 4 of the
8 Abused and Neglected Child Reporting Act.
9 R. "Putative father" means a man who may be a child's
10 father, but who (1) is not married to the child's mother on
11 or before the date that the child was or is to be born and
12 (2) has not established paternity of the child in a court
13 proceeding before the filing of a petition for the adoption
14 of the child. The term includes a male who is less than 18
15 years of age.
16 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
17 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
18 Section 20. "An Act in relation to children, amending
19 named Acts", approved January 28, 1997, Public Act 89-704, is
20 amended by adding Section 99 as follows:
21 (P.A. 89-704, Sec. 99 new)
22 Sec. 99. Effective date. This Act takes effect on July
23 1, 1997.
24 Section 99. Effective date. This Act takes effect on
25 July 1, 1997.