House Sponsors: DART-FLOWERS-LANG-KRAUSE-WOJCIK, SCOTT, JONES,LOU, GILES AND SCULLY. Senate Sponsors: KARPIEL-HAWKINSON-PARKER Short description: ADOPTION-UNFIT PERSON DEFINED Synopsis of Bill as introduced: Amends the Adoption Act. In the definition of "unfit person", provides that "failure to make reasonable progress toward the return of the child to the parent" may be defined as failure to complete within 12 months after an adjudication under the Juvenile Court Act the service plan established to correct the conditions that were the basis for the removal of the child from the parent. Effective immediately. FISCAL NOTE (DCFS) HB165 has no discernible fiscal impact. JUDICIAL NOTE There may be a minimal increase in judicial workloads, but no increase in the need for the number of judges in the State. HOME RULE NOTE HB165 does not preempt home rule authority. HOUSE AMENDMENT NO. 1. Adds reference to: New Act 20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 505/6a from Ch. 23, par. 5006a 20 ILCS 505/7 from Ch. 23, par. 5007 20 ILCS 505/7.7 225 ILCS 10/4.2 from Ch. 23, par. 2214.2 325 ILCS 5/2 from Ch. 23, par. 2052 325 ILCS 5/5 from Ch. 23, par. 2055 325 ILCS 5/7.5 from Ch. 23, par. 2057.5 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/1-5 from Ch. 37, par. 801-5 705 ILCS 405/1-8 from Ch. 37, par. 801-8 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-10.1 from Ch. 37, par. 802-10.1 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-14 from Ch. 37, par. 802-14 705 ILCS 405/2-15 from Ch. 37, par. 802-15 705 ILCS 405/2-16 from Ch. 37, par. 802-16 705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17.1 705 ILCS 405/2-20 from Ch. 37, par. 802-20 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-22 from Ch. 37, par. 802-22 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-24 from Ch. 37, par. 802-24 705 ILCS 405/2-25 from Ch. 37, par. 802-25 705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/2.27.5 new 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-28.1 705 ILCS 405/2-29 from Ch. 37, par. 802-29 705 ILCS 405/2-31 from Ch. 37, par. 802-31 Deletes everything. Reinserts the provisions of the bill and makes additional changes as follows: Creates the Interstate Compact on Adoption Act to authorize DCFS to enter into compacts with other states for the protection of children on behalf of whom adoption assistance, including medical assistance, is being provided. Amends the Children and Family Services Act, the Child Care Act of 1969, the Abused and Neglected Child Reporting Act, and the Juvenile Court Act and further amends the Adoption Act. Requires DCFS to provide for the health and safety of children in its care; requires permanent placement of children at the earliest opportunity. Authorizes DCFS to renew an existing foster family home license of an applicant who was convicted of an enumerated offense if the offense occurred more than 10 years before the effective date of this amendatory Act and if certain other conditions are met. Sets forth factors to be considered by a court in determining a minor's best interests. Makes numerous changes in the Juvenile Court Act concerning permanency hearings, rights of parents, and other matters. Adds to definition of an "unfit person" for purposes of the Adoption Act: abandonment of a newborn infant in a hospital or in any setting where the evidence suggests that the parent intended to relinquish his or her parental rights; conviction of certain offenses relating to murder of a child; failure to make reasonable progress toward the return of a child within 9 (now, 12) months after an adjudication of abuse, neglect, or dependency; incarceration of the parent of a child in DCFS temporary custody or guardianship; and presence of a controlled substance in a child's blood, urine, or meconium at birth. Makes other changes. Makes changes to the Adoption Act concerning failure to make reasonable progress toward the return of a child effective immediately. SENATE AMENDMENT NO. 1. Amends the Children and Family Services Act; provides that a case plan shall provide for the utilization of family preservation services (now, "reasonable" family preservation services). Amends the Juvenile Court Act; provides for serving notice following an ex parte shelter care hearing as required by Supreme Court Rule. Amends the Adoption Act; in the definition of "unfit person" based on a parent's failure to make reasonable progress toward return of the child to the parent, requires that services described in a service plan were available. Adds a severability clause to the bill. FISCAL NOTE, AMENDED & ENGROSSED (DCFS) HB 165, amended and engrossed has no fiscal impact in FY98, and will present savings to the Dept. in future years. STATE MANDATES FISCAL NOTE, S-AM 1 (DCCA) Fails to create a State mandate. JUDICIAL NOTE, S-AM 1 This may increase the need for judges in the state, it is not possible to determine the number of additional judges needed. Last action on Bill: PUBLIC ACT.............................. 90-0028 Last action date: 97-06-25 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status