State of Illinois
92nd General Assembly
Legislation

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92_HB0632enr

 
HB0632 Enrolled                                LRB9203754DJmb

 1        AN ACT in relation to children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Abandoned Newborn Infant Protection Act.

 6        Section  5.  Public  policy.  Illinois  recognizes   that
 7    newborn  infants have been abandoned to the environment or to
 8    other circumstances that may be unsafe to the newborn infant.
 9    These circumstances have caused injury and death  to  newborn
10    infants   and  give  rise  to  potential  civil  or  criminal
11    liability to  parents  who  may  be  under  severe  emotional
12    distress.  This  Act is intended to provide a mechanism for a
13    newborn infant to be relinquished to a safe  environment  and
14    for  the  parents  of  the infant to remain anonymous if they
15    choose and to avoid civil or criminal liability for  the  act
16    of   relinquishing   the   infant.   It  is  recognized  that
17    establishing an adoption plan is preferable to  relinquishing
18    a  child  using  the  procedures outlined in this Act, but to
19    reduce the chance of injury to a  newborn  infant,  this  Act
20    provides a safer alternative.
21        A  public  information  campaign  on  this delicate issue
22    shall  be  implemented  to  encourage   parents   considering
23    abandonment  of  their  newborn child to relinquish the child
24    under the procedures  outlined  in  this  Act,  to  choose  a
25    traditional  adoption  plan,  or to parent a child themselves
26    rather than place the newborn infant in harm's way.

27        Section 10. Definitions. In this Act:
28        "Abandon" has the same  meaning  as  in  the  Abused  and
29    Neglected Child Reporting Act.
30        "Abused  child" has the same meaning as in the Abused and
 
HB0632 Enrolled             -2-                LRB9203754DJmb
 1    Neglected Child Reporting Act.
 2        "Child-placing agency" means a licensed public or private
 3    agency that receives a child for the purpose  of  placing  or
 4    arranging  for  the placement of the child in a foster family
 5    home or other facility for child care, apart from the custody
 6    of the child's parents.
 7        "Department" or "DCFS" means the Illinois  Department  of
 8    Children and Family Services.
 9        "Emergency   medical   facility"   means  a  freestanding
10    emergency  center  or  trauma  center,  as  defined  in   the
11    Emergency Medical Services (EMS) Systems Act.
12        "Emergency   medical   professional"   includes  licensed
13    physicians,  and  any  emergency  medical   technician-basic,
14    emergency  medical technician-intermediate, emergency medical
15    technician-paramedic,   trauma    nurse    specialist,    and
16    pre-hospital RN, as defined in the Emergency Medical Services
17    (EMS) Systems Act.
18        "Fire station" means a fire station within the State that
19    is  staffed  with  at  least  one full-time emergency medical
20    professional.
21        "Hospital" has  the  same  meaning  as  in  the  Hospital
22    Licensing Act.
23        "Legal custody" means the relationship created by a court
24    order  in  the best interest of a newborn infant that imposes
25    on the infant's  custodian  the  responsibility  of  physical
26    possession  of  the  infant,  the duty to protect, train, and
27    discipline the infant, and the duty  to  provide  the  infant
28    with  food,  shelter,  education, and medical care, except as
29    these are limited by parental rights and responsibilities.
30        "Neglected child" has the same meaning as in  the  Abused
31    and Neglected Child Reporting Act.
32        "Newborn  infant"  means a child who a licensed physician
33    reasonably believes is 72 hours old or less at the  time  the
34    child  is initially relinquished to a hospital, fire station,
 
HB0632 Enrolled             -3-                LRB9203754DJmb
 1    or emergency medical facility, and who is not an abused or  a
 2    neglected child.
 3        "Relinquish"  means  to  bring  a  newborn  infant, who a
 4    licensed physician reasonably believes is  72  hours  old  or
 5    less,  to  a  hospital,  fire  station,  or emergency medical
 6    facility and to  leave  the  infant  with  personnel  of  the
 7    facility,  if  the person leaving the infant does not express
 8    an intent to return for the infant or states that he  or  she
 9    will  not  return for the infant. In the case of a mother who
10    gives birth to an infant in a hospital, the mother's  act  of
11    leaving  that  newborn  infant  at  the  hospital (i) without
12    expressing an intent to return for the infant or (ii) stating
13    that  she  will  not  return  for  the  infant   is   not   a
14    "relinquishment" under this Act.
15        "Temporary   protective   custody"  means  the  temporary
16    placement of a newborn infant  within  a  hospital  or  other
17    medical facility out of the custody of the infant's parent.

18        Section 15. Presumptions.
19        (a)  There  is  a  presumption  that  by  relinquishing a
20    newborn infant in accordance  with  this  Act,  the  infant's
21    parent  consents  to  the  termination of his or her parental
22    rights with respect to the infant.
23        (b)  There is a presumption that a person relinquishing a
24    newborn infant in accordance with this Act:
25             (1)  is the newborn infant's biological parent; and
26             (2)  either without expressing an intent  to  return
27        for  the infant or expressing an intent not to return for
28        the infant, did intend to relinquish the  infant  to  the
29        hospital,  fire station, or emergency medical facility to
30        treat, care for, and provide for the infant in accordance
31        with this Act.
32        (c)  A parent of a relinquished newborn infant may  rebut
33    the  presumption  set  forth  in  either  subsection  (a)  or
 
HB0632 Enrolled             -4-                LRB9203754DJmb
 1    subsection (b) pursuant to Section 55, at any time before the
 2    termination of the parent's parental rights.

 3        Section  20.  Procedures  with  respect  to  relinquished
 4    newborn infants.
 5        (a)  Hospitals.  Every  hospital  must accept and provide
 6    all necessary emergency services and care to  a  relinquished
 7    newborn  infant,  in  accordance  with this Act. The hospital
 8    shall examine a relinquished newborn infant and perform tests
 9    that, based on reasonable medical judgment,  are  appropriate
10    in  evaluating  whether  the  relinquished newborn infant was
11    abused or neglected.
12        The act of  relinquishing  a  newborn  infant  serves  as
13    implied  consent  for  the hospital and its medical personnel
14    and physicians on staff to treat and  provide  care  for  the
15    infant.
16        The hospital shall be deemed to have temporary protective
17    custody  of a relinquished newborn infant until the infant is
18    discharged to the custody of a child-placing  agency  or  the
19    Department.
20        (b)  Fire  stations  and  emergency  medical  facilities.
21    Every fire station and emergency medical facility must accept
22    and  provide  all  necessary emergency services and care to a
23    relinquished newborn infant, in accordance with this Act.
24        The act of  relinquishing  a  newborn  infant  serves  as
25    implied  consent  for  the  fire station or emergency medical
26    facility and its emergency medical professionals to treat and
27    provide care  for  the  infant,  to  the  extent  that  those
28    emergency  medical professionals are trained to provide those
29    services.
30        After the relinquishment of a newborn infant  to  a  fire
31    station  or  emergency  medical facility, the fire station or
32    emergency medical facility's personnel must arrange  for  the
33    transportation  of the infant to the nearest hospital as soon
 
HB0632 Enrolled             -5-                LRB9203754DJmb
 1    as transportation can be arranged.
 2        If the parent of a newborn infant returns to reclaim  the
 3    child within 72 hours after relinquishing the child to a fire
 4    station  or  emergency  medical facility, the fire station or
 5    emergency medical facility must inform the parent of the name
 6    and  location  of  the  hospital  to  which  the  infant  was
 7    transported.

 8        Section 25. Immunity for relinquishing person.
 9        (a)  The act of  relinquishing  a  newborn  infant  to  a
10    hospital,  fire  station,  or  emergency  medical facility in
11    accordance with this Act does not, by  itself,  constitute  a
12    basis  for a finding of abuse, neglect, or abandonment of the
13    infant pursuant to the laws of this State  nor  does  it,  by
14    itself,  constitute a violation of Section 12-21.5 or 12-21.6
15    of the Criminal Code of 1961.
16        (b)  If there is suspected child abuse or neglect that is
17    not based solely on the newborn infant's relinquishment to  a
18    hospital,  fire  station,  or emergency medical facility, the
19    personnel of the hospital, fire station, or emergency medical
20    facility who are mandated  reporters  under  the  Abused  and
21    Neglected  Child  Reporting  Act  must  report  the  abuse or
22    neglect pursuant to that Act.
23        (c)  Neither  a  child  protective  investigation  nor  a
24    criminal investigation may  be  initiated  solely  because  a
25    newborn infant is relinquished pursuant to this Act.

26        Section  27.  Immunity  of  facility  and  personnel.   A
27    hospital, fire station, or emergency  medical  facility,  and
28    any  personnel  of  a  hospital,  fire  station, or emergency
29    medical facility, are immune from criminal or civil liability
30    for acting in good faith in accordance with this Act. Nothing
31    in this Act limits liability  for  negligence  for  care  and
32    medical treatment.
 
HB0632 Enrolled             -6-                LRB9203754DJmb
 1        Section  30.  Anonymity of relinquishing person. If there
 2    is no evidence of abuse or neglect of a relinquished  newborn
 3    infant,  the  relinquishing  person  has  the right to remain
 4    anonymous  and  to  leave  the  hospital,  fire  station,  or
 5    emergency medical facility at any time and not be pursued  or
 6    followed.    Before   the  relinquishing  person  leaves  the
 7    hospital, fire station, or emergency  medical  facility,  the
 8    hospital,   fire   station,  or  emergency  medical  facility
 9    personnel shall i) verbally inform the  relinquishing  person
10    that  by  relinquishing the child anonymously, he or she will
11    have to petition the court if he or she  desires  to  prevent
12    the  termination of parental rights and regain custody of the
13    child and  ii)  shall  offer  the  relinquishing  person  the
14    information  packet  described  in  Section  35  of this Act.
15    However, nothing in this Act shall be construed as precluding
16    the relinquishing person from providing his or  her  identity
17    or completing the application forms for the Illinois Adoption
18    Registry and Medical Information Exchange and requesting that
19    the  hospital,  fire  station,  or emergency medical facility
20    forward those forms to the  Illinois  Adoption  Registry  and
21    Medical information Exchange.

22        Section  35.  Information  for  relinquishing  person.  A
23    hospital, fire station, or emergency  medical  facility  that
24    receives  a  newborn  infant  relinquished in accordance with
25    this  Act  must  offer   an   information   packet   to   the
26    relinquishing  person  and,  if possible, must clearly inform
27    the relinquishing person that his or her  acceptance  of  the
28    information  is  completely voluntary, that registration with
29    the  Illinois  Adoption  Registry  and  Medical   Information
30    Exchange  is voluntary, that the person will remain anonymous
31    if he or she completes a Denial of Information Exchange,  and
32    that the person has the option to provide medical information
33    only and still remain anonymous.  The information packet must
 
HB0632 Enrolled             -7-                LRB9203754DJmb
 1    include all of the following:
 2             (1)  All  Illinois  Adoption  Registry  and  Medical
 3        Information  Exchange  application  forms,  including the
 4        Medical Information Exchange Questionnaire  and  the  web
 5        site address and toll free phone number of the Registry.
 6             (2)  Written notice of the following:
 7                  (A)  No  sooner than 60 days following the date
 8             of the initial relinquishment of  the  infant  to  a
 9             hospital,   fire   station,   or  emergency  medical
10             facility, the child-placing agency or the Department
11             will commence proceedings  for  the  termination  of
12             parental  rights  and  placement  of  the infant for
13             adoption.
14                  (B)  Failure of  a  parent  of  the  infant  to
15             contact  the  Department and petition for the return
16             of custody  of  the  infant  before  termination  of
17             parental  rights  bars  any  future action asserting
18             legal rights with respect to the infant.
19             (3)  A resource  list  of  providers  of  counseling
20        services    including    grief    counseling,   pregnancy
21        counseling, and counseling regarding adoption  and  other
22        available options for placement of the infant.
23        Upon  request,  the  Department  of  Public  Health shall
24    provide the  application  forms  for  the  Illinois  Adoption
25    Registry  and Medical Information Exchange to hospitals, fire
26    stations, and emergency medical facilities.

27        Section 40. Reporting requirements.
28        (a)  Within 12 hours after  accepting  a  newborn  infant
29    from  a  relinquishing  person  or  from  a  fire  station or
30    emergency medical facility in accordance  with  this  Act,  a
31    hospital  must  report  to  the  Department's  State  Central
32    Registry  for the purpose of transferring physical custody of
33    the infant from the hospital to either a child-placing agency
 
HB0632 Enrolled             -8-                LRB9203754DJmb
 1    or the Department.
 2        (b)  Within 24  hours  after  receiving  a  report  under
 3    subsection  (a),  the Department must request assistance from
 4    law enforcement officials to investigate the matter using the
 5    National  Crime  Information  Center  to  ensure   that   the
 6    relinquished newborn infant is not a missing child.
 7        (c)  Once  a hospital has made a report to the Department
 8    under subsection (a),  the  Department  must  arrange  for  a
 9    licensed  child-placing  agency to accept physical custody of
10    the relinquished newborn infant.
11        (d)  If a relinquished child is not a newborn  infant  as
12    defined  in  this  Act,  the hospital and the Department must
13    proceed as if the child is an abused or neglected child.

14        Section  45.  Medical  assistance.   Notwithstanding  any
15    other provision of law,  a  newborn  infant  relinquished  in
16    accordance with this Act shall be deemed eligible for medical
17    assistance under the Illinois Public Aid Code, and a hospital
18    providing  medical  services  to  such  an  infant  shall  be
19    reimbursed  for those services in accordance with the payment
20    methodologies authorized under that Code.  In  addition,  for
21    any  day  that  a  hospital  has  custody of a newborn infant
22    relinquished in accordance with this Act and the infant  does
23    not  require  medically necessary care, the hospital shall be
24    reimbursed by the Illinois Department of Public  Aid  at  the
25    general  acute care per diem rate, in accordance with 89 Ill.
26    Adm. Code 148.270(c).

27        Section 50. Child-placing agency procedures.
28        (a)  The  Department's  State   Central   Registry   must
29    maintain a list of licensed child-placing agencies willing to
30    take   legal  custody  of  newborn  infants  relinquished  in
31    accordance with this Act. The child-placing agencies  on  the
32    list  must be contacted by the Department on a rotating basis
 
HB0632 Enrolled             -9-                LRB9203754DJmb
 1    upon notice from a hospital that a newborn  infant  has  been
 2    relinquished in accordance with this Act.
 3        (b)  Upon  notice  from  the  Department  that  a newborn
 4    infant has been relinquished in accordance with this  Act,  a
 5    child-placing  agency  must  accept the newborn infant if the
 6    agency has the accommodations to do  so.   The  child-placing
 7    agency  must  seek  an  order for legal custody of the infant
 8    upon its acceptance of the infant.
 9        (c)  Within  3  business  days  after  assuming  physical
10    custody of the infant, the child-placing agency shall file  a
11    petition  in  the  division  of  the  circuit  court in which
12    petitions for adoption would normally be heard.  The petition
13    shall allege that the newborn infant has been relinquished in
14    accordance  with  this  Act  and   shall   state   that   the
15    child-placing  agency  intends  to  place  the  infant  in an
16    adoptive home.
17        (d)  If no  licensed  child-placing  agency  is  able  to
18    accept  the  relinquished newborn infant, then the Department
19    must  assume  responsibility  for  the  infant  as  soon   as
20    practicable.
21        (e)  A  custody  order  issued under subsection (b) shall
22    remain in effect until a final adoption order  based  on  the
23    relinquished  newborn  infant's  best  interests is issued in
24    accordance with this Act and the Adoption Act.
25        (f)  When possible, the child-placing agency must place a
26    relinquished newborn infant in a prospective adoptive home.
27        (g)  The Department or child-placing agency must initiate
28    proceedings to (i)  terminate  the  parental  rights  of  the
29    relinquished  newborn infant's known or unknown parents, (ii)
30    appoint a guardian for the infant, and (iii)  obtain  consent
31    to  the  infant's  adoption  in  accordance  with this Act no
32    sooner than  60  days  following  the  date  of  the  initial
33    relinquishment  of  the infant to the hospital, fire station,
34    or emergency medical facility.
 
HB0632 Enrolled             -10-               LRB9203754DJmb
 1        (h)  Before filing a petition for termination of parental
 2    rights, the Department or child-placing agency  must  do  the
 3    following:
 4             (1)  Search  its  Putative  Father  Registry for the
 5        purpose of determining the identity and location  of  the
 6        putative  father  of  the relinquished newborn infant who
 7        is, or is expected to be,  the  subject  of  an  adoption
 8        proceeding,  in order to provide notice of the proceeding
 9        to the putative  father.  At  least  one  search  of  the
10        Registry  must  be  conducted, at least 30 days after the
11        relinquished newborn infant's estimated  date  of  birth;
12        earlier searches may be conducted, however. Notice to any
13        potential  putative  father discovered in a search of the
14        Registry  according  to  the   estimated   age   of   the
15        relinquished  newborn  infant  must be in accordance with
16        Section 12a of the Adoption Act.
17             (2)  Verify with law  enforcement  officials,  using
18        the   National   Crime   Information   Center,  that  the
19        relinquished newborn infant is not a missing child.

20        Section 55. Petition for return of custody.
21        (a)  A  parent  of  a  newborn  infant  relinquished   in
22    accordance  with  this  Act  may  petition  for the return of
23    custody of the infant  before  the  termination  of  parental
24    rights with respect to the infant.
25        (b)  A   parent  of  a  newborn  infant  relinquished  in
26    accordance with this Act  may  petition  for  the  return  of
27    custody  of  the  infant by contacting the Department for the
28    purpose of obtaining the name of the child-placing agency and
29    then filing a petition for return of custody in  the  circuit
30    court in which the proceeding for the termination of parental
31    rights is pending.
32        (c)  If a petition for the termination of parental rights
33    has  not  been  filed  by the Department or the child-placing
 
HB0632 Enrolled             -11-               LRB9203754DJmb
 1    agency, the parent of the relinquished  newborn  infant  must
 2    contact  the  Department, which must notify the parent of the
 3    appropriate court in which the petition for return of custody
 4    must be filed.
 5        (d)  The circuit court may hold the  proceeding  for  the
 6    termination  of  parental rights in abeyance for a period not
 7    to exceed 60 days from the date that the petition for  return
 8    of custody was filed without a showing of good cause.  During
 9    that period:
10             (1)  The   court  shall  order  genetic  testing  to
11        establish maternity or paternity, or both.
12             (2)  The Department shall conduct a child protective
13        investigation and home study to  develop  recommendations
14        to the court.
15             (3)  When  indicated as a result of the Department's
16        investigation and home study, further  proceedings  under
17        the  Juvenile  Court  Act of 1987 as the court determines
18        appropriate, may be conducted.   However,  relinquishment
19        of  a newborn infant in accordance with this Act does not
20        render the infant abused, neglected, or abandoned  solely
21        because   the   newborn  infant  was  relinquished  to  a
22        hospital, fire station, or emergency medical facility  in
23        accordance with this Act.
24        (e)  Failure to file a petition for the return of custody
25    of  a  relinquished  newborn infant before the termination of
26    parental rights bars any future action asserting legal rights
27    with respect  to  the  infant  unless  the  parent's  act  of
28    relinquishment that led to the termination of parental rights
29    involved  fraud  perpetrated against and not stemming from or
30    involving the parent.   No  action  to  void  or  revoke  the
31    termination  of  parental  rights  of  a  parent of a newborn
32    infant relinquished in accordance with this Act, including an
33    action based on fraud, may be commenced after 12 months after
34    the date that the newborn infant was  initially  relinquished
 
HB0632 Enrolled             -12-               LRB9203754DJmb
 1    to a hospital, fire station, or emergency medical facility.

 2        Section  60.  Department's  duties.  The  Department must
 3    implement  a  public  information  program  to  promote  safe
 4    placement  alternatives  for  newborn  infants.  The   public
 5    information program must inform the public of the following:
 6             (1)  The  relinquishment alternative provided for in
 7        this Act, which results in  the  adoption  of  a  newborn
 8        infant  under  72 hours of age and which provides for the
 9        parent's anonymity, if the parent so chooses.
10             (2)  The alternative of adoption through a public or
11        private agency, in which the parent's identity may or may
12        not be known to the agency, but is  kept  anonymous  from
13        the adoptive parents, if the birth parent so desires, and
14        which  allows  the  parent to be actively involved in the
15        child's adoption plan.
16        The public information program may include, but need  not
17    be limited to, the following elements:
18             (i)   Educational  and  informational  materials  in
19        print, audio, video, electronic or other media.
20             (ii) Establishment of a web site.
21             (iii)    Public    service     announcements     and
22        advertisements.
23             (iv)  Establishment  of toll-free telephone hotlines
24        to provide information.

25        Section 65.  Evaluation.
26        (a)  The Department shall collect and analyze information
27    regarding the relinquishment of newborn infants and placement
28    of children under this Act.  Fire stations, emergency medical
29    facilities, and medical professionals accepting and providing
30    services to a newborn infant under this Act shall  report  to
31    the  Department data necessary for the Department to evaluate
32    and determine the effect of this Act in  the   prevention  of
 
HB0632 Enrolled             -13-               LRB9203754DJmb
 1    injury  or  death of newborn infants.  Child-placing agencies
 2    shall report to the Department data necessary to evaluate and
 3    determine the effectiveness of these  agencies  in  providing
 4    child  protective  and  child  welfare  services  to  newborn
 5    infants relinquished under this Act.
 6        (b)  The  information  collected  shall include, but need
 7    not  be  limited  to:   the   number   of   newborn   infants
 8    relinquished;  the  services provided to relinquished newborn
 9    infants; the outcome of care  for  the  relinquished  newborn
10    infants;  the number and disposition of cases of relinquished
11    newborn infants subject to placement; the number of  children
12    accepted  and  served  by  child-placing  agencies;  and  the
13    services   provided   by   child-placing   agencies  and  the
14    disposition of the cases of the children  placed  under  this
15    Act.
16        (c)  The  Department  shall submit a report by January 1,
17    2002, and on January  1  of  each  year  thereafter,  to  the
18    Governor  and  General  Assembly  regarding the prevention of
19    injury  or  death  of  newborn  infants  and  the  effect  of
20    placements of children under  this  Act.   The  report  shall
21    include,  but  need not be limited to, a summary of collected
22    data, an analysis of the data and conclusions  regarding  the
23    Act's  effectiveness, a determination whether the purposes of
24    the Act are being achieved, and recommendations  for  changes
25    that   may   be   considered   necessary   to   improve   the
26    administration and enforcement of this Act.

27        Section  70.  Construction  of  Act.  Nothing in this Act
28    shall be construed to preclude the courts of this State  from
29    exercising  their discretion to protect the health and safety
30    of children in  individual  cases.  The  best  interests  and
31    welfare  of a child shall be a paramount consideration in the
32    construction and interpretation of this Act.  It  is  in  the
33    child's  best  interests  that  this  Act  be  construed  and
 
HB0632 Enrolled             -14-               LRB9203754DJmb
 1    interpreted  so  as  not  to  result in extending time limits
 2    beyond those set forth in this Act.


 3        Section 75. Repeal. This Act is repealed on July 1, 2007.

 4        Section 90.  The Illinois Public Aid Code is  amended  by
 5    changing Section 4-1.2 as follows:

 6        (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
 7        Sec.  4-1.2.  Living Arrangements - Parents - Relatives -
 8    Foster Care.
 9        (a)  The child or children must (1) be living with his or
10    their  father,  mother,  grandfather,  grandmother,  brother,
11    sister,  stepfather,  stepmother,  stepbrother,   stepsister,
12    uncle  or  aunt,  or  other relative approved by the Illinois
13    Department, in a place of residence maintained by one or more
14    of such relatives as his or their own home, or (2) have  been
15    (a)  removed  from the home of the parents or other relatives
16    by judicial  order  under  the  Juvenile  Court  Act  or  the
17    Juvenile  Court Act of 1987, as amended, (b) placed under the
18    guardianship  of  the  Department  of  Children  and   Family
19    Services, and (c) under such guardianship, placed in a foster
20    family  home,  group  home or child care institution licensed
21    pursuant to the "Child Care Act of 1969",  approved  May  15,
22    1969,  as  amended, or approved by that Department as meeting
23    standards established for licensing under that  Act,  or  (3)
24    have  been  relinquished  in  accordance  with  the Abandoned
25    Newborn Infant Protection Act. A child so  placed  in  foster
26    care  who  was not receiving aid under this Article in or for
27    the month in which the  court  proceedings  leading  to  that
28    placement  were initiated may qualify only if he lived in the
29    home of his parents  or  other  relatives  at  the  time  the
30    proceedings  were  initiated, or within 6 months prior to the
 
HB0632 Enrolled             -15-               LRB9203754DJmb
 1    month of initiation, and would have received aid in  and  for
 2    that month if application had been made therefor.
 3        (b)  The  Illinois  Department  may,  by  rule, establish
 4    those persons who are living together who must be included in
 5    the same assistance unit in order to receive cash  assistance
 6    under this Article and the income and assets of those persons
 7    in an assistance unit which must be considered in determining
 8    eligibility.
 9        (c)  The  conditions  of  qualification  herein specified
10    shall not prejudice aid granted under this  Code  for  foster
11    care prior to the effective date of this 1969 Amendatory Act.
12    (Source: P.A. 90-17, eff. 7-1-97.)

13        Section 92.  The Abused and Neglected Child Reporting Act
14    is amended by changing Section 3 as follows:

15        (325 ILCS 5/3) (from Ch. 23, par. 2053)
16        Sec. 3.  As used in this Act unless the context otherwise
17    requires:
18        "Child"  means  any  person  under  the  age of 18 years,
19    unless legally emancipated by reason  of  marriage  or  entry
20    into a branch of the United States armed services.
21        "Department"  means  Department  of  Children  and Family
22    Services.
23        "Local law enforcement agency"  means  the  police  of  a
24    city, town, village or other incorporated area or the sheriff
25    of  an  unincorporated  area  or  any  sworn  officer  of the
26    Illinois Department of State Police.
27        "Abused child" means a child whose  parent  or  immediate
28    family  member,  or  any  person  responsible for the child's
29    welfare,  or any individual residing in the same home as  the
30    child, or a paramour of the child's parent:
31             a.  inflicts,  causes  to be inflicted, or allows to
32        be inflicted upon such child physical  injury,  by  other
 
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 1        than accidental means, which 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 to
 5        such child by other than accidental means which would  be
 6        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 such child,  as  such  sex  offenses  are
11        defined  in  the  Criminal  Code of 1961, as amended, and
12        extending those definitions of sex  offenses  to  include
13        children under 18 years of age;
14             d.  commits or allows to be committed an act or acts
15        of torture upon such child;
16             e.  inflicts excessive corporal punishment;
17             f.  commits or allows to be committed the offense of
18        female genital mutilation, as defined in Section 12-34 of
19        the Criminal Code of 1961, against the child; or
20             g.  causes  to be sold, transferred, distributed, or
21        given to such child under 18 years of age,  a  controlled
22        substance  as  defined  in  Section  102  of the Illinois
23        Controlled  Substances Act in violation of Article IV  of
24        the   Illinois  Controlled  Substances  Act,  except  for
25        controlled substances that are prescribed  in  accordance
26        with  Article  III  of the Illinois Controlled Substances
27        Act and are dispensed to such  child  in  a  manner  that
28        substantially complies with the prescription.
29        A  child  shall  not  be  considered  abused for the sole
30    reason that the child has  been  relinquished  in  accordance
31    with the Abandoned Newborn Infant Protection Act.
32        "Neglected  child"  means  any child who is not receiving
33    the proper or necessary nourishment  or  medically  indicated
34    treatment  including  food or care not provided solely on the
 
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 1    basis of  the  present  or  anticipated  mental  or  physical
 2    impairment  as  determined  by a physician acting alone or in
 3    consultation  with  other  physicians  or  otherwise  is  not
 4    receiving the proper or necessary support or medical or other
 5    remedial care recognized under State law as necessary  for  a
 6    child's  well-being,  or  other care necessary for his or her
 7    well-being, including adequate food, clothing and shelter; or
 8    who is abandoned by  his  or  her  parents  or  other  person
 9    responsible  for the child's welfare without a proper plan of
10    care; or who is a  newborn  infant  whose  blood,  urine,  or
11    meconium  contains  any  amount  of a controlled substance as
12    defined in subsection (f) of  Section  102  of  the  Illinois
13    Controlled  Substances  Act or a metabolite thereof, with the
14    exception of a controlled  substance  or  metabolite  thereof
15    whose presence in the newborn infant is the result of medical
16    treatment administered to the mother or the newborn infant. A
17    child  shall  not be considered neglected for the sole reason
18    that the child's parent or other person responsible  for  his
19    or  her  welfare  has  left the child in the care of an adult
20    relative for any  period  of  time.  A  child  shall  not  be
21    considered  neglected  for the sole reason that the child has
22    been relinquished in accordance with  the  Abandoned  Newborn
23    Infant  Protection  Act.   A  child  shall  not be considered
24    neglected or abused for the sole  reason  that  such  child's
25    parent  or  other  person  responsible for his or her welfare
26    depends upon spiritual means through  prayer  alone  for  the
27    treatment  or  cure  of  disease or remedial care as provided
28    under Section 4 of this Act.  A child shall not be considered
29    neglected or abused solely because the child is not attending
30    school in accordance with the requirements of Article  26  of
31    The School Code, as amended.
32        "Child Protective Service Unit" means certain specialized
33    State employees of the Department assigned by the Director to
34    perform  the  duties  and  responsibilities as provided under
 
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 1    Section 7.2 of this Act.
 2        "Person responsible for the child's  welfare"  means  the
 3    child's  parent; guardian; foster parent; relative caregiver;
 4    any person responsible for the child's welfare in a public or
 5    private  residential  agency  or  institution;   any   person
 6    responsible  for  the  child's  welfare  within  a  public or
 7    private profit or not for profit child care facility; or  any
 8    other  person responsible for the child's welfare at the time
 9    of the alleged abuse or neglect, or any person  who  came  to
10    know  the  child  through an official capacity or position of
11    trust,   including   but   not   limited   to   health   care
12    professionals,    educational     personnel,     recreational
13    supervisors,  and  volunteers  or  support  personnel  in any
14    setting where children may be subject to abuse or neglect.
15        "Temporary protective custody"  means  custody  within  a
16    hospital  or  other  medical  facility  or a place previously
17    designated for such custody by  the  Department,  subject  to
18    review  by the Court, including a licensed foster home, group
19    home, or other institution; but such place  shall  not  be  a
20    jail or other place for the detention of criminal or juvenile
21    offenders.
22        "An  unfounded  report"  means any report made under this
23    Act for which it is determined after an investigation that no
24    credible evidence of abuse or neglect exists.
25        "An indicated report" means a report made under this  Act
26    if  an investigation determines that credible evidence of the
27    alleged abuse or neglect exists.
28        "An undetermined report" means any report made under this
29    Act in which it was not possible to initiate or  complete  an
30    investigation  on  the  basis  of information provided to the
31    Department.
32        "Subject of report"  means  any  child  reported  to  the
33    central register of child abuse and neglect established under
34    Section  7.7  of  this Act and his or her parent, guardian or
 
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 1    other person responsible who is also named in the report.
 2        "Perpetrator"  means  a  person  who,  as  a  result   of
 3    investigation,  has been determined by the Department to have
 4    caused child abuse or neglect.
 5    (Source: P.A. 90-239, eff.  7-28-97;  90-684,  eff.  7-31-98;
 6    91-802, eff. 1-1-01.)

 7        Section 95.  The Juvenile Court Act of 1987 is amended by
 8    changing Section 2-3 as follows:

 9        (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
10        Sec. 2-3.  Neglected or abused minor.
11        (1)  Those who are neglected include:
12             (a)  any  minor  under  18  years  of age who is not
13        receiving the proper or necessary support,  education  as
14        required  by  law,  or  medical  or  other  remedial care
15        recognized under State law as  necessary  for  a  minor's
16        well-being,  or  other  care  necessary  for  his  or her
17        well-being,  including  adequate   food,   clothing   and
18        shelter,  or  who  is  abandoned by his or her parents or
19        other person responsible for the minor's welfare,  except
20        that  a  minor  shall not be considered neglected for the
21        sole reason that  the  minor's  parent  or  other  person
22        responsible for the minor's welfare has left the minor in
23        the care of an adult relative for any period of time; or
24             (b)  any   minor   under   18  years  of  age  whose
25        environment is injurious to his or her welfare; or
26             (c)  any  newborn  infant  whose  blood,  urine,  or
27        meconium contains any amount of a controlled substance as
28        defined in subsection (f) of Section 102 of the  Illinois
29        Controlled  Substances  Act, as now or hereafter amended,
30        or a metabolite  of  a  controlled  substance,  with  the
31        exception of controlled substances or metabolites of such
32        substances,  the  presence of which in the newborn infant
 
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 1        is the result of medical treatment  administered  to  the
 2        mother or the newborn infant; or
 3             (d)  any  minor  under  the  age  of  14 years whose
 4        parent  or  other  person  responsible  for  the  minor's
 5        welfare leaves  the  minor  without  supervision  for  an
 6        unreasonable period of time without regard for the mental
 7        or physical health, safety, or welfare of that minor.
 8        Whether  the minor was left without regard for the mental
 9    or physical health, safety, or welfare of that minor  or  the
10    period  of  time  was  unreasonable  shall  be  determined by
11    considering the following factors, including but not  limited
12    to:
13             (1)  the age of the minor;
14             (2)  the number of minors left at the location;
15             (3)  special  needs  of the minor, including whether
16        the minor  is  physically  or  mentally  handicapped,  or
17        otherwise in need of ongoing prescribed medical treatment
18        such as periodic doses of insulin or other medications;
19             (4)  the  duration  of  time  in which the minor was
20        left without supervision;
21             (5)  the condition and location of the  place  where
22        the minor was left without supervision;
23             (6)  the  time  of  day  or night when the minor was
24        left without supervision;
25             (7)  the weather conditions, including  whether  the
26        minor  was  left  in  a location with adequate protection
27        from the natural elements such as adequate heat or light;
28             (8)  the location of the parent or guardian  at  the
29        time the minor was left without supervision, the physical
30        distance the minor was from the parent or guardian at the
31        time the minor was without supervision;
32             (9)  whether the minor's movement was restricted, or
33        the  minor  was  otherwise  locked within a room or other
34        structure;
 
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 1             (10)  whether the minor was given a phone number  of
 2        a person or location to call in the event of an emergency
 3        and  whether the minor was capable of making an emergency
 4        call;
 5             (11)  whether there was  food  and  other  provision
 6        left for the minor;
 7             (12)  whether  any of the conduct is attributable to
 8        economic hardship or illness and the parent, guardian  or
 9        other  person  having  physical custody or control of the
10        child made a good faith effort to provide for the  health
11        and safety of the minor;
12             (13)  the  age  and physical and mental capabilities
13        of the person or persons who provided supervision for the
14        minor;
15             (14)  whether  the  minor   was   left   under   the
16        supervision of another person;
17             (15)  any  other  factor  that  would  endanger  the
18        health and safety of that particular minor.
19        A  minor  shall  not be considered neglected for the sole
20    reason that the minor has  been  relinquished  in  accordance
21    with the Abandoned Newborn Infant Protection Act.
22        (2)  Those  who  are  abused  include  any minor under 18
23    years of age whose parent or immediate family member, or  any
24    person responsible for the minor's welfare, or any person who
25    is  in  the  same  family  or  household as the minor, or any
26    individual residing in the same  home  as  the  minor,  or  a
27    paramour of the minor's parent:
28             (i)  inflicts,  causes to be inflicted, or allows to
29        be inflicted upon such minor physical  injury,  by  other
30        than accidental means, which causes death, disfigurement,
31        impairment  of  physical  or emotional health, or loss or
32        impairment of any bodily function;
33             (ii)  creates a substantial risk of physical  injury
34        to  such minor by other than accidental means which would
 
HB0632 Enrolled             -22-               LRB9203754DJmb
 1        be likely to cause death,  disfigurement,  impairment  of
 2        emotional  health,  or  loss  or impairment of any bodily
 3        function;
 4             (iii)  commits or allows to  be  committed  any  sex
 5        offense  against  such  minor,  as  such sex offenses are
 6        defined in the Criminal Code of  1961,  as  amended,  and
 7        extending  those  definitions  of sex offenses to include
 8        minors under 18 years of age;
 9             (iv)  commits or allows to be committed  an  act  or
10        acts of torture upon such minor; or
11             (v)  inflicts excessive corporal punishment.
12        A  minor  shall  not  be  considered  abused for the sole
13    reason that the minor has  been  relinquished  in  accordance
14    with the Abandoned Newborn Infant Protection Act.
15        (3)  This  Section does not apply to a minor who would be
16    included herein solely for  the  purpose  of  qualifying  for
17    financial  assistance  for  himself, his parents, guardian or
18    custodian.
19    (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)

20        Section 96.  The Criminal Code  of  1961  is  amended  by
21    changing Sections 12-21.5 and 12-21.6 as follows:

22        (720 ILCS 5/12-21.5)
23        Sec. 12-21.5. Child Abandonment.
24        (a)  A  person  commits  the offense of child abandonment
25    when he or she, as a parent, guardian, or other person having
26    physical custody or control of a child,  without  regard  for
27    the  mental  or  physical  health, safety, or welfare of that
28    child, knowingly leaves that child who is under the age of 13
29    without supervision by a responsible person over the  age  of
30    14  for  a  period  of 24 hours or more, except that a person
31    does not commit the offense of child abandonment when  he  or
32    she  relinquishes  a  child  in accordance with the Abandoned
 
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 1    Newborn Infant Protection Act.
 2        (b)  For the purposes of determining  whether  the  child
 3    was  left  without  regard for the mental or physical health,
 4    safety, or welfare of that child, the  trier  of  fact  shall
 5    consider the following factors:
 6             (1)  the age of the child;
 7             (2)  the number of children left at the location;
 8             (3)  special  needs  of the child, including whether
 9        the child  is  physically  or  mentally  handicapped,  or
10        otherwise in need of ongoing prescribed medical treatment
11        such as periodic doses of insulin or other medications;
12             (4)  the  duration  of  time  in which the child was
13        left without supervision;
14             (5)  the condition and location of the  place  where
15        the child was left without supervision;
16             (6)  the  time  of  day  or night when the child was
17        left without supervision;
18             (7)  the weather conditions, including  whether  the
19        child  was  left  in  a location with adequate protection
20        from the natural elements such as adequate heat or light;
21             (8)  the location of the parent, guardian, or  other
22        person having physical custody or control of the child at
23        the  time  the  child  was  left without supervision, the
24        physical  distance  the  child  was  from   the   parent,
25        guardian,  or  other  person  having  physical custody or
26        control of the child at the time the  child  was  without
27        supervision;
28             (9)  whether the child's movement was restricted, or
29        the  child  was  otherwise  locked within a room or other
30        structure;
31             (10)  whether the child was given a phone number  of
32        a person or location to call in the event of an emergency
33        and  whether the child was capable of making an emergency
34        call;
 
HB0632 Enrolled             -24-               LRB9203754DJmb
 1             (11)  whether there was  food  and  other  provision
 2        left for the child;
 3             (12)  whether  any of the conduct is attributable to
 4        economic hardship or illness and the parent, guardian  or
 5        other  person  having  physical custody or control of the
 6        child made a good faith effort to provide for the  health
 7        and safety of the child;
 8             (13)  the  age  and physical and mental capabilities
 9        of the person or persons who provided supervision for the
10        child;
11             (14)  any  other  factor  that  would  endanger  the
12        health or safety of that particular child;
13             (15)  whether  the  child   was   left   under   the
14        supervision of another person.
15        (d)  Child  abandonment is a Class 4 felony.  A second or
16    subsequent offense after a prior  conviction  is  a  Class  3
17    felony.
18    (Source: P.A. 88-479.)

19        (720 ILCS 5/12-21.6)
20        Sec. 12-21.6.  Endangering the life or health of a child.
21        (a)  It  is unlawful for any person to willfully cause or
22    permit the life or health of a child under the age of  18  to
23    be  endangered  or to willfully cause or permit a child to be
24    placed in circumstances that endanger  the  child's  life  or
25    health,  except  that  it  is  not  unlawful  for a person to
26    relinquish a child in accordance with the  Abandoned  Newborn
27    Infant Protection Act.
28        (b)  A   violation   of   this   Section  is  a  Class  A
29    misdemeanor.   A  second  or  subsequent  violation  of  this
30    Section is a Class 3 felony.  A  violation  of  this  Section
31    that  is  a  proximate  cause  of the death of the child is a
32    Class 3 felony for which a person, if sentenced to a term  of
33    imprisonment, shall be sentenced to a term of not less than 2
 
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 1    years and not more than 10 years.
 2    (Source: P.A. 90-687, eff. 7-31-98.)

 3        Section  96.5.  The  Neglected  Children  Offense  Act is
 4    amended by changing Section 2 as follows:

 5        (720 ILCS 130/2) (from Ch. 23, par. 2361)
 6        Sec. 2. Any parent, legal guardian or person  having  the
 7    custody  of  a child under the age of 18 years, who knowingly
 8    or wilfully causes, aids or encourages such person to  be  or
 9    to  become  a  dependent  and  neglected  child as defined in
10    section 1, who knowingly or wilfully does acts which directly
11    tend to render any such child so dependent and neglected,  or
12    who  knowingly  or  wilfully  fails  to  do  that  which will
13    directly tend to prevent such state of dependency and neglect
14    is guilty of the Class A misdemeanor of contributing  to  the
15    dependency  and neglect of children, except that a person who
16    relinquishes a child in accordance with the Abandoned Newborn
17    Infant Protection Act is  not  guilty  of  that  misdemeanor.
18    Instead of imposing the punishment hereinbefore provided, the
19    court may release the defendant from custody on probation for
20    one  year  upon his or her entering into recognizance with or
21    without  surety  in  such  sum  as  the  court  directs.  The
22    conditions of the recognizance shall  be  such  that  if  the
23    defendant  appears personally in court whenever ordered to do
24    so within the year and provides and cares for such  neglected
25    and   dependent   child  in  such  manner  as  to  prevent  a
26    continuance or repetition of such  state  of  dependency  and
27    neglect or as otherwise may be directed by the court then the
28    recognizance  shall  be  void,  otherwise it shall be of full
29    force and effect. If the court is  satisfied  by  information
30    and due proof under oath that at any time during the year the
31    defendant  has  violated  the  terms  of  such  order  it may
32    forthwith revoke the order and sentence him or her under  the
 
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 1    original conviction. Unless so sentenced, the defendant shall
 2    at  the  end of the year be discharged. In case of forfeiture
 3    on the recognizance the sum  recovered  thereon  may  in  the
 4    discretion  of  the  court  be  paid  in  whole or in part to
 5    someone designated by the  court  for  the  support  of  such
 6    dependent and neglected child.
 7    (Source: P.A. 77-2350.)

 8        Section  97.   The  Adoption  Act  is amended by changing
 9    Section 1 as follows:

10        (750 ILCS 50/1) (from Ch. 40, par. 1501)
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, unless the
25    consent is determined to be  void  or  is  void  pursuant  to
26    subsection O of Section 10.
27        C.  "Agency"  for  the purpose of this Act means a public
28    child welfare agency or a licensed child welfare agency.
29        D.  "Unfit person" means any person whom the court  shall
30    find  to  be  unfit  to  have  a child, without regard to the
31    likelihood that the child will be placed for  adoption.   The
32    grounds  of  unfitness  are any one or more of the following,
 
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 1    except that a person shall not be considered an unfit  person
 2    for  the sole reason that the person has relinquished a child
 3    in accordance with the Abandoned  Newborn  Infant  Protection
 4    Act:
 5             (a)  Abandonment of the child.
 6             (a-1)  Abandonment   of   a   newborn  infant  in  a
 7        hospital.
 8             (a-2)  Abandonment  of  a  newborn  infant  in   any
 9        setting  where  the  evidence  suggests  that  the parent
10        intended to relinquish his or her parental rights.
11             (b)  Failure to  maintain  a  reasonable  degree  of
12        interest,  concern  or  responsibility  as to the child's
13        welfare.
14             (c)  Desertion of the child for more than  3  months
15        next   preceding   the   commencement   of  the  Adoption
16        proceeding.
17             (d)  Substantial neglect of the child if  continuous
18        or repeated.
19             (d-1)  Substantial   neglect,   if   continuous   or
20        repeated,  of  any  child residing in the household which
21        resulted in the death of that child.
22             (e)  Extreme or repeated cruelty to the child.
23             (f)  Two or more findings of physical abuse  to  any
24        children  under  Section 4-8 of the Juvenile Court Act or
25        Section 2-21 of the Juvenile Court Act of 1987, the  most
26        recent  of  which  was  determined  by the juvenile court
27        hearing  the  matter  to  be  supported  by   clear   and
28        convincing  evidence;  a criminal conviction or a finding
29        of not guilty by reason of insanity  resulting  from  the
30        death  of any child by physical child abuse; or a finding
31        of physical child abuse resulting from the death  of  any
32        child  under  Section  4-8  of  the Juvenile Court Act or
33        Section 2-21 of the Juvenile Court Act of 1987.
34             (g)  Failure to protect the  child  from  conditions
 
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 1        within his environment injurious to the child's welfare.
 2             (h)  Other  neglect  of,  or  misconduct  toward the
 3        child; provided that in making a finding of unfitness the
 4        court hearing the adoption proceeding shall not be  bound
 5        by  any  previous finding, order or judgment affecting or
 6        determining the rights of the parents  toward  the  child
 7        sought  to be adopted in any other proceeding except such
 8        proceedings terminating parental rights as shall  be  had
 9        under  either  this  Act,  the  Juvenile Court Act or the
10        Juvenile Court Act of 1987.
11             (i)  Depravity.   Conviction  of  any  one  of   the
12        following crimes shall create a presumption that a parent
13        is  depraved  which  can  be  overcome  only by clear and
14        convincing evidence: (1) first degree murder in violation
15        of paragraph 1 or 2 of subsection (a) of Section  9-1  of
16        the  Criminal Code of 1961 or conviction of second degree
17        murder in violation of subsection (a) of Section  9-2  of
18        the  Criminal Code of 1961 of a parent of the child to be
19        adopted; (2) first degree murder or second degree  murder
20        of  any  child in violation of the Criminal Code of 1961;
21        (3) attempt or conspiracy to commit first  degree  murder
22        or  second degree murder of any child in violation of the
23        Criminal Code of 1961; (4) solicitation to commit  murder
24        of  any child, solicitation to commit murder of any child
25        for hire, or solicitation to commit second degree  murder
26        of  any  child in violation of the Criminal Code of 1961;
27        or (5) aggravated criminal sexual assault in violation of
28        Section 12-14(b)(1) of the Criminal Code of 1961.
29             There is a rebuttable presumption that a  parent  is
30        depraved  if  the parent has been criminally convicted of
31        at least 3 felonies under the laws of this State  or  any
32        other  state,  or under federal law, or the criminal laws
33        of any United States territory; and at least one of these
34        convictions took place within 5 years of  the  filing  of
 
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 1        the  petition  or  motion seeking termination of parental
 2        rights.
 3             There is a rebuttable presumption that a  parent  is
 4        depraved  if that parent has been criminally convicted of
 5        either first or second degree murder  of  any  person  as
 6        defined  in  the Criminal Code of 1961 within 10 years of
 7        the filing date of the petition or  motion  to  terminate
 8        parental rights.
 9             (j)  Open and notorious adultery or fornication.
10             (j-1)  (Blank).
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             There is a rebuttable presumption that a  parent  is
16        unfit  under this subsection with respect to any child to
17        which that parent gives birth where there is a  confirmed
18        test  result  that  at birth the child's blood, urine, or
19        meconium contained any amount of a  controlled  substance
20        as  defined  in  subsection  (f)  of  Section  102 of the
21        Illinois Controlled Substances Act or metabolites of such
22        substances, the presence of which in the  newborn  infant
23        was  not  the result of medical treatment administered to
24        the mother or the  newborn  infant;  and  the  biological
25        mother of this child is the biological mother of at least
26        one  other  child  who  was adjudicated a neglected minor
27        under subsection (c) of Section 2-3 of the Juvenile Court
28        Act of 1987.
29             (l)  Failure to demonstrate a reasonable  degree  of
30        interest,  concern or responsibility as to the welfare of
31        a new born child during  the  first  30  days  after  its
32        birth.
33             (m)  Failure  by  a  parent  (i)  to make reasonable
34        efforts to correct the conditions that were the basis for
 
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 1        the removal of the child from the parent, or (ii) to make
 2        reasonable progress toward the return of the child to the
 3        parent within 9 months after an adjudication of neglected
 4        or abused minor under Section 2-3 of the  Juvenile  Court
 5        Act  of 1987 or dependent minor under Section 2-4 of that
 6        Act, or (iii) to  make  reasonable  progress  toward  the
 7        return  of  the  child  to  the parent during any 9-month
 8        period after  the  end  of  the  initial  9-month  period
 9        following  the  adjudication of neglected or abused minor
10        under Section 2-3 of the Juvenile Court Act  of  1987  or
11        dependent  minor  under  Section  2-4  of  that Act. If a
12        service plan  has  been  established  as  required  under
13        Section  8.2  of the Abused and Neglected Child Reporting
14        Act to correct the conditions that were the basis for the
15        removal of  the  child  from  the  parent  and  if  those
16        services  were available, then, for purposes of this Act,
17        "failure to make reasonable progress toward the return of
18        the child  to  the  parent"  includes  (I)  the  parent's
19        failure  to  substantially fulfill his or her obligations
20        under the service plan and correct  the  conditions  that
21        brought  the  child  into  care within 9 months after the
22        adjudication under Section 2-3 or  2-4  of  the  Juvenile
23        Court  Act  of  1987  and  (II)  the  parent's failure to
24        substantially fulfill his or her  obligations  under  the
25        service  plan and correct the conditions that brought the
26        child into care during any 9-month period after  the  end
27        of  the initial 9-month period following the adjudication
28        under Section 2-3 or 2-4 of the  Juvenile  Court  Act  of
29        1987.
30             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
31        child has been in foster care for 15 months out of any 22
32        month  period which begins on or after the effective date
33        of this amendatory Act of 1998 unless the child's  parent
34        can  prove  by a preponderance of the evidence that it is
 
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 1        more likely  than  not  that  it  will  be  in  the  best
 2        interests  of  the  child  to  be  returned to the parent
 3        within 6 months of the  date  on  which  a  petition  for
 4        termination   of  parental  rights  is  filed  under  the
 5        Juvenile Court Act of 1987.  The 15 month time  limit  is
 6        tolled  during  any  period  for  which  there is a court
 7        finding that the appointed custodian or  guardian  failed
 8        to  make reasonable efforts to reunify the child with his
 9        or her family,  provided  that  (i)  the  finding  of  no
10        reasonable  efforts  is made within 60 days of the period
11        when reasonable efforts were not made or (ii) the  parent
12        filed  a  motion  requesting  a  finding of no reasonable
13        efforts within 60 days  of  the  period  when  reasonable
14        efforts  were not made.  For purposes of this subdivision
15        (m-1), the date of entering foster care  is  the  earlier
16        of: (i) the date of a judicial finding at an adjudicatory
17        hearing  that  the  child  is  an  abused,  neglected, or
18        dependent minor; or (ii) 60 days after the date on  which
19        the child is removed from his or her parent, guardian, or
20        legal custodian.
21             (n)  Evidence of intent to forgo his or her parental
22        rights,  whether or not the child is a ward of the court,
23        (1) as manifested by his or her failure for a  period  of
24        12  months:  (i)  to visit the child, (ii) to communicate
25        with the child or agency, although able to do so and  not
26        prevented  from  doing so by an agency or by court order,
27        or (iii) to maintain contact with or plan for the  future
28        of  the  child, although physically able to do so, or (2)
29        as manifested by the father's failure, where he  and  the
30        mother  of  the child were unmarried to each other at the
31        time  of  the  child's  birth,  (i)  to  commence   legal
32        proceedings to establish his paternity under the Illinois
33        Parentage  Act  of 1984 or the law of the jurisdiction of
34        the child's birth  within  30  days  of  being  informed,
 
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 1        pursuant  to  Section  12a  of  this  Act, that he is the
 2        father or the likely father of the child or, after  being
 3        so  informed  where  the child is not yet born, within 30
 4        days of the child's birth, or (ii) to make a  good  faith
 5        effort to pay a reasonable amount of the expenses related
 6        to  the  birth  of  the child and to provide a reasonable
 7        amount for the financial support of the child, the  court
 8        to   consider   in   its   determination   all   relevant
 9        circumstances,  including the financial condition of both
10        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 forgo 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.
 
HB0632 Enrolled             -33-               LRB9203754DJmb
 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)  The  parent  has  been  criminally convicted of
19        aggravated battery, heinous battery, or attempted  murder
20        of any child.
21             (r)  The  child  is  in  the  temporary  custody  or
22        guardianship  of  the  Department  of Children and Family
23        Services, the parent  is  incarcerated  as  a  result  of
24        criminal  conviction  at  the time the petition or motion
25        for termination of parental rights  is  filed,  prior  to
26        incarceration  the  parent  had little or no contact with
27        the child or provided little or no support for the child,
28        and the parent's incarceration will  prevent  the  parent
29        from discharging his or her parental responsibilities for
30        the  child  for  a  period in excess of 2 years after the
31        filing of the  petition  or  motion  for  termination  of
32        parental rights.
33             (s)  The  child  is  in  the  temporary  custody  or
34        guardianship  of  the  Department  of Children and Family
 
HB0632 Enrolled             -34-               LRB9203754DJmb
 1        Services, the parent is  incarcerated  at  the  time  the
 2        petition  or motion for termination of parental rights is
 3        filed, the parent has been repeatedly incarcerated  as  a
 4        result of criminal convictions, and the parent's repeated
 5        incarceration  has  prevented the parent from discharging
 6        his or her parental responsibilities for the child.
 7             (t)  A finding that  at  birth  the  child's  blood,
 8        urine,  or  meconium contained any amount of a controlled
 9        substance as defined in subsection (f) of Section 102  of
10        the  Illinois  Controlled Substances Act, or a metabolite
11        of  a  controlled  substance,  with  the   exception   of
12        controlled  substances or metabolites of such substances,
13        the presence of which  in  the  newborn  infant  was  the
14        result of medical treatment administered to the mother or
15        the  newborn  infant,  and  that the biological mother of
16        this child is the biological mother of at least one other
17        child  who  was  adjudicated  a  neglected  minor   under
18        subsection  (c)  of Section 2-3 of the Juvenile Court Act
19        of 1987,  after  which  the  biological  mother  had  the
20        opportunity  to enroll in and participate in a clinically
21        appropriate substance abuse  counseling,  treatment,  and
22        rehabilitation program.
23        E.  "Parent"  means  the father or mother of a legitimate
24    or illegitimate child.  For the purpose of this Act, a person
25    who has executed a final and irrevocable consent to  adoption
26    or   a  final  and  irrevocable  surrender  for  purposes  of
27    adoption, or whose parental rights have been terminated by  a
28    court,  is  not  a parent of the child who was the subject of
29    the consent or surrender, unless the consent is void pursuant
30    to subsection O of Section 10.
31        F.  A person is available for adoption  when  the  person
32    is:
33             (a)  a  child  who has been surrendered for adoption
34        to an  agency  and  to  whose  adoption  the  agency  has
 
HB0632 Enrolled             -35-               LRB9203754DJmb
 1        thereafter consented;
 2             (b)  a  child  to whose adoption a person authorized
 3        by law, other than his  parents,  has  consented,  or  to
 4        whose adoption no consent is required pursuant to Section
 5        8 of this Act;
 6             (c)  a  child  who  is in the custody of persons who
 7        intend  to  adopt  him  through  placement  made  by  his
 8        parents;
 9             (c-1)  a child  for  whom  a  parent  has  signed  a
10        specific  consent pursuant to subsection O of Section 10;
11        or
12             (d)  an adult who meets the conditions set forth  in
13        Section 3 of this Act; or.
14             (e)  a child who has been relinquished as defined in
15        Section  10  of  the  Abandoned Newborn Infant Protection
16        Act.
17        A person who would otherwise be  available  for  adoption
18    shall not be deemed unavailable for adoption solely by reason
19    of his or her death.
20        G.  The  singular  includes  the  plural  and  the plural
21    includes the singular and the "male" includes  the  "female",
22    as the context of this Act may require.
23        H.  "Adoption   disruption"   occurs   when  an  adoptive
24    placement does not prove successful and it becomes  necessary
25    for  the  child  to  be  removed  from  placement  before the
26    adoption is finalized.
27        I.  "Foreign placing agency" is an agency  or  individual
28    operating in a country or territory outside the United States
29    that  is  authorized  by  its  country  to place children for
30    adoption either directly with families in the  United  States
31    or through United States based international agencies.
32        J.  "Immediate  relatives"  means the biological parents,
33    the parents of the biological parents  and  siblings  of  the
34    biological parents.
 
HB0632 Enrolled             -36-               LRB9203754DJmb
 1        K.  "Intercountry adoption" is a process by which a child
 2    from a country other than the United States is adopted.
 3        L.  "Intercountry Adoption Coordinator" is a staff person
 4    of  the  Department of Children and Family Services appointed
 5    by the Director to coordinate the provision  of  services  by
 6    the  public  and  private  sector  to  prospective parents of
 7    foreign-born children.
 8        M.  "Interstate Compact on the Placement of Children"  is
 9    a  law enacted by most states for the purpose of establishing
10    uniform procedures for handling the interstate  placement  of
11    children in foster homes, adoptive homes, or other child care
12    facilities.
13        N.  "Non-Compact  state"  means  a  state  that  has  not
14    enacted the Interstate Compact on the Placement of Children.
15        O.  "Preadoption   requirements"   are   any   conditions
16    established  by  the  laws  or  regulations  of  the  Federal
17    Government  or  of  each  state that must be met prior to the
18    placement of a child in an adoptive home.
19        P.  "Abused  child"  means  a  child  whose   parent   or
20    immediate  family  member,  or any person responsible for the
21    child's welfare,  or any individual residing in the same home
22    as the child, or a paramour of the child's parent:
23             (a)  inflicts, causes to be inflicted, or allows  to
24        be  inflicted  upon  the  child physical injury, by other
25        than accidental means, that causes death,  disfigurement,
26        impairment  of  physical  or emotional health, or loss or
27        impairment of any bodily function;
28             (b)  creates a substantial risk of  physical  injury
29        to  the  child by other than accidental means which would
30        be likely to cause death,  disfigurement,  impairment  of
31        physical  or  emotional  health, or loss or impairment of
32        any bodily function;
33             (c)  commits or  allows  to  be  committed  any  sex
34        offense against the child, as sex offenses are defined in
 
HB0632 Enrolled             -37-               LRB9203754DJmb
 1        the Criminal Code of 1961 and extending those definitions
 2        of  sex  offenses  to  include children under 18 years of
 3        age;
 4             (d)  commits or allows to be  committed  an  act  or
 5        acts of torture upon the child; or
 6             (e)  inflicts excessive corporal punishment.
 7        Q.  "Neglected  child"  means  any  child whose parent or
 8    other person responsible for the child's welfare withholds or
 9    denies nourishment or medically indicated treatment including
10    food or care denied solely on the basis  of  the  present  or
11    anticipated  mental or physical impairment as determined by a
12    physician  acting  alone  or  in  consultation   with   other
13    physicians  or  otherwise  does  not  provide  the  proper or
14    necessary support, education as required by law,  or  medical
15    or   other  remedial  care  recognized  under  State  law  as
16    necessary for a child's well-being, or other  care  necessary
17    for  his or her well-being, including adequate food, clothing
18    and shelter; or who is abandoned by his  or  her  parents  or
19    other person responsible for the child's welfare.
20        A  child  shall not be considered neglected or abused for
21    the sole reason that  the  child's  parent  or  other  person
22    responsible  for  his  or  her welfare depends upon spiritual
23    means through prayer alone  for  the  treatment  or  cure  of
24    disease  or  remedial care as provided under Section 4 of the
25    Abused and Neglected Child Reporting Act.
26        R.  "Putative father" means a man who may  be  a  child's
27    father,  but  who (1) is not married to the child's mother on
28    or before the date that the child was or is to  be  born  and
29    (2)  has  not  established  paternity of the child in a court
30    proceeding before the filing of a petition for  the  adoption
31    of  the  child.  The term includes a male who is less than 18
32    years of age.  "Putative father" does not mean a man  who  is
33    the  child's  father  as a result of criminal sexual abuse or
34    assault as defined under Article 12 of the Criminal  Code  of
 
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 1    1961.
 2        S.  "Standby  adoption"  means  an  adoption  in  which a
 3    terminally ill parent consents to custody and termination  of
 4    parental  rights to become effective upon the occurrence of a
 5    future event, which is either the death of the terminally ill
 6    parent or the request of the parent for the entry of a  final
 7    judgment of adoption.
 8        T.  "Terminally  ill  parent"  means  a  person who has a
 9    medical  prognosis  by  a  physician  licensed  to   practice
10    medicine  in  all  of  its  branches  that  the person has an
11    incurable and  irreversible  condition  which  will  lead  to
12    death.
13    (Source: P.A.  90-13,  eff.  6-13-97;  90-15,  eff.  6-13-97;
14    90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
15    eff.  1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
16    8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;  91-357,
17    eff.  7-29-99;  91-373,  eff.  1-1-00;  91-572,  eff. 1-1-00;
18    revised 8-31-99.)

19        Section 999. Effective date. This Act takes  effect  upon
20    becoming law.

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