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Public Act 103-0941 Public Act 0941 103RD GENERAL ASSEMBLY | Public Act 103-0941 | SB3136 Enrolled | LRB103 36587 KTG 66696 b |
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| AN ACT concerning children. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 1. Short title. This Act may be cited as the Family | Recovery Plans Implementation Task Force Act. | Section 5. Purpose and policy. It is the policy of this | State to serve and advance the best interests and secure the | safety and well-being of an infant with prenatal substance | exposure, while preserving the family unit whenever the safety | of the infant is not jeopardized. | It is the intent of the General Assembly to require a | coordinated, public health, and service-integrated response by | various agencies within this State's health and child welfare | systems to address the substance use treatment needs of | infants born with prenatal substance exposure, as well as the | treatment needs of their caregivers and families, by requiring | the development, provision, and monitoring of family recovery | plans. | Section 10. Findings. The General Assembly finds the | following: | (1) During pregnancy, substance use is a leading cause | of maternal death and is associated with poor birth |
| outcomes, including fetal growth restriction, fetal death, | and preterm labor. | (2) Pregnant people with substance use disorders are | less likely to seek treatment or report substance use due | to fear of criminalization, shame, and judgment; they may | also avoid seeking care within the health care system due | to fear of being reported to the child welfare system and | subsequent removal of their children. | (3) The American College of Obstetrics and | Gynecologists and the Illinois Perinatal Quality | Collaborative recommend identifying pregnant people with | substance use disorders through universal self-reporting | screening, brief intervention, and referral to specialized | care for treatment. | (4) Pregnant and parenting individuals with a | substance use disorder should be encouraged to receive | evidence-based treatment and not suffer punitive actions | for starting or continuing treatment, including when | medications for opioid use disorder are part of the | treatment protocol. | (5) There is a pressing need for increasing access to | evidence-based treatment for substance use disorders and | supportive care for families, including the appropriate | use of family needs assessments and family recovery plans. | (6) The cooperation and coordination of supportive | services for pregnant, peripartum, and postpartum |
| individuals and families are essential to help newborns | and children and to encourage and support treatment, | recovery, and a safe and healthy environment for children | and the family. | (7) There is a need for a coordinated, public health, | and service-integrated response by various agencies in | this State's health and child welfare systems to work | together to ensure the safety and well-being of infants | with prenatal substance exposure and pregnant and birthing | people with substance use disorders by developing, | implementing, and monitoring a family recovery plan | approach that addresses the health and substance use | treatment and recovery needs of the infant and affected | family or caregiver. | Section 15. Composition. The Family Recovery Plan | Implementation Task Force is created within the Department of | Human Services and shall consist of members appointed as | follows: | (1) The President of the Senate, or his or her | designee, shall appoint: one member of the Senate; one | member representing a statewide organization that | advocates on behalf of community-based services for | children and families; and one member from a statewide | organization representing a majority of hospitals. | (2) The Senate Minority Leader, or his or her |
| designee, shall appoint: one member of the Senate; one | member from an organization conducting quality improvement | initiatives to improve perinatal health; one member with | relevant lived experience, as recommended by a | reproductive justice advocacy organization with expertise | in perinatal and infant health and birth equity. | (3) The Speaker of the House of Representatives, or | his or her designee, shall appoint: one member of the | House of Representatives; one member who is a licensed | obstetrician-gynecologist, as recommended by a statewide | organization representing obstetricians and | gynecologists; one member with relevant lived experience, | as recommended by a reproductive justice advocacy | organization with expertise in perinatal and infant health | and birth equity. | (4) The House Minority Leader, or his or her designee, | shall appoint: one member of the House of Representatives; | one member who is a licensed physician specializing in | child abuse and neglect, as recommended by a statewide | organization representing pediatricians; and one member | who is a licensed physician specializing in perinatal | substance use disorder treatment, as recommended by a | statewide organization representing physicians. | (5) The Director of Children and Family Services, or | the Director's designee. | (6) The exclusive collective bargaining representative |
| of the majority of front-line employees at the Department | of Children and Family Services, or the representative's | designee. | (7) The Secretary of Human Services, or the | Secretary's designee. | (8) The Director of Public Health, or the Director's | designee. | (9) The Cook County Public Guardian, or the Cook | County Public Guardian's designee. | Section 20. Meetings; co-chairs; administrative support. | All members appointed under Section 15 shall serve without | compensation. Task Force members shall be appointed within 60 | days after the effective date of this Act. The Task Force shall | hold its initial meetings within 90 days after the effective | date of this Act. The Task Force shall meet at least 4 times a | year. A majority of the members of the Task Force shall | constitute a quorum. Two legislators appointed to the Task | Force shall be elected by members of the Task Force to serve as | co-chairs. The Department of Human Services shall provide | staff and any necessary administrative and other support to | the Task Force. Any data provided by the Departments of | Children and Family Services, Human Services, and Public | Health to the Task Force shall not contain any personally | identifiable information of any clients or families in | accordance with applicable confidentiality laws. The |
| Departments shall facilitate the prompt and timely collection | and provision of data as requested by or on behalf of the Task | Force. | The Task Force shall consult with an organization that | provides technical assistance or implementation support to | State child welfare systems to develop and implement the | family recovery plans requirement of the federal Child Abuse | and Prevention Treatment Act. The Task Force may coordinate | with existing committees or workgroups currently engaged in | the development and implementation of family recovery plan | requirements of the federal Child Abuse and Prevention | Treatment Act. | Section 25. Duties. The Task Force shall: | (1) review models of family recovery plans that have | been implemented in other states; | (2) review research regarding implementation of family | recovery plans care; | (3) develop recommendations regarding the | implementation of a family recovery plan model in | Illinois, including developing implementation, | monitoring, and reporting plans and identifying any | necessary policy, rule, or statutory changes, and | identifying any additional healthcare service coverage and | reimbursement that would facilitate access to care; | (4) review and develop recommendations to replace |
| punitive policies with notification policies requiring | health care professionals to notify the Department of | Children and Family Services in accordance with Section 7 | of the Abused and Neglected Child Reporting Act and | Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and | Treatment Act (Public Law 93-247) based solely on a | positive toxicology screen of the newborn; | (5) solicit feedback from stakeholders and advocates | to inform Task Force recommendations as necessary, | including soliciting feedback from members with experience | working in a hospital with licensed obstetrical beds and | members with experience from a small and rural or critical | access hospital with licensed obstetrical beds. | Section 30. Report. The Task Force shall produce and | submit its recommendations to the General Assembly and the | Governor within one year after the first meeting of the Task | Force. | Section 35. Repeal. The Task Force is dissolved, and this | Act is repealed on, January 1, 2027. | (325 ILCS 5/4.4 rep.) | Section 110. The Abused and Neglected Child Reporting Act | is amended by repealing Section 4.4. |
| Section 120. The Adoption Act is amended by changing | Section 1 as follows: | (750 ILCS 50/1) (from Ch. 40, par. 1501) | Sec. 1. Definitions. When used in this Act, unless the | context otherwise requires: | A. "Child" means a person under legal age subject to | adoption under this Act. | B. "Related child" means a child subject to adoption where | either or both of the adopting parents stands in any of the | following relationships to the child by blood, marriage, | adoption, or civil union: parent, grand-parent, | great-grandparent, brother, sister, step-parent, | step-grandparent, step-brother, step-sister, uncle, aunt, | great-uncle, great-aunt, first cousin, or second cousin. A | person is related to the child as a first cousin or second | cousin if they are both related to the same ancestor as either | grandchild or great-grandchild. A child whose parent has | executed a consent to adoption, a surrender, or a waiver | pursuant to Section 10 of this Act or whose parent has signed a | denial of paternity pursuant to Section 12 of the Vital | Records Act or Section 12a of this Act, or whose parent has had | his or her parental rights terminated, is not a related child | to that person, unless (1) the consent is determined to be void | or is void pursuant to subsection O of Section 10 of this Act; | or (2) the parent of the child executed a consent to adoption |
| by a specified person or persons pursuant to subsection A-1 of | Section 10 of this Act and a court of competent jurisdiction | finds that such consent is void; or (3) the order terminating | the parental rights of the parent is vacated by a court of | competent jurisdiction. | C. "Agency" for the purpose of this Act means a public | child welfare agency or a licensed child welfare agency. | D. "Unfit person" means any person whom the court shall | find to be unfit to have a child, without regard to the | likelihood that the child will be placed for adoption. The | grounds of unfitness are any one or more of the following, | except that a person shall not be considered an unfit person | for the sole reason that the person has relinquished a child in | accordance with the Abandoned Newborn Infant Protection Act: | (a) Abandonment of the child. | (a-1) Abandonment of a newborn infant in a hospital. | (a-2) Abandonment of a newborn infant in any setting | where the evidence suggests that the parent intended to | relinquish his or her parental rights. | (b) Failure to maintain a reasonable degree of | interest, concern or responsibility as to the child's | welfare. | (c) Desertion of the child for more than 3 months next | preceding the commencement of the Adoption proceeding. | (d) Substantial neglect of the child if continuous or | repeated. |
| (d-1) Substantial neglect, if continuous or repeated, | of any child residing in the household which resulted in | the death of that child. | (e) Extreme or repeated cruelty to the child. | (f) There is a rebuttable presumption, which can be | overcome only by clear and convincing evidence, that a | parent is unfit if: | (1) Two or more findings of physical abuse have | been entered regarding any children under Section 2-21 | of the Juvenile Court Act of 1987, the most recent of | which was determined by the juvenile court hearing the | matter to be supported by clear and convincing | evidence; or | (2) The parent has been convicted or found not | guilty by reason of insanity and the conviction or | finding resulted from the death of any child by | physical abuse; or | (3) There is a finding of physical child abuse | resulting from the death of any child under Section | 2-21 of the Juvenile Court Act of 1987. | No conviction or finding of delinquency pursuant to | Article V of the Juvenile Court Act of 1987 shall be | considered a criminal conviction for the purpose of | applying any presumption under this item (f). | (g) Failure to protect the child from conditions | within his environment injurious to the child's welfare. |
| (h) Other neglect of, or misconduct toward the child; | provided that in making a finding of unfitness the court | hearing the adoption proceeding shall not be bound by any | previous finding, order or judgment affecting or | determining the rights of the parents toward the child | sought to be adopted in any other proceeding except such | proceedings terminating parental rights as shall be had | under either this Act, the Juvenile Court Act or the | Juvenile Court Act of 1987. | (i) Depravity. Conviction of any one of the following | crimes shall create a presumption that a parent is | depraved which can be overcome only by clear and | convincing evidence: (1) first degree murder in violation | of paragraph (1) or (2) of subsection (a) of Section 9-1 of | the Criminal Code of 1961 or the Criminal Code of 2012 or | conviction of second degree murder in violation of | subsection (a) of Section 9-2 of the Criminal Code of 1961 | or the Criminal Code of 2012 of a parent of the child to be | adopted; (2) first degree murder or second degree murder | of any child in violation of the Criminal Code of 1961 or | the Criminal Code of 2012; (3) attempt or conspiracy to | commit first degree murder or second degree murder of any | child in violation of the Criminal Code of 1961 or the | Criminal Code of 2012; (4) solicitation to commit murder | of any child, solicitation to commit murder of any child | for hire, or solicitation to commit second degree murder |
| of any child in violation of the Criminal Code of 1961 or | the Criminal Code of 2012; (5) predatory criminal sexual | assault of a child in violation of Section 11-1.40 or | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | of 2012; (6) heinous battery of any child in violation of | the Criminal Code of 1961; (7) aggravated battery of any | child in violation of the Criminal Code of 1961 or the | Criminal Code of 2012; (8) any violation of Section | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | the Criminal Code of 2012; (9) any violation of subsection | (a) of Section 11-1.50 or Section 12-16 of the Criminal | Code of 1961 or the Criminal Code of 2012; (10) any | violation of Section 11-9.1 of the Criminal Code of 1961 | or the Criminal Code of 2012; (11) any violation of | Section 11-9.1A of the Criminal Code of 1961 or the | Criminal Code of 2012; or (12) an offense in any other | state the elements of which are similar and bear a | substantial relationship to any of the enumerated offenses | in this subsection (i). | There is a rebuttable presumption that a parent is | depraved if the parent has been criminally convicted of at | least 3 felonies under the laws of this State or any other | state, or under federal law, or the criminal laws of any | United States territory; and at least one of these | convictions took place within 5 years of the filing of the | petition or motion seeking termination of parental rights. |
| There is a rebuttable presumption that a parent is | depraved if that parent has been criminally convicted of | either first or second degree murder of any person as | defined in the Criminal Code of 1961 or the Criminal Code | of 2012 within 10 years of the filing date of the petition | or motion to terminate parental rights. | No conviction or finding of delinquency pursuant to | Article 5 of the Juvenile Court Act of 1987 shall be | considered a criminal conviction for the purpose of | applying any presumption under this item (i). | (j) Open and notorious adultery or fornication. | (j-1) (Blank). | (k) Habitual drunkenness or addiction to drugs, other | than those prescribed by a physician, for at least one | year immediately prior to the commencement of the | unfitness proceeding. | There is a rebuttable presumption that a parent is | unfit under this subsection with respect to any child to | which that parent gives birth where there is a confirmed | test result that at birth the child's blood, urine, or | meconium contained any amount of a controlled substance as | defined in subsection (f) of Section 102 of the Illinois | Controlled Substances Act or metabolites of such | substances, the presence of which in the newborn infant | was not the result of medical treatment administered to | the mother or the newborn infant; and the biological |
| mother of this child is the biological mother of at least | one other child who was adjudicated a neglected minor | under subsection (c) of Section 2-3 of the Juvenile Court | Act of 1987. | (l) Failure to demonstrate a reasonable degree of | interest, concern or responsibility as to the welfare of a | new born child during the first 30 days after its birth. | (m) Failure by a parent (i) to make reasonable efforts | to correct the conditions that were the basis for the | removal of the child from the parent during any 9-month | period following the adjudication of neglected or abused | minor under Section 2-3 of the Juvenile Court Act of 1987 | or dependent minor under Section 2-4 of that Act, or (ii) | to make reasonable progress toward the return of the child | to the parent during any 9-month period following the | adjudication of neglected or abused minor under Section | 2-3 of the Juvenile Court Act of 1987 or dependent minor | under Section 2-4 of that Act. If a service plan has been | established as required under Section 8.2 of the Abused | and Neglected Child Reporting Act to correct the | conditions that were the basis for the removal of the | child from the parent and if those services were | available, then, for purposes of this Act, "failure to | make reasonable progress toward the return of the child to | the parent" includes the parent's failure to substantially | fulfill his or her obligations under the service plan and |
| correct the conditions that brought the child into care | during any 9-month period following the adjudication under | Section 2-3 or 2-4 of the Juvenile Court Act of 1987. | Notwithstanding any other provision, when a petition or | motion seeks to terminate parental rights on the basis of | item (ii) of this subsection (m), the petitioner shall | file with the court and serve on the parties a pleading | that specifies the 9-month period or periods relied on. | The pleading shall be filed and served on the parties no | later than 3 weeks before the date set by the court for | closure of discovery, and the allegations in the pleading | shall be treated as incorporated into the petition or | motion. Failure of a respondent to file a written denial | of the allegations in the pleading shall not be treated as | an admission that the allegations are true. | (m-1) (Blank). | (n) Evidence of intent to forgo his or her parental | rights, whether or not the child is a ward of the court, | (1) as manifested by his or her failure for a period of 12 | months: (i) to visit the child, (ii) to communicate with | the child or agency, although able to do so and not | prevented from doing so by an agency or by court order, or | (iii) to maintain contact with or plan for the future of | the child, although physically able to do so, or (2) as | manifested by the father's failure, where he and the | mother of the child were unmarried to each other at the |
| time of the child's birth, (i) to commence legal | proceedings to establish his paternity under the Illinois | Parentage Act of 1984, the Illinois Parentage Act of 2015, | or the law of the jurisdiction of the child's birth within | 30 days of being informed, pursuant to Section 12a of this | Act, that he is the father or the likely father of the | child or, after being so informed where the child is not | yet born, within 30 days of the child's birth, or (ii) to | make a good faith effort to pay a reasonable amount of the | expenses related to the birth of the child and to provide a | reasonable amount for the financial support of the child, | the court to consider in its determination all relevant | circumstances, including the financial condition of both | parents; provided that the ground for termination provided | in this subparagraph (n)(2)(ii) shall only be available | where the petition is brought by the mother or the husband | of the mother. | Contact or communication by a parent with his or her | child that does not demonstrate affection and concern does | not constitute reasonable contact and planning under | subdivision (n). In the absence of evidence to the | contrary, the ability to visit, communicate, maintain | contact, pay expenses and plan for the future shall be | presumed. The subjective intent of the parent, whether | expressed or otherwise, unsupported by evidence of the | foregoing parental acts manifesting that intent, shall not |
| preclude a determination that the parent has intended to | forgo his or her parental rights. In making this | determination, the court may consider but shall not | require a showing of diligent efforts by an authorized | agency to encourage the parent to perform the acts | specified in subdivision (n). | It shall be an affirmative defense to any allegation | under paragraph (2) of this subsection that the father's | failure was due to circumstances beyond his control or to | impediments created by the mother or any other person | having legal custody. Proof of that fact need only be by a | preponderance of the evidence. | (o) Repeated or continuous failure by the parents, | although physically and financially able, to provide the | child with adequate food, clothing, or shelter. | (p) Inability to discharge parental responsibilities | supported by competent evidence from a psychiatrist, | licensed clinical social worker, or clinical psychologist | of mental impairment, mental illness or an intellectual | disability as defined in Section 1-116 of the Mental | Health and Developmental Disabilities Code, or | developmental disability as defined in Section 1-106 of | that Code, and there is sufficient justification to | believe that the inability to discharge parental | responsibilities shall extend beyond a reasonable time | period. However, this subdivision (p) shall not be |
| construed so as to permit a licensed clinical social | worker to conduct any medical diagnosis to determine | mental illness or mental impairment. | (q) (Blank). | (r) The child is in the temporary custody or | guardianship of the Department of Children and Family | Services, the parent is incarcerated as a result of | criminal conviction at the time the petition or motion for | termination of parental rights is filed, prior to | incarceration the parent had little or no contact with the | child or provided little or no support for the child, and | the parent's incarceration will prevent the parent from | discharging his or her parental responsibilities for the | child for a period in excess of 2 years after the filing of | the petition or motion for termination of parental rights. | (s) The child is in the temporary custody or | guardianship of the Department of Children and Family | Services, the parent is incarcerated at the time the | petition or motion for termination of parental rights is | filed, the parent has been repeatedly incarcerated as a | result of criminal convictions, and the parent's repeated | incarceration has prevented the parent from discharging | his or her parental responsibilities for the child. | (t) (Blank). A finding that at birth the child's | blood, urine, or meconium contained any amount of a | controlled substance as defined in subsection (f) of |
| Section 102 of the Illinois Controlled Substances Act, or | a metabolite of a controlled substance, with the exception | of controlled substances or metabolites of such | substances, the presence of which in the newborn infant | was the result of medical treatment administered to the | mother or the newborn infant, and that the biological | mother of this child is the biological mother of at least | one other child who was adjudicated a neglected minor | under subsection (c) of Section 2-3 of the Juvenile Court | Act of 1987, after which the biological mother had the | opportunity to enroll in and participate in a clinically | appropriate substance abuse counseling, treatment, and | rehabilitation program. | E. "Parent" means a person who is the legal mother or legal | father of the child as defined in subsection X or Y of this | Section. For the purpose of this Act, a parent who has executed | a consent to adoption, a surrender, or a waiver pursuant to | Section 10 of this Act, who has signed a Denial of Paternity | pursuant to Section 12 of the Vital Records Act or Section 12a | of this Act, or whose parental rights have been terminated by a | court, is not a parent of the child who was the subject of the | consent, surrender, waiver, or denial unless (1) the consent | is void pursuant to subsection O of Section 10 of this Act; or | (2) the person executed a consent to adoption by a specified | person or persons pursuant to subsection A-1 of Section 10 of | this Act and a court of competent jurisdiction finds that the |
| consent is void; or (3) the order terminating the parental | rights of the person is vacated by a court of competent | jurisdiction. | F. A person is available for adoption when the person is: | (a) a child who has been surrendered for adoption to | an agency and to whose adoption the agency has thereafter | consented; | (b) a child to whose adoption a person authorized by | law, other than his parents, has consented, or to whose | adoption no consent is required pursuant to Section 8 of | this Act; | (c) a child who is in the custody of persons who intend | to adopt him through placement made by his parents; | (c-1) a child for whom a parent has signed a specific | consent pursuant to subsection O of Section 10; | (d) an adult who meets the conditions set forth in | Section 3 of this Act; or | (e) a child who has been relinquished as defined in | Section 10 of the Abandoned Newborn Infant Protection Act. | A person who would otherwise be available for adoption | shall not be deemed unavailable for adoption solely by reason | of his or her death. | G. The singular includes the plural and the plural | includes the singular and the "male" includes the "female", as | the context of this Act may require. | H. (Blank). |
| I. "Habitual residence" has the meaning ascribed to it in | the federal Intercountry Adoption Act of 2000 and regulations | promulgated thereunder. | J. "Immediate relatives" means the biological parents, the | parents of the biological parents and siblings of the | biological parents. | K. "Intercountry adoption" is a process by which a child | from a country other than the United States is adopted by | persons who are habitual residents of the United States, or | the child is a habitual resident of the United States who is | adopted by persons who are habitual residents of a country | other than the United States. | L. (Blank). | M. "Interstate Compact on the Placement of Children" is a | law enacted by all states and certain territories for the | purpose of establishing uniform procedures for handling the | interstate placement of children in foster homes, adoptive | homes, or other child care facilities. | N. (Blank). | O. "Preadoption requirements" means any conditions or | standards established by the laws or administrative rules of | this State that must be met by a prospective adoptive parent | prior to the placement of a child in an adoptive home. | P. "Abused child" means a child whose parent or immediate | family member, or any person responsible for the child's | welfare, or any individual residing in the same home as the |
| child, or a paramour of the child's parent: | (a) inflicts, causes to be inflicted, or allows to be | inflicted upon the child physical injury, by other than | accidental means, that causes death, disfigurement, | impairment of physical or emotional health, or loss or | impairment of any bodily function; | (b) creates a substantial risk of physical injury to | the child by other than accidental means which would be | likely to cause death, disfigurement, impairment of | physical or emotional health, or loss or impairment of any | bodily function; | (c) commits or allows to be committed any sex offense | against the child, as sex offenses are defined in the | Criminal Code of 2012 and extending those definitions of | sex offenses to include children under 18 years of age; | (d) commits or allows to be committed an act or acts of | torture upon the child; or | (e) inflicts excessive corporal punishment. | Q. "Neglected child" means any child whose parent or other | person responsible for the child's welfare withholds or denies | nourishment or medically indicated treatment including food or | care denied solely on the basis of the present or anticipated | mental or physical impairment as determined by a physician | acting alone or in consultation with other physicians or | otherwise does not provide the proper or necessary support, | education as required by law, or medical or other remedial |
| care recognized under State law as necessary for a child's | well-being, or other care necessary for his or her well-being, | including adequate food, clothing and shelter; or who is | abandoned by his or her parents or other person responsible | for the child's welfare. | A child shall not be considered neglected or abused for | the sole reason that the child's parent or other person | responsible for his or her welfare depends upon spiritual | means through prayer alone for the treatment or cure of | disease or remedial care as provided under Section 4 of the | Abused and Neglected Child Reporting Act. A child shall not be | considered neglected or abused for the sole reason that the | child's parent or other person responsible for the child's | welfare failed to vaccinate, delayed vaccination, or refused | vaccination for the child due to a waiver on religious or | medical grounds as permitted by law. | R. "Putative father" means a man who may be a child's | father, but who (1) is not married to the child's mother on or | before the date that the child was or is to be born and (2) has | not established paternity of the child in a court proceeding | before the filing of a petition for the adoption of the child. | The term includes a male who is less than 18 years of age. | "Putative father" does not mean a man who is the child's father | as a result of criminal sexual abuse or assault as defined | under Article 11 of the Criminal Code of 2012. | S. "Standby adoption" means an adoption in which a parent |
| consents to custody and termination of parental rights to | become effective upon the occurrence of a future event, which | is either the death of the parent or the request of the parent | for the entry of a final judgment of adoption. | T. (Blank). | T-5. "Biological parent", "birth parent", or "natural | parent" of a child are interchangeable terms that mean a | person who is biologically or genetically related to that | child as a parent. | U. "Interstate adoption" means the placement of a minor | child with a prospective adoptive parent for the purpose of | pursuing an adoption for that child that is subject to the | provisions of the Interstate Compact on the Placement of | Children. | V. (Blank). | W. (Blank). | X. "Legal father" of a child means a man who is recognized | as or presumed to be that child's father: | (1) because of his marriage to or civil union with the | child's parent at the time of the child's birth or within | 300 days prior to that child's birth, unless he signed a | denial of paternity pursuant to Section 12 of the Vital | Records Act or a waiver pursuant to Section 10 of this Act; | or | (2) because his paternity of the child has been | established pursuant to the Illinois Parentage Act, the |
| Illinois Parentage Act of 1984, or the Gestational | Surrogacy Act; or | (3) because he is listed as the child's father or | parent on the child's birth certificate, unless he is | otherwise determined by an administrative or judicial | proceeding not to be the parent of the child or unless he | rescinds his acknowledgment of paternity pursuant to the | Illinois Parentage Act of 1984; or | (4) because his paternity or adoption of the child has | been established by a court of competent jurisdiction. | The definition in this subsection X shall not be construed | to provide greater or lesser rights as to the number of parents | who can be named on a final judgment order of adoption or | Illinois birth certificate that otherwise exist under Illinois | law. | Y. "Legal mother" of a child means a woman who is | recognized as or presumed to be that child's mother: | (1) because she gave birth to the child except as | provided in the Gestational Surrogacy Act; or | (2) because her maternity of the child has been | established pursuant to the Illinois Parentage Act of 1984 | or the Gestational Surrogacy Act; or | (3) because her maternity or adoption of the child has | been established by a court of competent jurisdiction; or | (4) because of her marriage to or civil union with the | child's other parent at the time of the child's birth or |
| within 300 days prior to the time of birth; or | (5) because she is listed as the child's mother or | parent on the child's birth certificate unless she is | otherwise determined by an administrative or judicial | proceeding not to be the parent of the child. | The definition in this subsection Y shall not be construed | to provide greater or lesser rights as to the number of parents | who can be named on a final judgment order of adoption or | Illinois birth certificate that otherwise exist under Illinois | law. | Z. "Department" means the Illinois Department of Children | and Family Services. | AA. "Placement disruption" means a circumstance where the | child is removed from an adoptive placement before the | adoption is finalized. | BB. "Secondary placement" means a placement, including but | not limited to the placement of a youth in care as defined in | Section 4d of the Children and Family Services Act, that | occurs after a placement disruption or an adoption | dissolution. "Secondary placement" does not mean secondary | placements arising due to the death of the adoptive parent of | the child. | CC. "Adoption dissolution" means a circumstance where the | child is removed from an adoptive placement after the adoption | is finalized. | DD. "Unregulated placement" means the secondary placement |
| of a child that occurs without the oversight of the courts, the | Department, or a licensed child welfare agency. | EE. "Post-placement and post-adoption support services" | means support services for placed or adopted children and | families that include, but are not limited to, mental health | treatment, including counseling and other support services for | emotional, behavioral, or developmental needs, and treatment | for substance abuse. | FF. "Youth in care" has the meaning provided in Section 4d | of the Children and Family Services Act. | The changes made by this amendatory Act of the 103rd | General Assembly apply to a petition that is filed on or after | January 1, 2025. | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .) | Section 999. Effective date. This Section, Sections 1 | through 35, and Section 110 take effect upon becoming law. | |
INDEX
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Statutes amended in order of appearance
| | New Act | | | 325 ILCS 5/3 | from Ch. 23, par. 2053 | | 325 ILCS 5/3.5 new | | | 325 ILCS 5/4.4 rep. | | | 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 | | 705 ILCS 405/2-18 | from Ch. 37, par. 802-18 | | 750 ILCS 50/1 | from Ch. 40, par. 1501 |
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Effective Date: 8/9/2024
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