Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 103-0941


 

Public Act 0941 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0941
 
SB3136 EnrolledLRB103 36587 KTG 66696 b

    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
Statutes amended in order of appearance
    New Act
    325 ILCS 5/3from Ch. 23, par. 2053
    325 ILCS 5/3.5 new
    325 ILCS 5/4.4 rep.
    705 ILCS 405/2-3from Ch. 37, par. 802-3
    705 ILCS 405/2-18from Ch. 37, par. 802-18
    750 ILCS 50/1from Ch. 40, par. 1501

Effective Date: 8/9/2024