Public Act 90-0015 of the 90th General Assembly
Public Act 90-0015
SB345 Enrolled LRB9000198SMcc
AN ACT concerning records relating to minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Records Act is amended by adding
Section 3.5 as follows:
(5 ILCS 160/3.5 new)
Sec. 3.5. Confidentiality of foster placement records.
All records concerning foster placement and foster parent
identifying information shall not be considered records under
this Act. These records shall be released only in accordance
with Section 35.3 of the Children and Family Services Act.
Section 10. The Children and Family Services Act is
amended by changing Section 35.1 and by adding Section 35.3
as follows:
(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
Sec. 35.1. The case and clinical records of patients in
Department supervised facilities, wards of the Department,
children receiving or applying for child welfare services,
persons receiving or applying for other services of the
Department, and Department reports of injury or abuse to
children shall not be open to the general public. Such case
and clinical records and reports or the information contained
therein shall be disclosed by the Director of the Department
only to proper law enforcement officials, individuals
authorized by court, the Illinois General Assembly or any
committee or commission thereof, and to such other persons
and for such reasons as the Director shall designate by rule
or regulation. This Section does not apply to the
Department's fiscal records, other records of a purely
administrative nature, or any forms, documents or other
records required of facilities subject to licensure by the
Department except as may otherwise be provided under the
Child Care Act of 1969.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to juveniles subject to the provisions of the Serious
Habitual Offender Comprehensive Action Program when that
information is used to assist in the early identification and
treatment of habitual juvenile offenders.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to the death of a minor under the care of or receiving
services from the Department and under the jurisdiction of
the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(Source: P.A. 87-928.)
(20 ILCS 505/35.3 new)
Sec. 35.3. Confidentiality of foster parent identifying
information. Because foster parents accept placements into
their residences, it is the policy of the State of Illinois
to protect foster parents' addresses and telephone numbers
from disclosure. The Department shall adopt rules to
effectuate this policy and provide sufficient prior notice of
any authorized disclosure for foster parents to seek an order
of protection under Section 2-25 of the Juvenile Court Act of
1987.
Section 11. The Child Death Review Team Act is amended
by changing Section 30 as follows:
(20 ILCS 515/30)
Sec. 30. Public access to information.
(a) Meetings of child death review teams shall be closed
to the public. Meetings of child death review teams are not
subject to the Open Meetings Act (5 ILCS 120/1 et seq.), as
provided in that Act.
(b) Records and information provided to a child death
review team, and records maintained by a team, are
confidential and not subject to the Freedom of Information
Act (5 ILCS 140/1 et seq.), as provided in that Act.
Nothing contained in this subsection (b) prevents the
sharing or disclosure of records, other than those produced
by a Child Death Review Team, relating or pertaining to the
death of a minor under the care of or receiving services from
the Department of Children and Family Services and under the
jurisdiction of the juvenile court with the juvenile court,
the State's Attorney, and the minor's attorney.
(c) Members of a child death review team are not subject
to examination, in any civil or criminal proceeding,
concerning information presented to members of the team or
opinions formed by members of the team based on that
information. A person may, however, be examined concerning
information provided to a child death review team that is
otherwise available to the public.
(d) Records and information produced by a child death
review team are not subject to discovery or subpoena and are
not admissible as evidence in any civil or criminal
proceeding. Those records and information are, however,
subject to discovery or a subpoena, and are admissible as
evidence, to the extent they are otherwise available to the
public.
(Source: P.A. 88-614, eff. 9-7-94.)
Section 13. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.7, 7.14, 7.15, 7.16, 9, 11,
and 11.1 and by adding Section 4.2 as follows:
(325 ILCS 5/4.2 new)
Sec. 4.2. Departmental report on death of child.
(a) In the case of the death of a child whose care and
custody or custody and guardianship has been transferred to
the Department, or in the case of a child abuse or neglect
report made to the central register involving the death of a
child, the Department shall (i) investigate or provide for an
investigation of the cause of and circumstances surrounding
the death, (ii) review the investigation, and (iii) prepare
and issue a report on the death.
(b) The report shall include (i) the cause of death,
whether from natural or other causes, (ii) identification of
child protective or other services provided or actions taken
regarding the child and his or her family, (iii) any
extraordinary or pertinent information concerning the
circumstances of the child's death, (iv) whether the child or
the child's family had received assistance, care, or services
from the social services district prior to the child's death,
(v) any action or further investigation undertaken by the
Department since the death of the child, and (vi) as
appropriate, recommendations for State administrative or
policy changes.
The report shall contain no information that would
identify the name of the deceased child, his or her siblings,
the parent or other person legally responsible for the child,
or any other members of the child's household, but shall
refer instead to the case, which may be denoted in any
fashion determined appropriate by the Department. In making
a fatality report available to the public pursuant to
subsection (c) of this Section, the Department may respond to
a child specific request for a report if the Department
determines that the disclosure is not contrary to the best
interests of the deceased child's siblings or other children
in the household. Except as it may apply directly to the
cause of the death of the child, nothing in this Section
shall be deemed to authorize the release or disclosure to the
public of the substance or content of any psychological,
psychiatric, therapeutic, clinical, or medical reports,
evaluation, or like materials or information pertaining to
the child or the child's family.
(c) No later than 6 months after the date of the death
of the child, the Department shall complete its report. The
Department shall notify the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the members of the Senate and the House
of Representatives in whose district the child's death
occurred upon the completion of each report and shall submit
an annual cumulative report to the Governor and the General
Assembly incorporating the data in the above reports and
including appropriate findings and recommendations. The
reports concerning the death of a child and the cumulative
reports shall be made available to the public after
completion or submittal.
(d) To enable the Department to prepare the report, the
Department may request and shall timely receive from
departments, boards, bureaus, or other agencies of the State,
or any of its political subdivisions, or any duly authorized
agency, or any other agency which provided assistance, care,
or services to the deceased child any information they are
authorized to provide.
(325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
Sec. 7.7. There shall be a central register of all cases
of suspected child abuse or neglect reported and maintained
by the Department under this Act. Through the recording of
initial, preliminary, and final reports, the central register
shall be operated in such a manner as to enable the
Department to: (1) immediately identify and locate prior
reports of child abuse or neglect; (2) continuously monitor
the current status of all reports of child abuse or neglect
being provided services under this Act; and (3) regularly
evaluate the effectiveness of existing laws and programs
through the development and analysis of statistical and other
information.
The Department shall maintain in the central register a
listing of unfounded reports where the subject of the
unfounded report requests that the record not be expunged
because the subject alleges an intentional false report was
made. Such a request must be made by the subject in writing
to the Department, within 10 days of the investigation.
The Department shall also maintain in the central
register a listing of unfounded reports where the report was
classified as a priority one or priority two report in
accordance with the Department's rules or the report was made
by a person mandated to report suspected abuse or neglect
under this Act.
The Department shall maintain in the central register for
3 years a listing of unfounded reports involving the death of
a child, the sexual abuse of a child, or serious physical
injury to a child as defined by the Department in rules.
(Source: P.A. 88-614, eff. 9-7-94.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. After the
report is classified, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article II of the Juvenile Court
Act of 1987. If the child is the subject of an action under
Article II of the Juvenile Court Act, the Department shall
transmit a copy of the report to the guardian ad litem
appointed for the child under Section 2-17 of the Juvenile
Court Act. All information identifying the subjects of an
unfounded report shall be expunged from the register
forthwith, except as provided in Section 7.7. Unfounded
reports may only be made available to the Child Protective
Service Unit when investigating a subsequent report of
suspected abuse or maltreatment involving a child named in
the unfounded report; and to the subject of the report,
provided that the subject requests the report within 60 days
of being notified that the report was unfounded. The Child
Protective Service Unit shall not indicate the subsequent
report solely based upon the existence of the prior unfounded
report or reports. Notwithstanding any other provision of
law to the contrary, an unfounded report shall not be
admissible in any judicial or administrative proceeding or
action. Identifying information on all other records shall be
removed from the register no later than 5 years after the
report is indicated. However, if another report is received
involving the same child, his sibling or offspring, or a
child in the care of the persons responsible for the child's
welfare, the identifying information may be maintained in the
register until 5 years after the subsequent case or report is
closed.
Notwithstanding any other provision of this Section,
identifying information in indicated reports involving the
sexual abuse of a child, the death of a child, or serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report
is indicated or after the subsequent case or report is
closed, and may not be removed from the register except as
provided by the Department in rules.
(Source: P.A. 86-904; 87-649.)
(325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
Sec. 7.15. The central register may contain such other
information which the Department determines to be in
furtherance of the purposes of this Act. Pursuant to the
provisions of Sections 7.14 and 7.16, the Department may
amend, expunge, or remove from the central register
appropriate records upon good cause shown and upon notice to
the subjects of the report and the Child Protective Service
Unit.
(Source: P.A. 81-1077.)
(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16. Within 60 days after the notification of the
completion of the Child Protective Service Unit
investigation, determined by the date of the notification
sent by the Department, a subject of a report may request the
Department to amend the record, expunge identifying
information from, or remove the record of the report from the
register. Such request shall be in writing and directed to
such person as the Department designates in the notification.
The Department shall disregard any request not made in such
manner. If the Department refuses to do so or does not act
within 30 days, the subject shall have the right to a hearing
within the Department to determine whether the record of the
report should be amended, expunged, or removed on the grounds
that it is inaccurate or it is being maintained in a manner
inconsistent with this Act, except that there shall be no
such right to a hearing on the ground of the report's
inaccuracy if there has been a court finding of child abuse
or neglect, the report's accuracy being conclusively presumed
on such finding. Such hearing shall be held within a
reasonable time after the subject's request and at a
reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. In such
hearings, the burden of proving the accuracy and consistency
of the record shall be on the Department and the appropriate
Child Protective Service Unit. The hearing shall be conducted
by the Director or his designee, who is hereby authorized
and empowered to order the amendment, expunction, or removal
of the record to make it accurate and consistent with this
Act. The decision shall be made, in writing, at the close of
the hearing, or within 30 days thereof, and shall state the
reasons upon which it is based. Decisions of the Department
under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the subject of
the report pursuant to this Section either on administrative
review or after administrative hearing to amend an indicated
report to an unfounded report, the report shall be released
and expunged in accordance with the standards set forth in
Section 7.14 of this Act.
(Source: P.A. 86-904.)
(325 ILCS 5/9) (from Ch. 23, par. 2059)
Sec. 9. Any person, institution or agency, under this
Act, participating in good faith in the making of a report or
referral, or in the investigation of such a report or
referral or in the taking of photographs and x-rays or in the
retaining a child in temporary protective custody or in
making a disclosure of information concerning reports of
child abuse and neglect in compliance with Sections 4.2 and
11.1 of this Act shall have immunity from any liability,
civil, criminal or that otherwise might result by reason of
such actions. For the purpose of any proceedings, civil or
criminal, the good faith of any persons required to report or
refer, or permitted to report, cases of suspected child abuse
or neglect or permitted to refer individuals under this Act
or required to disclose information concerning reports of
child abuse and neglect in compliance with Sections 4.2 and
11.1 of this Act, shall be presumed.
(Source: P.A. 86-1004.)
(325 ILCS 5/11) (from Ch. 23, par. 2061)
Sec. 11. All records concerning reports of child abuse
and neglect or records concerning referrals under this Act
and all records generated as a result of such reports or
referrals, shall be confidential and shall not be disclosed
except as specifically authorized by this Act or other
applicable law. It is a Class A misdemeanor to permit,
assist, or encourage the unauthorized release of any
information contained in such reports, referrals or records.
Nothing contained in this Section prevents the sharing or
disclosure of records relating or pertaining to the death of
a minor under the care of or receiving services from the
Department of Children and Family Services and under the
jurisdiction of the juvenile court with the juvenile court,
the State's Attorney, and the minor's attorney.
(Source: P.A. 86-1004.)
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
(Text of Section before amendment by P.A. 89-507)
Sec. 11.1. Access to records. A person shall have
access to the records described in Section 11 only in
furtherance of purposes directly connected with the
administration of this Act or the Intergovernmental Missing
Child Recovery Act of 1984. Those persons and purposes for
access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when
administering the provisions of the Intergovernmental
Missing Child Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act
to place a child in temporary protective custody when
such person requires the information in the report or
record to determine whether to place the child in
temporary protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child or
a parent, guardian, or other person responsible for the
child's welfare who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an
issue before such court; however, such access shall be
limited to in camera inspection, unless the court
determines that public disclosure of the information
contained therein is necessary for the resolution of an
issue then pending before it.
(8.1) A probation officer or other authorized
representative of a probation or court services
department conducting an investigation ordered by a court
under the Juvenile Court Act of l987.
(9) A grand jury, upon its determination that
access to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are
responsible for child abuse or neglect investigations or
background investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason
to believe that a child has died as the result of abuse
or neglect.
(14) The Director of a State-operated facility when
an employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility
or a facility licensed by the Department of Alcoholism
and Substance Abuse in which children reside when a
current or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect
report, pursuant to Section 4.3 of the Child Care Act of
1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall
not be disclosed, except as specifically authorized by
this Act or other applicable law. It is a Class A
misdemeanor to permit, assist or encourage the
unauthorized release of any information contained in such
reports or records. Nothing contained in this Section
prevents the sharing of reports or records relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and
Family Services and under the jurisdiction of the
juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Rehabilitation Services, as
provided in Section 17 of the Disabled Persons
Rehabilitation Act.
(18) Any other agency or investigative body,
including the Department of Public Health and a local
board of health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities. The access to and release of information
from such records shall be subject to the approval of the
Director of the Department or his designee.
(19) The person appointed, under Section 2-17 of
the Juvenile Court Act, as the guardian ad litem of a
minor who is the subject of a report or records under
this Act.
(20) Nothing contained in this Act prevents the
sharing or disclosure of information or records relating
or pertaining to juveniles subject to the provisions of
the Serious Habitual Offender Comprehensive Action
Program when that information is used to assist in the
early identification and treatment of habitual juvenile
offenders.
(21) To the extent that persons or agencies are
given access to information pursuant to this Section,
those persons or agencies may give this information to
and receive this information from each other in order to
facilitate an investigation conducted by those persons or
agencies.
(Source: P.A. 87-649; 87-928; 87-1184; 88-45.)
(Text of Section after amendment by P.A. 89-507)
Sec. 11.1. Access to records. A person shall have
access to the records described in Section 11 only in
furtherance of purposes directly connected with the
administration of this Act or the Intergovernmental Missing
Child Recovery Act of 1984. Those persons and purposes for
access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when
administering the provisions of the Intergovernmental
Missing Child Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act
to place a child in temporary protective custody when
such person requires the information in the report or
record to determine whether to place the child in
temporary protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child or
a parent, guardian, or other person responsible for the
child's welfare who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an
issue before such court; however, such access shall be
limited to in camera inspection, unless the court
determines that public disclosure of the information
contained therein is necessary for the resolution of an
issue then pending before it.
(8.1) A probation officer or other authorized
representative of a probation or court services
department conducting an investigation ordered by a court
under the Juvenile Court Act of l987.
(9) A grand jury, upon its determination that
access to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are
responsible for child abuse or neglect investigations or
background investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason
to believe that a child has died as the result of abuse
or neglect.
(14) The Director of a State-operated facility when
an employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility
or a facility licensed by the Department of Human
Services (as successor to the Department of Alcoholism
and Substance Abuse) in which children reside when a
current or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect
report, pursuant to Section 4.3 of the Child Care Act of
1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall
not be disclosed, except as specifically authorized by
this Act or other applicable law. It is a Class A
misdemeanor to permit, assist or encourage the
unauthorized release of any information contained in such
reports or records. Nothing contained in this Section
prevents the sharing of reports or records relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and
Family Services and under the jurisdiction of the
juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided
in Section 17 of the Disabled Persons Rehabilitation Act.
(18) Any other agency or investigative body,
including the Department of Public Health and a local
board of health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities. The access to and release of information
from such records shall be subject to the approval of the
Director of the Department or his designee.
(19) The person appointed, under Section 2-17 of
the Juvenile Court Act, as the guardian ad litem of a
minor who is the subject of a report or records under
this Act.
(20) Nothing contained in this Act prevents the
sharing or disclosure of information or records relating
or pertaining to juveniles subject to the provisions of
the Serious Habitual Offender Comprehensive Action
Program when that information is used to assist in the
early identification and treatment of habitual juvenile
offenders.
(21) To the extent that persons or agencies are
given access to information pursuant to this Section,
those persons or agencies may give this information to
and receive this information from each other in order to
facilitate an investigation conducted by those persons or
agencies.
(Source: P.A. 88-45; 89-507, eff. 7-1-97.)
Section 15. The Juvenile Court Act of 1987 is amended by
changing Section 2-25 as follows:
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the
best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the
home;
(e) To cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) To prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor.
(h) To refrain contacting the minor and the foster
parents in any manner that is not specified in writing in
the case plan.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the Sheriff of that county.
The Sheriff shall furnish a copy of the order of protection
to the Department of State Police with 24 hours of receipt,
in the form and manner required by the Department. The
Department of State Police shall maintain a complete record
and index of such orders of protection and make this data
available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the best
interests of the minor and the public will be served thereby.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted pursuant to
this Act if such an order is in the best interests of the
minor. Any person against whom an order of protection is
sought may retain counsel to represent him at a hearing, and
has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition
seeking a protective order and of the date, place and time of
such hearing, and to cross examine witnesses called by the
petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a temporary custody hearing, if the court finds that the
person against whom the protective order is being sought has
been notified of the hearing or that diligent efforts have
been made to notify such person, the court may conduct a
hearing. If a protective order is sought at any time other
than in conjunction with a temporary custody hearing, the
court may not conduct a hearing on the petition in the
absence of the person against whom the order is sought unless
the petitioner has notified such person by personal service
at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, legal
custodian or responsible relative as described in Section 1-5
is not a party or respondent as defined in that Section and
shall not be entitled to the rights provided therein. Such
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
such person does not have a right to inspect the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the
order was obtained was present in court when the order was
issued, the sheriff, other law enforcement official or
special process server shall promptly serve that order upon
that person and file proof of such service, in the manner
provided for service of process in civil proceedings. The
person against whom the protective order was obtained may
seek a modification of the order by filing a written motion
to modify the order within 7 days after actual receipt by the
person of a copy of the order. Any modification of the order
granted by the court must be determined to be consistent with
the best interests of the minor.
(Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
Section 20. The Adoption Act is amended by changing
Sections 1, 8, and 12.1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
(Text of Section before amendment by P.A. 89-704)
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 or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person.
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:
(a) Abandonment of the child.
(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.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
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; a criminal conviction resulting from
the death of any child by physical child abuse; or a
finding of physical child abuse resulting from the death
of any child under Section 4-8 of the Juvenile Court Act
or Section 2-21 of the Juvenile Court Act of 1987.
(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.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of first degree murder in
violation of paragraph 1 or 2 of subsection (a) of
Section 9-1 of the Criminal Code of 1961 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 of a parent of
the child to be adopted shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(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.
(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 to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 12 months after an adjudication of
neglected minor, abused minor or dependent minor under
the Juvenile Court Act or the Juvenile Court Act of 1987.
(n) Evidence of intent to forego 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 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 forego 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 mental retardation 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) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender.
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; or
(d) an adult who meets the conditions set forth in
Section 3 of this 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. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
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.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states 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. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met 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 1961 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.
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 12 of the Criminal Code of
1961.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95.)
(Text of Section after amendment by P.A. 89-704)
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 or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is void pursuant to subsection O of Section 10.
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:
(a) Abandonment of the child.
(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) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
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; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(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.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of first degree murder in
violation of paragraph 1 or 2 of subsection (a) of
Section 9-1 of the Criminal Code of 1961 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 of a parent of
the child to be adopted shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(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.
(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 to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 12 months after an adjudication of
neglected minor, abused minor or dependent minor under
the Juvenile Court Act or the Juvenile Court Act of 1987.
(n) Evidence of intent to forego 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 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 forego 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 mental retardation 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) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
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;
or
(d) an adult who meets the conditions set forth in
Section 3 of this 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. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
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.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states 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. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met 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 1961 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.
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 12 of the Criminal Code of
1961.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes
of adoption.
(a) Except as hereinafter provided in this Section
consents or surrenders shall be required in all cases, unless
the person whose consent or surrender would otherwise be
required shall be found by the court:
(1) to be an unfit person as defined in Section 1
of this Act, by clear and convincing evidence; or
(2) not to be the biological or adoptive father of
the child; or
(3) to have waived his parental rights to the child
under Section 12a or 12.1 of this Act; or
(4) to be the parent of an adult sought to be
adopted; or
(5) to be the father of the child as a result of
criminal sexual abuse or assault as defined under Article
12 of the Criminal Code of 1961.
(b) Where consents are required in the case of an
adoption of a minor child, the consents of the following
persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant to
subsection (a) of Section 5 of the Illinois
Parentage Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's biological
mother, or both, and held himself out to be the
child's biological father during the first 30 days
following the birth of the child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth,
made 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 before the expiration of 30
days following the birth of the child, provided that
the court may consider in its determination all
relevant circumstances, including the financial
condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than 6 months after birth, has
maintained substantial and continuous or repeated
contact with the child as manifested by: (I) the
payment by the father toward the support of the
child of a fair and reasonable sum, according to the
father's means, and either (II) the father's
visiting the child at least monthly when physically
and financially able to do so and not prevented from
doing so by the person or authorized agency having
lawful custody of the child, or (III) the father's
regular communication with the child or with the
person or agency having the care or custody of the
child, when physically and financially unable to
visit the child or prevented from doing so by the
person or authorized agency having lawful custody of
the child. The subjective intent of the father,
whether expressed or otherwise unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a
determination that the father failed to maintain
substantial and continuous or repeated contact with
the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with Putative
Father Registry, as provided in Section 12.1 of this
Act, and prior to the expiration of 30 days from the
date of such registration, commenced legal
proceedings to establish paternity under the
Illinois Parentage Act of 1984 or under the law of
the jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child,
if there is no surviving parent; or
(3) An agency, if the child has been surrendered
for adoption to such agency; or
(4) Any person or agency having legal custody of a
child by court order if the parental rights of the
parents have been judicially terminated, and the court
having jurisdiction of the guardianship of the child has
authorized the consent to the adoption; or
(5) The execution and verification of the petition
by any petitioner who is also a parent of the child
sought to be adopted shall be sufficient evidence of such
parent's consent to the adoption.
(c) Where surrenders to an agency are required in the
case of a placement for adoption of a minor child by an
agency, the surrenders of the following persons shall be
sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father;
(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant to
subsection (a) of Section 5 of the Illinois
Parentage Act of 1984; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's biological
mother, or both, and held himself out to be the
child's biological father during the first 30 days
following the birth of a child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth,
made 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 before the expiration of 30
days following the birth of the child, provided that
the court may consider in its determination all
relevant circumstances, including the financial
condition of both biological parents; or
(v) in the case of a child placed with the
adopting parents more than six months after birth,
has maintained substantial and continuous or
repeated contact with the child as manifested by:
(I) the payment by the father toward the support of
the child of a fair and reasonable sum, according to
the father's means, and either (II) the father's
visiting the child at least monthly when physically
and financially able to do so and not prevented from
doing so by the person or authorized agency having
lawful custody of the child or (III) the father's
regular communication with the child or with the
person or agency having the care or custody of the
child, when physically and financially unable to
visit the child or prevented from doing so by the
person or authorized agency having lawful custody of
the child. The subjective intent of the father,
whether expressed or otherwise, unsupported by
evidence of acts specified in this sub-paragraph as
manifesting such intent, shall not preclude a
determination that the father failed to maintain
substantial and continuous or repeated contact with
the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with the Putative
Father Registry, as provided in Section 12.1 of this
Act, and prior to the expiration of 30 days from the
date of such registration, commenced legal
proceedings to establish paternity under the
Illinois Parentage Act of 1984, or under the law of
the jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)
(1) and (c) (1), no showing shall be required of diligent
efforts by a person or agency to encourage the father to
perform the acts specified therein.
(e) In the case of the adoption of an adult, only the
consent of such adult shall be required.
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
89-641, eff. 8-9-96.)
(750 ILCS 50/12.1)
Sec. 12.1. Putative Father Registry. The Department of
Children and Family Services shall establish a Putative
Father Registry for the purpose of determining the identity
and location of a putative father of a minor child who is, or
is expected to be, the subject of an adoption proceeding, in
order to provide notice of such proceeding to the putative
father. The Department of Children and Family Services shall
establish rules and informational material necessary to
implement the provisions of this Section. The Department
shall have the authority to set reasonable fees for the use
of the Registry.
(a) The Department shall maintain the following
information in the Registry:
(1) With respect to the putative father:
(i) Name, including any other names by which
the putative father may be known and that he may
provide to the Registry;
(ii) Address at which he may be served with
notice of a petition under this Act, including any
change of address;
(iii) Social Security Number;
(iv) Date of birth; and
(v) If applicable, a certified copy of an
order by a court of this State or of another state
or territory of the United States adjudicating the
putative father to be the father of the child.
(2) With respect to the mother of the child:
(i) Name, including all other names known to
the putative father by which the mother may be
known;
(ii) If known to the putative father, her last
address;
(iii) Social Security Number; and
(iv) Date of birth.
(3) If known to the putative father, the name,
gender, place of birth, and date of birth or anticipated
date of birth of the child.
(4) The date that the Department received the
putative father's registration.
(5) Other information as the Department may by rule
determine necessary for the orderly administration of the
Registry.
(b) A putative father may register with the Department
before the birth of the child but shall register no later
than 30 days after the birth of the child. All registrations
shall be in writing and signed by the putative father. No
fee shall be charged for the initial registration. The
Department shall have no independent obligation to gather the
information to be maintained.
(c) An interested party, including persons intending to
adopt a child, a child welfare agency with whom the mother
has placed or has given written notice of her intention to
place a child for adoption, the mother of the child, or an
attorney representing an interested party may request that
the Department search the Registry to determine whether a
putative father is registered in relation to a child who is
or may be the subject to an adoption petition.
(d) A search of the Registry may be proven by the
production of a certified copy of the registration form, or
by the certified statement of the administrator of the
Registry that after a search, no registration of a putative
father in relation to a child who is or may be the subject of
an adoption petition could be located.
(e) Except as otherwise provided, information contained
within the Registry is confidential and shall not be
published or open to public inspection.
(f) A person who knowingly or intentionally registers
false information under this Section commits a Class B
misdemeanor. A person who knowingly or intentionally releases
confidential information in violation of this Section commits
a Class B misdemeanor.
(g) Except as provided in subsections (b) or (c) of
Section 8 of this Act, a putative father who fails to
register with the Putative Father Registry as provided in
this Section is barred from thereafter bringing or
maintaining any action to assert any interest in the child,
unless he proves by clear and convincing evidence that:
(1) it was not possible for him to register within
the period of time specified in subsection (b) of this
Section; and
(2) his failure to register was through no fault of
his own; and
(3) he registered within 10 days after it became
possible for him to file.
A lack of knowledge of the pregnancy or birth is not an
acceptable reason for failure to register.
(h) Except as provided in subsection (b) or (c) of
Section 8 of this Act, failure to timely register with the
Putative Father Registry (i) shall be deemed to be a waiver
and surrender of any right to notice of any hearing in any
judicial proceeding for the adoption of the child, and the
consent or surrender of that person to the adoption of the
child is not required, and (ii) shall constitute an
abandonment of the child and shall be prima facie evidence of
sufficient grounds to support termination of such father's
parental rights under this Act.
(i) In any adoption proceeding pertaining to a child
born out of wedlock, if there is no showing that a putative
father has executed a consent or surrender or waived his
rights regarding the proposed adoption, certification as
specified in subsection (d) shall be filed with the court
prior to entry of a final judgment order of adoption.
(j) The Registry shall not be used to notify a putative
father who is the father of a child as a result of criminal
sexual abuse or assault as defined under Article 12 of the
Criminal Code of 1961.
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.