State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0408

HB0632 Enrolled                                LRB9203754DJmb

    AN ACT in relation to 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
Abandoned Newborn Infant Protection Act.

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

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

    Section 15. Presumptions.
    (a)  There  is  a  presumption  that  by  relinquishing a
newborn infant in accordance  with  this  Act,  the  infant's
parent  consents  to  the  termination of his or her parental
rights with respect to the infant.
    (b)  There is a presumption that a person relinquishing a
newborn infant in accordance with this Act:
         (1)  is the newborn infant's biological parent; and
         (2)  either without expressing an intent  to  return
    for  the infant or expressing an intent not to return for
    the infant, did intend to relinquish the  infant  to  the
    hospital,  fire station, or emergency medical facility to
    treat, care for, and provide for the infant in accordance
    with this Act.
    (c)  A parent of a relinquished newborn infant may  rebut
the  presumption  set  forth  in  either  subsection  (a)  or
subsection (b) pursuant to Section 55, at any time before the
termination of the parent's parental rights.

    Section  20.  Procedures  with  respect  to  relinquished
newborn infants.
    (a)  Hospitals.  Every  hospital  must accept and provide
all necessary emergency services and care to  a  relinquished
newborn  infant,  in  accordance  with this Act. The hospital
shall examine a relinquished newborn infant and perform tests
that, based on reasonable medical judgment,  are  appropriate
in  evaluating  whether  the  relinquished newborn infant was
abused or neglected.
    The act of  relinquishing  a  newborn  infant  serves  as
implied  consent  for  the hospital and its medical personnel
and physicians on staff to treat and  provide  care  for  the
infant.
    The hospital shall be deemed to have temporary protective
custody  of a relinquished newborn infant until the infant is
discharged to the custody of a child-placing  agency  or  the
Department.
    (b)  Fire  stations  and  emergency  medical  facilities.
Every fire station and emergency medical facility must accept
and  provide  all  necessary emergency services and care to a
relinquished newborn infant, in accordance with this Act.
    The act of  relinquishing  a  newborn  infant  serves  as
implied  consent  for  the  fire station or emergency medical
facility and its emergency medical professionals to treat and
provide care  for  the  infant,  to  the  extent  that  those
emergency  medical professionals are trained to provide those
services.
    After the relinquishment of a newborn infant  to  a  fire
station  or  emergency  medical facility, the fire station or
emergency medical facility's personnel must arrange  for  the
transportation  of the infant to the nearest hospital as soon
as transportation can be arranged.
    If the parent of a newborn infant returns to reclaim  the
child within 72 hours after relinquishing the child to a fire
station  or  emergency  medical facility, the fire station or
emergency medical facility must inform the parent of the name
and  location  of  the  hospital  to  which  the  infant  was
transported.

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

    Section  27.  Immunity  of  facility  and  personnel.   A
hospital, fire station, or emergency  medical  facility,  and
any  personnel  of  a  hospital,  fire  station, or emergency
medical facility, are immune from criminal or civil liability
for acting in good faith in accordance with this Act. Nothing
in this Act limits liability  for  negligence  for  care  and
medical treatment.
    Section  30.  Anonymity of relinquishing person. If there
is no evidence of abuse or neglect of a relinquished  newborn
infant,  the  relinquishing  person  has  the right to remain
anonymous  and  to  leave  the  hospital,  fire  station,  or
emergency medical facility at any time and not be pursued  or
followed.    Before   the  relinquishing  person  leaves  the
hospital, fire station, or emergency  medical  facility,  the
hospital,   fire   station,  or  emergency  medical  facility
personnel shall i) verbally inform the  relinquishing  person
that  by  relinquishing the child anonymously, he or she will
have to petition the court if he or she  desires  to  prevent
the  termination of parental rights and regain custody of the
child and  ii)  shall  offer  the  relinquishing  person  the
information  packet  described  in  Section  35  of this Act.
However, nothing in this Act shall be construed as precluding
the relinquishing person from providing his or  her  identity
or completing the application forms for the Illinois Adoption
Registry and Medical Information Exchange and requesting that
the  hospital,  fire  station,  or emergency medical facility
forward those forms to the  Illinois  Adoption  Registry  and
Medical information Exchange.

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

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

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

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

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

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

    Section 65.  Evaluation.
    (a)  The Department shall collect and analyze information
regarding the relinquishment of newborn infants and placement
of children under this Act.  Fire stations, emergency medical
facilities, and medical professionals accepting and providing
services to a newborn infant under this Act shall  report  to
the  Department data necessary for the Department to evaluate
and determine the effect of this Act in  the   prevention  of
injury  or  death of newborn infants.  Child-placing agencies
shall report to the Department data necessary to evaluate and
determine the effectiveness of these  agencies  in  providing
child  protective  and  child  welfare  services  to  newborn
infants relinquished under this Act.
    (b)  The  information  collected  shall include, but need
not  be  limited  to:   the   number   of   newborn   infants
relinquished;  the  services provided to relinquished newborn
infants; the outcome of care  for  the  relinquished  newborn
infants;  the number and disposition of cases of relinquished
newborn infants subject to placement; the number of  children
accepted  and  served  by  child-placing  agencies;  and  the
services   provided   by   child-placing   agencies  and  the
disposition of the cases of the children  placed  under  this
Act.
    (c)  The  Department  shall submit a report by January 1,
2002, and on January  1  of  each  year  thereafter,  to  the
Governor  and  General  Assembly  regarding the prevention of
injury  or  death  of  newborn  infants  and  the  effect  of
placements of children under  this  Act.   The  report  shall
include,  but  need not be limited to, a summary of collected
data, an analysis of the data and conclusions  regarding  the
Act's  effectiveness, a determination whether the purposes of
the Act are being achieved, and recommendations  for  changes
that   may   be   considered   necessary   to   improve   the
administration and enforcement of this Act.

    Section  70.  Construction  of  Act.  Nothing in this Act
shall be construed to preclude the courts of this State  from
exercising  their discretion to protect the health and safety
of children in  individual  cases.  The  best  interests  and
welfare  of a child shall be a paramount consideration in the
construction and interpretation of this Act.  It  is  in  the
child's  best  interests  that  this  Act  be  construed  and
interpreted  so  as  not  to  result in extending time limits
beyond those set forth in this Act.


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

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

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

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

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

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

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

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

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

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

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

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

    Section  97.   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  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 determined to be  void  or  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,
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)  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.   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 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; (2) first degree murder or second degree  murder
    of  any  child in violation of the Criminal Code of 1961;
    (3) attempt or conspiracy to commit first  degree  murder
    or  second degree murder of any child in violation of the
    Criminal Code of 1961; (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 (5) aggravated criminal sexual assault in violation of
    Section 12-14(b)(1) of the Criminal Code of 1961.
         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 within 10 years of
    the filing date of the petition or  motion  to  terminate
    parental rights.
         (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, or (ii) to make
    reasonable progress toward the return of the child to the
    parent within 9 months after an 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 (iii) to  make  reasonable  progress  toward  the
    return  of  the  child  to  the parent during any 9-month
    period after  the  end  of  the  initial  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  (I)  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 within 9 months after the
    adjudication under Section 2-3 or  2-4  of  the  Juvenile
    Court  Act  of  1987  and  (II)  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 after  the  end
    of  the initial 9-month period following the adjudication
    under Section 2-3 or 2-4 of the  Juvenile  Court  Act  of
    1987.
         (m-1)  Pursuant to the Juvenile Court Act of 1987, a
    child has been in foster care for 15 months out of any 22
    month  period which begins on or after the effective date
    of this amendatory Act of 1998 unless the child's  parent
    can  prove  by a preponderance of the evidence that it is
    more likely  than  not  that  it  will  be  in  the  best
    interests  of  the  child  to  be  returned to the parent
    within 6 months of the  date  on  which  a  petition  for
    termination   of  parental  rights  is  filed  under  the
    Juvenile Court Act of 1987.  The 15 month time  limit  is
    tolled  during  any  period  for  which  there is a court
    finding that the appointed custodian or  guardian  failed
    to  make reasonable efforts to reunify the child with his
    or her family,  provided  that  (i)  the  finding  of  no
    reasonable  efforts  is made within 60 days of the period
    when reasonable efforts were not made or (ii) the  parent
    filed  a  motion  requesting  a  finding of no reasonable
    efforts within 60 days  of  the  period  when  reasonable
    efforts  were not made.  For purposes of this subdivision
    (m-1), the date of entering foster care  is  the  earlier
    of: (i) the date of a judicial finding at an adjudicatory
    hearing  that  the  child  is  an  abused,  neglected, or
    dependent minor; or (ii) 60 days after the date on  which
    the child is removed from his or her parent, guardian, or
    legal custodian.
         (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 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 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)  The  parent  has  been  criminally convicted of
    aggravated battery, heinous battery, or attempted  murder
    of any child.
         (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)  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  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; 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.  "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.
    S.  "Standby  adoption"  means  an  adoption  in  which a
terminally ill 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 terminally ill
parent or the request of the parent for the entry of a  final
judgment of adoption.
    T.  "Terminally  ill  parent"  means  a  person who has a
medical  prognosis  by  a  physician  licensed  to   practice
medicine  in  all  of  its  branches  that  the person has an
incurable and  irreversible  condition  which  will  lead  to
death.
(Source: P.A.  90-13,  eff.  6-13-97;  90-15,  eff.  6-13-97;
90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
eff.  1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;  91-357,
eff.  7-29-99;  91-373,  eff.  1-1-00;  91-572,  eff. 1-1-00;
revised 8-31-99.)

    Section 999. Effective date. This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 23, 2001.
    Approved August 17, 2001.

[ Top ]