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Public Act 92-0432
SB216 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 22, 2001.
Approved August 17, 2001.
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