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92_SB0216enr SB216 Enrolled LRB9203754DJmb 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Abandoned Newborn Infant Protection Act. 6 Section 5. Public policy. Illinois recognizes that 7 newborn infants have been abandoned to the environment or to 8 other circumstances that may be unsafe to the newborn infant. 9 These circumstances have caused injury and death to newborn 10 infants and give rise to potential civil or criminal 11 liability to parents who may be under severe emotional 12 distress. This Act is intended to provide a mechanism for a 13 newborn infant to be relinquished to a safe environment and 14 for the parents of the infant to remain anonymous if they 15 choose and to avoid civil or criminal liability for the act 16 of relinquishing the infant. It is recognized that 17 establishing an adoption plan is preferable to relinquishing 18 a child using the procedures outlined in this Act, but to 19 reduce the chance of injury to a newborn infant, this Act 20 provides a safer alternative. 21 A public information campaign on this delicate issue 22 shall be implemented to encourage parents considering 23 abandonment of their newborn child to relinquish the child 24 under the procedures outlined in this Act, to choose a 25 traditional adoption plan, or to parent a child themselves 26 rather than place the newborn infant in harm's way. 27 Section 10. Definitions. In this Act: 28 "Abandon" has the same meaning as in the Abused and 29 Neglected Child Reporting Act. 30 "Abused child" has the same meaning as in the Abused and SB216 Enrolled -2- LRB9203754DJmb 1 Neglected Child Reporting Act. 2 "Child-placing agency" means a licensed public or private 3 agency that receives a child for the purpose of placing or 4 arranging for the placement of the child in a foster family 5 home or other facility for child care, apart from the custody 6 of the child's parents. 7 "Department" or "DCFS" means the Illinois Department of 8 Children and Family Services. 9 "Emergency medical facility" means a freestanding 10 emergency center or trauma center, as defined in the 11 Emergency Medical Services (EMS) Systems Act. 12 "Emergency medical professional" includes licensed 13 physicians, and any emergency medical technician-basic, 14 emergency medical technician-intermediate, emergency medical 15 technician-paramedic, trauma nurse specialist, and 16 pre-hospital RN, as defined in the Emergency Medical Services 17 (EMS) Systems Act. 18 "Fire station" means a fire station within the State that 19 is staffed with at least one full-time emergency medical 20 professional. 21 "Hospital" has the same meaning as in the Hospital 22 Licensing Act. 23 "Legal custody" means the relationship created by a court 24 order in the best interest of a newborn infant that imposes 25 on the infant's custodian the responsibility of physical 26 possession of the infant, the duty to protect, train, and 27 discipline the infant, and the duty to provide the infant 28 with food, shelter, education, and medical care, except as 29 these are limited by parental rights and responsibilities. 30 "Neglected child" has the same meaning as in the Abused 31 and Neglected Child Reporting Act. 32 "Newborn infant" means a child who a licensed physician 33 reasonably believes is 72 hours old or less at the time the 34 child is initially relinquished to a hospital, fire station, SB216 Enrolled -3- LRB9203754DJmb 1 or emergency medical facility, and who is not an abused or a 2 neglected child. 3 "Relinquish" means to bring a newborn infant, who a 4 licensed physician reasonably believes is 72 hours old or 5 less, to a hospital, fire station, or emergency medical 6 facility and to leave the infant with personnel of the 7 facility, if the person leaving the infant does not express 8 an intent to return for the infant or states that he or she 9 will not return for the infant. In the case of a mother who 10 gives birth to an infant in a hospital, the mother's act of 11 leaving that newborn infant at the hospital (i) without 12 expressing an intent to return for the infant or (ii) stating 13 that she will not return for the infant is not a 14 "relinquishment" under this Act. 15 "Temporary protective custody" means the temporary 16 placement of a newborn infant within a hospital or other 17 medical facility out of the custody of the infant's parent. 18 Section 15. Presumptions. 19 (a) There is a presumption that by relinquishing a 20 newborn infant in accordance with this Act, the infant's 21 parent consents to the termination of his or her parental 22 rights with respect to the infant. 23 (b) There is a presumption that a person relinquishing a 24 newborn infant in accordance with this Act: 25 (1) is the newborn infant's biological parent; and 26 (2) either without expressing an intent to return 27 for the infant or expressing an intent not to return for 28 the infant, did intend to relinquish the infant to the 29 hospital, fire station, or emergency medical facility to 30 treat, care for, and provide for the infant in accordance 31 with this Act. 32 (c) A parent of a relinquished newborn infant may rebut 33 the presumption set forth in either subsection (a) or SB216 Enrolled -4- LRB9203754DJmb 1 subsection (b) pursuant to Section 55, at any time before the 2 termination of the parent's parental rights. 3 Section 20. Procedures with respect to relinquished 4 newborn infants. 5 (a) Hospitals. Every hospital must accept and provide 6 all necessary emergency services and care to a relinquished 7 newborn infant, in accordance with this Act. The hospital 8 shall examine a relinquished newborn infant and perform tests 9 that, based on reasonable medical judgment, are appropriate 10 in evaluating whether the relinquished newborn infant was 11 abused or neglected. 12 The act of relinquishing a newborn infant serves as 13 implied consent for the hospital and its medical personnel 14 and physicians on staff to treat and provide care for the 15 infant. 16 The hospital shall be deemed to have temporary protective 17 custody of a relinquished newborn infant until the infant is 18 discharged to the custody of a child-placing agency or the 19 Department. 20 (b) Fire stations and emergency medical facilities. 21 Every fire station and emergency medical facility must accept 22 and provide all necessary emergency services and care to a 23 relinquished newborn infant, in accordance with this Act. 24 The act of relinquishing a newborn infant serves as 25 implied consent for the fire station or emergency medical 26 facility and its emergency medical professionals to treat and 27 provide care for the infant, to the extent that those 28 emergency medical professionals are trained to provide those 29 services. 30 After the relinquishment of a newborn infant to a fire 31 station or emergency medical facility, the fire station or 32 emergency medical facility's personnel must arrange for the 33 transportation of the infant to the nearest hospital as soon SB216 Enrolled -5- LRB9203754DJmb 1 as transportation can be arranged. 2 If the parent of a newborn infant returns to reclaim the 3 child within 72 hours after relinquishing the child to a fire 4 station or emergency medical facility, the fire station or 5 emergency medical facility must inform the parent of the name 6 and location of the hospital to which the infant was 7 transported. 8 Section 25. Immunity for relinquishing person. 9 (a) The act of relinquishing a newborn infant to a 10 hospital, fire station, or emergency medical facility in 11 accordance with this Act does not, by itself, constitute a 12 basis for a finding of abuse, neglect, or abandonment of the 13 infant pursuant to the laws of this State nor does it, by 14 itself, constitute a violation of Section 12-21.5 or 12-21.6 15 of the Criminal Code of 1961. 16 (b) If there is suspected child abuse or neglect that is 17 not based solely on the newborn infant's relinquishment to a 18 hospital, fire station, or emergency medical facility, the 19 personnel of the hospital, fire station, or emergency medical 20 facility who are mandated reporters under the Abused and 21 Neglected Child Reporting Act must report the abuse or 22 neglect pursuant to that Act. 23 (c) Neither a child protective investigation nor a 24 criminal investigation may be initiated solely because a 25 newborn infant is relinquished pursuant to this Act. 26 Section 27. Immunity of facility and personnel. A 27 hospital, fire station, or emergency medical facility, and 28 any personnel of a hospital, fire station, or emergency 29 medical facility, are immune from criminal or civil liability 30 for acting in good faith in accordance with this Act. Nothing 31 in this Act limits liability for negligence for care and 32 medical treatment. SB216 Enrolled -6- LRB9203754DJmb 1 Section 30. Anonymity of relinquishing person. If there 2 is no evidence of abuse or neglect of a relinquished newborn 3 infant, the relinquishing person has the right to remain 4 anonymous and to leave the hospital, fire station, or 5 emergency medical facility at any time and not be pursued or 6 followed. Before the relinquishing person leaves the 7 hospital, fire station, or emergency medical facility, the 8 hospital, fire station, or emergency medical facility 9 personnel shall i) verbally inform the relinquishing person 10 that by relinquishing the child anonymously, he or she will 11 have to petition the court if he or she desires to prevent 12 the termination of parental rights and regain custody of the 13 child and ii) shall offer the relinquishing person the 14 information packet described in Section 35 of this Act. 15 However, nothing in this Act shall be construed as precluding 16 the relinquishing person from providing his or her identity 17 or completing the application forms for the Illinois Adoption 18 Registry and Medical Information Exchange and requesting that 19 the hospital, fire station, or emergency medical facility 20 forward those forms to the Illinois Adoption Registry and 21 Medical information Exchange. 22 Section 35. Information for relinquishing person. A 23 hospital, fire station, or emergency medical facility that 24 receives a newborn infant relinquished in accordance with 25 this Act must offer an information packet to the 26 relinquishing person and, if possible, must clearly inform 27 the relinquishing person that his or her acceptance of the 28 information is completely voluntary, that registration with 29 the Illinois Adoption Registry and Medical Information 30 Exchange is voluntary, that the person will remain anonymous 31 if he or she completes a Denial of Information Exchange, and 32 that the person has the option to provide medical information 33 only and still remain anonymous. The information packet must SB216 Enrolled -7- LRB9203754DJmb 1 include all of the following: 2 (1) All Illinois Adoption Registry and Medical 3 Information Exchange application forms, including the 4 Medical Information Exchange Questionnaire and the web 5 site address and toll-free phone number of the Registry. 6 (2) Written notice of the following: 7 (A) No sooner than 60 days following the date 8 of the initial relinquishment of the infant to a 9 hospital, fire station, or emergency medical 10 facility, the child-placing agency or the Department 11 will commence proceedings for the termination of 12 parental rights and placement of the infant for 13 adoption. 14 (B) Failure of a parent of the infant to 15 contact the Department and petition for the return 16 of custody of the infant before termination of 17 parental rights bars any future action asserting 18 legal rights with respect to the infant. 19 (3) A resource list of providers of counseling 20 services including grief counseling, pregnancy 21 counseling, and counseling regarding adoption and other 22 available options for placement of the infant. 23 Upon request, the Department of Public Health shall 24 provide the application forms for the Illinois Adoption 25 Registry and Medical Information Exchange to hospitals, fire 26 stations, and emergency medical facilities. 27 Section 40. Reporting requirements. 28 (a) Within 12 hours after accepting a newborn infant 29 from a relinquishing person or from a fire station or 30 emergency medical facility in accordance with this Act, a 31 hospital must report to the Department's State Central 32 Registry for the purpose of transferring physical custody of 33 the infant from the hospital to either a child-placing agency SB216 Enrolled -8- LRB9203754DJmb 1 or the Department. 2 (b) Within 24 hours after receiving a report under 3 subsection (a), the Department must request assistance from 4 law enforcement officials to investigate the matter using the 5 National Crime Information Center to ensure that the 6 relinquished newborn infant is not a missing child. 7 (c) Once a hospital has made a report to the Department 8 under subsection (a), the Department must arrange for a 9 licensed child-placing agency to accept physical custody of 10 the relinquished newborn infant. 11 (d) If a relinquished child is not a newborn infant as 12 defined in this Act, the hospital and the Department must 13 proceed as if the child is an abused or neglected child. 14 Section 45. Medical assistance. Notwithstanding any 15 other provision of law, a newborn infant relinquished in 16 accordance with this Act shall be deemed eligible for medical 17 assistance under the Illinois Public Aid Code, and a hospital 18 providing medical services to such an infant shall be 19 reimbursed for those services in accordance with the payment 20 methodologies authorized under that Code. In addition, for 21 any day that a hospital has custody of a newborn infant 22 relinquished in accordance with this Act and the infant does 23 not require medically necessary care, the hospital shall be 24 reimbursed by the Illinois Department of Public Aid at the 25 general acute care per diem rate, in accordance with 89 Ill. 26 Adm. Code 148.270(c). 27 Section 50. Child-placing agency procedures. 28 (a) The Department's State Central Registry must 29 maintain a list of licensed child-placing agencies willing to 30 take legal custody of newborn infants relinquished in 31 accordance with this Act. The child-placing agencies on the 32 list must be contacted by the Department on a rotating basis SB216 Enrolled -9- LRB9203754DJmb 1 upon notice from a hospital that a newborn infant has been 2 relinquished in accordance with this Act. 3 (b) Upon notice from the Department that a newborn 4 infant has been relinquished in accordance with this Act, a 5 child-placing agency must accept the newborn infant if the 6 agency has the accommodations to do so. The child-placing 7 agency must seek an order for legal custody of the infant 8 upon its acceptance of the infant. 9 (c) Within 3 business days after assuming physical 10 custody of the infant, the child-placing agency shall file a 11 petition in the division of the circuit court in which 12 petitions for adoption would normally be heard. The petition 13 shall allege that the newborn infant has been relinquished in 14 accordance with this Act and shall state that the 15 child-placing agency intends to place the infant in an 16 adoptive home. 17 (d) If no licensed child-placing agency is able to 18 accept the relinquished newborn infant, then the Department 19 must assume responsibility for the infant as soon as 20 practicable. 21 (e) A custody order issued under subsection (b) shall 22 remain in effect until a final adoption order based on the 23 relinquished newborn infant's best interests is issued in 24 accordance with this Act and the Adoption Act. 25 (f) When possible, the child-placing agency must place a 26 relinquished newborn infant in a prospective adoptive home. 27 (g) The Department or child-placing agency must initiate 28 proceedings to (i) terminate the parental rights of the 29 relinquished newborn infant's known or unknown parents, (ii) 30 appoint a guardian for the infant, and (iii) obtain consent 31 to the infant's adoption in accordance with this Act no 32 sooner than 60 days following the date of the initial 33 relinquishment of the infant to the hospital, fire station, 34 or emergency medical facility. SB216 Enrolled -10- LRB9203754DJmb 1 (h) Before filing a petition for termination of parental 2 rights, the Department or child-placing agency must do the 3 following: 4 (1) Search its Putative Father Registry for the 5 purpose of determining the identity and location of the 6 putative father of the relinquished newborn infant who 7 is, or is expected to be, the subject of an adoption 8 proceeding, in order to provide notice of the proceeding 9 to the putative father. At least one search of the 10 Registry must be conducted, at least 30 days after the 11 relinquished newborn infant's estimated date of birth; 12 earlier searches may be conducted, however. Notice to any 13 potential putative father discovered in a search of the 14 Registry according to the estimated age of the 15 relinquished newborn infant must be in accordance with 16 Section 12a of the Adoption Act. 17 (2) Verify with law enforcement officials, using 18 the National Crime Information Center, that the 19 relinquished newborn infant is not a missing child. 20 Section 55. Petition for return of custody. 21 (a) A parent of a newborn infant relinquished in 22 accordance with this Act may petition for the return of 23 custody of the infant before the termination of parental 24 rights with respect to the infant. 25 (b) A parent of a newborn infant relinquished in 26 accordance with this Act may petition for the return of 27 custody of the infant by contacting the Department for the 28 purpose of obtaining the name of the child-placing agency and 29 then filing a petition for return of custody in the circuit 30 court in which the proceeding for the termination of parental 31 rights is pending. 32 (c) If a petition for the termination of parental rights 33 has not been filed by the Department or the child-placing SB216 Enrolled -11- LRB9203754DJmb 1 agency, the parent of the relinquished newborn infant must 2 contact the Department, which must notify the parent of the 3 appropriate court in which the petition for return of custody 4 must be filed. 5 (d) The circuit court may hold the proceeding for the 6 termination of parental rights in abeyance for a period not 7 to exceed 60 days from the date that the petition for return 8 of custody was filed without a showing of good cause. During 9 that period: 10 (1) The court shall order genetic testing to 11 establish maternity or paternity, or both. 12 (2) The Department shall conduct a child protective 13 investigation and home study to develop recommendations 14 to the court. 15 (3) When indicated as a result of the Department's 16 investigation and home study, further proceedings under 17 the Juvenile Court Act of 1987 as the court determines 18 appropriate, may be conducted. However, relinquishment 19 of a newborn infant in accordance with this Act does not 20 render the infant abused, neglected, or abandoned solely 21 because the newborn infant was relinquished to a 22 hospital, fire station, or emergency medical facility in 23 accordance with this Act. 24 (e) Failure to file a petition for the return of custody 25 of a relinquished newborn infant before the termination of 26 parental rights bars any future action asserting legal rights 27 with respect to the infant unless the parent's act of 28 relinquishment that led to the termination of parental rights 29 involved fraud perpetrated against and not stemming from or 30 involving the parent. No action to void or revoke the 31 termination of parental rights of a parent of a newborn 32 infant relinquished in accordance with this Act, including an 33 action based on fraud, may be commenced after 12 months after 34 the date that the newborn infant was initially relinquished SB216 Enrolled -12- LRB9203754DJmb 1 to a hospital, fire station, or emergency medical facility. 2 Section 60. Department's duties. The Department must 3 implement a public information program to promote safe 4 placement alternatives for newborn infants. The public 5 information program must inform the public of the following: 6 (1) The relinquishment alternative provided for in 7 this Act, which results in the adoption of a newborn 8 infant under 72 hours of age and which provides for the 9 parent's anonymity, if the parent so chooses. 10 (2) The alternative of adoption through a public or 11 private agency, in which the parent's identity may or may 12 not be known to the agency, but is kept anonymous from 13 the adoptive parents, if the birth parent so desires, and 14 which allows the parent to be actively involved in the 15 child's adoption plan. 16 The public information program may include, but need not 17 be limited to, the following elements: 18 (i) Educational and informational materials in 19 print, audio, video, electronic or other media. 20 (ii) Establishment of a web site. 21 (iii) Public service announcements and 22 advertisements. 23 (iv) Establishment of toll-free telephone hotlines 24 to provide information. 25 Section 65. Evaluation. 26 (a) The Department shall collect and analyze information 27 regarding the relinquishment of newborn infants and placement 28 of children under this Act. Fire stations, emergency medical 29 facilities, and medical professionals accepting and providing 30 services to a newborn infant under this Act shall report to 31 the Department data necessary for the Department to evaluate 32 and determine the effect of this Act in the prevention of SB216 Enrolled -13- LRB9203754DJmb 1 injury or death of newborn infants. Child-placing agencies 2 shall report to the Department data necessary to evaluate and 3 determine the effectiveness of these agencies in providing 4 child protective and child welfare services to newborn 5 infants relinquished under this Act. 6 (b) The information collected shall include, but need 7 not be limited to: the number of newborn infants 8 relinquished; the services provided to relinquished newborn 9 infants; the outcome of care for the relinquished newborn 10 infants; the number and disposition of cases of relinquished 11 newborn infants subject to placement; the number of children 12 accepted and served by child-placing agencies; and the 13 services provided by child-placing agencies and the 14 disposition of the cases of the children placed under this 15 Act. 16 (c) The Department shall submit a report by January 1, 17 2002, and on January 1 of each year thereafter, to the 18 Governor and General Assembly regarding the prevention of 19 injury or death of newborn infants and the effect of 20 placements of children under this Act. The report shall 21 include, but need not be limited to, a summary of collected 22 data, an analysis of the data and conclusions regarding the 23 Act's effectiveness, a determination whether the purposes of 24 the Act are being achieved, and recommendations for changes 25 that may be considered necessary to improve the 26 administration and enforcement of this Act. 27 Section 70. Construction of Act. Nothing in this Act 28 shall be construed to preclude the courts of this State from 29 exercising their discretion to protect the health and safety 30 of children in individual cases. The best interests and 31 welfare of a child shall be a paramount consideration in the 32 construction and interpretation of this Act. It is in the 33 child's best interests that this Act be construed and SB216 Enrolled -14- LRB9203754DJmb 1 interpreted so as not to result in extending time limits 2 beyond those set forth in this Act. 3 Section 75. Repeal. This Act is repealed on July 1, 2007. 4 Section 90. The Illinois Public Aid Code is amended by 5 changing Section 4-1.2 as follows: 6 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) 7 Sec. 4-1.2. Living Arrangements - Parents - Relatives - 8 Foster Care. 9 (a) The child or children must (1) be living with his or 10 their father, mother, grandfather, grandmother, brother, 11 sister, stepfather, stepmother, stepbrother, stepsister, 12 uncle or aunt, or other relative approved by the Illinois 13 Department, in a place of residence maintained by one or more 14 of such relatives as his or their own home, or (2) have been 15 (a) removed from the home of the parents or other relatives 16 by judicial order under the Juvenile Court Act or the 17 Juvenile Court Act of 1987, as amended, (b) placed under the 18 guardianship of the Department of Children and Family 19 Services, and (c) under such guardianship, placed in a foster 20 family home, group home or child care institution licensed 21 pursuant to the "Child Care Act of 1969", approved May 15, 22 1969, as amended, or approved by that Department as meeting 23 standards established for licensing under that Act, or (3) 24 have been relinquished in accordance with the Abandoned 25 Newborn Infant Protection Act. A child so placed in foster 26 care who was not receiving aid under this Article in or for 27 the month in which the court proceedings leading to that 28 placement were initiated may qualify only if he lived in the 29 home of his parents or other relatives at the time the 30 proceedings were initiated, or within 6 months prior to the SB216 Enrolled -15- LRB9203754DJmb 1 month of initiation, and would have received aid in and for 2 that month if application had been made therefor. 3 (b) The Illinois Department may, by rule, establish 4 those persons who are living together who must be included in 5 the same assistance unit in order to receive cash assistance 6 under this Article and the income and assets of those persons 7 in an assistance unit which must be considered in determining 8 eligibility. 9 (c) The conditions of qualification herein specified 10 shall not prejudice aid granted under this Code for foster 11 care prior to the effective date of this 1969 Amendatory Act. 12 (Source: P.A. 90-17, eff. 7-1-97.) 13 Section 92. The Abused and Neglected Child Reporting Act 14 is amended by changing Section 3 as follows: 15 (325 ILCS 5/3) (from Ch. 23, par. 2053) 16 Sec. 3. As used in this Act unless the context otherwise 17 requires: 18 "Child" means any person under the age of 18 years, 19 unless legally emancipated by reason of marriage or entry 20 into a branch of the United States armed services. 21 "Department" means Department of Children and Family 22 Services. 23 "Local law enforcement agency" means the police of a 24 city, town, village or other incorporated area or the sheriff 25 of an unincorporated area or any sworn officer of the 26 Illinois Department of State Police. 27 "Abused child" means a child whose parent or immediate 28 family member, or any person responsible for the child's 29 welfare, or any individual residing in the same home as the 30 child, or a paramour of the child's parent: 31 a. inflicts, causes to be inflicted, or allows to 32 be inflicted upon such child physical injury, by other SB216 Enrolled -16- LRB9203754DJmb 1 than accidental means, which causes death, disfigurement, 2 impairment of physical or emotional health, or loss or 3 impairment of any bodily function; 4 b. creates a substantial risk of physical injury to 5 such child by other than accidental means which would be 6 likely to cause death, disfigurement, impairment of 7 physical or emotional health, or loss or impairment of 8 any bodily function; 9 c. commits or allows to be committed any sex 10 offense against such child, as such sex offenses are 11 defined in the Criminal Code of 1961, as amended, and 12 extending those definitions of sex offenses to include 13 children under 18 years of age; 14 d. commits or allows to be committed an act or acts 15 of torture upon such child; 16 e. inflicts excessive corporal punishment; 17 f. commits or allows to be committed the offense of 18 female genital mutilation, as defined in Section 12-34 of 19 the Criminal Code of 1961, against the child; or 20 g. causes to be sold, transferred, distributed, or 21 given to such child under 18 years of age, a controlled 22 substance as defined in Section 102 of the Illinois 23 Controlled Substances Act in violation of Article IV of 24 the Illinois Controlled Substances Act, except for 25 controlled substances that are prescribed in accordance 26 with Article III of the Illinois Controlled Substances 27 Act and are dispensed to such child in a manner that 28 substantially complies with the prescription. 29 A child shall not be considered abused for the sole 30 reason that the child has been relinquished in accordance 31 with the Abandoned Newborn Infant Protection Act. 32 "Neglected child" means any child who is not receiving 33 the proper or necessary nourishment or medically indicated 34 treatment including food or care not provided solely on the SB216 Enrolled -17- LRB9203754DJmb 1 basis of the present or anticipated mental or physical 2 impairment as determined by a physician acting alone or in 3 consultation with other physicians or otherwise is not 4 receiving the proper or necessary support or medical or other 5 remedial care recognized under State law as necessary for a 6 child's well-being, or other care necessary for his or her 7 well-being, including adequate food, clothing and shelter; or 8 who is abandoned by his or her parents or other person 9 responsible for the child's welfare without a proper plan of 10 care; or who is a newborn infant whose blood, urine, or 11 meconium contains any amount of a controlled substance as 12 defined in subsection (f) of Section 102 of the Illinois 13 Controlled Substances Act or a metabolite thereof, with the 14 exception of a controlled substance or metabolite thereof 15 whose presence in the newborn infant is the result of medical 16 treatment administered to the mother or the newborn infant. A 17 child shall not be considered neglected for the sole reason 18 that the child's parent or other person responsible for his 19 or her welfare has left the child in the care of an adult 20 relative for any period of time. A child shall not be 21 considered neglected for the sole reason that the child has 22 been relinquished in accordance with the Abandoned Newborn 23 Infant Protection Act. A child shall not be considered 24 neglected or abused for the sole reason that such child's 25 parent or other person responsible for his or her welfare 26 depends upon spiritual means through prayer alone for the 27 treatment or cure of disease or remedial care as provided 28 under Section 4 of this Act. A child shall not be considered 29 neglected or abused solely because the child is not attending 30 school in accordance with the requirements of Article 26 of 31 The School Code, as amended. 32 "Child Protective Service Unit" means certain specialized 33 State employees of the Department assigned by the Director to 34 perform the duties and responsibilities as provided under SB216 Enrolled -18- LRB9203754DJmb 1 Section 7.2 of this Act. 2 "Person responsible for the child's welfare" means the 3 child's parent; guardian; foster parent; relative caregiver; 4 any person responsible for the child's welfare in a public or 5 private residential agency or institution; any person 6 responsible for the child's welfare within a public or 7 private profit or not for profit child care facility; or any 8 other person responsible for the child's welfare at the time 9 of the alleged abuse or neglect, or any person who came to 10 know the child through an official capacity or position of 11 trust, including but not limited to health care 12 professionals, educational personnel, recreational 13 supervisors, and volunteers or support personnel in any 14 setting where children may be subject to abuse or neglect. 15 "Temporary protective custody" means custody within a 16 hospital or other medical facility or a place previously 17 designated for such custody by the Department, subject to 18 review by the Court, including a licensed foster home, group 19 home, or other institution; but such place shall not be a 20 jail or other place for the detention of criminal or juvenile 21 offenders. 22 "An unfounded report" means any report made under this 23 Act for which it is determined after an investigation that no 24 credible evidence of abuse or neglect exists. 25 "An indicated report" means a report made under this Act 26 if an investigation determines that credible evidence of the 27 alleged abuse or neglect exists. 28 "An undetermined report" means any report made under this 29 Act in which it was not possible to initiate or complete an 30 investigation on the basis of information provided to the 31 Department. 32 "Subject of report" means any child reported to the 33 central register of child abuse and neglect established under 34 Section 7.7 of this Act and his or her parent, guardian or SB216 Enrolled -19- LRB9203754DJmb 1 other person responsible who is also named in the report. 2 "Perpetrator" means a person who, as a result of 3 investigation, has been determined by the Department to have 4 caused child abuse or neglect. 5 (Source: P.A. 90-239, eff. 7-28-97; 90-684, eff. 7-31-98; 6 91-802, eff. 1-1-01.) 7 Section 95. The Juvenile Court Act of 1987 is amended by 8 changing Section 2-3 as follows: 9 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) 10 Sec. 2-3. Neglected or abused minor. 11 (1) Those who are neglected include: 12 (a) any minor under 18 years of age who is not 13 receiving the proper or necessary support, education as 14 required by law, or medical or other remedial care 15 recognized under State law as necessary for a minor's 16 well-being, or other care necessary for his or her 17 well-being, including adequate food, clothing and 18 shelter, or who is abandoned by his or her parents or 19 other person responsible for the minor's welfare, except 20 that a minor shall not be considered neglected for the 21 sole reason that the minor's parent or other person 22 responsible for the minor's welfare has left the minor in 23 the care of an adult relative for any period of time; or 24 (b) any minor under 18 years of age whose 25 environment is injurious to his or her welfare; or 26 (c) any newborn infant whose blood, urine, or 27 meconium contains any amount of a controlled substance as 28 defined in subsection (f) of Section 102 of the Illinois 29 Controlled Substances Act, as now or hereafter amended, 30 or a metabolite of a controlled substance, with the 31 exception of controlled substances or metabolites of such 32 substances, the presence of which in the newborn infant SB216 Enrolled -20- LRB9203754DJmb 1 is the result of medical treatment administered to the 2 mother or the newborn infant; or 3 (d) any minor under the age of 14 years whose 4 parent or other person responsible for the minor's 5 welfare leaves the minor without supervision for an 6 unreasonable period of time without regard for the mental 7 or physical health, safety, or welfare of that minor. 8 Whether the minor was left without regard for the mental 9 or physical health, safety, or welfare of that minor or the 10 period of time was unreasonable shall be determined by 11 considering the following factors, including but not limited 12 to: 13 (1) the age of the minor; 14 (2) the number of minors left at the location; 15 (3) special needs of the minor, including whether 16 the minor is physically or mentally handicapped, or 17 otherwise in need of ongoing prescribed medical treatment 18 such as periodic doses of insulin or other medications; 19 (4) the duration of time in which the minor was 20 left without supervision; 21 (5) the condition and location of the place where 22 the minor was left without supervision; 23 (6) the time of day or night when the minor was 24 left without supervision; 25 (7) the weather conditions, including whether the 26 minor was left in a location with adequate protection 27 from the natural elements such as adequate heat or light; 28 (8) the location of the parent or guardian at the 29 time the minor was left without supervision, the physical 30 distance the minor was from the parent or guardian at the 31 time the minor was without supervision; 32 (9) whether the minor's movement was restricted, or 33 the minor was otherwise locked within a room or other 34 structure; SB216 Enrolled -21- LRB9203754DJmb 1 (10) whether the minor was given a phone number of 2 a person or location to call in the event of an emergency 3 and whether the minor was capable of making an emergency 4 call; 5 (11) whether there was food and other provision 6 left for the minor; 7 (12) whether any of the conduct is attributable to 8 economic hardship or illness and the parent, guardian or 9 other person having physical custody or control of the 10 child made a good faith effort to provide for the health 11 and safety of the minor; 12 (13) the age and physical and mental capabilities 13 of the person or persons who provided supervision for the 14 minor; 15 (14) whether the minor was left under the 16 supervision of another person; 17 (15) any other factor that would endanger the 18 health and safety of that particular minor. 19 A minor shall not be considered neglected for the sole 20 reason that the minor has been relinquished in accordance 21 with the Abandoned Newborn Infant Protection Act. 22 (2) Those who are abused include any minor under 18 23 years of age whose parent or immediate family member, or any 24 person responsible for the minor's welfare, or any person who 25 is in the same family or household as the minor, or any 26 individual residing in the same home as the minor, or a 27 paramour of the minor's parent: 28 (i) inflicts, causes to be inflicted, or allows to 29 be inflicted upon such minor physical injury, by other 30 than accidental means, which causes death, disfigurement, 31 impairment of physical or emotional health, or loss or 32 impairment of any bodily function; 33 (ii) creates a substantial risk of physical injury 34 to such minor by other than accidental means which would SB216 Enrolled -22- LRB9203754DJmb 1 be likely to cause death, disfigurement, impairment of 2 emotional health, or loss or impairment of any bodily 3 function; 4 (iii) commits or allows to be committed any sex 5 offense against such minor, as such sex offenses are 6 defined in the Criminal Code of 1961, as amended, and 7 extending those definitions of sex offenses to include 8 minors under 18 years of age; 9 (iv) commits or allows to be committed an act or 10 acts of torture upon such minor; or 11 (v) inflicts excessive corporal punishment. 12 A minor shall not be considered abused for the sole 13 reason that the minor has been relinquished in accordance 14 with the Abandoned Newborn Infant Protection Act. 15 (3) This Section does not apply to a minor who would be 16 included herein solely for the purpose of qualifying for 17 financial assistance for himself, his parents, guardian or 18 custodian. 19 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.) 20 Section 96. The Criminal Code of 1961 is amended by 21 changing Sections 12-21.5 and 12-21.6 as follows: 22 (720 ILCS 5/12-21.5) 23 Sec. 12-21.5. Child Abandonment. 24 (a) A person commits the offense of child abandonment 25 when he or she, as a parent, guardian, or other person having 26 physical custody or control of a child, without regard for 27 the mental or physical health, safety, or welfare of that 28 child, knowingly leaves that child who is under the age of 13 29 without supervision by a responsible person over the age of 30 14 for a period of 24 hours or more, except that a person 31 does not commit the offense of child abandonment when he or 32 she relinquishes a child in accordance with the Abandoned SB216 Enrolled -23- LRB9203754DJmb 1 Newborn Infant Protection Act. 2 (b) For the purposes of determining whether the child 3 was left without regard for the mental or physical health, 4 safety, or welfare of that child, the trier of fact shall 5 consider the following factors: 6 (1) the age of the child; 7 (2) the number of children left at the location; 8 (3) special needs of the child, including whether 9 the child is physically or mentally handicapped, or 10 otherwise in need of ongoing prescribed medical treatment 11 such as periodic doses of insulin or other medications; 12 (4) the duration of time in which the child was 13 left without supervision; 14 (5) the condition and location of the place where 15 the child was left without supervision; 16 (6) the time of day or night when the child was 17 left without supervision; 18 (7) the weather conditions, including whether the 19 child was left in a location with adequate protection 20 from the natural elements such as adequate heat or light; 21 (8) the location of the parent, guardian, or other 22 person having physical custody or control of the child at 23 the time the child was left without supervision, the 24 physical distance the child was from the parent, 25 guardian, or other person having physical custody or 26 control of the child at the time the child was without 27 supervision; 28 (9) whether the child's movement was restricted, or 29 the child was otherwise locked within a room or other 30 structure; 31 (10) whether the child was given a phone number of 32 a person or location to call in the event of an emergency 33 and whether the child was capable of making an emergency 34 call; SB216 Enrolled -24- LRB9203754DJmb 1 (11) whether there was food and other provision 2 left for the child; 3 (12) whether any of the conduct is attributable to 4 economic hardship or illness and the parent, guardian or 5 other person having physical custody or control of the 6 child made a good faith effort to provide for the health 7 and safety of the child; 8 (13) the age and physical and mental capabilities 9 of the person or persons who provided supervision for the 10 child; 11 (14) any other factor that would endanger the 12 health or safety of that particular child; 13 (15) whether the child was left under the 14 supervision of another person. 15 (d) Child abandonment is a Class 4 felony. A second or 16 subsequent offense after a prior conviction is a Class 3 17 felony. 18 (Source: P.A. 88-479.) 19 (720 ILCS 5/12-21.6) 20 Sec. 12-21.6. Endangering the life or health of a child. 21 (a) It is unlawful for any person to willfully cause or 22 permit the life or health of a child under the age of 18 to 23 be endangered or to willfully cause or permit a child to be 24 placed in circumstances that endanger the child's life or 25 health, except that it is not unlawful for a person to 26 relinquish a child in accordance with the Abandoned Newborn 27 Infant Protection Act. 28 (b) A violation of this Section is a Class A 29 misdemeanor. A second or subsequent violation of this 30 Section is a Class 3 felony. A violation of this Section 31 that is a proximate cause of the death of the child is a 32 Class 3 felony for which a person, if sentenced to a term of 33 imprisonment, shall be sentenced to a term of not less than 2 SB216 Enrolled -25- LRB9203754DJmb 1 years and not more than 10 years. 2 (Source: P.A. 90-687, eff. 7-31-98.) 3 Section 96.5. The Neglected Children Offense Act is 4 amended by changing Section 2 as follows: 5 (720 ILCS 130/2) (from Ch. 23, par. 2361) 6 Sec. 2. Any parent, legal guardian or person having the 7 custody of a child under the age of 18 years, who knowingly 8 or wilfully causes, aids or encourages such person to be or 9 to become a dependent and neglected child as defined in 10 section 1, who knowingly or wilfully does acts which directly 11 tend to render any such child so dependent and neglected, or 12 who knowingly or wilfully fails to do that which will 13 directly tend to prevent such state of dependency and neglect 14 is guilty of the Class A misdemeanor of contributing to the 15 dependency and neglect of children, except that a person who 16 relinquishes a child in accordance with the Abandoned Newborn 17 Infant Protection Act is not guilty of that misdemeanor. 18 Instead of imposing the punishment hereinbefore provided, the 19 court may release the defendant from custody on probation for 20 one year upon his or her entering into recognizance with or 21 without surety in such sum as the court directs. The 22 conditions of the recognizance shall be such that if the 23 defendant appears personally in court whenever ordered to do 24 so within the year and provides and cares for such neglected 25 and dependent child in such manner as to prevent a 26 continuance or repetition of such state of dependency and 27 neglect or as otherwise may be directed by the court then the 28 recognizance shall be void, otherwise it shall be of full 29 force and effect. If the court is satisfied by information 30 and due proof under oath that at any time during the year the 31 defendant has violated the terms of such order it may 32 forthwith revoke the order and sentence him or her under the SB216 Enrolled -26- LRB9203754DJmb 1 original conviction. Unless so sentenced, the defendant shall 2 at the end of the year be discharged. In case of forfeiture 3 on the recognizance the sum recovered thereon may in the 4 discretion of the court be paid in whole or in part to 5 someone designated by the court for the support of such 6 dependent and neglected child. 7 (Source: P.A. 77-2350.) 8 Section 97. The Adoption Act is amended by changing 9 Section 1 as follows: 10 (750 ILCS 50/1) (from Ch. 40, par. 1501) 11 Sec. 1. Definitions. When used in this Act, unless the 12 context otherwise requires: 13 A. "Child" means a person under legal age subject to 14 adoption under this Act. 15 B. "Related child" means a child subject to adoption 16 where either or both of the adopting parents stands in any of 17 the following relationships to the child by blood or 18 marriage: parent, grand-parent, brother, sister, step-parent, 19 step-grandparent, step-brother, step-sister, uncle, aunt, 20 great-uncle, great-aunt, or cousin of first degree. A child 21 whose parent has executed a final irrevocable consent to 22 adoption or a final irrevocable surrender for purposes of 23 adoption, or whose parent has had his or her parental rights 24 terminated, is not a related child to that person, unless the 25 consent is determined to be void or is void pursuant to 26 subsection O of Section 10. 27 C. "Agency" for the purpose of this Act means a public 28 child welfare agency or a licensed child welfare agency. 29 D. "Unfit person" means any person whom the court shall 30 find to be unfit to have a child, without regard to the 31 likelihood that the child will be placed for adoption. The 32 grounds of unfitness are any one or more of the following, SB216 Enrolled -27- LRB9203754DJmb 1 except that a person shall not be considered an unfit person 2 for the sole reason that the person has relinquished a child 3 in accordance with the Abandoned Newborn Infant Protection 4 Act: 5 (a) Abandonment of the child. 6 (a-1) Abandonment of a newborn infant in a 7 hospital. 8 (a-2) Abandonment of a newborn infant in any 9 setting where the evidence suggests that the parent 10 intended to relinquish his or her parental rights. 11 (b) Failure to maintain a reasonable degree of 12 interest, concern or responsibility as to the child's 13 welfare. 14 (c) Desertion of the child for more than 3 months 15 next preceding the commencement of the Adoption 16 proceeding. 17 (d) Substantial neglect of the child if continuous 18 or repeated. 19 (d-1) Substantial neglect, if continuous or 20 repeated, of any child residing in the household which 21 resulted in the death of that child. 22 (e) Extreme or repeated cruelty to the child. 23 (f) Two or more findings of physical abuse to any 24 children under Section 4-8 of the Juvenile Court Act or 25 Section 2-21 of the Juvenile Court Act of 1987, the most 26 recent of which was determined by the juvenile court 27 hearing the matter to be supported by clear and 28 convincing evidence; a criminal conviction or a finding 29 of not guilty by reason of insanity resulting from the 30 death of any child by physical child abuse; or a finding 31 of physical child abuse resulting from the death of any 32 child under Section 4-8 of the Juvenile Court Act or 33 Section 2-21 of the Juvenile Court Act of 1987. 34 (g) Failure to protect the child from conditions SB216 Enrolled -28- LRB9203754DJmb 1 within his environment injurious to the child's welfare. 2 (h) Other neglect of, or misconduct toward the 3 child; provided that in making a finding of unfitness the 4 court hearing the adoption proceeding shall not be bound 5 by any previous finding, order or judgment affecting or 6 determining the rights of the parents toward the child 7 sought to be adopted in any other proceeding except such 8 proceedings terminating parental rights as shall be had 9 under either this Act, the Juvenile Court Act or the 10 Juvenile Court Act of 1987. 11 (i) Depravity. Conviction of any one of the 12 following crimes shall create a presumption that a parent 13 is depraved which can be overcome only by clear and 14 convincing evidence: (1) first degree murder in violation 15 of paragraph 1 or 2 of subsection (a) of Section 9-1 of 16 the Criminal Code of 1961 or conviction of second degree 17 murder in violation of subsection (a) of Section 9-2 of 18 the Criminal Code of 1961 of a parent of the child to be 19 adopted; (2) first degree murder or second degree murder 20 of any child in violation of the Criminal Code of 1961; 21 (3) attempt or conspiracy to commit first degree murder 22 or second degree murder of any child in violation of the 23 Criminal Code of 1961; (4) solicitation to commit murder 24 of any child, solicitation to commit murder of any child 25 for hire, or solicitation to commit second degree murder 26 of any child in violation of the Criminal Code of 1961; 27 or (5) aggravated criminal sexual assault in violation of 28 Section 12-14(b)(1) of the Criminal Code of 1961. 29 There is a rebuttable presumption that a parent is 30 depraved if the parent has been criminally convicted of 31 at least 3 felonies under the laws of this State or any 32 other state, or under federal law, or the criminal laws 33 of any United States territory; and at least one of these 34 convictions took place within 5 years of the filing of SB216 Enrolled -29- LRB9203754DJmb 1 the petition or motion seeking termination of parental 2 rights. 3 There is a rebuttable presumption that a parent is 4 depraved if that parent has been criminally convicted of 5 either first or second degree murder of any person as 6 defined in the Criminal Code of 1961 within 10 years of 7 the filing date of the petition or motion to terminate 8 parental rights. 9 (j) Open and notorious adultery or fornication. 10 (j-1) (Blank). 11 (k) Habitual drunkenness or addiction to drugs, 12 other than those prescribed by a physician, for at least 13 one year immediately prior to the commencement of the 14 unfitness proceeding. 15 There is a rebuttable presumption that a parent is 16 unfit under this subsection with respect to any child to 17 which that parent gives birth where there is a confirmed 18 test result that at birth the child's blood, urine, or 19 meconium contained any amount of a controlled substance 20 as defined in subsection (f) of Section 102 of the 21 Illinois Controlled Substances Act or metabolites of such 22 substances, the presence of which in the newborn infant 23 was not the result of medical treatment administered to 24 the mother or the newborn infant; and the biological 25 mother of this child is the biological mother of at least 26 one other child who was adjudicated a neglected minor 27 under subsection (c) of Section 2-3 of the Juvenile Court 28 Act of 1987. 29 (l) Failure to demonstrate a reasonable degree of 30 interest, concern or responsibility as to the welfare of 31 a new born child during the first 30 days after its 32 birth. 33 (m) Failure by a parent (i) to make reasonable 34 efforts to correct the conditions that were the basis for SB216 Enrolled -30- LRB9203754DJmb 1 the removal of the child from the parent, or (ii) to make 2 reasonable progress toward the return of the child to the 3 parent within 9 months after an adjudication of neglected 4 or abused minor under Section 2-3 of the Juvenile Court 5 Act of 1987 or dependent minor under Section 2-4 of that 6 Act, or (iii) to make reasonable progress toward the 7 return of the child to the parent during any 9-month 8 period after the end of the initial 9-month period 9 following the adjudication of neglected or abused minor 10 under Section 2-3 of the Juvenile Court Act of 1987 or 11 dependent minor under Section 2-4 of that Act. If a 12 service plan has been established as required under 13 Section 8.2 of the Abused and Neglected Child Reporting 14 Act to correct the conditions that were the basis for the 15 removal of the child from the parent and if those 16 services were available, then, for purposes of this Act, 17 "failure to make reasonable progress toward the return of 18 the child to the parent" includes (I) the parent's 19 failure to substantially fulfill his or her obligations 20 under the service plan and correct the conditions that 21 brought the child into care within 9 months after the 22 adjudication under Section 2-3 or 2-4 of the Juvenile 23 Court Act of 1987 and (II) the parent's failure to 24 substantially fulfill his or her obligations under the 25 service plan and correct the conditions that brought the 26 child into care during any 9-month period after the end 27 of the initial 9-month period following the adjudication 28 under Section 2-3 or 2-4 of the Juvenile Court Act of 29 1987. 30 (m-1) Pursuant to the Juvenile Court Act of 1987, a 31 child has been in foster care for 15 months out of any 22 32 month period which begins on or after the effective date 33 of this amendatory Act of 1998 unless the child's parent 34 can prove by a preponderance of the evidence that it is SB216 Enrolled -31- LRB9203754DJmb 1 more likely than not that it will be in the best 2 interests of the child to be returned to the parent 3 within 6 months of the date on which a petition for 4 termination of parental rights is filed under the 5 Juvenile Court Act of 1987. The 15 month time limit is 6 tolled during any period for which there is a court 7 finding that the appointed custodian or guardian failed 8 to make reasonable efforts to reunify the child with his 9 or her family, provided that (i) the finding of no 10 reasonable efforts is made within 60 days of the period 11 when reasonable efforts were not made or (ii) the parent 12 filed a motion requesting a finding of no reasonable 13 efforts within 60 days of the period when reasonable 14 efforts were not made. For purposes of this subdivision 15 (m-1), the date of entering foster care is the earlier 16 of: (i) the date of a judicial finding at an adjudicatory 17 hearing that the child is an abused, neglected, or 18 dependent minor; or (ii) 60 days after the date on which 19 the child is removed from his or her parent, guardian, or 20 legal custodian. 21 (n) Evidence of intent to forgo his or her parental 22 rights, whether or not the child is a ward of the court, 23 (1) as manifested by his or her failure for a period of 24 12 months: (i) to visit the child, (ii) to communicate 25 with the child or agency, although able to do so and not 26 prevented from doing so by an agency or by court order, 27 or (iii) to maintain contact with or plan for the future 28 of the child, although physically able to do so, or (2) 29 as manifested by the father's failure, where he and the 30 mother of the child were unmarried to each other at the 31 time of the child's birth, (i) to commence legal 32 proceedings to establish his paternity under the Illinois 33 Parentage Act of 1984 or the law of the jurisdiction of 34 the child's birth within 30 days of being informed, SB216 Enrolled -32- LRB9203754DJmb 1 pursuant to Section 12a of this Act, that he is the 2 father or the likely father of the child or, after being 3 so informed where the child is not yet born, within 30 4 days of the child's birth, or (ii) to make a good faith 5 effort to pay a reasonable amount of the expenses related 6 to the birth of the child and to provide a reasonable 7 amount for the financial support of the child, the court 8 to consider in its determination all relevant 9 circumstances, including the financial condition of both 10 parents; provided that the ground for termination 11 provided in this subparagraph (n)(2)(ii) shall only be 12 available where the petition is brought by the mother or 13 the husband of the mother. 14 Contact or communication by a parent with his or her 15 child that does not demonstrate affection and concern 16 does not constitute reasonable contact and planning under 17 subdivision (n). In the absence of evidence to the 18 contrary, the ability to visit, communicate, maintain 19 contact, pay expenses and plan for the future shall be 20 presumed. The subjective intent of the parent, whether 21 expressed or otherwise, unsupported by evidence of the 22 foregoing parental acts manifesting that intent, shall 23 not preclude a determination that the parent has intended 24 to forgo his or her parental rights. In making this 25 determination, the court may consider but shall not 26 require a showing of diligent efforts by an authorized 27 agency to encourage the parent to perform the acts 28 specified in subdivision (n). 29 It shall be an affirmative defense to any allegation 30 under paragraph (2) of this subsection that the father's 31 failure was due to circumstances beyond his control or to 32 impediments created by the mother or any other person 33 having legal custody. Proof of that fact need only be by 34 a preponderance of the evidence. SB216 Enrolled -33- LRB9203754DJmb 1 (o) Repeated or continuous failure by the parents, 2 although physically and financially able, to provide the 3 child with adequate food, clothing, or shelter. 4 (p) Inability to discharge parental 5 responsibilities supported by competent evidence from a 6 psychiatrist, licensed clinical social worker, or 7 clinical psychologist of mental impairment, mental 8 illness or mental retardation as defined in Section 1-116 9 of the Mental Health and Developmental Disabilities Code, 10 or developmental disability as defined in Section 1-106 11 of that Code, and there is sufficient justification to 12 believe that the inability to discharge parental 13 responsibilities shall extend beyond a reasonable time 14 period. However, this subdivision (p) shall not be 15 construed so as to permit a licensed clinical social 16 worker to conduct any medical diagnosis to determine 17 mental illness or mental impairment. 18 (q) The parent has been criminally convicted of 19 aggravated battery, heinous battery, or attempted murder 20 of any child. 21 (r) The child is in the temporary custody or 22 guardianship of the Department of Children and Family 23 Services, the parent is incarcerated as a result of 24 criminal conviction at the time the petition or motion 25 for termination of parental rights is filed, prior to 26 incarceration the parent had little or no contact with 27 the child or provided little or no support for the child, 28 and the parent's incarceration will prevent the parent 29 from discharging his or her parental responsibilities for 30 the child for a period in excess of 2 years after the 31 filing of the petition or motion for termination of 32 parental rights. 33 (s) The child is in the temporary custody or 34 guardianship of the Department of Children and Family SB216 Enrolled -34- LRB9203754DJmb 1 Services, the parent is incarcerated at the time the 2 petition or motion for termination of parental rights is 3 filed, the parent has been repeatedly incarcerated as a 4 result of criminal convictions, and the parent's repeated 5 incarceration has prevented the parent from discharging 6 his or her parental responsibilities for the child. 7 (t) A finding that at birth the child's blood, 8 urine, or meconium contained any amount of a controlled 9 substance as defined in subsection (f) of Section 102 of 10 the Illinois Controlled Substances Act, or a metabolite 11 of a controlled substance, with the exception of 12 controlled substances or metabolites of such substances, 13 the presence of which in the newborn infant was the 14 result of medical treatment administered to the mother or 15 the newborn infant, and that the biological mother of 16 this child is the biological mother of at least one other 17 child who was adjudicated a neglected minor under 18 subsection (c) of Section 2-3 of the Juvenile Court Act 19 of 1987, after which the biological mother had the 20 opportunity to enroll in and participate in a clinically 21 appropriate substance abuse counseling, treatment, and 22 rehabilitation program. 23 E. "Parent" means the father or mother of a legitimate 24 or illegitimate child. For the purpose of this Act, a person 25 who has executed a final and irrevocable consent to adoption 26 or a final and irrevocable surrender for purposes of 27 adoption, or whose parental rights have been terminated by a 28 court, is not a parent of the child who was the subject of 29 the consent or surrender, unless the consent is void pursuant 30 to subsection O of Section 10. 31 F. A person is available for adoption when the person 32 is: 33 (a) a child who has been surrendered for adoption 34 to an agency and to whose adoption the agency has SB216 Enrolled -35- LRB9203754DJmb 1 thereafter consented; 2 (b) a child to whose adoption a person authorized 3 by law, other than his parents, has consented, or to 4 whose adoption no consent is required pursuant to Section 5 8 of this Act; 6 (c) a child who is in the custody of persons who 7 intend to adopt him through placement made by his 8 parents; 9 (c-1) a child for whom a parent has signed a 10 specific consent pursuant to subsection O of Section 10; 11or12 (d) an adult who meets the conditions set forth in 13 Section 3 of this Act; or.14 (e) a child who has been relinquished as defined in 15 Section 10 of the Abandoned Newborn Infant Protection 16 Act. 17 A person who would otherwise be available for adoption 18 shall not be deemed unavailable for adoption solely by reason 19 of his or her death. 20 G. The singular includes the plural and the plural 21 includes the singular and the "male" includes the "female", 22 as the context of this Act may require. 23 H. "Adoption disruption" occurs when an adoptive 24 placement does not prove successful and it becomes necessary 25 for the child to be removed from placement before the 26 adoption is finalized. 27 I. "Foreign placing agency" is an agency or individual 28 operating in a country or territory outside the United States 29 that is authorized by its country to place children for 30 adoption either directly with families in the United States 31 or through United States based international agencies. 32 J. "Immediate relatives" means the biological parents, 33 the parents of the biological parents and siblings of the 34 biological parents. SB216 Enrolled -36- LRB9203754DJmb 1 K. "Intercountry adoption" is a process by which a child 2 from a country other than the United States is adopted. 3 L. "Intercountry Adoption Coordinator" is a staff person 4 of the Department of Children and Family Services appointed 5 by the Director to coordinate the provision of services by 6 the public and private sector to prospective parents of 7 foreign-born children. 8 M. "Interstate Compact on the Placement of Children" is 9 a law enacted by most states for the purpose of establishing 10 uniform procedures for handling the interstate placement of 11 children in foster homes, adoptive homes, or other child care 12 facilities. 13 N. "Non-Compact state" means a state that has not 14 enacted the Interstate Compact on the Placement of Children. 15 O. "Preadoption requirements" are any conditions 16 established by the laws or regulations of the Federal 17 Government or of each state that must be met prior to the 18 placement of a child in an adoptive home. 19 P. "Abused child" means a child whose parent or 20 immediate family member, or any person responsible for the 21 child's welfare, or any individual residing in the same home 22 as the child, or a paramour of the child's parent: 23 (a) inflicts, causes to be inflicted, or allows to 24 be inflicted upon the child physical injury, by other 25 than accidental means, that causes death, disfigurement, 26 impairment of physical or emotional health, or loss or 27 impairment of any bodily function; 28 (b) creates a substantial risk of physical injury 29 to the child by other than accidental means which would 30 be likely to cause death, disfigurement, impairment of 31 physical or emotional health, or loss or impairment of 32 any bodily function; 33 (c) commits or allows to be committed any sex 34 offense against the child, as sex offenses are defined in SB216 Enrolled -37- LRB9203754DJmb 1 the Criminal Code of 1961 and extending those definitions 2 of sex offenses to include children under 18 years of 3 age; 4 (d) commits or allows to be committed an act or 5 acts of torture upon the child; or 6 (e) inflicts excessive corporal punishment. 7 Q. "Neglected child" means any child whose parent or 8 other person responsible for the child's welfare withholds or 9 denies nourishment or medically indicated treatment including 10 food or care denied solely on the basis of the present or 11 anticipated mental or physical impairment as determined by a 12 physician acting alone or in consultation with other 13 physicians or otherwise does not provide the proper or 14 necessary support, education as required by law, or medical 15 or other remedial care recognized under State law as 16 necessary for a child's well-being, or other care necessary 17 for his or her well-being, including adequate food, clothing 18 and shelter; or who is abandoned by his or her parents or 19 other person responsible for the child's welfare. 20 A child shall not be considered neglected or abused for 21 the sole reason that the child's parent or other person 22 responsible for his or her welfare depends upon spiritual 23 means through prayer alone for the treatment or cure of 24 disease or remedial care as provided under Section 4 of the 25 Abused and Neglected Child Reporting Act. 26 R. "Putative father" means a man who may be a child's 27 father, but who (1) is not married to the child's mother on 28 or before the date that the child was or is to be born and 29 (2) has not established paternity of the child in a court 30 proceeding before the filing of a petition for the adoption 31 of the child. The term includes a male who is less than 18 32 years of age. "Putative father" does not mean a man who is 33 the child's father as a result of criminal sexual abuse or 34 assault as defined under Article 12 of the Criminal Code of SB216 Enrolled -38- LRB9203754DJmb 1 1961. 2 S. "Standby adoption" means an adoption in which a 3 terminally ill parent consents to custody and termination of 4 parental rights to become effective upon the occurrence of a 5 future event, which is either the death of the terminally ill 6 parent or the request of the parent for the entry of a final 7 judgment of adoption. 8 T. "Terminally ill parent" means a person who has a 9 medical prognosis by a physician licensed to practice 10 medicine in all of its branches that the person has an 11 incurable and irreversible condition which will lead to 12 death. 13 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 14 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, 15 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 16 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, 17 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; 18 revised 8-31-99.) 19 Section 999. Effective date. This Act takes effect upon 20 becoming law.