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Public Act 101-0155 |
HB3587 Enrolled | LRB101 11082 LNS 56291 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Adoption Act is amended by changing Sections |
1 and 18.9 as follows:
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(750 ILCS 50/1) (from Ch. 40, par. 1501)
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Sec. 1. Definitions. When used in this Act, unless the |
context
otherwise requires:
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A. "Child" means a person under legal age subject to |
adoption under
this Act.
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B. "Related child" means a child subject to adoption where |
either or both of
the adopting parents stands in any of the |
following relationships to the child
by blood, marriage, |
adoption, or civil union: parent, grand-parent, |
great-grandparent, brother, sister, step-parent,
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step-grandparent, step-brother, step-sister, uncle, aunt, |
great-uncle,
great-aunt, first cousin, or second cousin. A |
person is related to the child as a first cousin or second |
cousin if they are both related to the same ancestor as either |
grandchild or great-grandchild. A child whose parent has |
executed
a consent to adoption, a surrender, or a waiver |
pursuant to Section 10 of this Act or whose parent has signed a |
denial of paternity pursuant to Section 12 of the Vital Records |
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Act or Section 12a of this Act, or whose parent has had his or |
her parental rights
terminated, is not a related child to that |
person, unless (1) the consent is
determined to be void or is |
void pursuant to subsection O of Section 10 of this Act;
or (2) |
the parent of the child executed a consent to adoption by a |
specified person or persons pursuant to subsection A-1 of |
Section 10 of this Act and a court of competent jurisdiction |
finds that such consent is void; or (3) the order terminating |
the parental rights of the parent is vacated by a court of |
competent jurisdiction.
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C. "Agency" for the purpose of this Act means a public |
child welfare agency
or a licensed child welfare agency.
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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
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accordance with the Abandoned Newborn Infant Protection Act:
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(a) Abandonment of the child.
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(a-1) Abandonment of a newborn infant in a hospital.
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(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.
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(b) Failure to maintain a reasonable degree of |
interest, concern or
responsibility as to the child's |
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welfare.
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(c) Desertion of the child for more than 3 months next |
preceding the
commencement of the Adoption proceeding.
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(d) Substantial neglect
of the
child if continuous or |
repeated.
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(d-1) Substantial neglect, if continuous or repeated, |
of any child
residing in the household which resulted in |
the death of that child.
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(e) Extreme or repeated cruelty to the child.
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(f) There is a rebuttable presumption, which can be |
overcome only by clear and convincing evidence, that a |
parent is unfit if:
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(1) Two or more findings of physical abuse have |
been entered regarding any children under Section 2-21 |
of the Juvenile Court Act
of 1987, the most recent of |
which was determined by the juvenile court
hearing the |
matter to be supported by clear and convincing |
evidence; or |
(2) The parent has been convicted or found not |
guilty by reason of insanity and the conviction or |
finding resulted from the death of any child by |
physical abuse; or
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(3) There is a finding of physical child abuse |
resulting from the death of any
child under Section |
2-21 of the
Juvenile Court Act of 1987. |
No conviction or finding of delinquency pursuant to |
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Article V of the Juvenile Court Act of 1987 shall be |
considered a criminal conviction for the purpose of |
applying any presumption under this item (f).
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(g) Failure to protect the child from conditions within |
his environment
injurious to the child's welfare.
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(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.
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(i) Depravity. Conviction of any one of the following
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crimes shall create a presumption that a parent is depraved |
which can be
overcome only by clear and convincing |
evidence:
(1) first degree murder in violation of paragraph |
1 or
2 of subsection (a) of Section 9-1 of the Criminal |
Code of 1961 or the Criminal Code of 2012 or conviction
of |
second degree murder in violation of subsection (a) of |
Section 9-2 of the
Criminal Code of 1961 or the Criminal |
Code of 2012 of a parent of the child to be adopted; (2)
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first degree murder or second degree murder of any child in
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violation of the Criminal Code of 1961 or the Criminal Code |
of 2012; (3)
attempt or conspiracy to commit first degree |
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murder or second degree murder
of any child in violation of |
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
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solicitation to commit murder of any child, solicitation to
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commit murder of any child for hire, or solicitation to |
commit second
degree murder of any child in violation of |
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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predatory criminal sexual assault of a child in violation |
of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
or the Criminal Code of 2012; (6) heinous battery of any |
child in violation of the Criminal Code of 1961; or (7) |
aggravated battery of any child in violation of the |
Criminal Code of 1961 or the Criminal Code of 2012.
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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
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United States territory; and at least
one of these
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convictions took place within 5 years of the filing of the |
petition or motion
seeking termination of parental rights.
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There is a rebuttable presumption that a parent is |
depraved if that
parent
has
been criminally convicted of |
either first or second degree murder of any person
as |
defined in the Criminal Code of 1961 or the Criminal Code |
of 2012 within 10 years of the filing date of
the petition |
or motion to terminate parental rights. |
No conviction or finding of delinquency pursuant to |
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Article 5 of the Juvenile Court Act of 1987 shall be |
considered a criminal conviction for the purpose of |
applying any presumption under this item (i).
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(j) Open and notorious adultery or fornication.
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(j-1) (Blank).
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(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.
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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
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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
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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.
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(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.
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(m) Failure by a parent (i) to make reasonable efforts |
to correct the
conditions that were the basis for the |
removal of the child from the
parent during any 9-month |
period following the adjudication of neglected or abused |
minor under Section 2-3 of the Juvenile Court Act of 1987 |
or dependent minor under Section 2-4 of that Act, or (ii) |
to make reasonable progress
toward the return of the
child |
to the parent during any 9-month period following the |
adjudication of
neglected or abused minor under Section 2-3 |
of the Juvenile Court
Act of 1987 or dependent minor under |
Section 2-4 of that Act.
If a service plan has been |
established as
required under
Section 8.2 of the Abused and |
Neglected Child Reporting Act to correct the
conditions |
that were the basis for the removal of the child from the |
parent
and if those services were available,
then, for |
purposes of this Act, "failure to make reasonable progress |
toward the
return of the child to the parent" includes the |
parent's failure to substantially fulfill his or her |
obligations
under
the service plan and correct the |
conditions that brought the child into care
during any |
9-month period
following the adjudication under Section |
2-3 or 2-4 of the Juvenile Court
Act of 1987. |
Notwithstanding any other provision, when a petition or |
motion seeks to terminate parental rights on the basis of |
item (ii) of this subsection (m), the petitioner shall file |
with the court and serve on the parties a pleading that |
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specifies the 9-month period or periods relied on. The |
pleading shall be filed and served on the parties no later |
than 3 weeks before the date set by the court for closure |
of discovery, and the allegations in the pleading shall be |
treated as incorporated into the petition or motion. |
Failure of a respondent to file a written denial of the |
allegations in the pleading shall not be treated as an |
admission that the allegations are true.
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(m-1) (Blank).
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(n) Evidence of intent to forgo his or her parental |
rights,
whether or
not the child is a ward of the court, |
(1) as manifested
by his or her failure for a period of 12 |
months: (i) to visit the child,
(ii) to communicate with |
the child or agency, although able to do so and
not |
prevented from doing so by an agency or by court order, or |
(iii) to
maintain contact with or plan for the future of |
the child, although physically
able to do so, or (2) as |
manifested by the father's failure, where he
and the mother |
of the child were unmarried to each other at the time of |
the
child's birth, (i) to commence legal proceedings to |
establish his paternity
under the Illinois Parentage Act of |
1984, the Illinois Parentage Act of 2015, or the law of the |
jurisdiction of
the child's birth within 30 days of being |
informed, pursuant to Section 12a
of this Act, that he is |
the father or the likely father of the child or,
after |
being so informed where the child is not yet born, within |
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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
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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.
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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
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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).
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It shall be an affirmative defense to any allegation |
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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
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preponderance of the evidence.
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(o) Repeated or continuous failure by the parents, |
although physically
and financially able, to provide the |
child with adequate food, clothing,
or shelter.
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(p) Inability to discharge parental responsibilities |
supported by
competent evidence from a psychiatrist, |
licensed clinical social
worker, or clinical psychologist |
of mental
impairment, mental illness or an intellectual |
disability as defined in Section
1-116 of the Mental Health |
and Developmental Disabilities Code, or
developmental |
disability as defined in Section 1-106 of that Code, and
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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.
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(q) (Blank).
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(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 |
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criminal conviction at the time the petition or motion for
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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.
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(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.
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(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
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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.
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E. "Parent" means a person who is the legal mother or legal |
father of the child as defined in subsection X or Y of this |
Section. For the purpose of this Act, a parent who has executed |
a consent to adoption, a surrender, or a waiver pursuant to |
Section 10 of this Act, who has signed a Denial of Paternity |
pursuant to Section 12 of the Vital Records Act or Section 12a |
of this Act, or whose parental rights have been terminated by a |
court, is not a parent of the child who was the subject of the |
consent, surrender, waiver, or denial unless (1) the consent is |
void pursuant to subsection O of Section 10 of this Act; or (2) |
the person executed a consent to adoption by a specified person |
or persons pursuant to subsection A-1 of Section 10 of this Act |
and a court of competent jurisdiction finds that the consent is |
void; or (3) the order terminating the parental rights of the |
person is vacated by a court of competent jurisdiction.
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F. A person is available for adoption when the person is:
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(a) a child who has been surrendered for adoption to an |
agency and to
whose adoption the agency has thereafter |
consented;
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(b) a child to whose adoption a person authorized by |
law, other than his
parents, has consented, or to whose |
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adoption no consent is required pursuant
to Section 8 of |
this Act;
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(c) a child who is in the custody of persons who intend |
to adopt him
through placement made by his parents;
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(c-1) a child for whom a parent has signed a specific |
consent pursuant
to subsection O of Section 10;
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(d) an adult who meets the conditions set forth in |
Section 3 of this
Act; or
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(e) a child who has been relinquished as defined in |
Section 10 of the
Abandoned Newborn Infant Protection Act.
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A person who would otherwise be available for adoption |
shall not be
deemed unavailable for adoption solely by reason |
of his or her death.
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G. The singular includes the plural and the plural includes
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the singular and the "male" includes the "female", as the |
context of this
Act may require.
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H. (Blank).
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I. "Habitual residence" has the meaning ascribed to it in |
the federal Intercountry Adoption Act of 2000 and regulations |
promulgated thereunder.
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J. "Immediate relatives" means the biological parents, the |
parents of
the biological parents and siblings of the |
biological parents.
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K. "Intercountry adoption" is a process by which a child |
from a country
other than the United States is adopted by |
persons who are habitual residents of the United States, or the |
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child is a habitual resident of the United States who is |
adopted by persons who are habitual residents of a country |
other than the United States.
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L. (Blank).
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M. "Interstate Compact on the Placement of Children" is a |
law enacted by all
states and certain territories for the |
purpose of establishing uniform procedures for handling
the |
interstate placement of children in foster homes, adoptive |
homes, or
other child care facilities.
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N. (Blank).
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O. "Preadoption requirements" means any conditions or |
standards established by the laws or administrative rules of |
this State that must be met by a prospective adoptive parent
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prior to the placement of a child in an adoptive home.
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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:
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(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;
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(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 |
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physical or emotional health, or loss or
impairment of any |
bodily function;
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(c) commits or allows to be committed any sex offense |
against the child,
as sex offenses are defined in the |
Criminal Code of 2012
and extending those definitions of |
sex offenses to include children under
18 years of age;
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(d) commits or allows to be committed an act or acts of |
torture upon
the child; or
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(e) inflicts excessive corporal punishment.
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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
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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.
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A child shall not be considered neglected or abused for the
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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 |
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care as provided under Section 4
of the Abused and Neglected |
Child Reporting Act.
A child shall not be considered neglected |
or abused for the sole reason that
the child's parent or other |
person responsible for the child's welfare failed
to vaccinate, |
delayed vaccination, or refused vaccination for the child
due |
to a waiver on religious or medical grounds as permitted by |
law.
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R. "Putative father" means a man who may be a child's |
father, but who (1) is
not married to the child's mother on or |
before the date that the child was or
is to be born and (2) has |
not established paternity of the child in a court
proceeding |
before the filing of a petition for the adoption of the child. |
The
term includes a male who is less than 18 years of age. |
"Putative father" does
not mean a man who is the child's father |
as a result of criminal sexual abuse
or assault as defined |
under Article 11 of the Criminal Code of 2012.
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S. "Standby adoption" means an adoption in which a parent
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consents to custody and termination of parental rights to |
become
effective upon the occurrence of a future event, which |
is either the death of
the
parent or the request of the parent
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for the entry of a final judgment of adoption.
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T. (Blank).
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T-5. "Biological parent", "birth parent", or "natural |
parent" of a child are interchangeable terms that mean a person |
who is biologically or genetically related to that child as a |
parent. |
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U. "Interstate adoption" means the placement of a minor |
child with a prospective adoptive parent for the purpose of |
pursuing an adoption for that child that is subject to the |
provisions of the Interstate Compact on Placement of Children. |
V. (Blank). |
W. (Blank). |
X. "Legal father" of a child means a man who is recognized |
as or presumed to be that child's father: |
(1) because of his marriage to or civil union with the |
child's parent at the time of the child's birth or within |
300 days prior to that child's birth, unless he signed a |
denial of paternity pursuant to Section 12 of the Vital |
Records Act or a waiver pursuant to Section 10 of this Act; |
or |
(2) because his paternity of the child has been |
established pursuant to the Illinois Parentage Act, the |
Illinois Parentage Act of 1984, or the Gestational |
Surrogacy Act; or |
(3) because he is listed as the child's father or |
parent on the child's birth certificate, unless he is |
otherwise determined by an administrative or judicial |
proceeding not to be the parent of the child or unless he |
rescinds his acknowledgment of paternity pursuant to the |
Illinois Parentage Act of 1984; or |
(4) because his paternity or adoption of the child has |
been established by a court of competent jurisdiction. |
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The definition in this subsection X shall not be construed |
to provide greater or lesser rights as to the number of parents |
who can be named on a final judgment order of adoption or |
Illinois birth certificate that otherwise exist under Illinois |
law. |
Y. "Legal mother" of a child means a woman who is |
recognized as or presumed to be that child's mother: |
(1) because she gave birth to the child except as |
provided in the Gestational Surrogacy Act; or |
(2) because her maternity of the child has been |
established pursuant to the Illinois Parentage Act of 1984 |
or the Gestational Surrogacy Act; or |
(3) because her maternity or adoption of the child has |
been established by a court of competent jurisdiction; or |
(4) because of her marriage to or civil union with the |
child's other parent at the time of the child's birth or |
within 300 days prior to the time of birth; or |
(5) because she is listed as the child's mother or |
parent on the child's birth certificate unless she is |
otherwise determined by an administrative or judicial |
proceeding not to be the parent of the child. |
The definition in this subsection Y shall not be construed |
to provide greater or lesser rights as to the number of parents |
who can be named on a final judgment order of adoption or |
Illinois birth certificate that otherwise exist under Illinois |
law. |
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Z. "Department" means the Illinois Department of Children |
and Family Services. |
AA. "Placement disruption" means a circumstance where the |
child is removed from an adoptive placement before the adoption |
is finalized. |
BB. "Secondary placement" means a placement, including but |
not limited to the placement of a youth in care as defined in |
Section 4d of the Children and Family Services Act, that occurs |
after a placement disruption or an adoption dissolution. |
"Secondary placement" does not mean secondary placements |
arising due to the death of the adoptive parent of the child. |
CC. "Adoption dissolution" means a circumstance where the |
child is removed from an adoptive placement after the adoption |
is finalized. |
DD. "Unregulated placement" means the secondary placement |
of a child that occurs without the oversight of the courts, the |
Department, or a licensed child welfare agency. |
EE. "Post-placement and post-adoption support services" |
means support services for placed or adopted children and |
families that include, but are not limited to, mental health |
treatment, including counseling and other support services for |
emotional, behavioral, or developmental needs , and treatment |
for substance abuse . |
(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, |
eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
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(750 ILCS 50/18.9) |
Sec. 18.9. Post-placement and post-adoption support |
services. |
(a) It is the public policy of this State to find |
permanency for children through adoption and to prevent |
placement disruption, adoption dissolution, and secondary |
placement. Public awareness and access Access to timely, |
effective post-placement and post-adoption support services to |
provide support and resources for children and youth in care as |
defined in Section 4d of the Children and Family Services Act, |
foster families, and adoptive families is essential to promote |
permanency. Public awareness of post-placement and |
post-adoption services and the ability of families to utilize |
effective services are essential to permanency. |
(b) The Department shall establish and maintain accessible |
post-placement and post-adoption support services for all |
children adopted pursuant to this Act, all children residing in |
this State adopted pursuant to the Interstate Compact on the |
Placement of Children, all children residing in this State |
adopted pursuant to the Intercountry Adoption Act of 2000, and |
all former youth in care, as defined by the Children and Family |
Services Act, who have been placed in a guardianship . |
(b-5) The Department shall establish and maintain a |
toll-free number to respond to requests from the public about |
its post-placement and post-adoption support services under |
subsection (b) and shall staff the toll-free number so that |
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calls are answered on a timely basis, but in no event more than |
24 hours from the receipt of a request. |
(c) The Department shall publicize post information about |
the Department's post-placement and post-adoption support |
services pursuant to subsection (b) and the toll-free number |
pursuant to subsection (b-5) as follows: |
(1) it shall post information on the Department's |
website ; and |
(2) it shall provide the information to every licensed |
child welfare agency, every out of State placement agency |
or entity approved under Section 4.1 of this Act, and any |
entity providing adoption support services in the Illinois |
courts ; . |
(3) it The Department's post-placement and |
post-adoption support services shall reference such |
information be referenced in the information regarding |
adoptive parents' rights and responsibilities document |
that the Department publishes and that is provided provides |
to adoptive parents under this Act and the Child Care Act . |
(4) it shall provide the information, including the |
Illinois Post Adoption and Guardianship Services booklet, |
to prospective adoptive parents and guardians as part of |
its adoption and guardianship training and at the time they |
are presented with the Permanency Commitment form; and |
(5) it shall include, in each annual notification |
letter mailed to adoptive parents and guardians, a short, |
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2-sided flier or news bulletin in plain language that |
describes access to post-placement and post-adoption |
services, how to access Medicaid and Individual Care Grant |
or Family Support Program services, the webpage address to |
Illinois' Post Adoption and Guardianship Services booklet, |
information on how to request that a copy of the booklet be |
mailed, and a sticker or magnet that includes the toll-free |
number to access the Department's post-placement and |
post-adoption support services. The Department shall |
establish and maintain a toll-free number to advise the |
public about its post-placement and post-adoption support |
services and post the number on its website. |
(c-5) The Department shall review and update annually all |
information relating to its post-placement and post-adoption |
support services, including its Post Adoption and Guardianship |
Services booklet, to include updated information on Individual |
Care Group or Family Support Program services eligibility and |
the post-placement and post-adoption support services that are |
available through the Medicaid program or any other State |
program for mental health services. The Department and the |
Department of Healthcare and Family Services shall coordinate |
their efforts in the development of resources described in this |
subsection. |
(d) Every licensed child welfare agency, every entity |
approved under Section 4.1 of this Act, and any entity |
providing adoption support services in the Illinois courts |
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shall provide the Department's website address and link to the |
Department's post-placement and post-adoption support services |
information set forth in subsection (c) of this Section, |
including the Department's toll-free number, to every adoptive |
parent , prospective adoptive parent, and guardian with whom |
they work in Illinois. This information shall be provided prior |
to placement. |
(e) Beginning one year after the effective date of this |
amendatory Act of the 101st 99th General Assembly, the |
Department shall report annually to the General Assembly on |
January 15 the following information for the preceding year: |
(1) a description of all post-placement and |
post-adoption support services the Department provides; |
(2) without identifying the names of the recipients of |
the services, the number of guardians foster parents , |
prospective adoptive parents, and adoptive families in |
Illinois who have received the Department's post-placement |
and post-adoption support services and the type of services |
provided and for each, the length of time between the |
initial contact to the Department to request |
post-placement and post-adoption support services and the |
first receipt of services, and the type of services |
received ; |
(3) the number of families who have contacted the |
Department about its post-placement and post-adoption |
support services due to a potential placement disruption, |
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adoption dissolution, secondary placement, or unregulated |
placement, but for whom the Department declined to provide |
post-placement and post-adoption support services and the |
reasons that services were denied; and |
(4) the number of placement disruptions, adoption |
dissolutions, unregulated placements, and secondary |
placements, and for each one: |
(A) the type of placement or adoption, including |
whether the child who was the subject of the placement |
was a youth in care as defined in Section 4d of the |
Children and Family Services Act, and if the child was |
not a youth in care, whether the adoption was a |
private, agency, agency-assisted, interstate, or |
intercountry adoption; |
(B) if the placement or adoption was intercountry, |
the country of birth of the child; |
(C) whether the child who was the subject of the |
placement disruption, adoption dissolution, |
unregulated placement, or secondary placement entered |
State custody; |
(D) the length of the placement prior to the |
placement disruption, adoption dissolution, |
unregulated placement, or secondary placement; |
(E) the age of the child at the time of the |
placement disruption, adoption dissolution, |
unregulated placement, or secondary placement; |
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(F) the reason, if known, for the placement |
disruption, adoption dissolution, unregulated |
placement, or secondary placement; and |
(G) if a licensed child welfare agency or any |
approved out of State placing entity participated in |
the initial placement, and, if applicable, the name of |
the agency or approved out of State placing entity ; |
and . |
(5) a description of the coordination between the |
Department and the Department of Healthcare and Family |
Services to develop resources under this subsection, |
including, but not limited to, a description of the goals |
of such coordination and whether the goals have been met.
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(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
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