Bill Text: IL HB4636 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Child Care Act of 1969. Provides that "related" includes relationships by civil union and adds stepgrandparents and second cousins to the list of relatives included in the definition. Provides that a person is related to a child as a first cousin or a second cousin if they are both related to the same ancestor as either grandchild or great-grandchild. Provides that a child whose parent has executed a consent, a surrender, or a waiver under the Adoption Act or whose parent has had his or her parental rights terminated is not a related child to that person, unless certain exceptions apply. Amends the Adoption Act. Changes the definition of "related child" and "parent" and defines "legal father", and "legal mother". Provides that the terms "biological parent", "birth parent", and "natural parent" are interchangeable terms that mean a person who is biologically or genetically related to that child as a parent. Provides that certain residence requirements do not apply if the child to be adopted has resided in this State for a period of 6 months immediately preceding the commencement of the adoption proceeding or since birth if the child is not yet 6 months of age. Replaces the provisions of a Section concerning jurisdiction and venue with provisions stating that an adoption proceeding may be commenced in any county in this State.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0804 [HB4636 Detail]

Download: Illinois-2013-HB4636-Chaptered.html

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Public Act 098-0804
HB4636 Enrolled LRB098 17076 HEP 52161 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by
changing Sections 2.04, 2.05, 2.17, 4, and 5 as follows:
(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
Sec. 2.04. "Related" means any of the following
relationships by blood, marriage, civil union, or adoption:
parent, grandparent, great-grandparent, great-uncle,
great-aunt, brother, sister, stepgrandparent, stepparent,
stepbrother, stepsister, uncle, aunt, nephew, niece, or first
cousin or second cousin. A person is related to a child as a
first cousin or a 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, a surrender, or a waiver
pursuant to Section 10 of the Adoption Act, whose parent has
signed a denial of paternity pursuant to Section 12 of the
Vital Records Act or Section 12a of the Adoption 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 the Adoption 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 the Adoption Act
and a court finds that the consent is void; or (3) the order
terminating the parental rights of the parent is vacated by a
court of competent jurisdiction.
(Source: P.A. 80-459.)
(225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
Sec. 2.05. "Facility for child care" or "child care
facility" means any person, group of persons, agency,
association, organization, corporation, institution, center,
or group, whether established for gain or otherwise, who or
which receives or arranges for care or placement of one or more
children, unrelated to the operator of the facility, apart from
the parents, with or without the transfer of the right of
custody in any facility as defined in this Act, established and
maintained for the care of children. "Child care facility"
includes a relative, as defined in Section 2.17 of this Act,
who is licensed as a foster family home under Section 4 of this
Act.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17. "Foster family home" means a facility for child
care in residences of families who receive no more than 8
children unrelated to them, unless all the children are of
common parentage, or residences of relatives who receive no

more than 8 related children placed by the Department, unless
the children are of common parentage, for the purpose of
providing family care and training for the children on a
full-time basis, except the Director of Children and Family
Services, pursuant to Department regulations, may waive the
limit of 8 children unrelated to an adoptive family for good
cause and only to facilitate an adoptive placement. The
family's or relative's own children, under 18 years of age,
shall be included in determining the maximum number of children
served. For purposes of this Section, a "relative" includes any
person, 21 years of age or over, other than the parent, who (i)
is currently related to the child in any of the following ways
by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, great-uncle, or
great-aunt; or (ii) is the spouse of such a relative; or (iii)
is a child's step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For purposes of
placement of children pursuant to Section 7 of the Children and
Family Services Act and for purposes of licensing requirements
set forth in Section 4 of this Act, for children under the
custody or guardianship of the Department pursuant to the
Juvenile Court Act of 1987, after a parent signs a consent,
surrender, or waiver or after a parent's rights are otherwise

terminated, and while the child remains in the custody or
guardianship of the Department, the child is considered to be
related to those to whom the child was related under this
Section prior to the signing of the consent, surrender, or
waiver or the order of termination of parental rights. The term
"foster family home" includes homes receiving children from any
State-operated institution for child care; or from any agency
established by a municipality or other political subdivision of
the State of Illinois authorized to provide care for children
outside their own homes. The term "foster family home" does not
include an "adoption-only home" as defined in Section 2.23 of
this Act. The types of foster family homes are defined as
follows:
(a) "Boarding home" means a foster family home which
receives payment for regular full-time care of a child or
children.
(b) "Free home" means a foster family home other than an
adoptive home which does not receive payments for the care of a
child or children.
(c) "Adoptive home" means a foster family home which
receives a child or children for the purpose of adopting the
child or children.
(d) "Work-wage home" means a foster family home which
receives a child or children who pay part or all of their board
by rendering some services to the family not prohibited by the
Child Labor Law or by standards or regulations of the

Department prescribed under this Act. The child or children may
receive a wage in connection with the services rendered the
foster family.
(e) "Agency-supervised home" means a foster family home
under the direct and regular supervision of a licensed child
welfare agency, of the Department of Children and Family
Services, of a circuit court, or of any other State agency
which has authority to place children in child care facilities,
and which receives no more than 8 children, unless of common
parentage, who are placed and are regularly supervised by one
of the specified agencies.
(f) "Independent home" means a foster family home, other
than an adoptive home, which receives no more than 4 children,
unless of common parentage, directly from parents, or other
legally responsible persons, by independent arrangement and
which is not subject to direct and regular supervision of a
specified agency except as such supervision pertains to
licensing by the Department.
(Source: P.A. 92-318, eff. 1-1-02.)
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in

Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.17 of this Act, who receives
a child or children for placement by the Department on a
full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that the
applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or children;
the names and addresses of at least 3 persons not related to
the applicant who can attest to the applicant's moral
character; and fingerprints submitted by the applicant and all
adult members of the applicant's household.

(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children, the Department is
satisfied that the facility and responsible persons reasonably
meet standards prescribed for the type of facility for which
application is made, it shall issue a license in proper form,
designating on that license the type of child care facility
and, except for a child welfare agency, the number of children
to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any

successor provision of federal tax law). The Department shall
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing child
welfare agency that converts from its current structure in
order to be recognized as a 501(c)(3) organization as required
by this Section to either retain its current license or
transfer its current license to a newly formed entity, if the
creation of a new entity is required in order to comply with
this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) In respect to child care institutions,

maternity centers, child welfare agencies, day care centers,
day care agencies and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved by
the Department to place children in this State. In respect to
day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives, as defined in Section 2.17 of this Act,
responsible for the care of related children therein, were
found to be in reasonable compliance with standards prescribed
by the Department for the type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care homes,

and group day care homes, licenses shall be issued in such form
and manner as prescribed by the Department and are valid for 4
years from the date issued, unless revoked by the Department or
voluntarily surrendered by the licensee. Licenses issued for
day care centers, day care homes, and group day care homes
shall be valid for 3 years from the date issued, unless revoked
by the Department or voluntarily surrendered by the licensee.
When a licensee has made timely and sufficient application for
the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall
continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department may further extend the period in which such decision
must be made in individual cases for up to 30 days, but such
extensions shall be only upon good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care
home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a child
care facility taking in children as a result of the temporary
closure for more than 2 weeks of a licensed child care facility
due to a natural disaster. An emergency permit under this
subsection shall be issued to a facility only if the persons
providing child care services at the facility were employees of

the temporarily closed day care center at the time it was
closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that
recommended licensure.
(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626,
eff. 8-9-96.)
Section 10. The Adoption Act is amended by changing
Sections 1, 2, and 4 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to

adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, or marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second or cousin of
first degree. 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 final irrevocable consent to
adoption, or a final irrevocable 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
Act or Section 12a of this Act for purposes of adoption, 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.
C. "Agency" for the purpose of this Act means a public

child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a

parent is unfit if:
(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
(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 Article V 5 of the Juvenile Court Act of 1987 shall
be considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such

proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved
which can be overcome only by clear and convincing
evidence: (1) first degree murder in violation of paragraph
1 or 2 of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or 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)
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961 or the Criminal Code
of 2012; (3) attempt or conspiracy to commit first degree
murder or second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
solicitation to commit murder of any child, solicitation to
commit murder of any child for hire, or solicitation to
commit second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 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
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).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to

which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the
mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of
1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent 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
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.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date of

this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of
the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which
there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not

prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the time of
the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of
1984 or the law of the jurisdiction of the child's birth
within 30 days of being informed, pursuant to Section 12a
of this Act, that he is the father or the likely father of
the child or, after being so informed where the child is
not yet born, within 30 days of the child's birth, or (ii)
to make a good faith effort to pay a reasonable amount of
the expenses related to the birth of the child and to
provide a reasonable amount for the financial support of
the child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain

contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not require
a showing of diligent efforts by an authorized agency to
encourage the parent to perform the acts specified in
subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or 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

there is sufficient justification to believe that the
inability to discharge parental responsibilities shall
extend beyond a reasonable time period. However, this
subdivision (p) shall not be construed so as to permit a
licensed clinical social worker to conduct any medical
diagnosis to determine mental illness or mental
impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging

his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant was the result of medical treatment
administered to the mother or the newborn infant, and that
the biological mother of this child is the biological
mother of at least one other child who was adjudicated a
neglected minor under subsection (c) of Section 2-3 of the
Juvenile Court Act of 1987, after which the biological
mother had the opportunity to enroll in and participate in
a clinically appropriate substance abuse counseling,
treatment, and rehabilitation program.
E. "Parent" means 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 the
father or mother of a lawful child of the parties or child born
out of wedlock. For the purpose of this Act, a person who has
executed a final and irrevocable consent to adoption or a final
and irrevocable surrender for purposes of adoption, or whose
parental rights have been terminated by a court, is not a
parent of the child who was the subject of the consent or
surrender, unless the consent is void pursuant to subsection O
of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in

Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
H. "Adoption disruption" occurs when an adoptive placement
does not prove successful and it becomes necessary for the
child to be removed from placement before the adoption is
finalized.
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by
persons who are habitual residents of the United States, or the
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.
L. "Intercountry Adoption Coordinator" means a staff

person of the Department of Children and Family Services
appointed by the Director to coordinate the provision of
services related to an intercountry adoption.
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.
N. (Blank).
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
prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any

bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected

Child Reporting Act. 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.
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.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
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.
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. "Endorsement letter" means the letter issued by the
Department of Children and Family Services to document that a
prospective adoptive parent has met preadoption requirements
and has been deemed suitable by the Department to adopt a child
who is the subject of an intercountry adoption.
W. "Denial letter" means the letter issued by the
Department of Children and Family Services to document that a
prospective adoptive parent has not met preadoption
requirements and has not been deemed suitable by the Department
to adopt a child who is the subject of an intercountry
adoption.
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.
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.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
1-1-14; revised 9-24-13.)
(750 ILCS 50/2) (from Ch. 40, par. 1502)
Sec. 2. Who may adopt a child.
A. Any of the following persons, who is under no legal
disability (except the minority specified in sub-paragraph
(b)) and who has resided in the State of Illinois continuously
for a period of at least 6 months immediately preceding the
commencement of an adoption proceeding, or any member of the
armed forces of the United States who has been domiciled in the
State of Illinois for 90 days, may institute such proceeding:
(a) A reputable person of legal age and of either sex,
provided that if such person is married and has not been living
separate and apart from his or her spouse for 12 months or
longer, his or her spouse shall be a party to the adoption
proceeding, including a husband or wife desiring to adopt a

child of the other spouse, in all of which cases the adoption
shall be by both spouses jointly;
(b) A minor, by leave of court upon good cause shown.
B. The residence requirement specified in paragraph A of
this Section shall not apply to:
(a) an adoption of a related child; or
(b) an adoption of a child placed by an agency.
The residence requirement specified in paragraph A of this
Section shall not apply to an adoption of a related child or to
an adoption of a child placed by an agency.
(Source: P.A. 96-328, eff. 8-11-09.)
(750 ILCS 50/4) (from Ch. 40, par. 1505)
Sec. 4. Venue Jurisdiction and venue.
An adoption proceeding may be commenced in any county in
this State the circuit court of the county in which petitioners
reside, or the county in which the person to be adopted
resides, or was born, or the county in which the parents of
such person reside, provided, however, if an agency has
acquired the custody and control of a child and such agency is
authorized to consent to the adoption of such child, the
proceeding may be commenced in any county, and provided further
that if a guardian of the person of such child has been
appointed by a court of competent jurisdiction, the proceeding
may be commenced in any county.
(Source: Laws 1965, p. 3308.)