Bill Text: IL HB5041 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Family Recovery Plans Implementation Task Force Act. Provides that it is the General Assembly's intent to require a coordinated, public health, and service-integrated response by various agencies within the State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans. Creates the Family Recovery Plans Implementation Task Force within the Department of Human Services. Sets forth the duties of the Task Force, including reviewing models of family recovery plans that have been implemented in other states; and reviewing and developing recommendations to replace punitive policies with notification policies for health care professionals reporting a positive toxicology screen of a newborn. Contains provisions concerning Task Force membership, meetings, reporting requirements, and other matters. Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to develop a standardized CAPTA notification form that is separate and distinct from the form for written confirmation reports of child abuse or neglect. Provides that a CAPTA notification shall not be treated as a report of suspected child abuse or neglect, shall not be recorded in the State Central Registry, and shall not be discoverable or admissible as evidence in any juvenile court or adoption proceeding unless the named party waives, in writing, his or her right to confidentiality. Repeals a provision requiring the Department to report to the State's Attorney every report of a newborn infant whose blood, urine, or meconium contains a prohibited controlled substance. Amends the Juvenile Court Act of 1987. Removes newborn infants whose blood, urine, or meconium contains any amount of a controlled substance from the list of children presumed neglected or abused under the Act. Makes corresponding changes to a provision listing the types of evidence that constitute prima facie evidence of neglect and to relevant provisions under the Adoption Act. Effective immediately, except that some parts take effect January 1, 2025.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5041 Detail]

Download: Illinois-2023-HB5041-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5041 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
See Index
Creates the Family Recovery Plans Implementation Task Force Act. Provides that it is the General Assembly's intent to require a coordinated, public health, and service-integrated response by various agencies within the State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans. Creates the Family Recovery Plans Implementation Task Force within the Department of Human Services. Sets forth the duties of the Task Force, including reviewing models of family recovery plans that have been implemented in other states; and reviewing and developing recommendations to replace punitive policies with notification policies for health care professionals reporting a positive toxicology screen of a newborn. Contains provisions concerning Task Force membership, meetings, reporting requirements, and other matters. Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to develop a standardized CAPTA notification form that is separate and distinct from the form for written confirmation reports of child abuse or neglect. Provides that a CAPTA notification shall not be treated as a report of suspected child abuse or neglect, shall not be recorded in the State Central Registry, and shall not be discoverable or admissible as evidence in any juvenile court or adoption proceeding unless the named party waives, in writing, his or her right to confidentiality. Repeals a provision requiring the Department to report to the State's Attorney every report of a newborn infant whose blood, urine, or meconium contains a prohibited controlled substance. Amends the Juvenile Court Act of 1987. Removes newborn infants whose blood, urine, or meconium contains any amount of a controlled substance from the list of children presumed neglected or abused under the Act. Makes corresponding changes to a provision listing the types of evidence that constitute prima facie evidence of neglect and to relevant provisions under the Adoption Act. Effective immediately, except that some parts take effect January 1, 2025.
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A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Family
Recovery Plans Implementation Task Force Act.
Section 5. Purpose and policy. It is the policy of this
State to serve and advance the best interests and secure the
safety and well-being of an infant with prenatal substance
exposure, while preserving the family unit whenever the safety
of the infant is not jeopardized.
It is the intent of the General Assembly to require a
coordinated, public health, and service-integrated response by
various agencies within this State's health and child welfare
systems to address the substance use treatment needs of
infants born with prenatal substance exposure, as well as the
treatment needs of their caregivers and families, by requiring
the development, provision, and monitoring of family recovery
plans.
Section 10. Findings. The General Assembly finds the
following:
(1) During pregnancy, substance use is a leading cause
of maternal death and is associated with poor birth

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outcomes, including fetal growth restriction, fetal death,
and preterm labor.
(2) Pregnant people with substance use disorders are
less likely to seek treatment or report substance use due
to fear of criminalization, shame, and judgment; they may
also avoid seeking care within the health care system due
to fear of being reported to the child welfare system and
subsequent removal of their children.
(3) The American College of Obstetrics and
Gynecologists and the Illinois Perinatal Quality
Collaborative recommend identifying pregnant people with
substance use disorders through universal self-reporting
screening, brief intervention, and referral to specialized
care for treatment.
(4) Pregnant and parenting individuals with a
substance use disorder should be encouraged to receive
evidence-based treatment and not suffer punitive actions
for starting or continuing treatment, including when
medications for opioid use disorder are part of the
treatment protocol.
(5) There is a pressing need for increasing access to
evidence-based treatment for substance use disorders and
supportive care for families, including the appropriate
use of family needs assessments and family recovery plans.
(6) The cooperation and coordination of supportive
services for pregnant, peripartum, and postpartum

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individuals and families are essential to help newborns
and children and to encourage and support treatment,
recovery, and a safe and healthy environment for children
and the family.
(7) There is a need for a coordinated, public health,
and service-integrated response by various agencies in
this State's health and child welfare systems to work
together to ensure the safety and well-being of infants
with prenatal substance exposure and pregnant and birthing
people with substance use disorders by developing,
implementing, and monitoring a family recovery plan
approach that addresses the health and substance use
treatment and recovery needs of the infant and affected
family or caregiver.
Section 15. Composition. The Family Recovery Plan
Implementation Task Force is created within the Department of
Human Services and shall consist of members appointed as
follows:
(1) The President of the Senate, or his or her
designee, shall appoint: one member of the Senate; one
member representing a statewide organization that
advocates on behalf of community-based services for
children and families; and one member from a statewide
organization representing a majority of hospitals.
(2) The Senate Minority Leader, or his or her

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designee, shall appoint: one member of the Senate; one
member from an organization conducting quality improvement
initiatives to improve perinatal health; one member with
relevant lived experience, as recommended by a
reproductive justice advocacy organization with expertise
in perinatal and infant health and birth equity.
(3) The Speaker of the House of Representatives, or
his or her designee, shall appoint: one member of the
House of Representatives; one member who is a licensed
obstetrician-gynecologist, as recommended by a statewide
organization representing obstetricians and
gynecologists; one member with relevant lived experience,
as recommended by a reproductive justice advocacy
organization with expertise in perinatal and infant health
and birth equity.
(4) The House Minority Leader, or his or her designee,
shall appoint: one member of the House of Representatives;
one member who is a licensed physician specializing in
child abuse and neglect, as recommended by a statewide
organization representing pediatricians; and one member
who is a licensed physician specializing in perinatal
substance use disorder treatment, as recommended by a
statewide organization representing physicians.
(5) The Director of Children and Family Services, or
the Director's designee.
(6) The Secretary of Human Services, or the

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Secretary's designee.
(7) The Director of Public Health, or the Director's
designee.
(8) The Cook County Public Guardian, or the Cook
County Public Guardian's designee.
Section 20. Meetings; co-chairs; administrative support.
All members appointed under Section 15 shall serve without
compensation. Task Force members shall be appointed within 60
days after the effective date of this Act. The Task Force shall
hold its initial meetings within 90 days after the effective
date of this Act. The Task Force shall meet at least 4 times a
year. A majority of the members of the Task Force shall
constitute a quorum. The following individuals shall serve as
co-chairs of the Task Force: (i) the physician specializing in
perinatal substance use disorder treatment; and (ii) the
physician specializing in child abuse and neglect. The
Department of Human Services shall provide staff and any
necessary administrative and other support to the Task Force.
Any data provided by the Departments of Children and Family
Services, Human Services, and Public Health to the Task Force
shall not contain any personally identifiable information of
any clients or families in accordance with applicable
confidentiality laws. The Departments shall facilitate the
prompt and timely collection and provision of data as
requested by or on behalf of the Task Force.

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The Task Force shall consult with an organization that
provides technical assistance to State child welfare systems
in developing and implementing the family recovery plans
requirement of the federal Child Abuse and Prevention
Treatment Act.
Section 25. Duties. The Task Force shall:
(1) review models of family recovery plans that have
been implemented in other states;
(2) review research regarding implementation of family
recovery plans care;
(3) develop recommendations regarding the
implementation of a family recovery plan model in
Illinois, including developing implementation,
monitoring, and reporting plans and identifying any
necessary policy, rule, or statutory changes, and
identifying any additional healthcare service coverage and
reimbursement that would facilitate access to care;
(4) review and develop recommendations to replace
punitive policies with notification policies requiring
health care professionals to notify the Department of
Children and Family Services in accordance with Section 7
of the Abused and Neglected Child Reporting Act and
Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and
Treatment Act (Public Law 93-247) based solely on a
positive toxicology screen of the newborn;

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(5) solicit feedback from stakeholders and advocates
to inform Task Force recommendations as necessary,
including soliciting feedback from members with experience
working in a hospital with licensed obstetrical beds and
members with experience from a small and rural or critical
access hospital with licensed obstetrical beds.
Section 30. Report. The Task Force shall produce and
submit its recommendations to the General Assembly and the
Governor within one year after the first meeting of the Task
Force.
Section 35. Repeal. The Task Force is dissolved, and this
Act is repealed on, January 1, 2027.
Section 105. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 and by adding Section 3.5 as
follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and

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"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in the person's professional capacity with a
child or adult resident, "blatant disregard" includes a
failure by the person to perform job responsibilities intended
to protect the child's or adult resident's health, physical
well-being, or welfare, and, when viewed in light of the
surrounding circumstances, evidence exists that would cause a
reasonable person to believe that the child was neglected.
With respect to an agency, "blatant disregard" includes a
failure to implement practices that ensure the health,
physical well-being, or welfare of the children and adult
residents residing in the facility.
"CAPTA notification" refers to notification to the
Department of an infant who has been born and identified as

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affected by prenatal substance exposure or a fetal alcohol
spectrum disorder as required under the federal Child Abuse
Prevention and Treatment Act.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois State
Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;

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(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in the person's professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription;
(h) commits or allows to be committed the offense of

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involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 2012 against the child; or
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for the child's
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar
as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, person responsible for the
child's welfare, or agency responsibilities; or who is
abandoned by the child's parents or other person responsible

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for the child's welfare without a proper plan of care; or who
has been provided with interim crisis intervention services
under Section 3-5 of the Juvenile Court Act of 1987 and whose
parent, guardian, or custodian refuses to permit the child to
return home and no other living arrangement agreeable to the
parent, guardian, or custodian can be made, and the parent,
guardian, or custodian has not made any other appropriate
living arrangement for the child; or who is a newborn infant
whose blood, urine, or meconium contains any amount of a
controlled substance as defined in subsection (f) of Section
102 of the Illinois Controlled Substances Act or a metabolite
thereof, with the exception of a controlled substance or
metabolite thereof whose presence in the newborn infant is the
result of medical treatment administered to the person who
gave birth or the newborn infant. A child shall not be
considered neglected for the sole reason that the child's
parent or other person responsible for the child's welfare has
left the child in the care of an adult relative for any period
of time. A child shall not be considered neglected for the sole
reason that the child has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act. A child shall not
be considered neglected or abused for the sole reason that
such child's parent or other person responsible for the
child's welfare depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care as
provided under Section 4 of this Act. A child shall not be

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considered neglected or abused solely because the child is not
attending school in accordance with the requirements of
Article 26 of The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person who commits or
allows to be committed, against the child, the offense of

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involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012,
including, but not limited to, the custodian of the minor, or
any person who came to know the child through an official
capacity or position of trust, including, but not limited to,
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the

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Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyperson or
practitioner of any religious denomination accredited by the
religious body to which the clergyperson or practitioner
belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
(325 ILCS 5/3.5 new)
Sec. 3.5. CAPTA notification. The Department shall develop
a standardized CAPTA notification form that is separate and
distinct from the form for written confirmation reports of
child abuse or neglect as described in Section 7 of this Act. A
CAPTA notification shall not be treated as a report of
suspected child abuse or neglect under this Act. CAPTA
notifications shall not be recorded in the State Central

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Registry and shall not be discoverable or admissible as
evidence in any proceeding pursuant to the Juvenile Court Act
of 1987 or the Adoption Act unless the named party waives his
or her right to confidentiality in writing.
(325 ILCS 5/4.4 rep.)
Section 110. The Abused and Neglected Child Reporting Act
is amended by repealing Section 4.4.
Section 115. The Juvenile Court Act of 1987 is amended by
changing Sections 2-3 and 2-18 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include any minor under 18
years of age or a minor 18 years of age or older for whom the
court has made a finding of probable cause to believe that the
minor is abused, neglected, or dependent under subsection (1)
of Section 2-10 prior to the minor's 18th birthday:
(a) who is not receiving the proper or necessary
support, education as required by law, or medical or other
remedial care recognized under State law as necessary for
a minor's well-being, or other care necessary for the
minor's well-being, including adequate food, clothing, and
shelter, or who is abandoned by the minor's parent or
parents or other person or persons responsible for the

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minor's welfare, except that a minor shall not be
considered neglected for the sole reason that the minor's
parent or parents or other person or persons responsible
for the minor's welfare have left the minor in the care of
an adult relative for any period of time, who the parent or
parents or other person responsible for the minor's
welfare know is both a mentally capable adult relative and
physically capable adult relative, as defined by this Act;
or
(b) whose environment is injurious to the minor's
welfare; or
(c) (blank) any newborn infant whose blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, as now or hereafter amended, or
a metabolite of a controlled substance, with the exception
of controlled substances or metabolites of such
substances, the presence of which in the newborn infant is
the result of medical treatment administered to the person
who gave birth or the newborn infant; or
(d) any minor whose parent or other person responsible
for the minor's welfare leaves the minor without
supervision for an unreasonable period of time without
regard for the mental or physical health, safety, or
welfare of that minor. Whether the minor was left without
regard for the mental or physical health, safety, or

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welfare of that minor or the period of time was
unreasonable shall be determined by considering the
following factors, including, but not limited to, the
following:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) the special needs of the minor, including
whether the minor is a person with a physical or mental
disability, or is otherwise in need of ongoing
prescribed medical treatment, such as periodic doses
of insulin or other medications;
(4) the duration of time in which the minor was
left without supervision;
(5) the condition and location of the place where
the minor was left without supervision;
(6) the time of day or night when the minor was
left without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection
from the natural elements, such as adequate heat or
light;
(8) the location of the parent or guardian at the
time the minor was left without supervision and , the
physical distance the minor was from the parent or
guardian at the time the minor was without
supervision;

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(9) whether the minor's movement was restricted,
or the minor was otherwise locked within a room or
other structure;
(10) whether the minor was given a phone number of
a person or location to call in the event of an
emergency and whether the minor was capable of making
an emergency call;
(11) whether there was food and other provision
left for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian,
or other person having physical custody or control of
the child made a good faith effort to provide for the
health and safety of the minor;
(13) the age and physical and mental capabilities
of the person or persons who provided supervision for
the minor;
(14) whether the minor was left under the
supervision of another person;
(15) any other factor that would endanger the
health and safety of that particular minor; or
(e) any minor who has been provided with interim
crisis intervention services under Section 3-5 of this Act
and whose parent, guardian, or custodian refuses to permit
the minor to return home unless the minor is an immediate
physical danger to the minor or others living in the home.

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A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
(1.5) A minor shall not be considered neglected for the
sole reason that the minor's parent or other person
responsible for the minor's welfare permits the minor to
engage in independent activities unless the minor was
permitted to engage in independent activities under
circumstances presenting unreasonable risk of harm to the
minor's mental or physical health, safety, or well-being.
"Independent activities" includes, but is not limited to:
(a) traveling to and from school, including by
walking, running, or bicycling;
(b) traveling to and from nearby commercial or
recreational facilities;
(c) engaging in outdoor play;
(d) remaining in a vehicle unattended, except as
otherwise provided by law;
(e) remaining at home or at a similarly appropriate
location unattended; or
(f) engaging in a similar independent activity alone
or with other children.
In determining whether an independent activity presented
unreasonable risk of harm, the court shall consider:
(1) whether the activity is accepted as suitable for
minors of the same age, maturity level, and developmental

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capacity as the involved minor;
(2) the factors listed in items (1) through (15) of
paragraph (d) of subsection (1); and
(3) any other factor the court deems relevant.
(2) Those who are abused include any minor under 18 years
of age or a minor 18 years of age or older for whom the court
has made a finding of probable cause to believe that the minor
is abused, neglected, or dependent under subsection (1) of
Section 2-10 prior to the minor's 18th birthday whose parent
or immediate family member, or any person responsible for the
minor's welfare, or any person who is in the same family or
household as the minor, or any individual residing in the same
home as the minor, or a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;
(iii) commits or allows to be committed any sex
offense against such minor, as such sex offenses are
defined in the Criminal Code of 1961 or the Criminal Code

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of 2012, or in the Wrongs to Children Act, and extending
those definitions of sex offenses to include minors under
18 years of age;
(iv) commits or allows to be committed an act or acts
of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 1961 or the Criminal Code of
2012, upon such minor; or
(vii) allows, encourages, or requires a minor to
commit any act of prostitution, as defined in the Criminal
Code of 1961 or the Criminal Code of 2012, and extending
those definitions to include minors under 18 years of age.
A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for the minor or , the minor's parents,
guardian, or custodian.
(4) The changes made by Public Act 101-79 this amendatory
Act of the 101st General Assembly apply to a case that is
pending on or after July 12, 2019 (the effective date of Public
Act 101-79) this amendatory Act of the 101st General Assembly.

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(5) The changes made by this amendatory Act of the 103rd
General Assembly apply to a petition that is filed on or after
January 1, 2025.
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
revised 8-30-23.)
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules of
evidence in the nature of civil proceedings in this State are
applicable to proceedings under this Article. If the petition
also seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29,
the court may also consider legally admissible evidence at the
adjudicatory hearing that one or more grounds of unfitness
exists under subdivision D of Section 1 of the Adoption Act.
(2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
(a) proof that a minor has a medical diagnosis of
battered child syndrome is prima facie evidence of abuse;
(b) proof that a minor has a medical diagnosis of
failure to thrive syndrome is prima facie evidence of
neglect;

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(c) (blank) proof that a minor has a medical diagnosis
of fetal alcohol syndrome is prima facie evidence of
neglect;
(d) (blank) proof that a minor has a medical diagnosis
at birth of withdrawal symptoms from narcotics or
barbiturates is prima facie evidence of neglect;
(e) proof of injuries sustained by a minor or of the
condition of a minor of such a nature as would ordinarily
not be sustained or exist except by reason of the acts or
omissions of the parent, custodian or guardian of such
minor shall be prima facie evidence of abuse or neglect,
as the case may be;
(f) proof that a parent, custodian or guardian of a
minor repeatedly used a drug, to the extent that it has or
would ordinarily have the effect of producing in the user
a substantial state of stupor, unconsciousness,
intoxication, hallucination, disorientation or
incompetence, or a substantial impairment of judgment, or
a substantial manifestation of irrationality, shall be
prima facie evidence of neglect;
(g) proof that a parent, custodian, or guardian of a
minor repeatedly used a controlled substance, as defined
in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, in the presence of the minor or
a sibling of the minor is prima facie evidence of neglect.
"Repeated use", for the purpose of this subsection, means

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more than one use of a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act;
(h) (blank) proof that a newborn infant's blood,
urine, or meconium contains any amount of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act, or a metabolite of
a controlled substance, with the exception of controlled
substances or metabolites of those substances, the
presence of which is the result of medical treatment
administered to the mother or the newborn, is prime facie
evidence of neglect;
(i) proof that a minor was present in a structure or
vehicle in which the minor's parent, custodian, or
guardian was involved in the manufacture of
methamphetamine constitutes prima facie evidence of abuse
and neglect;
(j) proof that a parent, custodian, or guardian of a
minor allows, encourages, or requires a minor to perform,
offer, or agree to perform any act of sexual penetration
as defined in Section 11-0.1 of the Criminal Code of 2012
for any money, property, token, object, or article or
anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value,
for the purpose of sexual arousal or gratification,

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constitutes prima facie evidence of abuse and neglect;
(k) proof that a parent, custodian, or guardian of a
minor commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 1961 or the Criminal Code of
2012, upon such minor, constitutes prima facie evidence of
abuse and neglect.
(3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible
evidence on the issue of the abuse, neglect or dependency of
any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of an
entry in a book or otherwise, made as a memorandum or record of
any condition, act, transaction, occurrence or event relating
to a minor in an abuse, neglect or dependency proceeding,
shall be admissible in evidence as proof of that condition,
act, transaction, occurrence or event, if the court finds that
the document was made in the regular course of the business of
the hospital or agency at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A
certification by the head or responsible employee or agent of
the hospital or agency having knowledge of the creation and
maintenance of or of the matters stated in the writing,
record, photograph or x-ray attesting that the document is the

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full and complete record of the condition, act, transaction,
occurrence or event and that it satisfies the conditions of
this paragraph shall be prima facie evidence of the facts
contained in such certification. All other circumstances of
the making of the memorandum, record, photograph or x-ray,
including lack of personal knowledge of the maker, may be
proved to affect the weight to be accorded such evidence, but
shall not affect its admissibility.
(b) Any indicated report filed pursuant to the Abused and
Neglected Child Reporting Act shall be admissible in evidence.
(c) Previous statements made by the minor relating to any
allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and
not subject to cross-examination, shall be sufficient in
itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor
is competent to testify in abuse or neglect proceedings. The
court shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers with
only the court, the court reporter and attorneys for the
parties present.
(e) The privileged character of communication between any
professional person and patient or client, except privilege
between attorney and client, shall not apply to proceedings
subject to this Article.
(f) Proof of the impairment of emotional health or

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impairment of mental or emotional condition as a result of the
failure of the respondent to exercise a minimum degree of care
toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment lessened
during a period when the minor was in the care, custody or
supervision of a person or agency other than the respondent.
(5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under the
School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that
a minor who is 13 years of age or older who is subject to
compulsory school attendance under the School Code is a
chronic truant shall raise a rebuttable presumption of neglect
by the parent or guardian. This subsection (5) shall not apply
in counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take
judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in
admitting hearsay evidence at a hearing where it would
otherwise be prohibited.

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(7) The changes made by this amendatory Act of the 103rd
General Assembly apply to a petition that is filed on or after
January 1, 2025.
(Source: P.A. 103-124, eff. 1-1-24.)
Section 120. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, 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 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

HB5041 - 30 - LRB103 36588 KTG 66697 b
Records 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.
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

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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

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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).
(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

HB5041 - 33 - LRB103 36588 KTG 66697 b
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; (7) aggravated battery of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (8) any violation of Section
11-1.20 or Section 12-13 of the Criminal Code of 1961 or
the Criminal Code of 2012; (9) any violation of subsection
(a) of Section 11-1.50 or Section 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012; (10) any
violation of Section 11-9.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (11) any violation of
Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012; or (12) an offense in any other
state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at

HB5041 - 34 - LRB103 36588 KTG 66697 b
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

HB5041 - 35 - LRB103 36588 KTG 66697 b
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

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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) (Blank).
(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

HB5041 - 37 - LRB103 36588 KTG 66697 b
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 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

HB5041 - 38 - LRB103 36588 KTG 66697 b
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

HB5041 - 39 - LRB103 36588 KTG 66697 b
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

HB5041 - 40 - LRB103 36588 KTG 66697 b
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) (Blank). 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

HB5041 - 41 - LRB103 36588 KTG 66697 b
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.
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

HB5041 - 42 - LRB103 36588 KTG 66697 b
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. (Blank).
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. (Blank).
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

HB5041 - 43 - LRB103 36588 KTG 66697 b
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

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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.

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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 the 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

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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

HB5041 - 47 - LRB103 36588 KTG 66697 b
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.
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

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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.
FF. "Youth in care" has the meaning provided in Section 4d
of the Children and Family Services Act.
The changes made by this amendatory Act of the 103rd
General Assembly apply to a petition that is filed on or after
January 1, 2025.
(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
Section 999. Effective date. This Section, Sections 1
through 35, Section 105, and Section 110 take effect upon
becoming law.
HB5041 - 49 - LRB103 36588 KTG 66697 b
INDEX
Statutes amended in order of appearance