Bill Text: IL HB5551 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children and Family Services Act. Expands the definition of "fictive kin" to include any individual, unrelated by birth or marriage, who is the foster parent of a child in the custody or guardianship of the Department of Children and Family Services, has established a significant and family-like relationship with the child, and has been identified by the Department as the child's permanent connection, as defined by rule by the Department.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2016-08-19 - Public Act . . . . . . . . . 99-0836 [HB5551 Detail]

Download: Illinois-2015-HB5551-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Sections 6a and 7 as follows:
(20 ILCS 505/6a) (from Ch. 23, par. 5006a)
Sec. 6a. Case Plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety, reunify the family if
temporary placement is necessary when safe and appropriate, or
move the child toward the most permanent living arrangement and
permanent legal status. Such case plan shall provide for the
utilization of family preservation services as defined in
Section 8.2 of the Abused and Neglected Child Reporting Act.
Such case plan shall be reviewed and updated every 6 months.
The Department shall ensure that incarcerated parents are able
to participate in case plan reviews via teleconference or
videoconference. Where appropriate, the case plan shall
include recommendations concerning alcohol or drug abuse

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evaluation.
If the parent is incarcerated, the case plan must address
the tasks that must be completed by the parent and how the
parent will participate in the administrative case review and
permanency planning hearings and, wherever possible, must
include treatment that reflects the resources available at the
facility where the parent is confined. The case plan must
provide for visitation opportunities, unless visitation is not
in the best interests of the child.
(b) The Department may enter into written agreements with
child welfare agencies to establish and implement case plan
demonstration projects. The demonstration projects shall
require that service providers develop, implement, review and
update client case plans. The Department shall examine the
effectiveness of the demonstration projects in promoting the
family reunification or the permanent placement of each client
and shall report its findings to the General Assembly no later
than 90 days after the end of the fiscal year in which any such
demonstration project is implemented.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and

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custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
(b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a

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minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the child
to be cared for in a home environment. The Department must
document its efforts to identify, locate, and provide notice to
such potential relative placements and maintain the
documentation in the child's case file.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and

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locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses

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under the Criminal Code of 1961 or the Criminal Code of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;

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(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall

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include 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,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "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 children who have been in the guardianship of the
Department, have been adopted, and are subsequently returned to
the temporary custody or guardianship of the Department, a
"relative" may also include any person who would have qualified
as a relative under this paragraph prior to the adoption, but
only if the Department determines, and documents, that it would
be in the child's best interests to consider this person a
relative, based upon the factors for determining best interests
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.

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Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with the
fictive kin, or fails to meet the standard for licensure. All
other requirements established under the rules and procedures
of the Department concerning the placement of a child, for whom
the Department is legally responsible, with a relative shall
apply. By June 1, 2015, the Department shall promulgate rules
establishing criteria and standards for placement,
identification, and licensure of fictive kin.
For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who:
(i) is shown to have close personal or emotional ties
with the child or the child's family prior to the child's
placement with the individual; or
(ii) is the current foster parent of a child in the
custody or guardianship of the Department pursuant to this
Act and the Juvenile Court Act of 1987, if the child has
been placed in the home for at least one year and has
established a significant and family-like relationship
with the foster parent, and the foster parent has been

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identified by the Department as the child's permanent
connection, as defined by Department rule.
The provisions added to this subsection (b) by Public Act
98-846 this amendatory Act of the 98th General Assembly shall
become operative on and after June 1, 2015.
(c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that

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reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
To the extent that doing so is in the child's best interests as
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987, the Department should consider placements
that will permit the child to maintain a meaningful
relationship with his or her parents.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

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99-340, eff. 1-1-16; revised 10-19-15.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 2-13 as follows:
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition and
all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements may
be made upon information and belief. It shall allege that the
minor is abused, neglected, or dependent, with citations to the
appropriate provisions of this Act, and set forth (a) facts
sufficient to bring the minor under Section 2-3 or 2-4 and to
inform respondents of the cause of action, including, but not
limited to, a plain and concise statement of the factual
allegations that form the basis for the filing of the petition;
(b) the name, age and residence of the minor; (c) the names and
residences of his parents; (d) the name and residence of his
legal guardian or the person or persons having custody or
control of the minor, or of the nearest known relative if no

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parent or guardian can be found; and (e) if the minor upon
whose behalf the petition is brought is sheltered in custody,
the date on which such temporary custody was ordered by the
court or the date set for a temporary custody hearing. If any
of the facts herein required are not known by the petitioner,
the petition shall so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged a
ward of the court and may pray generally for relief available
under this Act. The petition need not specify any proposed
disposition following adjudication of wardship. The petition
may request that the minor remain in the custody of the parent,
guardian, or custodian under an Order of Protection.
(4) If termination of parental rights and appointment of a
guardian of the person with power to consent to adoption of the
minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents could
permanently lose their rights as a parent at this hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and appointment
of a guardian of the person with power to consent to adoption
of the minor under Section 2-29 at any time after the entry of
a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition
to terminate parental rights is contrary to the child's best

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interests, with With respect to any minors committed to its
care pursuant to this Act, the Department of Children and
Family Services shall request the State's Attorney to file a
petition or motion for termination of parental rights and
appointment of guardian of the person with power to consent to
adoption of the minor under Section 2-29 if:
(i) a minor has been in foster care, as described in
subsection (b), for 15 months of the most recent 22 months;
or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of (A) first
degree murder or second degree murder of any child, (B)
attempt or conspiracy to commit first degree murder or
second degree murder of any child, (C) solicitation to
commit murder of any child, solicitation to commit murder
for hire of any child, or solicitation to commit second
degree murder of any child, (D) aggravated battery,
aggravated battery of a child, or felony domestic battery,
any of which has resulted in serious injury to the minor or
a sibling of the minor, (E) aggravated criminal sexual
assault in violation of subdivision (a)(1) of Section
11-1.40 or subdivision (a)(1) of Section 12-14.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, or (F)
an offense in any other state the elements of which are

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similar and bear a substantial relationship to any of the
foregoing offenses.
unless:
(a-1) For purposes of this subsection (4.5), good cause
exists in the following circumstances:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan a
compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) the parent is incarcerated, or the parent's prior
incarceration is a significant factor in why the child has
been in foster care for 15 months out of any 22-month
period, the parent maintains a meaningful role in the
child's life, and the Department has not documented another
reason why it would otherwise be appropriate to file a
petition to terminate parental rights pursuant to this
Section and the Adoption Act. The assessment of whether an
incarcerated parent maintains a meaningful role in the
child's life may include consideration of the following:
paragraph (c) of this subsection (4.5) provides otherwise.
(A) the child's best interest;
(B) the parent's expressions or acts of
manifesting concern for the child, such as letters,

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telephone calls, visits, and other forms of
communication with the child and the impact of the
communication on the child;
(C) the parent's efforts to communicate with and
work with the Department for the purpose of complying
with the service plan and repairing, maintaining, or
building the parent-child relationship; or
(D) limitations in the parent's access to family
support programs, therapeutic services, visiting
opportunities, telephone and mail services, and
meaningful participation in court proceedings.
(b) For purposes of this subsection, the date of entering
foster care is defined as the earlier of:
(1) The date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or
(2) 60 days after the date on which the child is
removed from his or her parent, guardian, or legal
custodian.
(c) (Blank). With respect to paragraph (a)(i), the
following transition rules shall apply:
(1) If the child entered foster care after November 19,
1997 and this amendatory Act of 1998 takes effect before
the child has been in foster care for 15 months of the
preceding 22 months, then the Department shall comply with
the requirements of paragraph (a) of this subsection (4.5)

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for that child as soon as the child has been in foster care
for 15 of the preceding 22 months.
(2) If the child entered foster care after November 19,
1997 and this amendatory Act of 1998 takes effect after the
child has been in foster care for 15 of the preceding 22
months, then the Department shall comply with the
requirements of paragraph (a) of this subsection (4.5) for
that child within 3 months after the end of the next
regular session of the General Assembly.
(3) If the child entered foster care prior to November
19, 1997, then the Department shall comply with the
requirements of paragraph (a) of this subsection (4.5) for
that child in accordance with Department policy or rule.
(d) (Blank). If the State's Attorney determines that the
Department's request for filing of a petition or motion
conforms to the requirements set forth in subdivisions (a),
(b), and (c) of this subsection (4.5), then the State's
Attorney shall file the petition or motion as requested.
(5) The court shall liberally allow the petitioner to amend
the petition to set forth a cause of action or to add, amend,
or supplement factual allegations that form the basis for a
cause of action up until 14 days before the adjudicatory
hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants leave
to amend upon a showing of good cause. The court may allow
amendment of the petition to conform with the evidence at any

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time prior to ruling. In all cases in which the court has
granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an adequate
opportunity to prepare a defense to the amended petition.
(6) At any time before dismissal of the petition or before
final closing and discharge under Section 2-31, one or more
motions in the best interests of the minor may be filed. The
motion shall specify sufficient facts in support of the relief
requested.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 15. 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

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person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital Records
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.

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(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

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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 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

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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

HB5551 Engrossed - 23 - LRB099 20520 KTG 45052 b
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

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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

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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). 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

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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, the Illinois Parentage Act of 2015, or the law of the
jurisdiction of the child's birth within 30 days of being

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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

HB5551 Engrossed - 28 - LRB099 20520 KTG 45052 b
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).

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(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
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

HB5551 Engrossed - 30 - LRB099 20520 KTG 45052 b
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.
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

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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. (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.

HB5551 Engrossed - 32 - LRB099 20520 KTG 45052 b
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
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;

HB5551 Engrossed - 33 - LRB099 20520 KTG 45052 b
(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

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sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
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

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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. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
denial of paternity pursuant to Section 12 of the Vital
Records Act or a waiver pursuant to Section 10 of this Act;
or
(2) because his paternity of the child has been
established pursuant to the Illinois Parentage Act, the
Illinois Parentage Act of 1984, or the Gestational
Surrogacy Act; or
(3) because he is listed as the child's father or
parent on the child's birth certificate, unless he is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child or unless he
rescinds his acknowledgment of paternity pursuant to the

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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

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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 ward of the Department, that
occurs after a placement disruption or an adoption dissolution.
"Secondary placement" does not mean secondary placements
arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.
DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, counseling for
emotional, behavioral, or developmental needs.
(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised
8-4-15.)