Bill Text: IL HB5551 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Sections 6a and 7 as follows:
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6 | (20 ILCS 505/6a) (from Ch. 23, par. 5006a)
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7 | Sec. 6a. Case Plan.
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8 | (a) With respect to each Department client for whom the | ||||||
9 | Department is
providing placement service, the Department | ||||||
10 | shall develop a case plan designed
to stabilize the family | ||||||
11 | situation and prevent placement of a child outside the
home of | ||||||
12 | the family when the child can be cared for at home without | ||||||
13 | endangering
the child's health or safety, reunify the family if | ||||||
14 | temporary placement is
necessary when safe and appropriate, or | ||||||
15 | move the child toward the most
permanent living arrangement and | ||||||
16 | permanent legal status. Such case plan shall
provide for the | ||||||
17 | utilization of family preservation services as defined in
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18 | Section 8.2 of the Abused and Neglected Child Reporting Act. | ||||||
19 | Such case plan
shall be reviewed and updated every 6 months. | ||||||
20 | The Department shall ensure that incarcerated parents are able | ||||||
21 | to participate in case plan reviews via teleconference or | ||||||
22 | videoconference. Where appropriate, the case plan
shall | ||||||
23 | include recommendations concerning alcohol or drug abuse |
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1 | evaluation.
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2 | If the parent is incarcerated, the case plan must address | ||||||
3 | the tasks that must be completed by the parent and how the | ||||||
4 | parent will participate in the administrative case review and | ||||||
5 | permanency planning hearings and, wherever possible, must | ||||||
6 | include treatment that reflects the resources available at the | ||||||
7 | facility where the parent is confined. The case plan must | ||||||
8 | provide for visitation opportunities, unless visitation is not | ||||||
9 | in the best interests of the child. | ||||||
10 | (b) The Department may enter into written agreements with | ||||||
11 | child
welfare agencies to establish and implement case
plan | ||||||
12 | demonstration projects. The demonstration projects shall | ||||||
13 | require that
service providers develop, implement, review and | ||||||
14 | update client case plans.
The Department shall examine the | ||||||
15 | effectiveness of the demonstration
projects in promoting the | ||||||
16 | family reunification or the permanent placement
of each client | ||||||
17 | and shall report its findings to the General Assembly no
later | ||||||
18 | than 90 days after the end of the fiscal year in which any such
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19 | demonstration project is implemented.
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20 | (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||||||
21 | 90-443);
90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
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22 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
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23 | Sec. 7. Placement of children; considerations.
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24 | (a) In placing any child under this Act, the Department | ||||||
25 | shall place the
child, as far as possible, in the care and |
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1 | custody of some individual
holding the same religious belief as | ||||||
2 | the parents of the child, or with some
child care facility | ||||||
3 | which is operated by persons of like religious faith as
the | ||||||
4 | parents of such child.
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5 | (a-5) In placing a child under this Act, the Department | ||||||
6 | shall place the child with the child's
sibling or siblings | ||||||
7 | under Section 7.4 of this Act unless the placement is not in | ||||||
8 | each child's best
interest, or is otherwise not possible under | ||||||
9 | the Department's rules. If the child is not
placed with a | ||||||
10 | sibling under the Department's rules, the Department shall | ||||||
11 | consider
placements that are likely to develop, preserve, | ||||||
12 | nurture, and support sibling relationships, where
doing so is | ||||||
13 | in each child's best interest. | ||||||
14 | (b) In placing a child under this Act, the Department may | ||||||
15 | place a child
with a relative if the Department determines that | ||||||
16 | the relative
will be able to adequately provide for the child's | ||||||
17 | safety and welfare based on the factors set forth in the | ||||||
18 | Department's rules governing relative placements, and that the | ||||||
19 | placement is consistent with the child's best interests, taking | ||||||
20 | into consideration the factors set out in subsection (4.05) of | ||||||
21 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
22 | When the Department first assumes custody of a child, in | ||||||
23 | placing that child under this Act, the Department shall make | ||||||
24 | reasonable efforts to identify, locate, and provide notice to | ||||||
25 | all adult grandparents and other adult relatives of the child | ||||||
26 | who are ready, willing, and able to care for the child. At a |
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1 | minimum, these efforts shall be renewed each time the child | ||||||
2 | requires a placement change and it is appropriate for the child | ||||||
3 | to be cared for in a home environment. The Department must | ||||||
4 | document its efforts to identify, locate, and provide notice to | ||||||
5 | such potential relative placements and maintain the | ||||||
6 | documentation in the child's case file. | ||||||
7 | If the Department determines that a placement with any | ||||||
8 | identified relative is not in the child's best interests or | ||||||
9 | that the relative does not meet the requirements to be a | ||||||
10 | relative caregiver, as set forth in Department rules or by | ||||||
11 | statute, the Department must document the basis for that | ||||||
12 | decision and maintain the documentation in the child's case | ||||||
13 | file.
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14 | If, pursuant to the Department's rules, any person files an | ||||||
15 | administrative appeal of the Department's decision not to place | ||||||
16 | a child with a relative, it is the Department's burden to prove | ||||||
17 | that the decision is consistent with the child's best | ||||||
18 | interests. | ||||||
19 | When the Department determines that the child requires | ||||||
20 | placement in an environment, other than a home environment, the | ||||||
21 | Department shall continue to make reasonable efforts to | ||||||
22 | identify and locate relatives to serve as visitation resources | ||||||
23 | for the child and potential future placement resources, except | ||||||
24 | when the Department determines that those efforts would be | ||||||
25 | futile or inconsistent with the child's best interests. | ||||||
26 | If the Department determines that efforts to identify and |
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1 | locate relatives would be futile or inconsistent with the | ||||||
2 | child's best interests, the Department shall document the basis | ||||||
3 | of its determination and maintain the documentation in the | ||||||
4 | child's case file. | ||||||
5 | If the Department determines that an individual or a group | ||||||
6 | of relatives are inappropriate to serve as visitation resources | ||||||
7 | or possible placement resources, the Department shall document | ||||||
8 | the basis of its determination and maintain the documentation | ||||||
9 | in the child's case file. | ||||||
10 | When the Department determines that an individual or a | ||||||
11 | group of relatives are appropriate to serve as visitation | ||||||
12 | resources or possible future placement resources, the | ||||||
13 | Department shall document the basis of its determination, | ||||||
14 | maintain the documentation in the child's case file, create a | ||||||
15 | visitation or transition plan, or both, and incorporate the | ||||||
16 | visitation or transition plan, or both, into the child's case | ||||||
17 | plan. For the purpose of this subsection, any determination as | ||||||
18 | to the child's best interests shall include consideration of | ||||||
19 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
20 | Juvenile Court Act of 1987.
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21 | The Department may not place a child with a relative, with | ||||||
22 | the exception of
certain circumstances which may be waived as | ||||||
23 | defined by the Department in
rules, if the results of a check | ||||||
24 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
25 | a prior criminal conviction of the relative or
any adult member | ||||||
26 | of the relative's household for any of the following offenses
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1 | under the Criminal Code of 1961 or the Criminal Code of 2012:
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2 | (1) murder;
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3 | (1.1) solicitation of murder;
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4 | (1.2) solicitation of murder for hire;
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5 | (1.3) intentional homicide of an unborn child;
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6 | (1.4) voluntary manslaughter of an unborn child;
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7 | (1.5) involuntary manslaughter;
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8 | (1.6) reckless homicide;
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9 | (1.7) concealment of a homicidal death;
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10 | (1.8) involuntary manslaughter of an unborn child;
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11 | (1.9) reckless homicide of an unborn child;
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12 | (1.10) drug-induced homicide;
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13 | (2) a sex offense under Article 11, except offenses | ||||||
14 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
15 | 11-40, and 11-45;
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16 | (3) kidnapping;
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17 | (3.1) aggravated unlawful restraint;
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18 | (3.2) forcible detention;
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19 | (3.3) aiding and abetting child abduction;
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20 | (4) aggravated kidnapping;
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21 | (5) child abduction;
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22 | (6) aggravated battery of a child as described in | ||||||
23 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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24 | (7) criminal sexual assault;
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25 | (8) aggravated criminal sexual assault;
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26 | (8.1) predatory criminal sexual assault of a child;
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1 | (9) criminal sexual abuse;
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2 | (10) aggravated sexual abuse;
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3 | (11) heinous battery as described in Section 12-4.1 or | ||||||
4 | subdivision (a)(2) of Section 12-3.05;
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5 | (12) aggravated battery with a firearm as described in | ||||||
6 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
7 | (e)(4) of Section 12-3.05;
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8 | (13) tampering with food, drugs, or cosmetics;
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9 | (14) drug-induced infliction of great bodily harm as | ||||||
10 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
11 | Section 12-3.05;
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12 | (15) aggravated stalking;
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13 | (16) home invasion;
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14 | (17) vehicular invasion;
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15 | (18) criminal transmission of HIV;
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16 | (19) criminal abuse or neglect of an elderly person or | ||||||
17 | person with a disability as described in Section 12-21 or | ||||||
18 | subsection (b) of Section 12-4.4a;
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19 | (20) child abandonment;
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20 | (21) endangering the life or health of a child;
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21 | (22) ritual mutilation;
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22 | (23) ritualized abuse of a child;
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23 | (24) an offense in any other state the elements of | ||||||
24 | which are similar and
bear a substantial relationship to | ||||||
25 | any of the foregoing offenses.
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26 | For the purpose of this subsection, "relative" shall |
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1 | include
any person, 21 years of age or over, other than the | ||||||
2 | parent, who (i) is
currently related to the child in any of the | ||||||
3 | following ways by blood or
adoption: grandparent, sibling, | ||||||
4 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
5 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
6 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
7 | step-father, step-mother, or adult
step-brother or | ||||||
8 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
9 | a person related in any
of the foregoing ways to a sibling of a | ||||||
10 | child, even though the person is not
related to the child, when | ||||||
11 | the
child and its sibling are placed together with that person. | ||||||
12 | For children who have been in the guardianship of the | ||||||
13 | Department, have been adopted, and are subsequently returned to | ||||||
14 | the temporary custody or guardianship of the Department, a | ||||||
15 | "relative" may also include any person who would have qualified | ||||||
16 | as a relative under this paragraph prior to the adoption, but | ||||||
17 | only if the Department determines, and documents, that it would | ||||||
18 | be in the child's best interests to consider this person a | ||||||
19 | relative, based upon the factors for determining best interests | ||||||
20 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
21 | Court Act of 1987. A relative with
whom a child is placed | ||||||
22 | pursuant to this subsection may, but is not required to,
apply | ||||||
23 | for licensure as a foster family home pursuant to the Child | ||||||
24 | Care Act of
1969; provided, however, that as of July 1, 1995, | ||||||
25 | foster care payments shall be
made only to licensed foster | ||||||
26 | family homes pursuant to the terms of Section 5 of
this Act.
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1 | Notwithstanding any other provision under this subsection | ||||||
2 | to the contrary, a fictive kin with whom a child is placed | ||||||
3 | pursuant to this subsection shall apply for licensure as a | ||||||
4 | foster family home pursuant to the Child Care Act of 1969 | ||||||
5 | within 6 months of the child's placement with the fictive kin. | ||||||
6 | The Department shall not remove a child from the home of a | ||||||
7 | fictive kin on the basis that the fictive kin fails to apply | ||||||
8 | for licensure within 6 months of the child's placement with the | ||||||
9 | fictive kin, or fails to meet the standard for licensure. All | ||||||
10 | other requirements established under the rules and procedures | ||||||
11 | of the Department concerning the placement of a child, for whom | ||||||
12 | the Department is legally responsible, with a relative shall | ||||||
13 | apply. By June 1, 2015, the Department shall promulgate rules | ||||||
14 | establishing criteria and standards for placement, | ||||||
15 | identification, and licensure of fictive kin. | ||||||
16 | For purposes of this subsection, "fictive kin" means any | ||||||
17 | individual, unrelated by birth or marriage, who : | ||||||
18 | (i) is shown to have close personal or emotional ties | ||||||
19 | with the child or the child's family prior to the child's | ||||||
20 | placement with the individual ; or | ||||||
21 | (ii) is the current foster parent of a child in the | ||||||
22 | custody or guardianship of the Department pursuant to this | ||||||
23 | Act and the Juvenile Court Act of 1987, if the child has | ||||||
24 | been placed in the home for at least one year and has | ||||||
25 | established a significant and family-like relationship | ||||||
26 | with the foster parent, and the foster parent has been |
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1 | identified by the Department as the child's permanent | ||||||
2 | connection, as defined by Department rule . | ||||||
3 | The provisions added to this subsection (b) by Public Act | ||||||
4 | 98-846 this amendatory Act of the 98th General Assembly shall | ||||||
5 | become operative on and after June 1, 2015. | ||||||
6 | (c) In placing a child under this Act, the Department shall | ||||||
7 | ensure that
the child's health, safety, and best interests are | ||||||
8 | met.
In rejecting placement of a child with an identified | ||||||
9 | relative, the Department shall ensure that the child's health, | ||||||
10 | safety, and best interests are met. In evaluating the best | ||||||
11 | interests of the child, the Department shall take into | ||||||
12 | consideration the factors set forth in subsection (4.05) of | ||||||
13 | Section 1-3 of the Juvenile Court Act of 1987.
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14 | The Department shall consider the individual needs of the
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15 | child and the capacity of the prospective foster or adoptive
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16 | parents to meet the needs of the child. When a child must be | ||||||
17 | placed
outside his or her home and cannot be immediately | ||||||
18 | returned to his or her
parents or guardian, a comprehensive, | ||||||
19 | individualized assessment shall be
performed of that child at | ||||||
20 | which time the needs of the child shall be
determined. Only if | ||||||
21 | race, color, or national origin is identified as a
legitimate | ||||||
22 | factor in advancing the child's best interests shall it be
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23 | considered. Race, color, or national origin shall not be | ||||||
24 | routinely
considered in making a placement decision. The | ||||||
25 | Department shall make
special
efforts for the diligent | ||||||
26 | recruitment of potential foster and adoptive families
that |
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1 | reflect the ethnic and racial diversity of the children for | ||||||
2 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
3 | shall include contacting and
working with community | ||||||
4 | organizations and religious organizations and may
include | ||||||
5 | contracting with those organizations, utilizing local media | ||||||
6 | and other
local resources, and conducting outreach activities.
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7 | (c-1) At the time of placement, the Department shall | ||||||
8 | consider concurrent
planning, as described in subsection (l-1) | ||||||
9 | of Section 5, so that permanency may
occur at the earliest | ||||||
10 | opportunity. Consideration should be given so that if
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11 | reunification fails or is delayed, the placement made is the | ||||||
12 | best available
placement to provide permanency for the child. | ||||||
13 | To the extent that doing so is in the child's best interests as | ||||||
14 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
15 | Court Act of 1987, the Department should consider placements | ||||||
16 | that will permit the child to maintain a meaningful | ||||||
17 | relationship with his or her parents.
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18 | (d) The Department may accept gifts, grants, offers of | ||||||
19 | services, and
other contributions to use in making special | ||||||
20 | recruitment efforts.
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21 | (e) The Department in placing children in adoptive or | ||||||
22 | foster care homes
may not, in any policy or practice relating | ||||||
23 | to the placement of children for
adoption or foster care, | ||||||
24 | discriminate against any child or prospective adoptive
or | ||||||
25 | foster parent on the basis of race.
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26 | (Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15; |
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1 | 99-340, eff. 1-1-16; revised 10-19-15.)
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2 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
3 | changing Section 2-13 as follows:
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4 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
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5 | Sec. 2-13. Petition.
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6 | (1) Any adult person, any agency or association by its
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7 | representative may file, or the court on its own motion, | ||||||
8 | consistent with the
health, safety and best interests of the | ||||||
9 | minor may direct the
filing through the State's Attorney of a | ||||||
10 | petition in respect of a minor
under this Act. The petition and | ||||||
11 | all subsequent court documents shall be
entitled "In the | ||||||
12 | interest of ...., a minor".
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13 | (2) The petition shall be verified but the statements may | ||||||
14 | be made
upon information and belief. It shall allege that the | ||||||
15 | minor is
abused, neglected, or dependent, with citations to the | ||||||
16 | appropriate
provisions of this Act,
and set forth (a) facts | ||||||
17 | sufficient to bring the minor
under Section 2-3 or 2-4 and to | ||||||
18 | inform respondents of the cause of action,
including, but not | ||||||
19 | limited to, a plain and concise statement of the factual
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20 | allegations that form the basis for the filing of the petition; | ||||||
21 | (b) the name,
age and residence of the minor; (c) the names and | ||||||
22 | residences of his parents;
(d) the name and residence of his
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23 | legal guardian or the person or persons having custody or | ||||||
24 | control of the
minor, or of the nearest known relative if no |
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1 | parent or guardian can be
found; and (e) if the minor upon | ||||||
2 | whose behalf the petition is brought is
sheltered in custody, | ||||||
3 | the date on which such temporary custody
was ordered by the
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4 | court or the date set for a temporary custody hearing. If any | ||||||
5 | of the facts
herein required are not known by the petitioner, | ||||||
6 | the petition shall so
state.
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7 | (3) The petition must allege that it is in the best | ||||||
8 | interests of the
minor and of the public that he be adjudged a | ||||||
9 | ward of the court and may
pray generally for relief available | ||||||
10 | under this Act. The petition need
not specify any proposed | ||||||
11 | disposition following adjudication of wardship. The petition | ||||||
12 | may request that the minor remain in the custody of the parent, | ||||||
13 | guardian, or custodian under an Order of Protection.
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14 | (4) If termination of parental rights and appointment of a | ||||||
15 | guardian of the
person with power to consent to adoption of the | ||||||
16 | minor under Section 2-29 is
sought, the petition shall so | ||||||
17 | state. If the petition includes this request,
the prayer for | ||||||
18 | relief shall clearly and obviously state that the parents could
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19 | permanently lose their rights as a parent at this hearing.
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20 | In addition to the foregoing, the petitioner, by motion, | ||||||
21 | may request the
termination of parental rights and appointment | ||||||
22 | of a guardian of the person with
power to consent to adoption | ||||||
23 | of the minor under Section 2-29 at any time after
the entry of | ||||||
24 | a dispositional order under Section 2-22.
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25 | (4.5) (a) Unless good cause exists that filing a petition | ||||||
26 | to terminate parental rights is contrary to the child's best |
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1 | interests, with With respect to any minors committed to its | ||||||
2 | care pursuant to
this Act, the Department of Children and | ||||||
3 | Family Services shall request the
State's Attorney to file a | ||||||
4 | petition or motion for termination of parental
rights and | ||||||
5 | appointment of guardian of the person with power to consent to
| ||||||
6 | adoption of the minor under Section 2-29 if:
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7 | (i) a minor has been in foster care, as described in | ||||||
8 | subsection (b), for
15 months of the most recent 22 months; | ||||||
9 | or
| ||||||
10 | (ii) a minor under the age of 2 years has been | ||||||
11 | previously determined to be
abandoned at an adjudicatory | ||||||
12 | hearing; or
| ||||||
13 | (iii) the parent is criminally convicted of (A) first | ||||||
14 | degree murder or
second degree murder of any child, (B) | ||||||
15 | attempt or conspiracy to commit first
degree murder or | ||||||
16 | second degree murder of any child, (C) solicitation to | ||||||
17 | commit
murder of any child, solicitation to commit murder | ||||||
18 | for hire of any child, or
solicitation to
commit second | ||||||
19 | degree murder of any child, (D)
aggravated battery, | ||||||
20 | aggravated battery of a child, or felony domestic battery,
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21 | any of which has resulted in serious injury to the minor or | ||||||
22 | a sibling of the
minor, (E) aggravated criminal sexual | ||||||
23 | assault in
violation of subdivision (a)(1) of Section | ||||||
24 | 11-1.40 or subdivision (a)(1) of Section 12-14.1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012,
or
(F) | ||||||
26 | an offense in any other state the elements of which are |
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1 | similar and bear a
substantial relationship to any of the | ||||||
2 | foregoing offenses .
| ||||||
3 | unless:
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4 | (a-1) For purposes of this subsection (4.5), good cause | ||||||
5 | exists in the following circumstances:
| ||||||
6 | (i) the child
is being cared for by a relative,
| ||||||
7 | (ii) the Department has documented in the
case plan a | ||||||
8 | compelling reason for determining that filing such | ||||||
9 | petition would
not be in the best interests of the child,
| ||||||
10 | (iii) the court has found within the
preceding 12 | ||||||
11 | months that the Department has failed to make reasonable | ||||||
12 | efforts
to reunify the child and family, or
| ||||||
13 | (iv) the parent is incarcerated, or the parent's prior | ||||||
14 | incarceration is a significant factor in why the child has | ||||||
15 | been in foster care for 15 months out of
any 22-month | ||||||
16 | period, the parent maintains a meaningful role in the | ||||||
17 | child's life, and the Department has not documented another | ||||||
18 | reason why it would otherwise be appropriate to file a | ||||||
19 | petition to terminate parental rights pursuant to this | ||||||
20 | Section and the Adoption Act. The assessment of whether an | ||||||
21 | incarcerated parent maintains a meaningful role in the | ||||||
22 | child's life may include consideration of the following: | ||||||
23 | paragraph (c) of this subsection (4.5)
provides otherwise.
| ||||||
24 | (A) the child's best interest; | ||||||
25 | (B) the parent's expressions or acts of | ||||||
26 | manifesting concern for the child, such as letters, |
| |||||||
| |||||||
1 | telephone calls, visits, and other forms of | ||||||
2 | communication with the child and the impact of the | ||||||
3 | communication on the child; | ||||||
4 | (C) the parent's efforts to communicate with and | ||||||
5 | work with the Department for the purpose of complying | ||||||
6 | with the service plan and repairing, maintaining, or | ||||||
7 | building the parent-child relationship; or | ||||||
8 | (D) limitations in the parent's access to family | ||||||
9 | support programs, therapeutic services, visiting | ||||||
10 | opportunities, telephone and mail services, and | ||||||
11 | meaningful participation in court proceedings. | ||||||
12 | (b) For purposes of this subsection, the date of entering | ||||||
13 | foster care is
defined as the earlier of:
| ||||||
14 | (1) The date of a judicial finding at an adjudicatory | ||||||
15 | hearing that the
child is an abused, neglected, or | ||||||
16 | dependent minor; or
| ||||||
17 | (2) 60 days after the date on which the child is | ||||||
18 | removed from his or her
parent, guardian, or legal | ||||||
19 | custodian.
| ||||||
20 | (c) (Blank). With respect to paragraph (a)(i), the | ||||||
21 | following transition rules shall
apply:
| ||||||
22 | (1) If the child entered foster care after November 19, | ||||||
23 | 1997 and
this amendatory Act of 1998 takes effect before | ||||||
24 | the child has been in
foster care for 15 months of the | ||||||
25 | preceding 22 months, then the Department shall
comply with | ||||||
26 | the requirements of paragraph (a) of this subsection (4.5) |
| |||||||
| |||||||
1 | for that
child as soon as the child has been in foster care | ||||||
2 | for 15 of the preceding 22
months.
| ||||||
3 | (2) If the child entered foster care after November 19, | ||||||
4 | 1997 and
this amendatory Act of 1998 takes effect after the | ||||||
5 | child has been in foster
care for 15 of the preceding 22 | ||||||
6 | months, then the Department shall comply with
the | ||||||
7 | requirements of paragraph (a) of this subsection (4.5) for | ||||||
8 | that child
within 3 months after the end of the next | ||||||
9 | regular session of the General
Assembly.
| ||||||
10 | (3) If the child entered foster care prior to November | ||||||
11 | 19, 1997, then the
Department shall comply with the | ||||||
12 | requirements of paragraph (a) of this
subsection (4.5) for | ||||||
13 | that child in accordance with Department policy or rule.
| ||||||
14 | (d) (Blank). If the State's Attorney determines that the | ||||||
15 | Department's request for
filing of a petition or motion | ||||||
16 | conforms to the requirements set forth in
subdivisions (a), | ||||||
17 | (b), and (c) of this subsection (4.5), then the State's
| ||||||
18 | Attorney shall file the petition or motion as requested.
| ||||||
19 | (5) The court shall liberally allow the petitioner to amend | ||||||
20 | the petition to
set forth a cause of action or to add, amend, | ||||||
21 | or supplement factual allegations
that form the basis for a | ||||||
22 | cause of action up until 14 days before the
adjudicatory | ||||||
23 | hearing. The petitioner may amend the petition after that date
| ||||||
24 | and prior to the adjudicatory hearing if the court grants leave | ||||||
25 | to amend upon a
showing of good cause.
The court may allow | ||||||
26 | amendment of the
petition to conform with the evidence at any |
| |||||||
| |||||||
1 | time prior to ruling. In all
cases in which the court has | ||||||
2 | granted leave to amend based on new evidence or
new | ||||||
3 | allegations, the court shall permit
the respondent an adequate | ||||||
4 | opportunity to prepare a defense to the amended
petition.
| ||||||
5 | (6) At any time before dismissal of the petition or before | ||||||
6 | final closing
and discharge under Section 2-31, one or more | ||||||
7 | motions in the best interests of
the minor may be filed. The | ||||||
8 | motion shall specify sufficient facts in support
of the relief | ||||||
9 | requested.
| ||||||
10 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
11 | Section 15. The Adoption Act is amended by changing Section | ||||||
12 | 1 as follows:
| ||||||
13 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
14 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
15 | context
otherwise requires:
| ||||||
16 | A. "Child" means a person under legal age subject to | ||||||
17 | adoption under
this Act.
| ||||||
18 | B. "Related child" means a child subject to adoption where | ||||||
19 | either or both of
the adopting parents stands in any of the | ||||||
20 | following relationships to the child
by blood, marriage, | ||||||
21 | adoption, or civil union: parent, grand-parent, | ||||||
22 | great-grandparent, brother, sister, step-parent,
| ||||||
23 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
24 | great-uncle,
great-aunt, first cousin, or second cousin. A |
| |||||||
| |||||||
1 | person is related to the child as a first cousin or second | ||||||
2 | cousin if they are both related to the same ancestor as either | ||||||
3 | grandchild or great-grandchild. A child whose parent has | ||||||
4 | executed
a consent to adoption, a surrender, or a waiver | ||||||
5 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
6 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
7 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
8 | her parental rights
terminated, is not a related child to that | ||||||
9 | person, unless (1) the consent is
determined to be void or is | ||||||
10 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
11 | the parent of the child executed a consent to adoption by a | ||||||
12 | specified person or persons pursuant to subsection A-1 of | ||||||
13 | Section 10 of this Act and a court of competent jurisdiction | ||||||
14 | finds that such consent is void; or (3) the order terminating | ||||||
15 | the parental rights of the parent is vacated by a court of | ||||||
16 | competent jurisdiction.
| ||||||
17 | C. "Agency" for the purpose of this Act means a public | ||||||
18 | child welfare agency
or a licensed child welfare agency.
| ||||||
19 | D. "Unfit person" means any person whom the court shall | ||||||
20 | find to be unfit
to have a child, without regard to the | ||||||
21 | likelihood that the child will be
placed for adoption. The | ||||||
22 | grounds of unfitness are any one or more
of the following, | ||||||
23 | except that a person shall not be considered an unfit
person | ||||||
24 | for the sole reason that the person has relinquished a child in
| ||||||
25 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
26 | (a) Abandonment of the child.
|
| |||||||
| |||||||
1 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
2 | (a-2) Abandonment of a newborn infant in any setting | ||||||
3 | where the evidence
suggests that the parent intended to | ||||||
4 | relinquish his or her parental rights.
| ||||||
5 | (b) Failure to maintain a reasonable degree of | ||||||
6 | interest, concern or
responsibility as to the child's | ||||||
7 | welfare.
| ||||||
8 | (c) Desertion of the child for more than 3 months next | ||||||
9 | preceding the
commencement of the Adoption proceeding.
| ||||||
10 | (d) Substantial neglect
of the
child if continuous or | ||||||
11 | repeated.
| ||||||
12 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
13 | of any child
residing in the household which resulted in | ||||||
14 | the death of that child.
| ||||||
15 | (e) Extreme or repeated cruelty to the child.
| ||||||
16 | (f) There is a rebuttable presumption, which can be | ||||||
17 | overcome only by clear and convincing evidence, that a | ||||||
18 | parent is unfit if:
| ||||||
19 | (1) Two or more findings of physical abuse have | ||||||
20 | been entered regarding any children under Section 2-21 | ||||||
21 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
22 | which was determined by the juvenile court
hearing the | ||||||
23 | matter to be supported by clear and convincing | ||||||
24 | evidence; or | ||||||
25 | (2) The parent has been convicted or found not | ||||||
26 | guilty by reason of insanity and the conviction or |
| |||||||
| |||||||
1 | finding resulted from the death of any child by | ||||||
2 | physical abuse; or
| ||||||
3 | (3) There is a finding of physical child abuse | ||||||
4 | resulting from the death of any
child under Section | ||||||
5 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
6 | No conviction or finding of delinquency pursuant | ||||||
7 | to Article V of the Juvenile Court Act of 1987 shall be | ||||||
8 | considered a criminal conviction for the purpose of | ||||||
9 | applying any presumption under this item (f).
| ||||||
10 | (g) Failure to protect the child from conditions within | ||||||
11 | his environment
injurious to the child's welfare.
| ||||||
12 | (h) Other neglect of, or misconduct toward the child; | ||||||
13 | provided that in
making a finding of unfitness the court | ||||||
14 | hearing the adoption proceeding
shall not be bound by any | ||||||
15 | previous finding, order or judgment affecting
or | ||||||
16 | determining the rights of the parents toward the child | ||||||
17 | sought to be adopted
in any other proceeding except such | ||||||
18 | proceedings terminating parental rights
as shall be had | ||||||
19 | under either this Act, the Juvenile Court Act or
the | ||||||
20 | Juvenile Court Act of 1987.
| ||||||
21 | (i) Depravity. Conviction of any one of the following
| ||||||
22 | crimes shall create a presumption that a parent is depraved | ||||||
23 | which can be
overcome only by clear and convincing | ||||||
24 | evidence:
(1) first degree murder in violation of paragraph | ||||||
25 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012 or conviction
of |
| |||||||
| |||||||
1 | second degree murder in violation of subsection (a) of | ||||||
2 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
4 | first degree murder or second degree murder of any child in
| ||||||
5 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
6 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
7 | murder or second degree murder
of any child in violation of | ||||||
8 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
9 | solicitation to commit murder of any child, solicitation to
| ||||||
10 | commit murder of any child for hire, or solicitation to | ||||||
11 | commit second
degree murder of any child in violation of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
13 | predatory criminal sexual assault of a child in violation | ||||||
14 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
16 | child in violation of the Criminal Code of 1961; or (7) | ||||||
17 | aggravated battery of any child in violation of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
19 | There is a rebuttable presumption that a parent is | ||||||
20 | depraved if the parent
has been criminally convicted of at | ||||||
21 | least 3 felonies under the laws of this
State or any other | ||||||
22 | state, or under federal law, or the criminal laws of any
| ||||||
23 | United States territory; and at least
one of these
| ||||||
24 | convictions took place within 5 years of the filing of the | ||||||
25 | petition or motion
seeking termination of parental rights.
| ||||||
26 | There is a rebuttable presumption that a parent is |
| |||||||
| |||||||
1 | depraved if that
parent
has
been criminally convicted of | ||||||
2 | either first or second degree murder of any person
as | ||||||
3 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 within 10 years of the filing date of
the petition | ||||||
5 | or motion to terminate parental rights. | ||||||
6 | No conviction or finding of delinquency pursuant to | ||||||
7 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
8 | considered a criminal conviction for the purpose of | ||||||
9 | applying any presumption under this item (i).
| ||||||
10 | (j) Open and notorious adultery or fornication.
| ||||||
11 | (j-1) (Blank).
| ||||||
12 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
13 | than those
prescribed by a physician, for at least one year | ||||||
14 | immediately
prior to the commencement of the unfitness | ||||||
15 | proceeding.
| ||||||
16 | There is a rebuttable presumption that a parent is | ||||||
17 | unfit under this
subsection
with respect to any child to | ||||||
18 | which that parent gives birth where there is a
confirmed
| ||||||
19 | test result that at birth the child's blood, urine, or | ||||||
20 | meconium contained any
amount of a controlled substance as | ||||||
21 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
22 | Controlled Substances Act or metabolites of such | ||||||
23 | substances, the
presence of which in the newborn infant was | ||||||
24 | not the result of medical treatment
administered to the | ||||||
25 | mother or the newborn infant; and the biological mother of
| ||||||
26 | this child is the biological mother of at least one other |
| |||||||
| |||||||
1 | child who was
adjudicated a neglected minor under | ||||||
2 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
3 | 1987.
| ||||||
4 | (l) Failure to demonstrate a reasonable degree of | ||||||
5 | interest, concern or
responsibility as to the welfare of a | ||||||
6 | new born child during the first 30
days after its birth.
| ||||||
7 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
8 | to correct the
conditions that were the basis for the | ||||||
9 | removal of the child from the
parent during any 9-month | ||||||
10 | period following the adjudication of neglected or abused | ||||||
11 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
12 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
13 | to make reasonable progress
toward the return of the
child | ||||||
14 | to the parent during any 9-month period following the | ||||||
15 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
16 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
17 | Section 2-4 of that Act.
If a service plan has been | ||||||
18 | established as
required under
Section 8.2 of the Abused and | ||||||
19 | Neglected Child Reporting Act to correct the
conditions | ||||||
20 | that were the basis for the removal of the child from the | ||||||
21 | parent
and if those services were available,
then, for | ||||||
22 | purposes of this Act, "failure to make reasonable progress | ||||||
23 | toward the
return of the child to the parent" includes the | ||||||
24 | parent's failure to substantially fulfill his or her | ||||||
25 | obligations
under
the service plan and correct the | ||||||
26 | conditions that brought the child into care
during any |
| |||||||
| |||||||
1 | 9-month period
following the adjudication under Section | ||||||
2 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
3 | Notwithstanding any other provision, when a petition or | ||||||
4 | motion seeks to terminate parental rights on the basis of | ||||||
5 | item (ii) of this subsection (m), the petitioner shall file | ||||||
6 | with the court and serve on the parties a pleading that | ||||||
7 | specifies the 9-month period or periods relied on. The | ||||||
8 | pleading shall be filed and served on the parties no later | ||||||
9 | than 3 weeks before the date set by the court for closure | ||||||
10 | of discovery, and the allegations in the pleading shall be | ||||||
11 | treated as incorporated into the petition or motion. | ||||||
12 | Failure of a respondent to file a written denial of the | ||||||
13 | allegations in the pleading shall not be treated as an | ||||||
14 | admission that the allegations are true.
| ||||||
15 | (m-1) (Blank). Pursuant to the Juvenile Court Act of | ||||||
16 | 1987, a child
has been in foster care for 15 months out of | ||||||
17 | any 22 month period which begins
on or after the effective | ||||||
18 | date of this amendatory Act of 1998 unless the
child's | ||||||
19 | parent can prove
by a preponderance of the evidence that it | ||||||
20 | is more likely than not that it will
be in the best | ||||||
21 | interests of the child to be returned to the parent within | ||||||
22 | 6
months of the date on which a petition for termination of | ||||||
23 | parental rights is
filed under the Juvenile Court Act of | ||||||
24 | 1987. The 15 month time limit is tolled
during
any period | ||||||
25 | for which there is a court finding that the appointed | ||||||
26 | custodian or
guardian failed to make reasonable efforts to |
| |||||||
| |||||||
1 | reunify the child with his or her
family, provided that (i) | ||||||
2 | the finding of no reasonable efforts is made within
60 days | ||||||
3 | of the period when reasonable efforts were not made or (ii) | ||||||
4 | the parent
filed a motion requesting a finding of no | ||||||
5 | reasonable efforts within 60 days of
the period when | ||||||
6 | reasonable efforts were not made. For purposes of this
| ||||||
7 | subdivision (m-1), the date of entering foster care is the | ||||||
8 | earlier of: (i) the
date of
a judicial finding at an | ||||||
9 | adjudicatory hearing that the child is an abused,
| ||||||
10 | neglected, or dependent minor; or (ii) 60 days after the | ||||||
11 | date on which the
child is removed from his or her parent, | ||||||
12 | guardian, or legal custodian.
| ||||||
13 | (n) Evidence of intent to forgo his or her parental | ||||||
14 | rights,
whether or
not the child is a ward of the court, | ||||||
15 | (1) as manifested
by his or her failure for a period of 12 | ||||||
16 | months: (i) to visit the child,
(ii) to communicate with | ||||||
17 | the child or agency, although able to do so and
not | ||||||
18 | prevented from doing so by an agency or by court order, or | ||||||
19 | (iii) to
maintain contact with or plan for the future of | ||||||
20 | the child, although physically
able to do so, or (2) as | ||||||
21 | manifested by the father's failure, where he
and the mother | ||||||
22 | of the child were unmarried to each other at the time of | ||||||
23 | the
child's birth, (i) to commence legal proceedings to | ||||||
24 | establish his paternity
under the Illinois Parentage Act of | ||||||
25 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
26 | jurisdiction of
the child's birth within 30 days of being |
| |||||||
| |||||||
1 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
2 | the father or the likely father of the child or,
after | ||||||
3 | being so informed where the child is not yet born, within | ||||||
4 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
5 | effort to pay a reasonable
amount of the expenses related | ||||||
6 | to the birth of the child and to provide a
reasonable | ||||||
7 | amount for the financial support of the child, the court to
| ||||||
8 | consider in its determination all relevant circumstances, | ||||||
9 | including the
financial condition of both parents; | ||||||
10 | provided that the ground for
termination provided in this | ||||||
11 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
12 | petition is brought by the mother or the husband of
the | ||||||
13 | mother.
| ||||||
14 | Contact or communication by a parent with his or her | ||||||
15 | child that does not
demonstrate affection and concern does | ||||||
16 | not constitute reasonable contact
and planning under | ||||||
17 | subdivision (n). In the absence of evidence to the
| ||||||
18 | contrary, the ability to visit, communicate, maintain | ||||||
19 | contact, pay
expenses and plan for the future shall be | ||||||
20 | presumed. The subjective intent
of the parent, whether | ||||||
21 | expressed or otherwise, unsupported by evidence of
the | ||||||
22 | foregoing parental acts manifesting that intent, shall not | ||||||
23 | preclude a
determination that the parent has intended to | ||||||
24 | forgo his or her
parental
rights. In making this | ||||||
25 | determination, the court may consider but shall not
require | ||||||
26 | a showing of diligent efforts by an authorized agency to |
| |||||||
| |||||||
1 | encourage
the parent to perform the acts specified in | ||||||
2 | subdivision (n).
| ||||||
3 | It shall be an affirmative defense to any allegation | ||||||
4 | under paragraph
(2) of this subsection that the father's | ||||||
5 | failure was due to circumstances
beyond his control or to | ||||||
6 | impediments created by the mother or any other
person | ||||||
7 | having legal custody. Proof of that fact need only be by a
| ||||||
8 | preponderance of the evidence.
| ||||||
9 | (o) Repeated or continuous failure by the parents, | ||||||
10 | although physically
and financially able, to provide the | ||||||
11 | child with adequate food, clothing,
or shelter.
| ||||||
12 | (p) Inability to discharge parental responsibilities | ||||||
13 | supported by
competent evidence from a psychiatrist, | ||||||
14 | licensed clinical social
worker, or clinical psychologist | ||||||
15 | of mental
impairment, mental illness or an intellectual | ||||||
16 | disability as defined in Section
1-116 of the Mental Health | ||||||
17 | and Developmental Disabilities Code, or
developmental | ||||||
18 | disability as defined in Section 1-106 of that Code, and
| ||||||
19 | there is sufficient justification to believe that the | ||||||
20 | inability to
discharge parental responsibilities shall | ||||||
21 | extend beyond a reasonable
time period. However, this | ||||||
22 | subdivision (p) shall not be construed so as to
permit a | ||||||
23 | licensed clinical social worker to conduct any medical | ||||||
24 | diagnosis to
determine mental illness or mental | ||||||
25 | impairment.
| ||||||
26 | (q) (Blank).
|
| |||||||
| |||||||
1 | (r) The child is in the temporary custody or | ||||||
2 | guardianship of the
Department of Children and Family | ||||||
3 | Services, the parent is incarcerated as a
result of | ||||||
4 | criminal conviction at the time the petition or motion for
| ||||||
5 | termination of parental rights is filed, prior to | ||||||
6 | incarceration the parent had
little or no contact with the | ||||||
7 | child or provided little or no support for the
child, and | ||||||
8 | the parent's incarceration will prevent the parent from | ||||||
9 | discharging
his or her parental responsibilities for the | ||||||
10 | child for a period in excess of 2
years after the filing of | ||||||
11 | the petition or motion for termination of parental
rights.
| ||||||
12 | (s) The child is in the temporary custody or | ||||||
13 | guardianship of the
Department of Children and Family | ||||||
14 | Services, the parent is incarcerated at the
time the | ||||||
15 | petition or motion for termination of parental rights is | ||||||
16 | filed, the
parent has been repeatedly incarcerated as a | ||||||
17 | result of criminal convictions,
and the parent's repeated | ||||||
18 | incarceration has prevented the parent from
discharging | ||||||
19 | his or her parental responsibilities for the child.
| ||||||
20 | (t) A finding that at birth the child's blood,
urine, | ||||||
21 | or meconium contained any amount of a controlled substance | ||||||
22 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
23 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
24 | substance, with the exception of
controlled substances or | ||||||
25 | metabolites of such substances, the presence of which
in | ||||||
26 | the newborn infant was the result of medical treatment |
| |||||||
| |||||||
1 | administered to the
mother or the newborn infant, and that | ||||||
2 | the biological mother of this child is
the biological | ||||||
3 | mother of at least one other child who was adjudicated a
| ||||||
4 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
5 | Juvenile Court Act
of 1987, after which the biological | ||||||
6 | mother had the opportunity to enroll in
and participate in | ||||||
7 | a clinically appropriate substance abuse
counseling, | ||||||
8 | treatment, and rehabilitation program.
| ||||||
9 | E. "Parent" means a person who is the legal mother or legal | ||||||
10 | father of the child as defined in subsection X or Y of this | ||||||
11 | Section. For the purpose of this Act, a parent who has executed | ||||||
12 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
13 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
14 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
15 | of this Act, or whose parental rights have been terminated by a | ||||||
16 | court, is not a parent of the child who was the subject of the | ||||||
17 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
18 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
19 | the person executed a consent to adoption by a specified person | ||||||
20 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
21 | and a court of competent jurisdiction finds that the consent is | ||||||
22 | void; or (3) the order terminating the parental rights of the | ||||||
23 | person is vacated by a court of competent jurisdiction.
| ||||||
24 | F. A person is available for adoption when the person is:
| ||||||
25 | (a) a child who has been surrendered for adoption to an | ||||||
26 | agency and to
whose adoption the agency has thereafter |
| |||||||
| |||||||
1 | consented;
| ||||||
2 | (b) a child to whose adoption a person authorized by | ||||||
3 | law, other than his
parents, has consented, or to whose | ||||||
4 | adoption no consent is required pursuant
to Section 8 of | ||||||
5 | this Act;
| ||||||
6 | (c) a child who is in the custody of persons who intend | ||||||
7 | to adopt him
through placement made by his parents;
| ||||||
8 | (c-1) a child for whom a parent has signed a specific | ||||||
9 | consent pursuant
to subsection O of Section 10;
| ||||||
10 | (d) an adult who meets the conditions set forth in | ||||||
11 | Section 3 of this
Act; or
| ||||||
12 | (e) a child who has been relinquished as defined in | ||||||
13 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
14 | A person who would otherwise be available for adoption | ||||||
15 | shall not be
deemed unavailable for adoption solely by reason | ||||||
16 | of his or her death.
| ||||||
17 | G. The singular includes the plural and the plural includes
| ||||||
18 | the singular and the "male" includes the "female", as the | ||||||
19 | context of this
Act may require.
| ||||||
20 | H. (Blank).
| ||||||
21 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
22 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
23 | promulgated thereunder.
| ||||||
24 | J. "Immediate relatives" means the biological parents, the | ||||||
25 | parents of
the biological parents and siblings of the | ||||||
26 | biological parents.
|
| |||||||
| |||||||
1 | K. "Intercountry adoption" is a process by which a child | ||||||
2 | from a country
other than the United States is adopted by | ||||||
3 | persons who are habitual residents of the United States, or the | ||||||
4 | child is a habitual resident of the United States who is | ||||||
5 | adopted by persons who are habitual residents of a country | ||||||
6 | other than the United States.
| ||||||
7 | L. (Blank).
| ||||||
8 | M. "Interstate Compact on the Placement of Children" is a | ||||||
9 | law enacted by all
states and certain territories for the | ||||||
10 | purpose of establishing uniform procedures for handling
the | ||||||
11 | interstate placement of children in foster homes, adoptive | ||||||
12 | homes, or
other child care facilities.
| ||||||
13 | N. (Blank).
| ||||||
14 | O. "Preadoption requirements" means any conditions or | ||||||
15 | standards established by the laws or administrative rules of | ||||||
16 | this State that must be met by a prospective adoptive parent
| ||||||
17 | prior to the placement of a child in an adoptive home.
| ||||||
18 | P. "Abused child" means a child whose parent or immediate | ||||||
19 | family member,
or any person responsible for the child's | ||||||
20 | welfare, or any individual
residing in the same home as the | ||||||
21 | child, or a paramour of the child's parent:
| ||||||
22 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
23 | inflicted upon
the child physical injury, by other than | ||||||
24 | accidental means, that causes
death, disfigurement, | ||||||
25 | impairment of physical or emotional health, or loss
or | ||||||
26 | impairment of any bodily function;
|
| |||||||
| |||||||
1 | (b) creates a substantial risk of physical injury to | ||||||
2 | the child by
other than accidental means which would be | ||||||
3 | likely to cause death,
disfigurement, impairment of | ||||||
4 | physical or emotional health, or loss or
impairment of any | ||||||
5 | bodily function;
| ||||||
6 | (c) commits or allows to be committed any sex offense | ||||||
7 | against the child,
as sex offenses are defined in the | ||||||
8 | Criminal Code of 2012
and extending those definitions of | ||||||
9 | sex offenses to include children under
18 years of age;
| ||||||
10 | (d) commits or allows to be committed an act or acts of | ||||||
11 | torture upon
the child; or
| ||||||
12 | (e) inflicts excessive corporal punishment.
| ||||||
13 | Q. "Neglected child" means any child whose parent or other | ||||||
14 | person
responsible for the child's welfare withholds or denies | ||||||
15 | nourishment or
medically indicated treatment including food or | ||||||
16 | care denied solely on the
basis of the present or anticipated | ||||||
17 | mental or physical impairment as determined
by a physician | ||||||
18 | acting alone or in consultation with other physicians or
| ||||||
19 | otherwise does not provide the proper or necessary support, | ||||||
20 | education
as required by law, or medical or other remedial care | ||||||
21 | recognized under State
law as necessary for a child's | ||||||
22 | well-being, or other care necessary for his
or her well-being, | ||||||
23 | including adequate food, clothing and shelter; or who
is | ||||||
24 | abandoned by his or her parents or other person responsible for | ||||||
25 | the child's
welfare.
| ||||||
26 | A child shall not be considered neglected or abused for the
|
| |||||||
| |||||||
1 | sole reason that the child's parent or other person responsible | ||||||
2 | for his
or her welfare depends upon spiritual means through | ||||||
3 | prayer alone for the
treatment or cure of disease or remedial | ||||||
4 | care as provided under Section 4
of the Abused and Neglected | ||||||
5 | Child Reporting Act.
A child shall not be considered neglected | ||||||
6 | or abused for the sole reason that
the child's parent or other | ||||||
7 | person responsible for the child's welfare failed
to vaccinate, | ||||||
8 | delayed vaccination, or refused vaccination for the child
due | ||||||
9 | to a waiver on religious or medical grounds as permitted by | ||||||
10 | law.
| ||||||
11 | R. "Putative father" means a man who may be a child's | ||||||
12 | father, but who (1) is
not married to the child's mother on or | ||||||
13 | before the date that the child was or
is to be born and (2) has | ||||||
14 | not established paternity of the child in a court
proceeding | ||||||
15 | before the filing of a petition for the adoption of the child. | ||||||
16 | The
term includes a male who is less than 18 years of age. | ||||||
17 | "Putative father" does
not mean a man who is the child's father | ||||||
18 | as a result of criminal sexual abuse
or assault as defined | ||||||
19 | under Article 11 of the Criminal Code of 2012.
| ||||||
20 | S. "Standby adoption" means an adoption in which a parent
| ||||||
21 | consents to custody and termination of parental rights to | ||||||
22 | become
effective upon the occurrence of a future event, which | ||||||
23 | is either the death of
the
parent or the request of the parent
| ||||||
24 | for the entry of a final judgment of adoption.
| ||||||
25 | T. (Blank).
| ||||||
26 | T-5. "Biological parent", "birth parent", or "natural |
| |||||||
| |||||||
1 | parent" of a child are interchangeable terms that mean a person | ||||||
2 | who is biologically or genetically related to that child as a | ||||||
3 | parent. | ||||||
4 | U. "Interstate adoption" means the placement of a minor | ||||||
5 | child with a prospective adoptive parent for the purpose of | ||||||
6 | pursuing an adoption for that child that is subject to the | ||||||
7 | provisions of the Interstate Compact on Placement of Children. | ||||||
8 | V. (Blank). | ||||||
9 | W. (Blank). | ||||||
10 | X. "Legal father" of a child means a man who is recognized | ||||||
11 | as or presumed to be that child's father: | ||||||
12 | (1) because of his marriage to or civil union with the | ||||||
13 | child's parent at the time of the child's birth or within | ||||||
14 | 300 days prior to that child's birth, unless he signed a | ||||||
15 | denial of paternity pursuant to Section 12 of the Vital | ||||||
16 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
17 | or | ||||||
18 | (2) because his paternity of the child has been | ||||||
19 | established pursuant to the Illinois Parentage Act, the | ||||||
20 | Illinois Parentage Act of 1984, or the Gestational | ||||||
21 | Surrogacy Act; or | ||||||
22 | (3) because he is listed as the child's father or | ||||||
23 | parent on the child's birth certificate, unless he is | ||||||
24 | otherwise determined by an administrative or judicial | ||||||
25 | proceeding not to be the parent of the child or unless he | ||||||
26 | rescinds his acknowledgment of paternity pursuant to the |
| |||||||
| |||||||
1 | Illinois Parentage Act of 1984; or | ||||||
2 | (4) because his paternity or adoption of the child has | ||||||
3 | been established by a court of competent jurisdiction. | ||||||
4 | The definition in this subsection X shall not be construed | ||||||
5 | to provide greater or lesser rights as to the number of parents | ||||||
6 | who can be named on a final judgment order of adoption or | ||||||
7 | Illinois birth certificate that otherwise exist under Illinois | ||||||
8 | law. | ||||||
9 | Y. "Legal mother" of a child means a woman who is | ||||||
10 | recognized as or presumed to be that child's mother: | ||||||
11 | (1) because she gave birth to the child except as | ||||||
12 | provided in the Gestational Surrogacy Act; or | ||||||
13 | (2) because her maternity of the child has been | ||||||
14 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
15 | or the Gestational Surrogacy Act; or | ||||||
16 | (3) because her maternity or adoption of the child has | ||||||
17 | been established by a court of competent jurisdiction; or | ||||||
18 | (4) because of her marriage to or civil union with the | ||||||
19 | child's other parent at the time of the child's birth or | ||||||
20 | within 300 days prior to the time of birth; or | ||||||
21 | (5) because she is listed as the child's mother or | ||||||
22 | parent on the child's birth certificate unless she is | ||||||
23 | otherwise determined by an administrative or judicial | ||||||
24 | proceeding not to be the parent of the child. | ||||||
25 | The definition in this subsection Y shall not be construed | ||||||
26 | to provide greater or lesser rights as to the number of parents |
| |||||||
| |||||||
1 | who can be named on a final judgment order of adoption or | ||||||
2 | Illinois birth certificate that otherwise exist under Illinois | ||||||
3 | law. | ||||||
4 | Z. "Department" means the Illinois Department of Children | ||||||
5 | and Family Services. | ||||||
6 | AA. "Placement disruption" means a circumstance where the | ||||||
7 | child is removed from an adoptive placement before the adoption | ||||||
8 | is finalized. | ||||||
9 | BB. "Secondary placement" means a placement, including but | ||||||
10 | not limited to the placement of a ward of the Department, that | ||||||
11 | occurs after a placement disruption or an adoption dissolution. | ||||||
12 | "Secondary placement" does not mean secondary placements | ||||||
13 | arising due to the death of the adoptive parent of the child. | ||||||
14 | CC. "Adoption dissolution" means a circumstance where the | ||||||
15 | child is removed from an adoptive placement after the adoption | ||||||
16 | is finalized. | ||||||
17 | DD. "Unregulated placement" means the secondary placement | ||||||
18 | of a child that occurs without the oversight of the courts, the | ||||||
19 | Department, or a licensed child welfare agency. | ||||||
20 | EE. "Post-placement and post-adoption support services" | ||||||
21 | means support services for placed or adopted children and | ||||||
22 | families that include, but are not limited to, counseling for | ||||||
23 | emotional, behavioral, or developmental needs. | ||||||
24 | (Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804, | ||||||
25 | eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised | ||||||
26 | 8-4-15.)
|