Bill Text: IL SB3136 | 2023-2024 | 103rd General Assembly | Enrolled

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

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

Spectrum: Strong Partisan Bill (Democrat 46-3)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0941 [SB3136 Detail]

Download: Illinois-2023-SB3136-Enrolled.html

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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Family
Recovery Plans Implementation Task Force Act.
Section 5. Purpose and policy. It is the policy of this
State to serve and advance the best interests and secure the
safety and well-being of an infant with prenatal substance
exposure, while preserving the family unit whenever the safety
of the infant is not jeopardized.
It is the intent of the General Assembly to require a
coordinated, public health, and service-integrated response by
various agencies within this State's health and child welfare
systems to address the substance use treatment needs of
infants born with prenatal substance exposure, as well as the
treatment needs of their caregivers and families, by requiring
the development, provision, and monitoring of family recovery
plans.
Section 10. Findings. The General Assembly finds the
following:
(1) During pregnancy, substance use is a leading cause
of maternal death and is associated with poor birth

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

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

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

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of the majority of front-line employees at the Department
of Children and Family Services, or the representative's
designee.
(7) The Secretary of Human Services, or the
Secretary's designee.
(8) The Director of Public Health, or the Director's
designee.
(9) The Cook County Public Guardian, or the Cook
County Public Guardian's designee.
Section 20. Meetings; co-chairs; administrative support.
All members appointed under Section 15 shall serve without
compensation. Task Force members shall be appointed within 60
days after the effective date of this Act. The Task Force shall
hold its initial meetings within 90 days after the effective
date of this Act. The Task Force shall meet at least 4 times a
year. A majority of the members of the Task Force shall
constitute a quorum. Two legislators appointed to the Task
Force shall be elected by members of the Task Force to serve as
co-chairs. The Department of Human Services shall provide
staff and any necessary administrative and other support to
the Task Force. Any data provided by the Departments of
Children and Family Services, Human Services, and Public
Health to the Task Force shall not contain any personally
identifiable information of any clients or families in
accordance with applicable confidentiality laws. The

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Departments shall facilitate the prompt and timely collection
and provision of data as requested by or on behalf of the Task
Force.
The Task Force shall consult with an organization that
provides technical assistance or implementation support to
State child welfare systems to develop and implement the
family recovery plans requirement of the federal Child Abuse
and Prevention Treatment Act. The Task Force may coordinate
with existing committees or workgroups currently engaged in
the development and implementation of family recovery plan
requirements of the federal Child Abuse and Prevention
Treatment Act.
Section 25. Duties. The Task Force shall:
(1) review models of family recovery plans that have
been implemented in other states;
(2) review research regarding implementation of family
recovery plans care;
(3) develop recommendations regarding the
implementation of a family recovery plan model in
Illinois, including developing implementation,
monitoring, and reporting plans and identifying any
necessary policy, rule, or statutory changes, and
identifying any additional healthcare service coverage and
reimbursement that would facilitate access to care;
(4) review and develop recommendations to replace

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punitive policies with notification policies requiring
health care professionals to notify the Department of
Children and Family Services in accordance with Section 7
of the Abused and Neglected Child Reporting Act and
Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and
Treatment Act (Public Law 93-247) based solely on a
positive toxicology screen of the newborn;
(5) solicit feedback from stakeholders and advocates
to inform Task Force recommendations as necessary,
including soliciting feedback from members with experience
working in a hospital with licensed obstetrical beds and
members with experience from a small and rural or critical
access hospital with licensed obstetrical beds.
Section 30. Report. The Task Force shall produce and
submit its recommendations to the General Assembly and the
Governor within one year after the first meeting of the Task
Force.
Section 35. Repeal. The Task Force is dissolved, and this
Act is repealed on, January 1, 2027.
(325 ILCS 5/4.4 rep.)
Section 110. The Abused and Neglected Child Reporting Act
is amended by repealing Section 4.4.

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Section 120. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital
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

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by a specified person or persons pursuant to subsection A-1 of
Section 10 of this Act and a court of competent jurisdiction
finds that such consent is void; or (3) the order terminating
the parental rights of the parent is vacated by a court of
competent jurisdiction.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.

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(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant to
Article V 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.

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(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is
depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph (1) or (2) of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or the Criminal Code of 2012 or
conviction of second degree murder in violation of
subsection (a) of Section 9-2 of the Criminal Code of 1961
or the Criminal Code of 2012 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (3) attempt or conspiracy to
commit first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder

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of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (5) predatory criminal sexual
assault of a child in violation of Section 11-1.40 or
12-14.1 of the Criminal Code of 1961 or the Criminal Code
of 2012; (6) heinous battery of any child in violation of
the Criminal Code of 1961; (7) aggravated battery of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (8) any violation of Section
11-1.20 or Section 12-13 of the Criminal Code of 1961 or
the Criminal Code of 2012; (9) any violation of subsection
(a) of Section 11-1.50 or Section 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012; (10) any
violation of Section 11-9.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (11) any violation of
Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012; or (12) an offense in any other
state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
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.

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There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to
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

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mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section
2-3 of the Juvenile Court Act of 1987 or dependent minor
under Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the
child from the parent and if those services were
available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child to
the parent" includes the parent's failure to substantially
fulfill his or her obligations under the service plan and

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correct the conditions that brought the child into care
during any 9-month period following the adjudication under
Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading
that specifies the 9-month period or periods relied on.
The pleading shall be filed and served on the parties no
later than 3 weeks before the date set by the court for
closure of discovery, and the allegations in the pleading
shall be treated as incorporated into the petition or
motion. Failure of a respondent to file a written denial
of the allegations in the pleading shall not be treated as
an admission that the allegations are true.
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
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

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time of the child's birth, (i) to commence legal
proceedings to establish his paternity under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
or the law of the jurisdiction of the child's birth within
30 days of being informed, pursuant to Section 12a of this
Act, that he is the father or the likely father of the
child or, after being so informed where the child is not
yet born, within 30 days of the child's birth, or (ii) to
make a good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide a
reasonable amount for the financial support of the child,
the court to consider in its determination all relevant
circumstances, including the financial condition of both
parents; provided that the ground for termination provided
in this subparagraph (n)(2)(ii) shall only be available
where the petition is brought by the mother or the husband
of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
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

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preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental
Health and Developmental Disabilities Code, or
developmental disability as defined in Section 1-106 of
that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be

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construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) (Blank). A finding that at birth the child's
blood, urine, or meconium contained any amount of a
controlled substance as defined in subsection (f) of

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Section 102 of the Illinois Controlled Substances Act, or
a metabolite of a controlled substance, with the exception
of controlled substances or metabolites of such
substances, the presence of which in the newborn infant
was the result of medical treatment administered to the
mother or the newborn infant, and that the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse counseling, treatment, and
rehabilitation program.
E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent
is void pursuant to subsection O of Section 10 of this Act; or
(2) the person executed a consent to adoption by a specified
person or persons pursuant to subsection A-1 of Section 10 of
this Act and a court of competent jurisdiction finds that the

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consent is void; or (3) the order terminating the parental
rights of the person is vacated by a court of competent
jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
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).

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I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by
persons who are habitual residents of the United States, or
the child is a habitual resident of the United States who is
adopted by persons who are habitual residents of a country
other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
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

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child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial

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care recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible
for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act. A child shall not be
considered neglected or abused for the sole reason that the
child's parent or other person responsible for the child's
welfare failed to vaccinate, delayed vaccination, or refused
vaccination for the child due to a waiver on religious or
medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent

SB3136 Enrolled - 24 - LRB103 36587 KTG 66696 b
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a
person who is biologically or genetically related to that
child as a parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on the Placement of
Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
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

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Illinois Parentage Act of 1984, or the Gestational
Surrogacy Act; or
(3) because he is listed as the child's father or
parent on the child's birth certificate, unless he is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child or unless he
rescinds his acknowledgment of paternity pursuant to the
Illinois Parentage Act of 1984; or
(4) because his paternity or adoption of the child has
been established by a court of competent jurisdiction.
The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or
(3) because her maternity or adoption of the child has
been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or

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within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the
adoption is finalized.
BB. "Secondary placement" means a placement, including but
not limited to the placement of a youth in care as defined in
Section 4d of the Children and Family Services Act, that
occurs after a placement disruption or an adoption
dissolution. "Secondary placement" does not mean secondary
placements arising due to the death of the adoptive parent of
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

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of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, mental health
treatment, including counseling and other support services for
emotional, behavioral, or developmental needs, and treatment
for substance abuse.
FF. "Youth in care" has the meaning provided in Section 4d
of the Children and Family Services Act.
The changes made by this amendatory Act of the 103rd
General Assembly apply to a petition that is filed on or after
January 1, 2025.
(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
Section 999. Effective date. This Section, Sections 1
through 35, and Section 110 take effect upon becoming law.
SB3136 Enrolled - 28 - LRB103 36587 KTG 66696 b
INDEX
Statutes amended in order of appearance