Bill Text: IL SB3183 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-09-27 - Added as Co-Sponsor Sen. Javier L. Cervantes [SB3183 Detail]

Download: Illinois-2023-SB3183-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3183 Introduced 2/6/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-2 from Ch. 37, par. 801-2
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-13 from Ch. 37, par. 802-13
705 ILCS 405/2-13.1
705 ILCS 405/2-21 from Ch. 37, par. 802-21
705 ILCS 405/2-28
750 ILCS 50/1 from Ch. 40, par. 1501
Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.
LRB103 37041 RLC 67156 b
A BILL FOR
SB3183 LRB103 37041 RLC 67156 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28
as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in the
minor's own home, as will serve the safety and moral,
emotional, mental, and physical welfare of the minor and the
best interests of the community; to preserve and strengthen
the minor's family ties whenever possible, removing the minor
from the custody of the minor's parents only when the minor's
safety or welfare or the protection of the public cannot be
adequately safeguarded without removal; if the child is
removed from the custody of the minor's parent, the Department
of Children and Family Services immediately shall consider
concurrent planning, as described in Section 5 of the Children
and Family Services Act so that permanency may occur at the
earliest opportunity; consideration should be given so that if
reunification fails or is delayed, the placement made is the

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best available placement to provide permanency for the child;
and, when the minor is removed from the minor's own family, to
secure for the minor custody, care and discipline as nearly as
possible equivalent to that which should be given by the
minor's parents, and in cases where it should and can properly
be done to place the minor in a family home so that the minor
may become a member of the family by legal adoption or
otherwise. Provided that a ground for unfitness under the
Adoption Act can be met, it may be appropriate to expedite
termination of parental rights:
(a) when active reasonable efforts are inappropriate,
or have been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) the child or another child of that
child's parent was (A) abandoned, (B) tortured, or (C)
chronically abused or (ii) the parent is criminally
convicted of (A) first degree murder or second degree
murder of any child, (B) attempt or conspiracy to commit
first degree murder or second degree murder of any child,
(C) solicitation to commit murder, solicitation to commit
murder for hire, solicitation to commit second degree
murder of any child, or aggravated assault in violation of
subdivision (a)(13) of Section 12-2 of the Criminal Code
of 1961 or the Criminal Code of 2012, or (D) aggravated
criminal sexual assault in violation of Section
11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of

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1961 or the Criminal Code of 2012; or
(b) when the parental rights of a parent with respect
to another child of the parent have been involuntarily
terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an
extremely poor prognosis for treatment or rehabilitation,
justifies expedited termination of parental rights.
(2) In all proceedings under this Act the court may direct
the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a spirit
of humane concern, not only for the rights of the parties, but
also for the fears and the limits of understanding of all who
appear before the court.
(3) In all procedures under this Act, the following shall
apply:
(a) The procedural rights assured to the minor shall
be the rights of adults unless specifically precluded by
laws which enhance the protection of such minors.
(b) Every child has a right to services necessary to
the child's safety and proper development, including
health, education and social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is

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contrary to the health, safety, and best interests of the
child.
(4) This Act shall be liberally construed to carry out the
foregoing purpose and policy.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(.05) "Active efforts" means efforts that are affirmative,
active, thorough, timely and intended to maintain or reunite a
child with the child's family and represent a higher standard
of conduct than reasonable efforts.
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15, or 4-12 that a minor under 18 years of age is abused,
neglected, or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional

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care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;

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(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under
the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,

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public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with the minor's general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.

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(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness,
or missing juvenile and any records created, maintained, or

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used for purposes of referral to programs relating to
diversion as defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of
a minor and the duty to protect, train and discipline the minor
and to provide the minor with food, shelter, education, and
ordinary medical care, except as these are limited by residual
parental rights and responsibilities and the rights and
responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents the person from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been

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terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section

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2-13, 3-15, 4-12, or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12, or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents the person from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a qualified residential treatment program under Section
2.35 of the Child Care Act of 1969, a secure child care
facility as defined in paragraph (18) of this Section, or any
similar facility in another state. "Residential treatment
center" does not include a relative foster home or a licensed
foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent

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after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right
to reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption, the
right to determine the minor's religious affiliation, and the
responsibility for the minor's support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising

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a concern about the well-being of a minor under the
jurisdiction of the court under Article II of the Juvenile
Court Act of 1987; incidents involving damage to property,
allegations of criminal activity, misconduct, or other
occurrences affecting the operations of the Department of
Children of Family Services or a child care facility; any
incident that could have media impact; and unusual incidents
as defined by Department of Children and Family Services rule.
(15) "Station adjustment" means the informal handling of
an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
the requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has
been assigned to the position of juvenile police officer by
the officer's chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Illinois State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in

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facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-564, eff. 11-17-23.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected, or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected, or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, the minor's parent, guardian, or

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custodian, and other persons able to give relevant testimony
shall be examined before the court. The Department of Children
and Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian,
or custodian. After such testimony, the court may, consistent
with the health, safety, and best interests of the minor,
enter an order that the minor shall be released upon the
request of parent, guardian, or custodian if the parent,
guardian, or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from the minor's home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe
for a specified period of time, not to exceed 12 months,
without a violation; provided, however, that the 12-month
period shall begin anew after any violation. "Custodian"
includes the Department of Children and Family Services, if it
has been given custody of the child, or any other agency of the
State which has been given custody or wardship of the child. If
it is consistent with the health, safety, and best interests
of the minor, the court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by
the court or in a shelter care facility designated by the
Department of Children and Family Services or a licensed child

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welfare agency; however, on and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department of Children and Family Services
by any court, except a minor less than 16 years of age and
committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists; and
on and after January 1, 2017, a minor charged with a criminal
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or adjudicated delinquent shall not be placed in the
custody of or committed to the Department of Children and
Family Services by any court, except a minor less than 15 years
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists. An
independent basis exists when the allegations or adjudication
of abuse, neglect, or dependency do not arise from the same
facts, incident, or circumstances which give rise to a charge
or adjudication of delinquency.
In placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
determining the health, safety, and best interests of the

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minor to prescribe shelter care, the court must find that it is
a matter of immediate and urgent necessity for the safety, and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that the
minor is likely to flee the jurisdiction of the court, and must
further find that active reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from the
minor's home. The court shall require documentation from the
Department of Children and Family Services as to the active
reasonable efforts that were made to prevent or eliminate the
necessity of removal of the minor from the minor's home or the
reasons why no efforts reasonably could be made to prevent or
eliminate the necessity of removal. When a minor is placed in
the home of a relative, the Department of Children and Family
Services shall complete a preliminary background review of the
members of the minor's custodian's household in accordance
with Section 4.3 of the Child Care Act of 1969 within 90 days
of that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may

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enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to
the minor or the minor's family to ameliorate the causes
contributing to the finding of probable cause or to the
finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be

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placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may

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refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any
stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan, or
subsequently developed Sibling Contact Support Plan. Nothing
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this

SB3183 - 21 - LRB103 37041 RLC 67156 b
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe there
is an immediate need to protect the child's health, safety,
and welfare. Such restrictions or terminations must be based
on available facts to the Department and its assigns when
viewed in light of the surrounding circumstances and shall
only occur on an individual case-by-case basis. The Department
shall file with the court and serve on the parties any
amendments to the plan within 10 days, excluding weekends and
holidays, of the change of the visitation.
Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made active reasonable
efforts to reunite the family. In making its findings that it
is consistent with the health, safety, and best interests of
the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of another
and (ii) the factual basis supporting its findings that active
reasonable efforts were made to prevent or eliminate the

SB3183 - 22 - LRB103 37041 RLC 67156 b
removal of the minor from the minor's home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from the minor's home. The parents, guardian,
custodian, temporary custodian, and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order together
with the court's findings of fact in support thereof shall be
entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian, or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for the minor's
protection, the court shall admonish the parents, guardian,
custodian, or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian,
custodian, or responsible relative, that the parent, guardian,
custodian, or responsible relative has had the opportunity to

SB3183 - 23 - LRB103 37041 RLC 67156 b
provide the Department with all known names, addresses, and
telephone numbers of each of the minor's living adult
relatives, including, but not limited to, grandparents,
siblings of the minor's parents, and siblings. The court shall
advise the parents, guardian, custodian, or responsible
relative to inform the Department if additional information
regarding the minor's adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
is unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and
entered of record. The order shall expire after 10 days from
the time it is issued unless before its expiration it is
renewed, at a hearing upon appearance of the party respondent,
or upon an affidavit of the moving party as to all diligent
efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and
shall be personally delivered to the minor or the minor's
attorney and to the last known address of the other person or
persons entitled to notice. The notice shall also state the
nature of the allegations, the nature of the order sought by
the State, including whether temporary custody is sought, and
the consequences of failure to appear and shall contain a
notice that the parties will not be entitled to further

SB3183 - 24 - LRB103 37041 RLC 67156 b
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11; and shall explain the right of the parties and
the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care
hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused,
neglected, or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to
remove the child or children from the responsible
relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the
following rights:

SB3183 - 25 - LRB103 37041 RLC 67156 b
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court

SB3183 - 26 - LRB103 37041 RLC 67156 b
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and

SB3183 - 27 - LRB103 37041 RLC 67156 b
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor may file
an affidavit setting forth these facts, and the clerk shall
set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian, or custodian appears

SB3183 - 28 - LRB103 37041 RLC 67156 b
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian, or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian, or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and
the child can be cared for at home without endangering the
child's health or safety; or

SB3183 - 29 - LRB103 37041 RLC 67156 b
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative, or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety, and best interests
of the minor to modify or vacate a temporary custody order. If
the minor is being restored to the custody of a parent, legal
custodian, or guardian who lives outside of Illinois, and an
Interstate Compact has been requested and refused, the court
may order the Department of Children and Family Services to
arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section 2-20
or 2-25.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of

SB3183 - 30 - LRB103 37041 RLC 67156 b
the minor and the minor's family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same household
as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary
custodian the authority to serve as a surrogate decision maker
for the minor under the Health Care Surrogate Act for purposes
of making decisions pursuant to paragraph (1) of subsection

SB3183 - 31 - LRB103 37041 RLC 67156 b
(b) of Section 20 of the Health Care Surrogate Act. The court
may grant the motion if it determines by clear and convincing
evidence that it is in the best interests of the minor to grant
the temporary custodian such authority. In making its
determination, the court shall weigh the following factors in
addition to considering the best interests factors listed in
subsection (4.05) of Section 1-3 of this Act:
(a) the efforts to identify and locate the respondents
and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult
family members of the minor in decision making on behalf
of the minor;
(c) the length of time the efforts in paragraphs (a)
and (b) have been ongoing;
(d) the relationship between the respondents and adult
family members and the minor;
(e) medical testimony regarding the extent to which
the minor is suffering and the impact of a delay in
decision-making on the minor; and
(f) any other factor the court deems relevant.
If the Department of Children and Family Services is the
temporary custodian of the minor, in addition to the
requirements of paragraph (1) of subsection (b) of Section 20
of the Health Care Surrogate Act, the Department shall follow
its rules and procedures in exercising authority granted under

SB3183 - 32 - LRB103 37041 RLC 67156 b
this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition and
all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements may
be made upon information and belief. It shall allege that the
minor is abused, neglected, or dependent, with citations to
the appropriate provisions of this Act, and set forth (a)
facts sufficient to bring the minor under Section 2-3 or 2-4
and to inform respondents of the cause of action, including,
but not limited to, a plain and concise statement of the
factual allegations that form the basis for the filing of the
petition; (b) the name, age and residence of the minor; (c) the
names and residences of the minor's parents; (d) the name and
residence of the minor's legal guardian or the person or
persons having custody or control of the minor, or of the
nearest known relative if no parent or guardian can be found;

SB3183 - 33 - LRB103 37041 RLC 67156 b
and (e) if the minor upon whose behalf the petition is brought
is sheltered in custody, the date on which such temporary
custody was ordered by the court or the date set for a
temporary custody hearing. If any of the facts herein required
are not known by the petitioner, the petition shall so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that the minor be
adjudged a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship. The
petition may request that the minor remain in the custody of
the parent, guardian, or custodian under an Order of
Protection.
(4) If termination of parental rights and appointment of a
guardian of the person with power to consent to adoption of the
minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and appointment
of a guardian of the person with power to consent to adoption
of the minor under Section 2-29 at any time after the entry of
a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition

SB3183 - 34 - LRB103 37041 RLC 67156 b
to terminate parental rights is contrary to the child's best
interests, with respect to any minors committed to its care
pursuant to this Act, the Department of Children and Family
Services shall request the State's Attorney to file a petition
or motion for termination of parental rights and appointment
of guardian of the person with power to consent to adoption of
the minor under Section 2-29 if:
(i) a minor has been in foster care, as described in
subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of:
(A) first degree murder or second degree murder of
any child;
(B) attempt or conspiracy to commit first degree
murder or second degree murder of any child;
(C) solicitation to commit murder of any child,
solicitation to commit murder for hire of any child,
or solicitation to commit second degree murder of any
child;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious injury to the minor or a sibling of
the minor;

SB3183 - 35 - LRB103 37041 RLC 67156 b
(E) predatory criminal sexual assault of a child;
(E-5) aggravated criminal sexual assault;
(E-10) criminal sexual abuse in violation of
subsection (a) of Section 11-1.50 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(E-15) sexual exploitation of a child;
(E-20) permitting sexual abuse of a child;
(E-25) criminal sexual assault; or
(F) an offense in any other state the elements of
which are similar and bear a substantial relationship
to any of the foregoing offenses.
(a-1) For purposes of this subsection (4.5), good cause
exists in the following circumstances:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan a
compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make active
reasonable efforts to reunify the child and family, or
(iv) the parent is incarcerated, or the parent's prior
incarceration is a significant factor in why the child has
been in foster care for 15 months out of any 22-month
period, the parent maintains a meaningful role in the
child's life, and the Department has not documented
another reason why it would otherwise be appropriate to

SB3183 - 36 - LRB103 37041 RLC 67156 b
file a petition to terminate parental rights pursuant to
this Section and the Adoption Act. The assessment of
whether an incarcerated parent maintains a meaningful role
in the child's life may include consideration of the
following:
(A) the child's best interest;
(B) the parent's expressions or acts of
manifesting concern for the child, such as letters,
telephone calls, visits, and other forms of
communication with the child and the impact of the
communication on the child;
(C) the parent's efforts to communicate with and
work with the Department for the purpose of complying
with the service plan and repairing, maintaining, or
building the parent-child relationship; or
(D) limitations in the parent's access to family
support programs, therapeutic services, visiting
opportunities, telephone and mail services, and
meaningful participation in court proceedings.
(b) For purposes of this subsection, the date of entering
foster care is defined as the earlier of:
(1) The date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or
(2) 60 days after the date on which the child is
removed from the child's parent, guardian, or legal

SB3183 - 37 - LRB103 37041 RLC 67156 b
custodian.
(c) (Blank).
(d) (Blank).
(5) The court shall liberally allow the petitioner to
amend the petition to set forth a cause of action or to add,
amend, or supplement factual allegations that form the basis
for a cause of action up until 14 days before the adjudicatory
hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants
leave to amend upon a showing of good cause. The court may
allow amendment of the petition to conform with the evidence
at any time prior to ruling. In all cases in which the court
has granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an adequate
opportunity to prepare a defense to the amended petition.
(6) At any time before dismissal of the petition or before
final closing and discharge under Section 2-31, one or more
motions in the best interests of the minor may be filed. The
motion shall specify sufficient facts in support of the relief
requested.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/2-13.1)
Sec. 2-13.1. Early termination of active reasonable
efforts.
(1) (a) In conjunction with, or at any time subsequent to,

SB3183 - 38 - LRB103 37041 RLC 67156 b
the filing of a petition on behalf of a minor in accordance
with Section 2-13 of this Act, the State's Attorney, the
guardian ad litem, or the Department of Children and Family
Services may file a motion requesting a finding that active
reasonable efforts to reunify that minor with the minor's
parent or parents are no longer required and are to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that the
parent has:
(i) had parental rights to another child of the parent
involuntarily terminated; or
(ii) been convicted of:
(A) first degree or second degree murder of
another child of the parent;
(B) attempt or conspiracy to commit first degree
or second degree murder of another child of the
parent;
(C) solicitation to commit murder of another child
of the parent, solicitation to commit murder for hire
of another child of the parent, or solicitation to
commit second degree murder of another child of the
parent;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious bodily injury to the minor or
another child of the parent; or

SB3183 - 39 - LRB103 37041 RLC 67156 b
(E) an offense in any other state the elements of
which are similar and bear substantial relationship to
any of the foregoing offenses
unless the court sets forth in writing a compelling reason why
terminating active reasonable efforts to reunify the minor
with the parent would not be in the best interests of that
minor.
(c) The court shall also grant this motion with respect to
a parent of the minor if:
(i) after a hearing it determines that further
reunification services would no longer be appropriate, and
(ii) a dispositional hearing has already taken place.
(2) (a) The court shall hold a permanency hearing within
30 days of granting a motion pursuant to this subsection. If an
adjudicatory or a dispositional hearing, or both, has not
taken place when the court grants a motion pursuant to this
Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency
hearing is held pursuant to this subsection.
(b) Following a permanency hearing held pursuant to
paragraph (a) of this subsection, the appointed custodian or
guardian of the minor shall make reasonable efforts to place
the child in accordance with the permanency plan and goal set
by the court, and to complete the necessary steps to locate and
finalize a permanent placement.
(Source: P.A. 103-22, eff. 8-8-23.)

SB3183 - 40 - LRB103 37041 RLC 67156 b
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate orders
of default against any parent who has been properly served in
any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a parent
who was properly served in any manner, except as required by
Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing

SB3183 - 41 - LRB103 37041 RLC 67156 b
the factual basis supporting that determination, and specify,
to the extent possible, the acts or omissions or both of each
parent, guardian, or legal custodian that form the basis of
the court's findings. That finding shall appear in the order
of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Illinois State Police, which shall
include that information in its report to the President of the
school board for a school district that requests a criminal
history records check of that person, or the regional
superintendent of schools who requests a check of that person,
as required under Section 10-21.9 or 34-18.5 of the School
Code.
(2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused
or neglected or dependent, the court shall then set a time not
later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required

SB3183 - 42 - LRB103 37041 RLC 67156 b
pursuant to Section 2-13.1) to be conducted under Section 2-22
at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the
minor and the public that he be made a ward of the court. To
assist the court in making this and other determinations at
the dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court
finds that such continuance is necessary to complete the
dispositional report.
(3) The time limits of this Section may be waived only by
consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be held
within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:

SB3183 - 43 - LRB103 37041 RLC 67156 b
(i) the original or amended petition contains a
request for termination of parental rights and appointment
of a guardian with power to consent to adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the rules
of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and
public that the child be made a ward of the court;
(A-5) active reasonable efforts under subsection
(l-1) of Section 5 of the Children and Family Services
Act are inappropriate or such efforts were made and
were unsuccessful; and
(B) termination of parental rights and appointment
of a guardian with power to consent to adoption is in
the best interest of the child pursuant to Section
2-29.
(Source: P.A. 102-538, eff. 8-20-21.)

SB3183 - 44 - LRB103 37041 RLC 67156 b
(705 ILCS 405/2-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite the legal custodian or guardian into
court and require the legal custodian, guardian, or the legal
custodian's or guardian's agency to make a full and accurate
report of the doings of the legal custodian, guardian, or
agency on behalf of the minor. The custodian or guardian,
within 10 days after such citation, or earlier if the court
determines it to be necessary to protect the health, safety,
or welfare of the minor, shall make the report, either in
writing verified by affidavit or orally under oath in open
court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and
appoint another in the custodian's or guardian's stead or
restore the minor to the custody of the minor's parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian, or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it
is in the best interests of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts

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or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's
needs are being met in the minor's shelter placement, and if a
future placement has been identified by the Department, why
the anticipated placement is appropriate for the needs of the
minor and the anticipated placement date.
(1.6) Within 30 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and

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Family Services shall prepare a written report for filing with
the court and send copies of the report to all parties. Within
20 days of the filing of the report, or as soon thereafter as
the court's schedule allows but not more than 60 days from the
date of placement, the court shall hold a hearing to consider
the Department's report and determine whether placement of the
child in a qualified residential treatment program provides
the most effective and appropriate level of care for the child
in the least restrictive environment and if the placement is
consistent with the short-term and long-term goals for the
child, as specified in the permanency plan for the child. The
court shall approve or disapprove the placement. If
applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(1) demonstrating that on-going assessment of the
strengths and needs of the child continues to support the
determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate
environment, and that the placement is consistent with the

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short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the
child to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment
of a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the

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standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once the
plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 6
months thereafter, subject to the provisions of this Section,
unless the minor is placed in the guardianship of a suitable
relative or other person and the court determines that further
monitoring by the court does not further the health, safety,
or best interest of the child and that this is a stable
permanent placement. The permanency hearings must occur within
the time frames set forth in this subsection and may not be
delayed in anticipation of a report from any source or due to
the agency's failure to timely file its written report (this
written report means the one required under the next paragraph
and does not mean the service plan also referred to in that
paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared
within the prior 6 months at least 14 days in advance of the
hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or the minor's family
that are relevant to a permanency or placement determination

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and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. If not contained in the
agency's service plan, the agency's report shall specify if a
minor is placed in a licensed child care facility under a
corrective plan by the Department due to concerns impacting
the minor's safety and well-being. The report shall explain
the steps the Department is taking to ensure the safety and
well-being of the minor and that the minor's needs are met in
the facility. The agency's written report must detail what
progress or lack of progress the parent has made in correcting
the conditions requiring the child to be in care; whether the
child can be returned home without jeopardizing the child's
health, safety, and welfare, and, if not, what permanency goal
is recommended to be in the best interests of the child, and
why the other permanency goals are not appropriate. The
caseworker must appear and testify at the permanency hearing.
If a permanency hearing has not previously been scheduled by
the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time
frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.

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(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts
or reasonable progress and shall set a status hearing to
be held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been deemed inappropriate
and not in the child's best interests. The court shall
confirm that the Department has discussed adoption, if
appropriate, and guardianship with the caregiver prior to

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changing a goal to guardianship.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because the
minor cannot be provided for in a home environment due to
developmental disabilities or mental illness or because
the minor is a danger to self or others, provided that
goals (A) through (D) have been deemed inappropriate and
not in the child's best interests.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the
child's best interest. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent
with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing

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foster care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has deemed all other permanency
goals inappropriate based on the child's best
interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of the minor's
relative or foster care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from the
minor's placement would be detrimental to the
child; or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the

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legal and emotional benefit of permanence;
(4) The child has lived with the relative or
foster parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained

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in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All
evidence relevant to determining these questions, including
oral and written reports, may be admitted and may be relied on
to the extent of their probative value. If the court makes
findings that the Department has failed to make active efforts
to provide services as provided in the service plan, the
court's order shall specify each party that failure applies to
and the applicable time period.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting
Act, any portion of the service plan compels a child or parent
to engage in any activity or refrain from any activity that is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of the child's parents, guardian, or legal custodian or that
the court has found must be remedied prior to returning the
child home. Any tasks the court requires of the parents,
guardian, or legal custodian or child prior to returning the
child home must be reasonably related to remedying a condition

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or conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop,
modify, or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal custody
and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting

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the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days of the date
of the order. The court shall continue the matter until the new
service plan is filed. Except as authorized by subsection
(2.5) of this Section and as otherwise specifically authorized
by law, the court is not empowered under this Section to order
specific placements, specific services, or specific service
providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for relief
by mandamus filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court

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may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (2.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be

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achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short-term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (A) if so, whether the
services were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan
and goal, recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest, and special
needs of the minor and, if the minor is placed
out-of-state, whether the out-of-state placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for

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the restoration of the minor to the custody of the minor's
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
When parental rights have been terminated for a
minimum of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make active reasonable efforts to locate parents
whose rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The

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Department of Children and Family Services shall assess
the appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian, or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering the minor's health or safety
and it is in the best interest of the minor, and if such
neglect, abuse, or dependency is found by the court under
paragraph (1) of Section 2-21 of this Act to have come about
due to the acts or omissions or both of such parent, guardian,
or legal custodian, until such time as an investigation is
made as provided in paragraph (5) and a hearing is held on the
issue of the health, safety, and best interest of the minor and
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor. If a motion is filed to modify or vacate a private
guardianship order and return the child to a parent, guardian,
or legal custodian, the court may order the Department of
Children and Family Services to assess the minor's current and

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proposed living arrangements and to provide ongoing monitoring
of the health, safety, and best interest of the minor during
the pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating the minor's guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders
otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent
until given notice and an opportunity to be heard by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter
an order of protective supervision in accordance with Section
2-24.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of

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protective supervision entered in accordance with Section
2-24.
(5) Whenever a parent, guardian, or legal custodian files
a motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering the minor's health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.

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(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
Section 10. 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

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

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

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

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child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (5) predatory criminal sexual
assault of a child in violation of Section 11-1.40 or
12-14.1 of the Criminal Code of 1961 or the Criminal Code
of 2012; (6) heinous battery of any child in violation of
the Criminal Code of 1961; (7) aggravated battery of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (8) any violation of Section
11-1.20 or Section 12-13 of the Criminal Code of 1961 or
the Criminal Code of 2012; (9) any violation of subsection
(a) of Section 11-1.50 or Section 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012; (10) any
violation of Section 11-9.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (11) any violation of
Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012; or (12) an offense in any other
state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other

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state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one
year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois

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Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section
2-3 of the Juvenile Court Act of 1987 or dependent minor
under Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the
child from the parent and if those services were

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available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child to
the parent" includes the parent's failure to substantially
fulfill his or her obligations under the service plan and
correct the conditions that brought the child into care
during any 9-month period following the adjudication under
Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading
that specifies the 9-month period or periods relied on.
The pleading shall be filed and served on the parties no
later than 3 weeks before the date set by the court for
closure of discovery, and the allegations in the pleading
shall be treated as incorporated into the petition or
motion. Failure of a respondent to file a written denial
of the allegations in the pleading shall not be treated as
an admission that the allegations are true. A parent shall
not be found unfit under this subsection (m) for failure
to make reasonable efforts or reasonable progress for any
9-month period during which a court, hearing a case under
Article II of the Juvenile Court Act of 1987, found that
the Department failed to make active efforts, as defined
in Section 1-3 of the Juvenile Court Act of 1987 with
respect to that parent. This provision applies to findings

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of failure to make active efforts made on or after the
effective date of this amendatory Act of the 103rd General
Assembly.
(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
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

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circumstances, including the financial condition of both
parents; provided that the ground for termination provided
in this subparagraph (n)(2)(ii) shall only be available
where the petition is brought by the mother or the husband
of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.

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(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental
Health and Developmental Disabilities Code, or
developmental disability as defined in Section 1-106 of
that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from

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discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act, or a metabolite of a
controlled substance, with the exception of controlled
substances or metabolites of such substances, the presence
of which in the newborn infant was the result of medical
treatment administered to the mother or the newborn
infant, and that the biological mother of this child is
the biological mother of at least one other child who was
adjudicated a neglected minor under subsection (c) of
Section 2-3 of the Juvenile Court Act of 1987, after which
the biological mother had the opportunity to enroll in and
participate in a clinically appropriate substance abuse
counseling, treatment, and rehabilitation program.

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E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent
is void pursuant to subsection O of Section 10 of this Act; or
(2) the person executed a consent to adoption by a specified
person or persons pursuant to subsection A-1 of Section 10 of
this Act and a court of competent jurisdiction finds that the
consent is void; or (3) the order terminating the parental
rights of the person is vacated by a court of competent
jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter
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;

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(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female", as
the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
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).

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M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State that must be met by a prospective adoptive parent
prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the

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

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welfare failed to vaccinate, delayed vaccination, or refused
vaccination for the child due to a waiver on religious or
medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a
person who is biologically or genetically related to that
child as a parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on the Placement of

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

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Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or
(3) because her maternity or adoption of the child has
been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or
within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the

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