Bill Text: IL SB3668 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the School Code. Removes language exempting children from medical examinations and immunizations on religious grounds. Makes other changes. Amends the College Student Immunization Act. Removes language exempting proof of immunization if specified persons object to immunizations on religious grounds. Amends the Consent by Minors to Health Care Services Act. Provides that, notwithstanding any other provision of law to the contrary, a minor who is 14 years of age or older shall have the right to have administered to the minor an adequate dose or doses of an immunizing agent, vaccine, or booster shot for communicable diseases, regardless of whether the minor's parent or guardian consents to the administration of the immunizing agent, vaccine, or booster shot. Amends the Communicable Disease Prevention Act. Removes language providing that the Act does not apply if a parent or guardian of a child objects to immunization of his or her child for conflicting with his or her religious tenets or practices. Amends the Immunization Data Registry Act. Provides that specified persons shall (currently, may) provide immunization data or provider reports for patients less than 14 (currently, 18). Amends the Adoption Act. Removes language providing that a child shall not be considered neglected or abused for the sole reason that specified persons failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious grounds. Repeals the Mercury-Free Vaccination Act. Effective July 1, 2022.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3668 Detail]

Download: Illinois-2019-SB3668-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3668 Introduced 2/14/2020, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
110 ILCS 20/3 from Ch. 144, par. 2603
410 ILCS 210/4.5 new
410 ILCS 315/1.5
410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
410 ILCS 527/15
750 ILCS 50/1 from Ch. 40, par. 1501
410 ILCS 51/Act rep.
Amends the School Code. Removes language exempting children from medical examinations and immunizations on religious grounds. Makes other changes. Amends the College Student Immunization Act. Removes language exempting proof of immunization if specified persons object to immunizations on religious grounds. Amends the Consent by Minors to Health Care Services Act. Provides that, notwithstanding any other provision of law to the contrary, a minor who is 14 years of age or older shall have the right to have administered to the minor an adequate dose or doses of an immunizing agent, vaccine, or booster shot for communicable diseases, regardless of whether the minor's parent or guardian consents to the administration of the immunizing agent, vaccine, or booster shot. Amends the Communicable Disease Prevention Act. Removes language providing that the Act does not apply if a parent or guardian of a child objects to immunization of his or her child for conflicting with his or her religious tenets or practices. Amends the Immunization Data Registry Act. Provides that specified persons shall (currently, may) provide immunization data or provider reports for patients less than 14 (currently, 18). Amends the Adoption Act. Removes language providing that a child shall not be considered neglected or abused for the sole reason that specified persons failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious grounds. Repeals the Mercury-Free Vaccination Act. Effective July 1, 2022.
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A BILL FOR
SB3668 LRB101 18834 CPF 68291 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
27-8.1 as follows:
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order

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to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
(1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second, sixth, and ninth
grades of any public, private, or parochial school shall have a
dental examination. Each of these children shall present proof
of having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second, sixth, or ninth
grade fails to present proof by May 15th, the school may hold
the child's report card until one of the following occurs: (i)
the child presents proof of a completed dental examination or
(ii) the child presents proof that a dental examination will
take place within 60 days after May 15th. The Department of

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Public Health shall establish, by rule, a waiver for children
who show an undue burden or a lack of access to a dentist. Each
public, private, and parochial school must give notice of this
dental examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after January 1, 2008 (the effective
date of Public Act 95-671) and any student enrolling for the
first time in a public, private, or parochial school on or
after January 1, 2008 (the effective date of Public Act 95-671)
shall have an eye examination. Each of these children shall
present proof of having been examined by a physician licensed
to practice medicine in all of its branches or a licensed
optometrist within the previous year, in accordance with this
Section and rules adopted under this Section, before October
15th of the school year. If the child fails to present proof by
October 15th, the school may hold the child's report card until
one of the following occurs: (i) the child presents proof of a
completed eye examination or (ii) the child presents proof that
an eye examination will take place within 60 days after October
15th. The Department of Public Health shall establish, by rule,
a waiver for children who show an undue burden or a lack of
access to a physician licensed to practice medicine in all of
its branches who provides eye examinations or to a licensed
optometrist. Each public, private, and parochial school must

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give notice of this eye examination requirement to the parents
and guardians of students in compliance with rules of the
Department of Public Health. Nothing in this Section shall be
construed to allow a school to exclude a child from attending
because of a parent's or guardian's failure to obtain an eye
examination for the child.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include an
age-appropriate developmental screening, an age-appropriate
social and emotional screening, and the collection of data
relating to asthma and obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), and a dental examination and may recommend by rule that
certain additional examinations be performed. The rules and
regulations of the Department of Public Health shall specify
that a tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. With respect to the developmental screening and
the social and emotional screening, the Department of Public
Health must, no later than January 1, 2019, develop rules and
appropriate revisions to the Child Health Examination form in
conjunction with a statewide organization representing school
boards; a statewide organization representing pediatricians;

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statewide organizations representing individuals holding
Illinois educator licenses with school support personnel
endorsements, including school social workers, school
psychologists, and school nurses; a statewide organization
representing children's mental health experts; a statewide
organization representing school principals; the Director of
Healthcare and Family Services or his or her designee, the
State Superintendent of Education or his or her designee; and
representatives of other appropriate State agencies and, at a
minimum, must recommend the use of validated screening tools
appropriate to the child's age or grade, and, with regard to
the social and emotional screening, require recording only
whether or not the screening was completed. The rules shall
take into consideration the screening recommendations of the
American Academy of Pediatrics and must be consistent with the
State Board of Education's social and emotional learning
standards. The Department of Public Health shall specify that a
diabetes screening as defined by rule shall be included as a
required part of each health examination. Diabetes testing is
not required.
Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the
performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by

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subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's

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parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months.".
(2.5) With respect to the developmental screening and the
social and emotional screening portion of the health
examination, each child may present proof of having been
screened in accordance with this Section and the rules adopted
under this Section before October 15th of the school year. With
regard to the social and emotional screening only, the
examining health care provider shall only record whether or not
the screening was completed. If the child fails to present
proof of the developmental screening or the social and
emotional screening portions of the health examination by
October 15th of the school year, qualified school support
personnel may, with a parent's or guardian's consent, offer the
developmental screening or the social and emotional screening
to the child. Each public, private, and parochial school must
give notice of the developmental screening and social and
emotional screening requirements to the parents and guardians
of students in compliance with the rules of the Department of
Public Health. Nothing in this Section shall be construed to
allow a school to exclude a child from attending because of a

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parent's or guardian's failure to obtain a developmental
screening or a social and emotional screening for the child.
Once a developmental screening or a social and emotional
screening is completed and proof has been presented to the
school, the school may, with a parent's or guardian's consent,
make available appropriate school personnel to work with the
parent or guardian, the child, and the provider who signed the
screening form to obtain any appropriate evaluations and
services as indicated on the form and in other information and
documentation provided by the parents, guardians, or provider.
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to asthma and obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date
of exam), on uniform forms which the Department of Public
Health and the State Board of Education shall prescribe for
statewide use. The examiner shall summarize on the report form

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any condition that he or she suspects indicates a need for
special services, including for a health examination factors
relating to asthma or obesity. The duty to summarize on the
report form does not apply to social and emotional screenings.
The confidentiality of the information and records relating to
the developmental screening and the social and emotional
screening shall be determined by the statutes, rules, and
professional ethics governing the type of provider conducting
the screening. The individuals confirming the administration
of required immunizations shall record as indicated on the form
that the immunizations were administered.
(5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of

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the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations, eye
examinations, and the developmental screening and the social
and emotional screening portions of the health examination. If
the student is an out-of-state transfer student and does not
have the proof required under this subsection (5) before
October 15 of the current year or whatever date is set by the
school district, then he or she may only attend classes (i) if
he or she has proof that an appointment for the required
vaccinations has been scheduled with a party authorized to
submit proof of the required vaccinations. If the proof of

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vaccination required under this subsection (5) is not submitted
within 30 days after the student is permitted to attend
classes, then the student is not to be permitted to attend
classes until proof of the vaccinations has been properly
submitted. No school district or employee of a school district
shall be held liable for any injury or illness to another
person that results from admitting an out-of-state transfer
student to class that has an appointment scheduled pursuant to
this subsection (5).
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
Every school shall report to the State Board of Education

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by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 or 18-8.15 to the school district for such year

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may be withheld by the State Board of Education until the
number of students in compliance with subsection (5) is the
applicable specified percentage or higher.
(8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student
and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that

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education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices (ACIP), the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be exempted from required immunizations based on
ACIP-defined contraindications more susceptible to
experiencing an adverse vaccine reaction than the general
population, and, if so, the healthcare provider may exempt the
child from an immunization or adopt an individualized
immunization schedule. The child's medical exemption shall be
re-certified by the healthcare provider each school year. The
Department of Public Health shall adopt administrative rules to
exclude unvaccinated children when a school's vaccination rate
per disease falls below the scientifically established herd
immunity level in accordance with the Department's rules under
77 Ill. Adm. Code 690. The Certificate of Religious Exemption

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shall be created by the Department of Public Health and shall
be made available and used by parents and legal guardians by
the beginning of the 2015-2016 school year. Parents or legal
guardians must submit the Certificate of Religious Exemption to
their local school authority prior to entering kindergarten,
sixth grade, and ninth grade for each child for which they are
requesting an exemption. The religious objection stated need
not be directed by the tenets of an established religious
organization. However, general philosophical or moral
reluctance to allow physical examinations, eye examinations,
immunizations, vision and hearing screenings, or dental
examinations does not provide a sufficient basis for an
exception to statutory requirements. The local school
authority is responsible for determining if the content of the
Certificate of Religious Exemption constitutes a valid
religious objection. The local school authority shall inform
the parent or legal guardian of exclusion procedures, in
accordance with the Department's rules under Part 690 of Title
77 of the Illinois Administrative Code, at the time the
objection is presented.
If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.

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A medical exemption from immunizations Exempting a child
from the health, dental, or eye examination does not exempt the
child from participation in the program of physical education
training provided in Sections 27-5 through 27-7 of this Code.
(8.5) The school board of a school district shall include
informational materials regarding influenza and influenza
vaccinations and meningococcal disease and meningococcal
vaccinations developed, provided, or approved by the
Department of Public Health under Section 2310-700 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois when the board provides
information on immunizations, infectious diseases,
medications, or other school health issues to the parents or
guardians of students.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
eff. 7-12-19.)
Section 10. The College Student Immunization Act is amended
by changing Section 3 as follows:

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(110 ILCS 20/3) (from Ch. 144, par. 2603)
Sec. 3. Exceptions.
(a) The provisions of this Act shall not apply to: (1)
persons enrolled in a post-secondary educational institution
on or before the effective date of this Act; (2) persons
enrolled less than half-time during a term or semester; or (3)
persons whose instruction solely involves research, field work
or study outside of a classroom environment.
(b) No proof of immunization shall be required if a
physician licensed to practice medicine in all of its branches
certifies that any immunization required by the Department is
medically contraindicated.
(c) (Blank) No proof of immunization shall be required if
the person or his or her parent or guardian presents a signed
statement that he or she objects to immunizations on religious
grounds.
(d) The certificate of medical exemption or statement of
religious objection required by this Section shall be presented
to the post-secondary educational institution.
(Source: P.A. 85-1315; 86-1406.)
Section 15. The Consent by Minors to Health Care Services
Act is amended by adding Section 4.5 as follows:
(410 ILCS 210/4.5 new)
Sec. 4.5. Immunization. Notwithstanding any other

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provision of law to the contrary, a minor who is 14 years of
age or older shall have the right to have administered to the
minor, by a licensed health care provider or properly
authorized pharmacist in Illinois, an adequate dose or doses of
an immunizing agent, vaccine, or booster shot for communicable
diseases, including, but not limited to, poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenza
type b (Hib), pertussis, tetanus, pneumococcal disease,
meningococcal disease, human papillomavirus (HPV), hepatitis
B, or influenza, regardless of whether the minor's parent or
guardian consents to the administration of the immunizing
agent, vaccine, or booster shot. If the minor's parent or
guardian does not consent, the minor shall be deemed to have
the same legal capacity to act and the same powers and
obligations as a person of legal age of majority. The consent
of the minor to the administration of an immunizing agent,
vaccine, or booster shot shall be valid and binding as if the
minor had attained the age of majority. The consent shall not
be voidable or subject to later disaffirmance because of
minority.
Section 20. The Communicable Disease Prevention Act is
amended by changing Sections 1.5 and 2 as follows:
(410 ILCS 315/1.5)
Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding

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Section 2 of this Act, within 30 days of the effective date of
this amendatory Act of the 95th General Assembly, the
Department shall promulgate rules and regulations, and shall
submit those rules and regulations in accordance with the
rulemaking first notice requirements under Section 5-40 of the
Illinois Administrative Procedure Act, requiring the
age-appropriate series of pneumococcal conjugate vaccine, as
recommended by the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention, to
a child younger than 2 years of age who is enrolled or
enrolling in a licensed child care facility, as that term is
defined in the Child Care Act of 1969. The Department shall
also establish protocols for children younger than 2 years of
age to catch up on missed doses. A child care facility must be
able to furnish proof of compliance with this Section for all
children at the facility, beginning January 1, 2008.
The provisions of this Section shall not apply if:
(1) the parent or guardian of the child objects thereto
on the grounds that the administration of immunizing agents
conflicts with his or her religious tenets or practices; or
(2) a physician employed by the parent or guardian to
provide care and treatment to the child states that the
physical condition of the child is such that the
administration of the required immunizing agent would be
detrimental to the health of the child.
(Source: P.A. 95-159, eff. 8-14-07.)

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(410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
Sec. 2. The Department of Public Health shall promulgate
rules and regulations requiring immunization of children
against preventable communicable diseases designated by the
Director. Before any regulation or amendment thereto is
prescribed, the Department shall conduct a public hearing
regarding such regulation. In addition, before any regulation
or any amendment to a regulation is adopted, and after the
Immunization Advisory Committee has made its recommendations,
the State Board of Health shall conduct 3 public hearings,
geographically distributed throughout the State, regarding the
regulation or amendment to the regulation. At the conclusion of
the hearings, the State Board of Health shall issue a report,
including its recommendations, to the Director. The Director
shall take into consideration any comments or recommendations
made by the Board based on these hearings. The Department may
prescribe additional rules and regulations for immunization of
other diseases as vaccines are developed.
The provisions of this Act shall not apply if a :
1. The parent or guardian of the child objects thereto on
the grounds that the administration of immunizing agents
conflicts with his religious tenets or practices or,
2. A physician employed by the parent or guardian to
provide care and treatment to the child states that the
physical condition of the child is such that the administration

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of one or more of the required immunizing agents would be
detrimental to the health of the child.
(Source: P.A. 90-607, eff. 6-30-98.)
Section 25. The Immunization Data Registry Act is amended
by changing Section 15 as follows:
(410 ILCS 527/15)
Sec. 15. Provision of immunization data to registry;
exemption forms; written information on immunization registry.
(a) A health care provider, physician's designee, or
pharmacist's designee shall may provide immunization data to be
entered into the immunization data registry in a manner
prescribed by the Department and for the purposes allowed under
this Act unless the patient or the patient's parent or
guardian, if the patient is less than 14 18 years of age, has
completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption
form.
(b) The Department shall create and provide copies of
immunization data exemption forms to health care providers who
are authorized to administer immunizations and individuals who
request the form. The forms shall also be accessible from the
immunization data registry system itself.
(c) The Department shall distribute to health care
providers, upon request, written information to be

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disseminated to patients that describes the immunization data
registry. The written information and the immunization data
exemption forms must include all of the following information:
(1) A description of the immunization data registry and
its purpose.
(2) That the health care provider shall may report
immunization data to the Department to be entered into the
immunization data registry.
(3) That the patient or the patient's parent or
guardian, if the patient is less than 14 18 years of age,
has a right to exempt disclosure of immunization data to
the registry and may prevent disclosure by signing an
immunization data exemption form.
(4) That the patient or the patient's parent or
guardian, if the patient is less than 14 18 years of age,
may have the individual's information removed from the
immunization data registry.
(5) Instructions on how to have the information
removed.
(Source: P.A. 97-117, eff. 7-14-11.)
Section 30. 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

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context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital Records
Act or Section 12a of this Act, or whose parent has had his or
her parental rights terminated, is not a related child to that
person, unless (1) the consent is determined to be void or is
void pursuant to subsection O of Section 10 of this Act; or (2)
the parent of the child executed a consent to adoption 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.

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

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overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant to
Article V of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(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

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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) 1 or (2) 2 of subsection (a) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 or
conviction of second degree murder in violation of
subsection (a) of Section 9-2 of the Criminal Code of 1961
or the Criminal Code of 2012 of a parent of the child to be
adopted; (2) first degree murder or second degree murder of
any child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (3) attempt or conspiracy to commit
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961 or the Criminal Code
of 2012; (4) solicitation to commit murder of any child,
solicitation to commit murder of any child for hire, or
solicitation to commit second degree murder 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

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1961; (7) aggravated battery of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (8)
any violation of Section 11-1.20 or Section 12-13 of the
Criminal Code of 1961 or the Criminal Code of 2012; (9) any
violation of subsection (a) of Section 11-1.50 or Section
12-16 of the Criminal Code of 1961 or the Criminal Code of
2012; (10) any violation of Section 11-9.1 of the Criminal
Code of 1961 or the Criminal Code of 2012; (11) any
violation of Section 11-9.1A of the Criminal Code of 1961
or the Criminal Code of 2012; or (12) an offense in any
other state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
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.

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No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the
mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
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

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

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with the court and serve on the parties a pleading that
specifies the 9-month period or periods relied on. The
pleading shall be filed and served on the parties no later
than 3 weeks before the date set by the court for closure
of discovery, and the allegations in the pleading shall be
treated as incorporated into the petition or motion.
Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an
admission that the allegations are true.
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the 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

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being so informed where the child is not yet born, within
30 days of the child's birth, or (ii) to make a good faith
effort to pay a reasonable amount of the expenses related
to the birth of the child and to provide a reasonable
amount for the financial support of the child, the court to
consider in its determination all relevant circumstances,
including the financial condition of both parents;
provided that the ground for termination provided in this
subparagraph (n)(2)(ii) shall only be available where the
petition is brought by the mother or the husband of the
mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not require
a showing of diligent efforts by an authorized agency to
encourage the parent to perform the acts specified in
subdivision (n).

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It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental Health
and Developmental Disabilities Code, or developmental
disability as defined in Section 1-106 of that Code, and
there is sufficient justification to believe that the
inability to discharge parental responsibilities shall
extend beyond a reasonable time period. However, this
subdivision (p) shall not be construed so as to permit a
licensed clinical social worker to conduct any medical
diagnosis to determine mental illness or mental
impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family

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Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant was the result of medical treatment
administered to the mother or the newborn infant, and that
the biological mother of this child is the biological

SB3668 - 34 - LRB101 18834 CPF 68291 b
mother of at least one other child who was adjudicated a
neglected minor under subsection (c) of Section 2-3 of the
Juvenile Court Act of 1987, after which the biological
mother had the opportunity to enroll in and participate in
a clinically appropriate substance abuse counseling,
treatment, and rehabilitation program.
E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent is
void pursuant to subsection O of Section 10 of this Act; or (2)
the person executed a consent to adoption by a specified person
or persons pursuant to subsection A-1 of Section 10 of this Act
and a court of competent jurisdiction finds that the consent is
void; or (3) the order terminating the parental rights of the
person is vacated by a court of competent jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by

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law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by

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

SB3668 - 37 - LRB101 18834 CPF 68291 b
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through

SB3668 - 38 - LRB101 18834 CPF 68291 b
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other
person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a person
who is biologically or genetically related to that child as a

SB3668 - 39 - LRB101 18834 CPF 68291 b
parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on the Placement of
Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
denial of paternity pursuant to Section 12 of the Vital
Records Act or a waiver pursuant to Section 10 of this Act;
or
(2) because his paternity of the child has been
established pursuant to the Illinois Parentage Act, the
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

SB3668 - 40 - LRB101 18834 CPF 68291 b
(4) because his paternity or adoption of the child has
been established by a court of competent jurisdiction.
The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or
(3) because her maternity or adoption of the child has
been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or
within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or

SB3668 - 41 - LRB101 18834 CPF 68291 b
Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the adoption
is finalized.
BB. "Secondary placement" means a placement, including but
not limited to the placement of a youth in care as defined in
Section 4d of the Children and Family Services Act, that occurs
after a placement disruption or an adoption dissolution.
"Secondary placement" does not mean secondary placements
arising due to the death of the adoptive parent of the child.
CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.
DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, mental health
treatment, including counseling and other support services for
emotional, behavioral, or developmental needs, and treatment
for substance abuse.
(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;

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101-529, eff. 1-1-20; revised 9-17-19.)
(410 ILCS 51/Act rep.)
Section 35. The Mercury-Free Vaccine Act is repealed.
Section 99. Effective date. This Act takes effect July 1,
2022.