HB0003ham005 103RD GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/9/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3

2    AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. This Act may be referred to as the
6Reproductive Liberty and Justice Act.
 
7    Section 5. The Substance Use Disorder Act is amended by
8adding Section 35-15 as follows:
 
9    (20 ILCS 301/35-15 new)
10    Sec. 35-15. Plans of Safe Care. The Division of Substance
11Use Prevention and Recovery, in consultation with the Illinois
12Perinatal Quality Collaborative or its successor organization,
13shall develop a standardized Plan of Safe Care form to support
14discharge planning for mothers and infants affected by
15prenatal substance exposure. Plans of Safe Care shall not be

 

 

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1recorded in the State Central Registry described in Section 7
2of the Abused and Neglected Child Reporting Act and shall not
3be discoverable or admissible as evidence in any proceeding
4pursuant to the Juvenile Court Act of 1987 or the Adoption Act
5unless the named party waives his or her right to
6confidentiality in writing.
7    As used in this Section, "Plan of Safe Care" means a
8written or electronic document designed to ensure the safety
9and well-being of a newborn who has been identified by his or
10her health care provider as being affected by prenatal
11substance exposure or withdrawal symptoms, or a fetal alcohol
12spectrum disorder (FASD), and his or her gestational parent.
 
13    Section 10. The Hospital Licensing Act is amended by
14changing Section 11.4 and by adding Section 11.9 as follows:
 
15    (210 ILCS 85/11.4)
16    Sec. 11.4. Disposition of fetus. A hospital having custody
17of a fetus following a spontaneous fetal demise occurring
18during or after a gestation period of less than 20 completed
19weeks must notify the mother of her right to arrange for the
20burial or cremation of the fetus. Notification may also
21include other options such as, but not limited to, a ceremony,
22a certificate, or common burial or cremation of fetal tissue.
23If, within 24 hours after being notified under this Section,
24the mother elects in writing to arrange for the burial or

 

 

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1cremation of the fetus, the disposition of the fetus shall be
2subject to the same laws and rules that apply in the case of a
3fetal death that occurs in this State after a gestation period
4of 20 completed weeks or more. The Department of Public Health
5shall develop forms to be used for notifications and elections
6under this Section and hospitals shall provide the forms to
7the mother.
8(Source: P.A. 96-338, eff. 1-1-10.)
 
9    (210 ILCS 85/11.9 new)
10    Sec. 11.9. Certificate of birth resulting in stillbirth;
11notification. This Section may be referred to as Liam's Law.
12    A hospital having custody of a fetus following a
13spontaneous fetal death occurring during or after a gestation
14period of at least 20 completed weeks must notify the
15gestational parent of the parent's right to receive a
16certificate of birth resulting in stillbirth as described in
17Section 20.5 of the Vital Records Act. The Department of
18Public Health shall develop a form to be used for notification
19under this Section and hospitals shall provide the form to the
20gestational parent. This form shall be known as a "Liam's Law
21notice." The Department of Public Health shall consult with
22the 2 Illinois-based Fetal Infant Mortality Review Project
23Community Action Teams, or their successor organizations, to
24ensure that any language included in the standardized "Liam's
25Law notice" is culturally sensitive to the needs of bereaved

 

 

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1families. The "Liam's Law notice" shall be available in both
2English and Spanish.
 
3    Section 15. The Abused and Neglected Child Reporting Act
4is amended by changing Sections 3, 5, and 7.3 and by adding
5Section 3.5 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an
14adult resident is abused or neglected.
15    "Agency" means a child care facility licensed under
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
17includes a transitional living program that accepts children
18and adult residents for placement who are in the guardianship
19of the Department.
20    "Blatant disregard" means an incident where the real,
21significant, and imminent risk of harm would be so obvious to a
22reasonable parent or caretaker that it is unlikely that a
23reasonable parent or caretaker would have exposed the child to
24the danger without exercising precautionary measures to

 

 

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1protect the child from harm. With respect to a person working
2at an agency in his or her professional capacity with a child
3or adult resident, "blatant disregard" includes a failure by
4the person to perform job responsibilities intended to protect
5the child's or adult resident's health, physical well-being,
6or welfare, and, when viewed in light of the surrounding
7circumstances, evidence exists that would cause a reasonable
8person to believe that the child was neglected. With respect
9to an agency, "blatant disregard" includes a failure to
10implement practices that ensure the health, physical
11well-being, or welfare of the children and adult residents
12residing in the facility.
13    "CAPTA notification" refers to notification to the
14Department of an infant who has been born and identified as
15affected by prenatal substance exposure or a fetal alcohol
16spectrum disorder as required under the federal Child Abuse
17Prevention and Treatment Act.
18    "Child" means any person under the age of 18 years, unless
19legally emancipated by reason of marriage or entry into a
20branch of the United States armed services.
21    "Department" means Department of Children and Family
22Services.
23    "Local law enforcement agency" means the police of a city,
24town, village or other incorporated area or the sheriff of an
25unincorporated area or any sworn officer of the Illinois State
26Police.

 

 

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1    "Abused child" means a child whose parent or immediate
2family member, or any person responsible for the child's
3welfare, or any individual residing in the same home as the
4child, or a paramour of the child's parent:
5        (a) inflicts, causes to be inflicted, or allows to be
6    inflicted upon such child physical injury, by other than
7    accidental means, which causes death, disfigurement,
8    impairment of physical or emotional health, or loss or
9    impairment of any bodily function;
10        (b) creates a substantial risk of physical injury to
11    such child by other than accidental means which would be
12    likely to cause death, disfigurement, impairment of
13    physical or emotional health, or loss or impairment of any
14    bodily function;
15        (c) commits or allows to be committed any sex offense
16    against such child, as such sex offenses are defined in
17    the Criminal Code of 2012 or in the Wrongs to Children Act,
18    and extending those definitions of sex offenses to include
19    children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon such child;
22        (e) inflicts excessive corporal punishment or, in the
23    case of a person working for an agency who is prohibited
24    from using corporal punishment, inflicts corporal
25    punishment upon a child or adult resident with whom the
26    person is working in his or her professional capacity;

 

 

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1        (f) commits or allows to be committed the offense of
2    female genital mutilation, as defined in Section 12-34 of
3    the Criminal Code of 2012, against the child;
4        (g) causes to be sold, transferred, distributed, or
5    given to such child under 18 years of age, a controlled
6    substance as defined in Section 102 of the Illinois
7    Controlled Substances Act in violation of Article IV of
8    the Illinois Controlled Substances Act or in violation of
9    the Methamphetamine Control and Community Protection Act,
10    except for controlled substances that are prescribed in
11    accordance with Article III of the Illinois Controlled
12    Substances Act and are dispensed to such child in a manner
13    that substantially complies with the prescription;
14        (h) commits or allows to be committed the offense of
15    involuntary servitude, involuntary sexual servitude of a
16    minor, or trafficking in persons as defined in Section
17    10-9 of the Criminal Code of 2012 against the child; or
18        (i) commits the offense of grooming, as defined in
19    Section 11-25 of the Criminal Code of 2012, against the
20    child.
21    A child shall not be considered abused for the sole reason
22that the child has been relinquished in accordance with the
23Abandoned Newborn Infant Protection Act.
24    "Neglected child" means any child who is not receiving the
25proper or necessary nourishment or medically indicated
26treatment including food or care not provided solely on the

 

 

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1basis of the present or anticipated mental or physical
2impairment as determined by a physician acting alone or in
3consultation with other physicians or otherwise is not
4receiving the proper or necessary support or medical or other
5remedial care recognized under State law as necessary for a
6child's well-being, or other care necessary for his or her
7well-being, including adequate food, clothing and shelter; or
8who is subjected to an environment which is injurious insofar
9as (i) the child's environment creates a likelihood of harm to
10the child's health, physical well-being, or welfare and (ii)
11the likely harm to the child is the result of a blatant
12disregard of parent, caretaker, person responsible for the
13child's welfare, or agency responsibilities; or who is
14abandoned by his or her parents or other person responsible
15for the child's welfare without a proper plan of care; or who
16has been provided with interim crisis intervention services
17under Section 3-5 of the Juvenile Court Act of 1987 and whose
18parent, guardian, or custodian refuses to permit the child to
19return home and no other living arrangement agreeable to the
20parent, guardian, or custodian can be made, and the parent,
21guardian, or custodian has not made any other appropriate
22living arrangement for the child; or who is a newborn infant
23whose blood, urine, or meconium contains any amount of a
24controlled substance as defined in subsection (f) of Section
25102 of the Illinois Controlled Substances Act or a metabolite
26thereof, with the exception of a controlled substance or

 

 

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1metabolite thereof whose presence in the newborn infant is the
2result of medical treatment administered to the mother or the
3newborn infant. A child shall not be considered neglected for
4the sole reason that the child's parent or other person
5responsible for his or her welfare has left the child in the
6care of an adult relative for any period of time. A child shall
7not be considered neglected for the sole reason that the child
8has been relinquished in accordance with the Abandoned Newborn
9Infant Protection Act. A child shall not be considered
10neglected or abused for the sole reason that such child's
11parent or other person responsible for his or her welfare
12depends upon spiritual means through prayer alone for the
13treatment or cure of disease or remedial care as provided
14under Section 4 of this Act. A child shall not be considered
15neglected or abused solely because the child is not attending
16school in accordance with the requirements of Article 26 of
17The School Code, as amended.
18    "Child Protective Service Unit" means certain specialized
19State employees of the Department assigned by the Director to
20perform the duties and responsibilities as provided under
21Section 7.2 of this Act.
22    "Near fatality" means an act that, as certified by a
23physician, places the child in serious or critical condition,
24including acts of great bodily harm inflicted upon children
25under 13 years of age, and as otherwise defined by Department
26rule.

 

 

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1    "Great bodily harm" includes bodily injury which creates a
2high probability of death, or which causes serious permanent
3disfigurement, or which causes a permanent or protracted loss
4or impairment of the function of any bodily member or organ, or
5other serious bodily harm.
6    "Person responsible for the child's welfare" means the
7child's parent; guardian; foster parent; relative caregiver;
8any person responsible for the child's welfare in a public or
9private residential agency or institution; any person
10responsible for the child's welfare within a public or private
11profit or not for profit child care facility; or any other
12person responsible for the child's welfare at the time of the
13alleged abuse or neglect, including any person who commits or
14allows to be committed, against the child, the offense of
15involuntary servitude, involuntary sexual servitude of a
16minor, or trafficking in persons for forced labor or services,
17as provided in Section 10-9 of the Criminal Code of 2012,
18including, but not limited to, the custodian of the minor, or
19any person who came to know the child through an official
20capacity or position of trust, including, but not limited to,
21health care professionals, educational personnel, recreational
22supervisors, members of the clergy, and volunteers or support
23personnel in any setting where children may be subject to
24abuse or neglect.
25    "Temporary protective custody" means custody within a
26hospital or other medical facility or a place previously

 

 

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1designated for such custody by the Department, subject to
2review by the Court, including a licensed foster home, group
3home, or other institution; but such place shall not be a jail
4or other place for the detention of criminal or juvenile
5offenders.
6    "An unfounded report" means any report made under this Act
7for which it is determined after an investigation that no
8credible evidence of abuse or neglect exists.
9    "An indicated report" means a report made under this Act
10if an investigation determines that credible evidence of the
11alleged abuse or neglect exists.
12    "An undetermined report" means any report made under this
13Act in which it was not possible to initiate or complete an
14investigation on the basis of information provided to the
15Department.
16    "Subject of report" means any child reported to the
17central register of child abuse and neglect established under
18Section 7.7 of this Act as an alleged victim of child abuse or
19neglect and the parent or guardian of the alleged victim or
20other person responsible for the alleged victim's welfare who
21is named in the report or added to the report as an alleged
22perpetrator of child abuse or neglect.
23    "Perpetrator" means a person who, as a result of
24investigation, has been determined by the Department to have
25caused child abuse or neglect.
26    "Member of the clergy" means a clergyman or practitioner

 

 

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1of any religious denomination accredited by the religious body
2to which he or she belongs.
3(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
4102-813, eff. 5-13-22.)
 
5    (325 ILCS 5/3.5 new)
6    Sec. 3.5. CAPTA notification. The Department shall develop
7a standardized CAPTA notification form that is separate and
8distinct from the form for written confirmation reports of
9child abuse or neglect as described in Section 7 of this Act. A
10CAPTA notification shall not be treated as a report of
11suspected child abuse or neglect under this Act. CAPTA
12notifications shall not be recorded in the State Central
13Registry and shall not be discoverable or admissible as
14evidence in any proceeding pursuant to the Juvenile Court Act
15of 1987 or the Adoption Act.
 
16    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
17    Sec. 5. An officer of a local law enforcement agency,
18designated employee of the Department, or a physician treating
19a child may take or retain temporary protective custody of the
20child without the consent of the person responsible for the
21child's welfare, if (1) he has reason to believe that there
22exists a substantial and imminent risk of death, serious
23illness, or severe personal injury to the child if he or she is
24not immediately removed from his or her the child cannot be

 

 

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1cared for at home or from in the custody of the person
2responsible for the child's welfare without endangering the
3child's health or safety; and (2) there is not time to apply
4for a court order under the Juvenile Court Act of 1987 for
5temporary custody of the child. The person taking or retaining
6a child in temporary protective custody shall immediately make
7every reasonable effort to notify the person responsible for
8the child's welfare and shall immediately notify the
9Department. The Department shall provide to the temporary
10caretaker of a child any information in the Department's
11possession concerning the positive results of a test performed
12on the child to determine the presence of the antibody or
13antigen to Human Immunodeficiency Virus (HIV), or of HIV
14infection, as well as any communicable diseases or
15communicable infections that the child has. The temporary
16caretaker of a child shall not disclose to another person any
17information received by the temporary caretaker from the
18Department concerning the results of a test performed on the
19child to determine the presence of the antibody or antigen to
20HIV, or of HIV infection, except pursuant to Section 9 of the
21AIDS Confidentiality Act, as now or hereafter amended. The
22Department shall promptly initiate proceedings under the
23Juvenile Court Act of 1987 for the continued temporary custody
24of the child.
25    Where the physician keeping a child in his custody does so
26in his capacity as a member of the staff of a hospital or

 

 

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1similar institution, he shall notify the person in charge of
2the institution or his designated agent, who shall then become
3responsible for the further care of such child in the hospital
4or similar institution under the direction of the Department.
5    Said care includes, but is not limited to the granting of
6permission to perform emergency medical treatment to a minor
7where the treatment itself does not involve a substantial risk
8of harm to the minor and the failure to render such treatment
9will likely result in death or permanent harm to the minor, and
10there is not time to apply for a court order under the Juvenile
11Court Act of 1987.
12    Any person authorized and acting in good faith in the
13removal of a child under this Section shall have immunity from
14any liability, civil or criminal that might otherwise be
15incurred or imposed as a result of such removal. Any physician
16authorized and acting in good faith and in accordance with
17acceptable medical practice in the treatment of a child under
18this Section shall have immunity from any liability, civil or
19criminal, that might otherwise be incurred or imposed as a
20result of granting permission for emergency treatment.
21    With respect to any child taken into temporary protective
22custody pursuant to this Section, the Department of Children
23and Family Services Guardianship Administrator or his designee
24shall be deemed the child's legally authorized representative
25for purposes of consenting to an HIV test if deemed necessary
26and appropriate by the Department's Guardianship Administrator

 

 

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1or designee and obtaining and disclosing information
2concerning such test pursuant to the AIDS Confidentiality Act
3if deemed necessary and appropriate by the Department's
4Guardianship Administrator or designee and for purposes of
5consenting to the release of information pursuant to the
6Illinois Sexually Transmissible Disease Control Act if deemed
7necessary and appropriate by the Department's Guardianship
8Administrator or designee.
9    Any person who administers an HIV test upon the consent of
10the Department of Children and Family Services Guardianship
11Administrator or his designee, or who discloses the results of
12such tests to the Department's Guardianship Administrator or
13his designee, shall have immunity from any liability, civil,
14criminal or otherwise, that might result by reason of such
15actions. For the purpose of any proceedings, civil or
16criminal, the good faith of any persons required to administer
17or disclose the results of tests, or permitted to take such
18actions, shall be presumed.
19(Source: P.A. 90-28, eff. 1-1-98.)
 
20    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
21    Sec. 7.3. (a) The Department shall be the sole agency
22responsible for receiving and investigating reports of child
23abuse or neglect made under this Act, including reports of
24adult resident abuse or neglect as defined in this Act, except
25where investigations by other agencies may be required with

 

 

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1respect to reports alleging the abuse or neglect of a child by
2a person who is not the child's parent, a member of the child's
3immediate family, a person responsible for the child's
4welfare, an individual residing in the same home as the child,
5or a paramour of the child's parent, the death of a child,
6serious injury to a child or sexual abuse to a child made
7pursuant to Sections 4.1 or 7 of this Act, and except that the
8Department may delegate the performance of the investigation
9to the Illinois State Police, a law enforcement agency and to
10those private social service agencies which have been
11designated for this purpose by the Department prior to July 1,
121980.
13    (b) Notwithstanding any other provision of this Act, the
14Department shall adopt rules expressly allowing law
15enforcement personnel to investigate reports of suspected
16child abuse or neglect concurrently with the Department,
17without regard to whether the Department determines a report
18to be "indicated" or "unfounded" or deems a report to be
19"undetermined".
20    (b-1) It is unlawful for any person described in
21paragraphs (1), (2), (3), and (10) of subsection (a) of
22Section 4 to disclose to the Department or to any law
23enforcement agency the results of:
24        (1) any verbal screening questions concerning drug or
25    alcohol use of a pregnant or postpartum person;
26        (2) any toxicology test administered to a person who

 

 

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1    is pregnant or has given birth within the 12 weeks prior to
2    the administration of the toxicology test; or
3        (3) any toxicology test administered to a newborn.
4    A mandated reporter described in this subsection shall not
5disclose a patient or client's confidential information
6described under paragraphs (1), (2), or (3) to a law
7enforcement agency or to the Department unless a law
8enforcement agency has successfully obtained and furnished a
9search warrant issued under Section 108-3 of the Code of
10Criminal Procedure of 1963.
11    Within 150 days of the effective date of this amendatory
12Act of the 103rd General Assembly, any person who knowingly
13and willfully violates any provision of this Section is guilty
14of a Class A misdemeanor for a first violation and a Class 4
15felony for a second or subsequent violation.
16    (c) By June 1, 2016, the Department shall adopt rules that
17address and set forth criteria and standards relevant to
18investigations of reports of abuse or neglect committed by any
19agency, as defined in Section 3 of this Act, or person working
20for an agency responsible for the welfare of a child or adult
21resident.
22(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
23    (325 ILCS 5/4.4 rep.)
24    Section 20. The Abused and Neglected Child Reporting Act
25is amended by repealing Section 4.4.
 

 

 

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1    (410 ILCS 50/3.4 rep.)
2    Section 25. The Medical Patient Rights Act is amended by
3repealing Section 3.4.
 
4    Section 30. The Illinois Health and Hazardous Substances
5Registry Act is amended by changing Section 3 as follows:
 
6    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
7    Sec. 3. For the purposes of this Act, unless the context
8requires otherwise:
9    (a) "Department" means the Illinois Department of Public
10Health.
11    (b) "Director" means the Director of the Illinois
12Department of Public Health.
13    (c) "Council" means the Health and Hazardous Substances
14Coordinating Council created by this Act.
15    (d) "Registry" means the Illinois Health and Hazardous
16Substances Registry established by the Department of Public
17Health under Section 6 of this Act.
18    (e) "Cancer" means all malignant neoplasms, regardless of
19the tissue of origin, including malignant lymphoma and
20leukemia.
21    (f) "Cancer incidence" means a medical diagnosis of
22cancer, consisting of a record of cases of cancer and
23specified cases of tumorous or precancerous diseases which

 

 

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1occur in Illinois, and such other information concerning these
2cases as the Department deems necessary or appropriate in
3order to conduct thorough and complete epidemiological surveys
4of cancer and cancer-related diseases in Illinois.
5    (g) "Occupational disease" includes but is not limited to
6all occupational diseases covered by the Workers' Occupational
7Diseases Act.
8    (h) "Hazardous substances" means a hazardous substance as
9defined in the Environmental Protection Act.
10    (i) "Hazardous substances incident" includes but is not
11limited to a spill, fire, or accident involving hazardous
12substances, illegal disposal, transportation, or use of
13hazardous substances, and complaints or permit violations
14involving hazardous substances.
15    (j) "Company profile" includes but is not limited to the
16name of any company operating in the State of Illinois which
17generates, uses, disposes of or transports hazardous
18substances, identification of the types of permits issued in
19such company's name relating to transactions involving
20hazardous substances, inventory of hazardous substances
21handled by such company, and the manner in which such
22hazardous substances are used, disposed of, or transported by
23the company.
24    (k)  "Hazardous nuclear material" means (1) any source or
25special nuclear material intended for use or used as an energy
26source in a production or utilization facility as defined in

 

 

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1Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
2as amended; (2) any fuel which has been discharged from such a
3facility following irradiation, the constituent elements of
4which have not been separated by reprocessing; or (3) any
5by-product material resulting from operation of such a
6facility.
7    (l) "Adverse pregnancy outcome" includes, but is not
8limited to, birth defects, spontaneous fetal death after 20
9weeks of completed gestation fetal loss, infant mortality, low
10birth weight, neonatal abstinence syndrome, newborn affected
11by prenatal substance exposure, fetal alcohol spectrum
12disorders, selected life-threatening conditions, and other
13developmental disabilities as defined by the Department.
14    "Neonatal abstinence syndrome" refers to the collection of
15signs and symptoms that occur when a newborn prenatally
16exposed to prescribed, diverted, or illicit opiates
17experiences opioid withdrawal. This syndrome is primarily
18characterized by irritability, tremors, feeding problems,
19vomiting, diarrhea, sweating, and in some cases, seizures.
20    "Newborn affected by prenatal substance exposure" means an
21infant born and identified as being affected by substance
22abuse or withdrawal symptoms resulting from prenatal exposure
23to controlled substances or a fetal alcohol spectrum disorder.
24The health care provider involved in the delivery or care of
25the newborn determines whether the infant is affected by
26prenatal substance exposure or withdrawal symptoms.

 

 

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1    (m) "News medium" means any newspaper or other periodical
2issued at regular intervals, whether in print or electronic
3format, and having a general circulation; a news service,
4whether in print or electronic format; a radio station, a
5television station; a television network; a community antenna
6television service; and any person or corporation engaged in
7the making of news reels or other motion picture news for
8public showing.
9    (n) "Researcher" means an individual who is affiliated
10with or supported by universities, academic centers, research
11institutions, hospitals, and governmental entities who conduct
12scientific research or investigation on human diseases.
13(Source: P.A. 95-941, eff. 8-29-08.)
 
14    Section 35. The Vital Records Act is amended by changing
15Sections 20 and 20.5 as follows:
 
16    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
17    Sec. 20. Fetal death; place of registration.
18    (1) Each fetal death which occurs in this State after a
19gestation period of 20 completed weeks (or and when the mother
20elects in writing to arrange for the burial or cremation of the
21fetus under Section 11.4 of the Hospital Licensing Act) or
22more shall be registered with the local or subregistrar of the
23district in which the delivery occurred within 7 days after
24the delivery and before removal of the fetus from the State,

 

 

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1except as provided by regulation in special problem cases.
2        (a) For the purposes of this Section, if the place of
3    fetal death is unknown, a fetal death certificate shall be
4    filed in the registration district in which a dead fetus
5    is found, which shall be considered the place of fetal
6    death.
7        (b) When a fetal death occurs on a moving conveyance,
8    the city, village, township, or road district in which the
9    fetus is first removed from the conveyance shall be
10    considered the place of delivery and a fetal death
11    certificate shall be filed in the registration district in
12    which the place is located.
13        (c) The funeral director or person acting as such who
14    first assumes custody of a fetus shall file the
15    certificate. The personal data shall be obtained from the
16    best qualified person or source available. The name,
17    relationship, and address of the informant shall be
18    entered on the certificate. The date, place, and method of
19    final disposition of the fetus shall be recorded over the
20    personal signature and address of the funeral director
21    responsible for the disposition. The certificate shall be
22    presented to the person responsible for completing the
23    medical certification of the cause of death.
24    (2) The medical certification shall be completed and
25signed within 24 hours after delivery by the certifying health
26care professional in attendance at or after delivery, except

 

 

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1when investigation is required under Division 3-3 of Article 3
2of the Counties Code and except as provided by regulation in
3special problem cases.
4    (3) When a fetal death occurs without medical attendance
5upon the mother at or after the delivery, or when
6investigation is required under Division 3-3 of Article 3 of
7the Counties Code, the coroner shall be responsible for the
8completion of the fetal death certificate and shall sign the
9medical certification within 24 hours after the delivery or
10the finding of the fetus, except as provided by regulation in
11special problem cases.
12(Source: P.A. 102-257, eff. 1-1-22.)
 
13    (410 ILCS 535/20.5)
14    Sec. 20.5. Certificate of birth resulting in stillbirth.
15    (a) The State Registrar shall prescribe and distribute a
16form for a certificate of birth resulting in stillbirth. The
17certificate shall be in the same format as a certificate of
18live birth prepared under Section 12 and shall be filed in the
19same manner as a certificate of live birth.
20    (b) After each fetal death that occurs in this State after
21a gestation period of at least 20 26 completed weeks, or, in
22cases where gestational age is uncertain, where the fetus
23weighs at least 350 grams, the person who files a fetal death
24certificate in connection with that death as required under
25Section 20 shall, only upon request by the parent woman who

 

 

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1delivered the stillborn fetus, also prepare a certificate of
2birth resulting in stillbirth. The person shall prepare the
3certificate on the form prescribed and furnished by the State
4Registrar and in accordance with the rules adopted by the
5State Registrar.
6    (b-5) A person who files a fetal death certificate as
7described under subsection (b) shall notify the gestational
8parent of the stillborn of that parent's right to request and
9receive a certificate of birth resulting in stillbirth under
10subsection (b). The Department shall develop forms for
11notification under this subsection. This form shall be titled
12and known as a "Liam's Law notice."
13    (c) If the stillborn's parent or parents do not wish to
14provide a name for the stillborn, the person who prepares the
15certificate of birth resulting in stillbirth shall leave blank
16any references to the stillborn's name.
17    (d) When a stillbirth occurs in this State and the
18stillbirth has not been registered within one year after the
19delivery, a certificate marked "delayed" may be filed and
20registered in accordance with regulations adopted by the State
21Registrar. The certificate must show on its face the date of
22registration.
23    (e) In the case of a fetal death that occurred in this
24State after a gestation period of at least 20 26 completed
25weeks and before the effective date of this amendatory Act of
26the 103rd General Assembly this amendatory Act of the 93rd

 

 

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1General Assembly, a parent of the stillborn child may request
2that the person who filed a fetal death certificate in
3connection with that death as required under Section 20 shall
4also prepare a certificate of birth resulting in stillbirth
5with respect to the fetus. If a parent of a stillborn makes
6such a request under this subsection (e), the person who filed
7a fetal death certificate shall prepare the certificate of
8birth resulting in stillbirth and file it with the designated
9registrar within 30 days after the request by the parent.
10(Source: P.A. 93-578, eff. 8-21-03.)
 
11    Section 40. The Juvenile Court Act of 1987 is amended by
12changing Sections 2-3 and 2-18 as follows:
 
13    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
14    Sec. 2-3. Neglected or abused minor.
15    (1) Those who are neglected include:
16        (a) any minor under 18 years of age or a minor 18 years
17    of age or older for whom the court has made a finding of
18    probable cause to believe that the minor is abused,
19    neglected, or dependent under subsection (1) of Section
20    2-10 prior to the minor's 18th birthday who is not
21    receiving the proper or necessary support, education as
22    required by law, or medical or other remedial care
23    recognized under State law as necessary for a minor's
24    well-being, or other care necessary for his or her

 

 

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1    well-being, including adequate food, clothing and shelter,
2    or who is abandoned by his or her parent or parents or
3    other person or persons responsible for the minor's
4    welfare, except that a minor shall not be considered
5    neglected for the sole reason that the minor's parent or
6    parents or other person or persons responsible for the
7    minor's welfare have left the minor in the care of an adult
8    relative for any period of time, who the parent or parents
9    or other person responsible for the minor's welfare know
10    is both a mentally capable adult relative and physically
11    capable adult relative, as defined by this Act; or
12        (b) any minor under 18 years of age or a minor 18 years
13    of age or older for whom the court has made a finding of
14    probable cause to believe that the minor is abused,
15    neglected, or dependent under subsection (1) of Section
16    2-10 prior to the minor's 18th birthday whose environment
17    is injurious to his or her welfare; or
18        (c) (blank); or any newborn infant whose blood, urine,
19    or meconium contains any amount of a controlled substance
20    as defined in subsection (f) of Section 102 of the
21    Illinois Controlled Substances Act, as now or hereafter
22    amended, or a metabolite of a controlled substance, with
23    the exception of controlled substances or metabolites of
24    such substances, the presence of which in the newborn
25    infant is the result of medical treatment administered to
26    the mother or the newborn infant; or

 

 

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1        (d) any minor under the age of 14 years whose parent or
2    other person responsible for the minor's welfare leaves
3    the minor without supervision for an unreasonable period
4    of time without regard for the mental or physical health,
5    safety, or welfare of that minor; or
6        (e) any minor who has been provided with interim
7    crisis intervention services under Section 3-5 of this Act
8    and whose parent, guardian, or custodian refuses to permit
9    the minor to return home unless the minor is an immediate
10    physical danger to himself, herself, or others living in
11    the home.
12    Whether the minor was left without regard for the mental
13or physical health, safety, or welfare of that minor or the
14period of time was unreasonable shall be determined by
15considering the following factors, including but not limited
16to:
17        (1) the age of the minor;
18        (2) the number of minors left at the location;
19        (3) special needs of the minor, including whether the
20    minor is a person with a physical or mental disability, or
21    otherwise in need of ongoing prescribed medical treatment
22    such as periodic doses of insulin or other medications;
23        (4) the duration of time in which the minor was left
24    without supervision;
25        (5) the condition and location of the place where the
26    minor was left without supervision;

 

 

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1        (6) the time of day or night when the minor was left
2    without supervision;
3        (7) the weather conditions, including whether the
4    minor was left in a location with adequate protection from
5    the natural elements such as adequate heat or light;
6        (8) the location of the parent or guardian at the time
7    the minor was left without supervision, the physical
8    distance the minor was from the parent or guardian at the
9    time the minor was without supervision;
10        (9) whether the minor's movement was restricted, or
11    the minor was otherwise locked within a room or other
12    structure;
13        (10) whether the minor was given a phone number of a
14    person or location to call in the event of an emergency and
15    whether the minor was capable of making an emergency call;
16        (11) whether there was food and other provision left
17    for the minor;
18        (12) whether any of the conduct is attributable to
19    economic hardship or illness and the parent, guardian or
20    other person having physical custody or control of the
21    child made a good faith effort to provide for the health
22    and safety of the minor;
23        (13) the age and physical and mental capabilities of
24    the person or persons who provided supervision for the
25    minor;
26        (14) whether the minor was left under the supervision

 

 

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1    of another person;
2        (15) any other factor that would endanger the health
3    and safety of that particular minor.
4    A minor shall not be considered neglected for the sole
5reason that the minor has been relinquished in accordance with
6the Abandoned Newborn Infant Protection Act.
7    (2) Those who are abused include any minor under 18 years
8of age or a minor 18 years of age or older for whom the court
9has made a finding of probable cause to believe that the minor
10is abused, neglected, or dependent under subsection (1) of
11Section 2-10 prior to the minor's 18th birthday whose parent
12or immediate family member, or any person responsible for the
13minor's welfare, or any person who is in the same family or
14household as the minor, or any individual residing in the same
15home as the minor, or a paramour of the minor's parent:
16        (i) inflicts, causes to be inflicted, or allows to be
17    inflicted upon such minor physical injury, by other than
18    accidental means, which causes death, disfigurement,
19    impairment of physical or emotional health, or loss or
20    impairment of any bodily function;
21        (ii) creates a substantial risk of physical injury to
22    such minor by other than accidental means which would be
23    likely to cause death, disfigurement, impairment of
24    emotional health, or loss or impairment of any bodily
25    function;
26        (iii) commits or allows to be committed any sex

 

 

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1    offense against such minor, as such sex offenses are
2    defined in the Criminal Code of 1961 or the Criminal Code
3    of 2012, or in the Wrongs to Children Act, and extending
4    those definitions of sex offenses to include minors under
5    18 years of age;
6        (iv) commits or allows to be committed an act or acts
7    of torture upon such minor;
8        (v) inflicts excessive corporal punishment;
9        (vi) commits or allows to be committed the offense of
10    involuntary servitude, involuntary sexual servitude of a
11    minor, or trafficking in persons as defined in Section
12    10-9 of the Criminal Code of 1961 or the Criminal Code of
13    2012, upon such minor; or
14        (vii) allows, encourages or requires a minor to commit
15    any act of prostitution, as defined in the Criminal Code
16    of 1961 or the Criminal Code of 2012, and extending those
17    definitions to include minors under 18 years of age.
18    A minor shall not be considered abused for the sole reason
19that the minor has been relinquished in accordance with the
20Abandoned Newborn Infant Protection Act.
21    (3) This Section does not apply to a minor who would be
22included herein solely for the purpose of qualifying for
23financial assistance for himself, his parents, guardian or
24custodian.
25    (4) The changes made by this amendatory Act of the 101st
26General Assembly apply to a case that is pending on or after

 

 

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1the effective date of this amendatory Act of the 101st General
2Assembly.
3(Source: P.A. 101-79, eff. 7-12-19.)
 
4    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
5    Sec. 2-18. Evidence.
6    (1) At the adjudicatory hearing, the court shall first
7consider only the question whether the minor is abused,
8neglected or dependent. The standard of proof and the rules of
9evidence in the nature of civil proceedings in this State are
10applicable to proceedings under this Article. If the petition
11also seeks the appointment of a guardian of the person with
12power to consent to adoption of the minor under Section 2-29,
13the court may also consider legally admissible evidence at the
14adjudicatory hearing that one or more grounds of unfitness
15exists under subdivision D of Section 1 of the Adoption Act.
16    (2) In any hearing under this Act, the following shall
17constitute prima facie evidence of abuse or neglect, as the
18case may be:
19        (a) proof that a minor has a medical diagnosis of
20    battered child syndrome is prima facie evidence of abuse;
21        (b) (blank); proof that a minor has a medical
22    diagnosis of failure to thrive syndrome is prima facie
23    evidence of neglect;
24        (c) (blank); proof that a minor has a medical
25    diagnosis of fetal alcohol syndrome is prima facie

 

 

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1    evidence of neglect;
2        (d) (blank); proof that a minor has a medical
3    diagnosis at birth of withdrawal symptoms from narcotics
4    or barbiturates is prima facie evidence of neglect;
5        (e) proof of injuries sustained by a minor or of the
6    condition of a minor of such a nature as would ordinarily
7    not be sustained or exist except by reason of the acts or
8    omissions of the parent, custodian or guardian of such
9    minor shall be prima facie evidence of abuse or neglect,
10    as the case may be;
11        (f) proof that a parent, custodian or guardian of a
12    minor repeatedly used a drug, to the extent that it has or
13    would ordinarily have the effect of producing in the user
14    a substantial state of stupor, unconsciousness,
15    intoxication, hallucination, disorientation or
16    incompetence, or a substantial impairment of judgment, or
17    a substantial manifestation of irrationality, shall be
18    prima facie evidence of neglect;
19        (g) proof that a parent, custodian, or guardian of a
20    minor repeatedly used a controlled substance, as defined
21    in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act, in the presence of the minor or
23    a sibling of the minor is prima facie evidence of neglect.
24    "Repeated use", for the purpose of this subsection, means
25    more than one use of a controlled substance as defined in
26    subsection (f) of Section 102 of the Illinois Controlled

 

 

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1    Substances Act;
2        (h) (blank); proof that a newborn infant's blood,
3    urine, or meconium contains any amount of a controlled
4    substance as defined in subsection (f) of Section 102 of
5    the Illinois Controlled Substances Act, or a metabolite of
6    a controlled substance, with the exception of controlled
7    substances or metabolites of those substances, the
8    presence of which is the result of medical treatment
9    administered to the mother or the newborn, is prime facie
10    evidence of neglect;
11        (i) proof that a minor was present in a structure or
12    vehicle in which the minor's parent, custodian, or
13    guardian was involved in the manufacture of
14    methamphetamine constitutes prima facie evidence of abuse
15    and neglect;
16        (j) proof that a parent, custodian, or guardian of a
17    minor allows, encourages, or requires a minor to perform,
18    offer, or agree to perform any act of sexual penetration
19    as defined in Section 11-0.1 of the Criminal Code of 2012
20    for any money, property, token, object, or article or
21    anything of value, or any touching or fondling of the sex
22    organs of one person by another person, for any money,
23    property, token, object, or article or anything of value,
24    for the purpose of sexual arousal or gratification,
25    constitutes prima facie evidence of abuse and neglect;
26        (k) proof that a parent, custodian, or guardian of a

 

 

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1    minor commits or allows to be committed the offense of
2    involuntary servitude, involuntary sexual servitude of a
3    minor, or trafficking in persons as defined in Section
4    10-9 of the Criminal Code of 1961 or the Criminal Code of
5    2012, upon such minor, constitutes prima facie evidence of
6    abuse and neglect.
7    (3) In any hearing under this Act, proof of the abuse,
8neglect or dependency of one minor shall be admissible
9evidence on the issue of the abuse, neglect or dependency of
10any other minor for whom the respondent is responsible.
11    (4) (a) Any writing, record, photograph or x-ray of any
12hospital or public or private agency, whether in the form of an
13entry in a book or otherwise, made as a memorandum or record of
14any condition, act, transaction, occurrence or event relating
15to a minor in an abuse, neglect or dependency proceeding,
16shall be admissible in evidence as proof of that condition,
17act, transaction, occurrence or event, if the court finds that
18the document was made in the regular course of the business of
19the hospital or agency and that it was in the regular course of
20such business to make it, at the time of the act, transaction,
21occurrence or event, or within a reasonable time thereafter. A
22certification by the head or responsible employee of the
23hospital or agency that the writing, record, photograph or
24x-ray is the full and complete record of the condition, act,
25transaction, occurrence or event and that it satisfies the
26conditions of this paragraph shall be prima facie evidence of

 

 

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1the facts contained in such certification. A certification by
2someone other than the head of the hospital or agency shall be
3accompanied by a photocopy of a delegation of authority signed
4by both the head of the hospital or agency and by such other
5employee. All other circumstances of the making of the
6memorandum, record, photograph or x-ray, including lack of
7personal knowledge of the maker, may be proved to affect the
8weight to be accorded such evidence, but shall not affect its
9admissibility.
10    (b) Any indicated report filed pursuant to the Abused and
11Neglected Child Reporting Act shall be admissible in evidence.
12    (c) Previous statements made by the minor relating to any
13allegations of abuse or neglect shall be admissible in
14evidence. However, no such statement, if uncorroborated and
15not subject to cross-examination, shall be sufficient in
16itself to support a finding of abuse or neglect.
17    (d) There shall be a rebuttable presumption that a minor
18is competent to testify in abuse or neglect proceedings. The
19court shall determine how much weight to give to the minor's
20testimony, and may allow the minor to testify in chambers with
21only the court, the court reporter and attorneys for the
22parties present.
23    (e) The privileged character of communication between any
24professional person and patient or client, except privilege
25between attorney and client, shall not apply to proceedings
26subject to this Article.

 

 

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1    (f) Proof of the impairment of emotional health or
2impairment of mental or emotional condition as a result of the
3failure of the respondent to exercise a minimum degree of care
4toward a minor may include competent opinion or expert
5testimony, and may include proof that such impairment lessened
6during a period when the minor was in the care, custody or
7supervision of a person or agency other than the respondent.
8    (5) In any hearing under this Act alleging neglect for
9failure to provide education as required by law under
10subsection (1) of Section 2-3, proof that a minor under 13
11years of age who is subject to compulsory school attendance
12under the School Code is a chronic truant as defined under the
13School Code shall be prima facie evidence of neglect by the
14parent or guardian in any hearing under this Act and proof that
15a minor who is 13 years of age or older who is subject to
16compulsory school attendance under the School Code is a
17chronic truant shall raise a rebuttable presumption of neglect
18by the parent or guardian. This subsection (5) shall not apply
19in counties with 2,000,000 or more inhabitants.
20    (6) In any hearing under this Act, the court may take
21judicial notice of prior sworn testimony or evidence admitted
22in prior proceedings involving the same minor if (a) the
23parties were either represented by counsel at such prior
24proceedings or the right to counsel was knowingly waived and
25(b) the taking of judicial notice would not result in
26admitting hearsay evidence at a hearing where it would

 

 

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1otherwise be prohibited.
2(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
397-1150, eff. 1-25-13.)
 
4    Section 45. The Adoption Act is amended by changing
5Section 1 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood, marriage,
14adoption, or civil union: parent, grand-parent,
15great-grandparent, brother, sister, step-parent,
16step-grandparent, step-brother, step-sister, uncle, aunt,
17great-uncle, great-aunt, first cousin, or second cousin. A
18person is related to the child as a first cousin or second
19cousin if they are both related to the same ancestor as either
20grandchild or great-grandchild. A child whose parent has
21executed a consent to adoption, a surrender, or a waiver
22pursuant to Section 10 of this Act or whose parent has signed a
23denial of paternity pursuant to Section 12 of the Vital
24Records Act or Section 12a of this Act, or whose parent has had

 

 

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1his or her parental rights terminated, is not a related child
2to that person, unless (1) the consent is determined to be void
3or is void pursuant to subsection O of Section 10 of this Act;
4or (2) the parent of the child executed a consent to adoption
5by a specified person or persons pursuant to subsection A-1 of
6Section 10 of this Act and a court of competent jurisdiction
7finds that such consent is void; or (3) the order terminating
8the parental rights of the parent is vacated by a court of
9competent jurisdiction.
10    C. "Agency" for the purpose of this Act means a public
11child welfare agency or a licensed child welfare agency.
12    D. "Unfit person" means any person whom the court shall
13find to be unfit to have a child, without regard to the
14likelihood that the child will be placed for adoption. The
15grounds of unfitness are any one or more of the following,
16except that a person shall not be considered an unfit person
17for the sole reason that the person has relinquished a child in
18accordance with the Abandoned Newborn Infant Protection Act:
19        (a) Abandonment of the child.
20        (a-1) Abandonment of a newborn infant in a hospital.
21        (a-2) Abandonment of a newborn infant in any setting
22    where the evidence suggests that the parent intended to
23    relinquish his or her parental rights.
24        (b) Failure to maintain a reasonable degree of
25    interest, concern or responsibility as to the child's
26    welfare.

 

 

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1        (c) Desertion of the child for more than 3 months next
2    preceding the commencement of the Adoption proceeding.
3        (d) Substantial neglect of the child if continuous or
4    repeated.
5        (d-1) Substantial neglect, if continuous or repeated,
6    of any child residing in the household which resulted in
7    the death of that child.
8        (e) Extreme or repeated cruelty to the child.
9        (f) There is a rebuttable presumption, which can be
10    overcome only by clear and convincing evidence, that a
11    parent is unfit if:
12            (1) Two or more findings of physical abuse have
13        been entered regarding any children under Section 2-21
14        of the Juvenile Court Act of 1987, the most recent of
15        which was determined by the juvenile court hearing the
16        matter to be supported by clear and convincing
17        evidence; or
18            (2) The parent has been convicted or found not
19        guilty by reason of insanity and the conviction or
20        finding resulted from the death of any child by
21        physical abuse; or
22            (3) There is a finding of physical child abuse
23        resulting from the death of any child under Section
24        2-21 of the Juvenile Court Act of 1987.
25        No conviction or finding of delinquency pursuant to
26    Article V of the Juvenile Court Act of 1987 shall be

 

 

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

 

 

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

 

 

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

 

 

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1    Controlled Substances Act or metabolites of such
2    substances, the presence of which in the newborn infant
3    was not the result of medical treatment administered to
4    the mother or the newborn infant; and the biological
5    mother of this child is the biological mother of at least
6    one other child who was adjudicated a neglected minor
7    under subsection (c) of Section 2-3 of the Juvenile Court
8    Act of 1987.
9        (l) Failure to demonstrate a reasonable degree of
10    interest, concern or responsibility as to the welfare of a
11    new born child during the first 30 days after its birth.
12        (m) Failure by a parent (i) to make reasonable efforts
13    to correct the conditions that were the basis for the
14    removal of the child from the parent during any 9-month
15    period following the adjudication of neglected or abused
16    minor under Section 2-3 of the Juvenile Court Act of 1987
17    or dependent minor under Section 2-4 of that Act, or (ii)
18    to make reasonable progress toward the return of the child
19    to the parent during any 9-month period following the
20    adjudication of neglected or abused minor under Section
21    2-3 of the Juvenile Court Act of 1987 or dependent minor
22    under Section 2-4 of that Act. If a service plan has been
23    established as required under Section 8.2 of the Abused
24    and Neglected Child Reporting Act to correct the
25    conditions that were the basis for the removal of the
26    child from the parent and if those services were

 

 

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1    available, then, for purposes of this Act, "failure to
2    make reasonable progress toward the return of the child to
3    the parent" includes the parent's failure to substantially
4    fulfill his or her obligations under the service plan and
5    correct the conditions that brought the child into care
6    during any 9-month period following the adjudication under
7    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
8    Notwithstanding any other provision, when a petition or
9    motion seeks to terminate parental rights on the basis of
10    item (ii) of this subsection (m), the petitioner shall
11    file with the court and serve on the parties a pleading
12    that specifies the 9-month period or periods relied on.
13    The pleading shall be filed and served on the parties no
14    later than 3 weeks before the date set by the court for
15    closure of discovery, and the allegations in the pleading
16    shall be treated as incorporated into the petition or
17    motion. Failure of a respondent to file a written denial
18    of the allegations in the pleading shall not be treated as
19    an admission that the allegations are true.
20        (m-1) (Blank).
21        (n) Evidence of intent to forgo his or her parental
22    rights, whether or not the child is a ward of the court,
23    (1) as manifested by his or her failure for a period of 12
24    months: (i) to visit the child, (ii) to communicate with
25    the child or agency, although able to do so and not
26    prevented from doing so by an agency or by court order, or

 

 

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1    (iii) to maintain contact with or plan for the future of
2    the child, although physically able to do so, or (2) as
3    manifested by the father's failure, where he and the
4    mother of the child were unmarried to each other at the
5    time of the child's birth, (i) to commence legal
6    proceedings to establish his paternity under the Illinois
7    Parentage Act of 1984, the Illinois Parentage Act of 2015,
8    or the law of the jurisdiction of the child's birth within
9    30 days of being informed, pursuant to Section 12a of this
10    Act, that he is the father or the likely father of the
11    child or, after being so informed where the child is not
12    yet born, within 30 days of the child's birth, or (ii) to
13    make a good faith effort to pay a reasonable amount of the
14    expenses related to the birth of the child and to provide a
15    reasonable amount for the financial support of the child,
16    the court to consider in its determination all relevant
17    circumstances, including the financial condition of both
18    parents; provided that the ground for termination provided
19    in this subparagraph (n)(2)(ii) shall only be available
20    where the petition is brought by the mother or the husband
21    of the mother.
22        Contact or communication by a parent with his or her
23    child that does not demonstrate affection and concern does
24    not constitute reasonable contact and planning under
25    subdivision (n). In the absence of evidence to the
26    contrary, the ability to visit, communicate, maintain

 

 

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1    contact, pay expenses and plan for the future shall be
2    presumed. The subjective intent of the parent, whether
3    expressed or otherwise, unsupported by evidence of the
4    foregoing parental acts manifesting that intent, shall not
5    preclude a determination that the parent has intended to
6    forgo his or her parental rights. In making this
7    determination, the court may consider but shall not
8    require a showing of diligent efforts by an authorized
9    agency to encourage the parent to perform the acts
10    specified in subdivision (n).
11        It shall be an affirmative defense to any allegation
12    under paragraph (2) of this subsection that the father's
13    failure was due to circumstances beyond his control or to
14    impediments created by the mother or any other person
15    having legal custody. Proof of that fact need only be by a
16    preponderance of the evidence.
17        (o) Repeated or continuous failure by the parents,
18    although physically and financially able, to provide the
19    child with adequate food, clothing, or shelter.
20        (p) Inability to discharge parental responsibilities
21    supported by competent evidence from a psychiatrist,
22    licensed clinical social worker, or clinical psychologist
23    of mental impairment, mental illness or an intellectual
24    disability as defined in Section 1-116 of the Mental
25    Health and Developmental Disabilities Code, or
26    developmental disability as defined in Section 1-106 of

 

 

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1    that Code, and there is sufficient justification to
2    believe that the inability to discharge parental
3    responsibilities shall extend beyond a reasonable time
4    period. However, this subdivision (p) shall not be
5    construed so as to permit a licensed clinical social
6    worker to conduct any medical diagnosis to determine
7    mental illness or mental impairment.
8        (q) (Blank).
9        (r) The child is in the temporary custody or
10    guardianship of the Department of Children and Family
11    Services, the parent is incarcerated as a result of
12    criminal conviction at the time the petition or motion for
13    termination of parental rights is filed, prior to
14    incarceration the parent had little or no contact with the
15    child or provided little or no support for the child, and
16    the parent's incarceration will prevent the parent from
17    discharging his or her parental responsibilities for the
18    child for a period in excess of 2 years after the filing of
19    the petition or motion for termination of parental rights.
20        (s) The child is in the temporary custody or
21    guardianship of the Department of Children and Family
22    Services, the parent is incarcerated at the time the
23    petition or motion for termination of parental rights is
24    filed, the parent has been repeatedly incarcerated as a
25    result of criminal convictions, and the parent's repeated
26    incarceration has prevented the parent from discharging

 

 

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1    his or her parental responsibilities for the child.
2        (t) (Blank). A finding that at birth the child's
3    blood, urine, or meconium contained any amount of a
4    controlled substance as defined in subsection (f) of
5    Section 102 of the Illinois Controlled Substances Act, or
6    a metabolite of a controlled substance, with the exception
7    of controlled substances or metabolites of such
8    substances, the presence of which in the newborn infant
9    was the result of medical treatment administered to the
10    mother or the newborn infant, and that the biological
11    mother of this child is the biological mother of at least
12    one other child who was adjudicated a neglected minor
13    under subsection (c) of Section 2-3 of the Juvenile Court
14    Act of 1987, after which the biological mother had the
15    opportunity to enroll in and participate in a clinically
16    appropriate substance abuse counseling, treatment, and
17    rehabilitation program.
18    E. "Parent" means a person who is the legal mother or legal
19father of the child as defined in subsection X or Y of this
20Section. For the purpose of this Act, a parent who has executed
21a consent to adoption, a surrender, or a waiver pursuant to
22Section 10 of this Act, who has signed a Denial of Paternity
23pursuant to Section 12 of the Vital Records Act or Section 12a
24of this Act, or whose parental rights have been terminated by a
25court, is not a parent of the child who was the subject of the
26consent, surrender, waiver, or denial unless (1) the consent

 

 

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1is void pursuant to subsection O of Section 10 of this Act; or
2(2) the person executed a consent to adoption by a specified
3person or persons pursuant to subsection A-1 of Section 10 of
4this Act and a court of competent jurisdiction finds that the
5consent is void; or (3) the order terminating the parental
6rights of the person is vacated by a court of competent
7jurisdiction.
8    F. A person is available for adoption when the person is:
9        (a) a child who has been surrendered for adoption to
10    an agency and to whose adoption the agency has thereafter
11    consented;
12        (b) a child to whose adoption a person authorized by
13    law, other than his parents, has consented, or to whose
14    adoption no consent is required pursuant to Section 8 of
15    this Act;
16        (c) a child who is in the custody of persons who intend
17    to adopt him through placement made by his parents;
18        (c-1) a child for whom a parent has signed a specific
19    consent pursuant to subsection O of Section 10;
20        (d) an adult who meets the conditions set forth in
21    Section 3 of this Act; or
22        (e) a child who has been relinquished as defined in
23    Section 10 of the Abandoned Newborn Infant Protection Act.
24    A person who would otherwise be available for adoption
25shall not be deemed unavailable for adoption solely by reason
26of his or her death.

 

 

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1    G. The singular includes the plural and the plural
2includes the singular and the "male" includes the "female", as
3the context of this Act may require.
4    H. (Blank).
5    I. "Habitual residence" has the meaning ascribed to it in
6the federal Intercountry Adoption Act of 2000 and regulations
7promulgated thereunder.
8    J. "Immediate relatives" means the biological parents, the
9parents of the biological parents and siblings of the
10biological parents.
11    K. "Intercountry adoption" is a process by which a child
12from a country other than the United States is adopted by
13persons who are habitual residents of the United States, or
14the child is a habitual resident of the United States who is
15adopted by persons who are habitual residents of a country
16other than the United States.
17    L. (Blank).
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by all states and certain territories for the
20purpose of establishing uniform procedures for handling the
21interstate placement of children in foster homes, adoptive
22homes, or other child care facilities.
23    N. (Blank).
24    O. "Preadoption requirements" means any conditions or
25standards established by the laws or administrative rules of
26this State that must be met by a prospective adoptive parent

 

 

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1prior to the placement of a child in an adoptive home.
2    P. "Abused child" means a child whose parent or immediate
3family member, or any person responsible for the child's
4welfare, or any individual residing in the same home as the
5child, or a paramour of the child's parent:
6        (a) inflicts, causes to be inflicted, or allows to be
7    inflicted upon the child physical injury, by other than
8    accidental means, that causes death, disfigurement,
9    impairment of physical or emotional health, or loss or
10    impairment of any bodily function;
11        (b) creates a substantial risk of physical injury to
12    the child by other than accidental means which would be
13    likely to cause death, disfigurement, impairment of
14    physical or emotional health, or loss or impairment of any
15    bodily function;
16        (c) commits or allows to be committed any sex offense
17    against the child, as sex offenses are defined in the
18    Criminal Code of 2012 and extending those definitions of
19    sex offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon the child; or
22        (e) inflicts excessive corporal punishment.
23    Q. "Neglected child" means any child whose parent or other
24person responsible for the child's welfare withholds or denies
25nourishment or medically indicated treatment including food or
26care denied solely on the basis of the present or anticipated

 

 

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1mental or physical impairment as determined by a physician
2acting alone or in consultation with other physicians or
3otherwise does not provide the proper or necessary support,
4education as required by law, or medical or other remedial
5care recognized under State law as necessary for a child's
6well-being, or other care necessary for his or her well-being,
7including adequate food, clothing and shelter; or who is
8abandoned by his or her parents or other person responsible
9for the child's welfare.
10    A child shall not be considered neglected or abused for
11the sole reason that the child's parent or other person
12responsible for his or her welfare depends upon spiritual
13means through prayer alone for the treatment or cure of
14disease or remedial care as provided under Section 4 of the
15Abused and Neglected Child Reporting Act. A child shall not be
16considered neglected or abused for the sole reason that the
17child's parent or other person responsible for the child's
18welfare failed to vaccinate, delayed vaccination, or refused
19vaccination for the child due to a waiver on religious or
20medical grounds as permitted by law.
21    R. "Putative father" means a man who may be a child's
22father, but who (1) is not married to the child's mother on or
23before the date that the child was or is to be born and (2) has
24not established paternity of the child in a court proceeding
25before the filing of a petition for the adoption of the child.
26The term includes a male who is less than 18 years of age.

 

 

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1"Putative father" does not mean a man who is the child's father
2as a result of criminal sexual abuse or assault as defined
3under Article 11 of the Criminal Code of 2012.
4    S. "Standby adoption" means an adoption in which a parent
5consents to custody and termination of parental rights to
6become effective upon the occurrence of a future event, which
7is either the death of the parent or the request of the parent
8for the entry of a final judgment of adoption.
9    T. (Blank).
10    T-5. "Biological parent", "birth parent", or "natural
11parent" of a child are interchangeable terms that mean a
12person who is biologically or genetically related to that
13child as a parent.
14    U. "Interstate adoption" means the placement of a minor
15child with a prospective adoptive parent for the purpose of
16pursuing an adoption for that child that is subject to the
17provisions of the Interstate Compact on the Placement of
18Children.
19    V. (Blank).
20    W. (Blank).
21    X. "Legal father" of a child means a man who is recognized
22as or presumed to be that child's father:
23        (1) because of his marriage to or civil union with the
24    child's parent at the time of the child's birth or within
25    300 days prior to that child's birth, unless he signed a
26    denial of paternity pursuant to Section 12 of the Vital

 

 

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1    Records Act or a waiver pursuant to Section 10 of this Act;
2    or
3        (2) because his paternity of the child has been
4    established pursuant to the Illinois Parentage Act, the
5    Illinois Parentage Act of 1984, or the Gestational
6    Surrogacy Act; or
7        (3) because he is listed as the child's father or
8    parent on the child's birth certificate, unless he is
9    otherwise determined by an administrative or judicial
10    proceeding not to be the parent of the child or unless he
11    rescinds his acknowledgment of paternity pursuant to the
12    Illinois Parentage Act of 1984; or
13        (4) because his paternity or adoption of the child has
14    been established by a court of competent jurisdiction.
15    The definition in this subsection X shall not be construed
16to provide greater or lesser rights as to the number of parents
17who can be named on a final judgment order of adoption or
18Illinois birth certificate that otherwise exist under Illinois
19law.
20    Y. "Legal mother" of a child means a woman who is
21recognized as or presumed to be that child's mother:
22        (1) because she gave birth to the child except as
23    provided in the Gestational Surrogacy Act; or
24        (2) because her maternity of the child has been
25    established pursuant to the Illinois Parentage Act of 1984
26    or the Gestational Surrogacy Act; or

 

 

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1        (3) because her maternity or adoption of the child has
2    been established by a court of competent jurisdiction; or
3        (4) because of her marriage to or civil union with the
4    child's other parent at the time of the child's birth or
5    within 300 days prior to the time of birth; or
6        (5) because she is listed as the child's mother or
7    parent on the child's birth certificate unless she is
8    otherwise determined by an administrative or judicial
9    proceeding not to be the parent of the child.
10    The definition in this subsection Y shall not be construed
11to provide greater or lesser rights as to the number of parents
12who can be named on a final judgment order of adoption or
13Illinois birth certificate that otherwise exist under Illinois
14law.
15    Z. "Department" means the Illinois Department of Children
16and Family Services.
17    AA. "Placement disruption" means a circumstance where the
18child is removed from an adoptive placement before the
19adoption is finalized.
20    BB. "Secondary placement" means a placement, including but
21not limited to the placement of a youth in care as defined in
22Section 4d of the Children and Family Services Act, that
23occurs after a placement disruption or an adoption
24dissolution. "Secondary placement" does not mean secondary
25placements arising due to the death of the adoptive parent of
26the child.

 

 

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1    CC. "Adoption dissolution" means a circumstance where the
2child is removed from an adoptive placement after the adoption
3is finalized.
4    DD. "Unregulated placement" means the secondary placement
5of a child that occurs without the oversight of the courts, the
6Department, or a licensed child welfare agency.
7    EE. "Post-placement and post-adoption support services"
8means support services for placed or adopted children and
9families that include, but are not limited to, mental health
10treatment, including counseling and other support services for
11emotional, behavioral, or developmental needs, and treatment
12for substance abuse.
13    FF. "Youth in care" has the meaning provided in Section 4d
14of the Children and Family Services Act.
15(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
16102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
17    Section 50. The Illinois Human Rights Act is amended by
18adding Article 5B as follows:
 
19    (775 ILCS 5/Art. 5B heading new)
20
ARTICLE 5B. PATIENT RIGHTS

 
21    (775 ILCS 5/5B-101 new)
22    Sec. 5B-101. Rights of patients; maternity care;
23disclosure of medical information.

 

 

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1    (a) As used in this Section:
2    "Maternity care" means the health care provided in
3relation to pregnancy, labor, and childbirth, and the
4postpartum period, and includes prenatal care, care during
5labor and birthing, and postpartum care extending through
6one-year postpartum. Maternity care shall seek to optimize
7positive outcomes for the patient, and be provided on the
8basis of the physical and psychosocial needs of the patient.
9Notwithstanding any of the above, all care shall be subject to
10the informed and voluntary consent of the patient, or the
11patient's legal proxy, when the patient is unable to give
12consent.
13    "State" includes any branch, department, agency,
14instrumentality, and official or other person acting under
15color of law of this State or a political subdivision of the
16State, including any unit of local government (including a
17home rule unit), school district, instrumentality, or public
18subdivision.
19    (b) In addition to any other right provided under this
20Act, every patient has the following rights whenever receiving
21maternity care:
22        (1) The right to choose a maternity care provider from
23    the full range of providers available in the patient's
24    community.
25        (2) The right to choose the patient's birth setting
26    from the full range of birthing options available in the

 

 

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1    patient's community.
2        (3) The right to leave the patient's maternity care
3    professional to select another if the patient becomes
4    dissatisfied with the quality of the care provided.
5        (4) The right to receive information about the names
6    of those health care professionals involved in the
7    patient's care and in the care of the patient's newborn.
8        (5) The right to privacy and confidentiality of
9    records, except as provided by law.
10        (6) The right to receive information concerning the
11    patient's condition and proposed treatment, including
12    methods of relieving pain.
13        (7) The right to refuse any treatment offered to the
14    patient or the patient's infant.
15        (8) The right to be informed if the patient's
16    caregivers wish to enroll the patient or the patient's
17    infant in a research study.
18        (9) The right to access the patient's own medical
19    records under Section 8-2001 of the Code of Civil
20    Procedure.
21        (10) The right to receive information in a language in
22    which the patient can communicate in accordance with
23    federal law.
24        (11) The right to receive emotional and physical
25    support during labor and birth.
26        (12) The right to freedom of movement during labor and

 

 

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1    to give birth in the position of the patient's choice, to
2    the extent medically possible.
3        (13) The right to contact with the patient's newborn,
4    except where necessary care must be provided to the
5    patient or the patient's infant.
6        (14) The right to decide, in consultation with their
7    caregivers, when the patient or the patient's newborn will
8    leave the birth site for home, based on their conditions
9    and circumstances.
10    (c) The Department of Public Health, the Department of
11Healthcare and Family Services, the Department of Children and
12Family Services, and the Department of Human Services shall
13post, either by physical or electronic means, information
14about these rights on their publicly available websites. Every
15health care provider, day care center licensed under the Child
16Care Act of 1969, Head Start, and community center shall post
17information about these rights in a prominent place and on
18their websites, if applicable.
19    (d) The Department of Human Rights shall adopt rules to
20implement this Section.
21    (e) Nothing in this Section or any rules adopted under
22subsection (d) shall be construed to require a physician,
23health care professional, hospital, hospital affiliate, or
24health care provider to provide care inconsistent with
25generally accepted medical standards or available capabilities
26or resources.

 

 

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1    (f) Notwithstanding any other provision of law, and except
2as otherwise provided in this Section, a patient has the right
3for a physician, health care provider, health services
4corporation, or insurance company to administer any of the
5following medical tests without disclosing the results of the
6tests to a State or local law enforcement agency or the
7Department of Children and Family Services:
8        (1) Any verbal screening or questioning concerning the
9    drug or alcohol use of a pregnant or postpartum person.
10        (2) Any toxicology test administered to a person who
11    is pregnant or has given birth within the previous 12
12    weeks.
13        (3) Any toxicology test administered to a newborn.
14    A physician, health care provider, health services
15corporation, or insurance company who administers a medical
16test described under paragraph (1), (2), or (3), may disclose
17the results of the test if a law enforcement agency has
18successfully obtained and furnished a search warrant issued
19under Section 108-3 of the Code of Criminal Procedure of 1963.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".