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91_HB3935ham003
LRB9112161WHcdam
1 AMENDMENT TO HOUSE BILL 3935
2 AMENDMENT NO. . Amend House Bill 3935, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to children."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended by adding Section 35.7 as follows:
9 (20 ILCS 505/35.7 new)
10 Sec. 35.7. Citizen Review Panel. The Department of
11 Children and Family Services shall establish a pilot Citizen
12 Review Panel in Cook County following the National
13 Association of Foster Care Reviewers' guidelines for
14 independent review. The Citizen Review Panel shall include
15 volunteer citizens who shall be selected using the
16 qualifications developed by the Department.
17 An Administrator who is a paid child welfare professional
18 with experience in foster care review shall manage the
19 Citizen Review Panel. The University of Illinois Research
20 Center shall develop outcomes for the review process
21 consistent with the outcomes of the administrative case
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1 review process and provide a written report for community
2 review.
3 The Citizen Review Panel shall have at least 3 but not
4 more than 5 members who are parents, foster parents, former
5 wards, or adoptive parents. At least one member shall be a
6 child welfare professional.
7 Volunteer members of the Citizen Review Panel shall be
8 reimbursed for travel expenses and provided continuous
9 training arranged by the Foster Care Review Administrator.
10 Any parent within the pilot area who has participated in
11 and has raised concerns at the administrative case review
12 process which resulted in a goal change from return home to
13 substitute care pending a legal decision may request a review
14 by the Citizen Review Panel. The safety and permanency of the
15 child shall be of paramount concern in the review. A review
16 shall be scheduled within 14 days of the administrative case
17 review. All participants in the administrative case review
18 shall be invited to the Citizen Review and shall be notified
19 by registered mail, return receipt requested. The parents and
20 the caseworker and supervisor must participate in the Citizen
21 Review Panel process. The Citizen Review Panel shall provide
22 a written summary to the participants at the conclusion of
23 the review. If the recommendations are different from those
24 of the administrative case review, the caseworker, supervisor
25 and family shall have a family meeting within 5 working days
26 to revise the service plan and goal, using the
27 recommendations from the Citizen Review Panel. The
28 recommendations of the Citizen Review Panel shall be
29 consistent with law and with rules and procedures of the
30 Department. The case shall be rescheduled within 60 days for
31 an administrative case review to ensure that the revised plan
32 adheres to rules, procedures, and laws. The Citizen Review
33 Panel may give the Director of Children and Family Services
34 recommendations for changes to rules, procedures, and laws.
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1 Section 10. The Juvenile Court Act of 1987 is amended by
2 changing Section 2-28 as follows:
3 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
4 Sec. 2-28. Court review.
5 (1) The court may require any legal custodian or
6 guardian of the person appointed under this Act to report
7 periodically to the court or may cite him into court and
8 require him or his agency, to make a full and accurate report
9 of his or its doings in behalf of the minor. The custodian
10 or guardian, within 10 days after such citation, shall make
11 the report, either in writing verified by affidavit or orally
12 under oath in open court, or otherwise as the court directs.
13 Upon the hearing of the report the court may remove the
14 custodian or guardian and appoint another in his stead or
15 restore the minor to the custody of his parents or former
16 guardian or custodian. However, custody of the minor shall
17 not be restored to any parent, guardian or legal custodian in
18 any case in which the minor is found to be neglected or
19 abused under Section 2-3 or dependent under Section 2-4 of
20 this Act, unless the minor can be cared for at home without
21 endangering the minor's health or safety and it is in the
22 best interests of the minor, and if such neglect, abuse, or
23 dependency is found by the court under paragraph (1) of
24 Section 2-21 of this Act to have come about due to the acts
25 or omissions or both of such parent, guardian or legal
26 custodian, until such time as an investigation is made as
27 provided in paragraph (5) and a hearing is held on the issue
28 of the fitness of such parent, guardian or legal custodian to
29 care for the minor and the court enters an order that such
30 parent, guardian or legal custodian is fit to care for the
31 minor.
32 (2) The first permanency hearing shall be conducted by
33 the judge. Subsequent permanency hearings may be heard by a
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1 judge or by hearing officers appointed or approved by the
2 court in the manner set forth in Section 2-28.1 of this Act.
3 The initial hearing shall be held (a) within 12 months from
4 the date temporary custody was taken, (b) if the parental
5 rights of both parents have been terminated in accordance
6 with the procedure described in subsection (5) of Section
7 2-21, within 30 days of the order for termination of parental
8 rights and appointment of a guardian with power to consent to
9 adoption, or (c) in accordance with subsection (2) of Section
10 2-13.1. Subsequent permanency hearings shall be held every 6
11 months or more frequently if necessary in the court's
12 determination following the initial permanency hearing, in
13 accordance with the standards set forth in this Section,
14 until the court determines that the plan and goal have been
15 achieved. Once the plan and goal have been achieved, if the
16 minor remains in substitute care, the case shall be reviewed
17 at least every 6 months thereafter, subject to the provisions
18 of this Section, unless the minor is placed in the
19 guardianship of a suitable relative or other person and the
20 court determines that further monitoring by the court does
21 not further the health, safety or best interest of the child
22 and that this is a stable permanent placement. The
23 permanency hearings must occur within the time frames set
24 forth in this subsection and may not be delayed in
25 anticipation of a report from any source or due to the
26 agency's failure to timely file its written report (this
27 written report means the one required under the next
28 paragraph and does not mean the service plan also referred to
29 in that paragraph).
30 The public agency that is the custodian or guardian of
31 the minor, or another agency responsible for the minor's
32 care, shall ensure that all parties to the permanency
33 hearings are provided a copy of the most recent service plan
34 prepared within the prior 6 months at least 14 days in
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1 advance of the hearing. If not contained in the plan, the
2 agency shall also include a report setting forth (i) any
3 special physical, psychological, educational, medical,
4 emotional, or other needs of the minor or his or her family
5 that are relevant to a permanency or placement determination
6 and (ii) for any minor age 16 or over, a written description
7 of the programs and services that will enable the minor to
8 prepare for independent living. The agency's written report
9 must detail what progress or lack of progress the parent has
10 made in correcting the conditions requiring the child to be
11 in care; whether the child can be returned home without
12 jeopardizing the child's health, safety, and welfare, and if
13 not, what permanency goal is recommended to be in the best
14 interests of the child, and why the other permanency goals
15 are not appropriate. The caseworker must appear and testify
16 at the permanency hearing. If a permanency hearing has not
17 previously been scheduled by the court, the moving party
18 shall move for the setting of a permanency hearing and the
19 entry of an order within the time frames set forth in this
20 subsection.
21 At the permanency hearing, the court shall determine the
22 future status of the child. The court shall set one of the
23 following permanency goals:
24 (A) The minor will be returned home by a specific
25 date within 5 months.
26 (B) The minor will be in short-term care with a
27 continued goal to return home within a period not to
28 exceed one year, where the progress of the parent or
29 parents is substantial giving particular consideration to
30 the age and individual needs of the minor.
31 (B-1) The minor will be in short-term care with a
32 continued goal to return home pending a status hearing.
33 When the court finds that a parent has not made
34 reasonable efforts or reasonable progress to date, the
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1 court shall identify what actions the parent and the
2 Department must take in order to justify a finding of
3 reasonable efforts or reasonable progress and shall set a
4 status hearing to be held not earlier than 9 months from
5 the date of adjudication nor later than 11 months from
6 the date of adjudication during which the parent's
7 progress will again be reviewed.
8 (C) The minor will be in substitute care pending
9 court determination on termination of parental rights.
10 (D) Adoption, provided that parental rights have
11 been terminated or relinquished.
12 (E) The guardianship of the minor will be
13 transferred to an individual or couple on a permanent
14 basis provided that goals (A) through (D) have been ruled
15 out.
16 (F) The minor over age 12 will be in substitute
17 care pending independence.
18 (G) The minor will be in substitute care because he
19 or she cannot be provided for in a home environment due
20 to developmental disabilities or mental illness or
21 because he or she is a danger to self or others, provided
22 that goals (A) through (D) have been ruled out.
23 In selecting any permanency goal, the court shall
24 indicate in writing the reasons the goal was selected and why
25 the preceding goals were ruled out. Where the court has
26 selected a permanency goal other than (A), (B), or (B-1), the
27 Department of Children and Family Services shall not provide
28 further reunification services, but shall provide services
29 consistent with the goal selected.
30 The court shall set a permanency goal that is in the best
31 interest of the child. The court's determination shall
32 include the following factors:
33 (1) Age of the child.
34 (2) Options available for permanence.
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1 (3) Current placement of the child and the intent
2 of the family regarding adoption.
3 (4) Emotional, physical, and mental status or
4 condition of the child.
5 (5) Types of services previously offered and
6 whether or not the services were successful and, if not
7 successful, the reasons the services failed.
8 (6) Availability of services currently needed and
9 whether the services exist.
10 (7) Status of siblings of the minor.
11 The court shall consider (i) the permanency goal
12 contained in the service plan, (ii) the appropriateness of
13 the services contained in the plan and whether those services
14 have been provided, (iii) whether reasonable efforts have
15 been made by all the parties to the service plan to achieve
16 the goal, and (iv) whether the plan and goal have been
17 achieved. All evidence relevant to determining these
18 questions, including oral and written reports, may be
19 admitted and may be relied on to the extent of their
20 probative value.
21 If the goal has been achieved, the court shall enter
22 orders that are necessary to conform the minor's legal
23 custody and status to those findings.
24 If, after receiving evidence, the court determines that
25 the services contained in the plan are not reasonably
26 calculated to facilitate achievement of the permanency goal,
27 the court shall put in writing the factual basis supporting
28 the determination and enter specific findings based on the
29 evidence. The court also shall enter an order for the
30 Department to develop and implement a new service plan or to
31 implement changes to the current service plan consistent with
32 the court's findings. The new service plan shall be filed
33 with the court and served on all parties within 45 days of
34 the date of the order. The court shall continue the matter
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1 until the new service plan is filed. Unless otherwise
2 specifically authorized by law, The court is not empowered
3 under this subsection (2) or under subsection (3) to order
4 specific placements, or specific services, or both, specific
5 service providers to be included in the plan.
6 A guardian or custodian appointed by the court pursuant
7 to this Act shall file updated case plans with the court
8 every 6 months.
9 Rights of wards of the court under this Act are
10 enforceable against any public agency by complaints for
11 relief by mandamus filed in any proceedings brought under
12 this Act.
13 (3) Following the permanency hearing, the court shall
14 enter a written order that includes the determinations
15 required under subsection (2) of this Section and sets forth
16 the following:
17 (a) The future status of the minor, including the
18 permanency goal, and any order necessary to conform the
19 minor's legal custody and status to such determination;
20 or
21 (b) If the permanency goal of the minor cannot be
22 achieved immediately, the specific reasons for continuing
23 the minor in the care of the Department of Children and
24 Family Services or other agency for short term placement,
25 and the following determinations:
26 (i) (Blank).
27 (ii) Whether the services required by the
28 court and by any service plan prepared within the
29 prior 6 months have been provided and (A) if so,
30 whether the services were reasonably calculated to
31 facilitate the achievement of the permanency goal or
32 (B) if not provided, why the services were not
33 provided.
34 (iii) Whether the minor's placement is
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1 necessary, and appropriate to the plan and goal,
2 recognizing the right of minors to the least
3 restrictive (most family-like) setting available and
4 in close proximity to the parents' home consistent
5 with the health, safety, best interest and special
6 needs of the minor and, if the minor is placed
7 out-of-State, whether the out-of-State placement
8 continues to be appropriate and consistent with the
9 health, safety, and best interest of the minor.
10 (iv) (Blank).
11 (v) (Blank).
12 Any order entered pursuant to this subsection (3) shall
13 be immediately appealable as a matter of right under Supreme
14 Court Rule 304(b)(1).
15 (4) The minor or any person interested in the minor may
16 apply to the court for a change in custody of the minor and
17 the appointment of a new custodian or guardian of the person
18 or for the restoration of the minor to the custody of his
19 parents or former guardian or custodian.
20 When return home is not selected as the permanency goal:
21 (a) The Department, the minor, or the current
22 foster parent or relative caregiver seeking private
23 guardianship may file a motion for private guardianship
24 of the minor. Appointment of a guardian under this
25 Section requires approval of the court.
26 (b) The State's Attorney may file a motion to
27 terminate parental rights of any parent who has failed to
28 make reasonable efforts to correct the conditions which
29 led to the removal of the child or reasonable progress
30 toward the return of the child, as defined in subdivision
31 (D)(m) of Section 1 of the Adoption Act or for whom any
32 other unfitness ground for terminating parental rights as
33 defined in subdivision (D) of Section 1 of the Adoption
34 Act exists.
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1 Custody of the minor shall not be restored to any parent,
2 guardian or legal custodian in any case in which the minor is
3 found to be neglected or abused under Section 2-3 or
4 dependent under Section 2-4 of this Act, unless the minor can
5 be cared for at home without endangering his or her health or
6 safety and it is in the best interest of the minor, and if
7 such neglect, abuse, or dependency is found by the court
8 under paragraph (1) of Section 2-21 of this Act to have come
9 about due to the acts or omissions or both of such parent,
10 guardian or legal custodian, until such time as an
11 investigation is made as provided in paragraph (5) and a
12 hearing is held on the issue of the health, safety and best
13 interest of the minor and the fitness of such parent,
14 guardian or legal custodian to care for the minor and the
15 court enters an order that such parent, guardian or legal
16 custodian is fit to care for the minor. In the event that
17 the minor has attained 18 years of age and the guardian or
18 custodian petitions the court for an order terminating his
19 guardianship or custody, guardianship or custody shall
20 terminate automatically 30 days after the receipt of the
21 petition unless the court orders otherwise. No legal
22 custodian or guardian of the person may be removed without
23 his consent until given notice and an opportunity to be heard
24 by the court.
25 When the court orders a child restored to the custody of
26 the parent or parents, the court shall order the parent or
27 parents to cooperate with the Department of Children and
28 Family Services and comply with the terms of an after-care
29 plan, or risk the loss of custody of the child and possible
30 termination of their parental rights. The court may also
31 enter an order of protective supervision in accordance with
32 Section 2-24.
33 (5) Whenever a parent, guardian, or legal custodian
34 files a motion for restoration of custody of the minor, and
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1 the minor was adjudicated neglected, abused, or dependent as
2 a result of physical abuse, the court shall cause to be made
3 an investigation as to whether the movant has ever been
4 charged with or convicted of any criminal offense which would
5 indicate the likelihood of any further physical abuse to the
6 minor. Evidence of such criminal convictions shall be taken
7 into account in determining whether the minor can be cared
8 for at home without endangering his or her health or safety
9 and fitness of the parent, guardian, or legal custodian.
10 (a) Any agency of this State or any subdivision
11 thereof shall co-operate with the agent of the court in
12 providing any information sought in the investigation.
13 (b) The information derived from the investigation
14 and any conclusions or recommendations derived from the
15 information shall be provided to the parent, guardian, or
16 legal custodian seeking restoration of custody prior to
17 the hearing on fitness and the movant shall have an
18 opportunity at the hearing to refute the information or
19 contest its significance.
20 (c) All information obtained from any investigation
21 shall be confidential as provided in Section 5-150 of
22 this Act.
23 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-87,
24 eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98;
25 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
26 Section 15. The Adoption Act is amended by changing
27 Section 1 as follows:
28 (750 ILCS 50/1) (from Ch. 40, par. 1501)
29 Sec. 1. Definitions. When used in this Act, unless the
30 context otherwise requires:
31 A. "Child" means a person under legal age subject to
32 adoption under this Act.
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1 B. "Related child" means a child subject to adoption
2 where either or both of the adopting parents stands in any of
3 the following relationships to the child by blood or
4 marriage: parent, grand-parent, brother, sister, step-parent,
5 step-grandparent, step-brother, step-sister, uncle, aunt,
6 great-uncle, great-aunt, or cousin of first degree. A child
7 whose parent has executed a final irrevocable consent to
8 adoption or a final irrevocable surrender for purposes of
9 adoption, or whose parent has had his or her parental rights
10 terminated, is not a related child to that person, unless the
11 consent is determined to be void or is void pursuant to
12 subsection O of Section 10.
13 C. "Agency" for the purpose of this Act means a public
14 child welfare agency or a licensed child welfare agency.
15 D. "Unfit person" means any person whom the court shall
16 find to be unfit to have a child, without regard to the
17 likelihood that the child will be placed for adoption. The
18 grounds of unfitness are any one or more of the following:
19 (a) Abandonment of the child.
20 (a-1) Abandonment of a newborn infant in a
21 hospital.
22 (a-2) Abandonment of a newborn infant in any
23 setting where the evidence suggests that the parent
24 intended to relinquish his or her parental rights.
25 (b) Failure to maintain a reasonable degree of
26 interest, concern or responsibility as to the child's
27 welfare.
28 (c) Desertion of the child for more than 3 months
29 next preceding the commencement of the Adoption
30 proceeding.
31 (d) Substantial neglect of the child if continuous
32 or repeated.
33 (d-1) Substantial neglect, if continuous or
34 repeated, of any child residing in the household which
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1 resulted in the death of that child.
2 (e) Extreme or repeated cruelty to the child.
3 (f) Two or more findings of physical abuse to any
4 children under Section 4-8 of the Juvenile Court Act or
5 Section 2-21 of the Juvenile Court Act of 1987, the most
6 recent of which was determined by the juvenile court
7 hearing the matter to be supported by clear and
8 convincing evidence; a criminal conviction or a finding
9 of not guilty by reason of insanity resulting from the
10 death of any child by physical child abuse; or a finding
11 of physical child abuse resulting from the death of any
12 child under Section 4-8 of the Juvenile Court Act or
13 Section 2-21 of the Juvenile Court Act of 1987.
14 (g) Failure to protect the child from conditions
15 within his environment injurious to the child's welfare.
16 (h) Other neglect of, or misconduct toward the
17 child; provided that in making a finding of unfitness the
18 court hearing the adoption proceeding shall not be bound
19 by any previous finding, order or judgment affecting or
20 determining the rights of the parents toward the child
21 sought to be adopted in any other proceeding except such
22 proceedings terminating parental rights as shall be had
23 under either this Act, the Juvenile Court Act or the
24 Juvenile Court Act of 1987.
25 (i) Depravity. Conviction of any one of the
26 following crimes shall create a presumption that a parent
27 is depraved which can be overcome only by clear and
28 convincing evidence: (1) first degree murder in violation
29 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
30 the Criminal Code of 1961 or conviction of second degree
31 murder in violation of subsection (a) of Section 9-2 of
32 the Criminal Code of 1961 of a parent of the child to be
33 adopted; (2) first degree murder or second degree murder
34 of any child in violation of the Criminal Code of 1961;
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1 (3) attempt or conspiracy to commit first degree murder
2 or second degree murder of any child in violation of the
3 Criminal Code of 1961; (4) solicitation to commit murder
4 of any child, solicitation to commit murder of any child
5 for hire, or solicitation to commit second degree murder
6 of any child in violation of the Criminal Code of 1961;
7 or (5) aggravated criminal sexual assault in violation of
8 Section 12-14(b)(1) of the Criminal Code of 1961.
9 There is a rebuttable presumption that a parent is
10 depraved if the parent has been criminally convicted of
11 at least 3 felonies under the laws of this State or any
12 other state, or under federal law, or the criminal laws
13 of any United States territory; and at least one of these
14 convictions took place within 5 years of the filing of
15 the petition or motion seeking termination of parental
16 rights.
17 There is a rebuttable presumption that a parent is
18 depraved if that parent has been criminally convicted of
19 either first or second degree murder of any person as
20 defined in the Criminal Code of 1961 within 10 years of
21 the filing date of the petition or motion to terminate
22 parental rights.
23 (j) Open and notorious adultery or fornication.
24 (j-1) (Blank).
25 (k) Habitual drunkenness or addiction to drugs,
26 other than those prescribed by a physician, for at least
27 one year immediately prior to the commencement of the
28 unfitness proceeding.
29 There is a rebuttable presumption that a parent is
30 unfit under this subsection with respect to any child to
31 which that parent gives birth where there is a confirmed
32 test result that at birth the child's blood, urine, or
33 meconium contained any amount of a controlled substance
34 as defined in subsection (f) of Section 102 of the
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1 Illinois 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
11 a new born child during the first 30 days after its
12 birth.
13 (m) Failure by a parent (i) to make reasonable
14 efforts to correct the conditions that were the basis for
15 the removal of the child from the parent, or (ii) to make
16 reasonable progress toward the return of the child to the
17 parent within 9 months after an adjudication of neglected
18 or abused minor under Section 2-3 of the Juvenile Court
19 Act of 1987 or dependent minor under Section 2-4 of that
20 Act, or (iii) to make reasonable progress toward the
21 return of the child to the parent during any 9-month
22 period after the end of the initial 9-month period
23 following the adjudication of neglected or abused minor
24 under Section 2-3 of the Juvenile Court Act of 1987 or
25 dependent minor under Section 2-4 of that Act. If a
26 service plan has been established as required under
27 Section 8.2 of the Abused and Neglected Child Reporting
28 Act to correct the conditions that were the basis for the
29 removal of the child from the parent and if those
30 services were available, then, for purposes of this Act,
31 "failure to make reasonable progress toward the return of
32 the child to the parent" includes (I) the parent's
33 failure to substantially fulfill his or her obligations
34 under the service plan and correct the conditions that
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1 brought the child into care within 9 months after the
2 adjudication under Section 2-3 or 2-4 of the Juvenile
3 Court Act of 1987 and (II) the parent's failure to
4 substantially fulfill his or her obligations under the
5 service plan and correct the conditions that brought the
6 child into care during any 9-month period after the end
7 of the initial 9-month period following the adjudication
8 under Section 2-3 or 2-4 of the Juvenile Court Act of
9 1987.
10 (m-1) Pursuant to the Juvenile Court Act of 1987, a
11 child has been in foster care for 15 months out of any 22
12 month period which begins on or after the effective date
13 of this amendatory Act of 1998 unless the child's parent
14 can prove by a preponderance of the evidence that it is
15 more likely than not that it will be in the best
16 interests of the child to be returned to the parent
17 within 6 months of the date on which a petition for
18 termination of parental rights is filed under the
19 Juvenile Court Act of 1987. The 15 month time limit is
20 tolled during any period for which there is a court
21 finding that the appointed custodian or guardian failed
22 to make reasonable efforts to reunify the child with his
23 or her family, provided that (i) the finding of no
24 reasonable efforts is made within 60 days of the period
25 when reasonable efforts were not made or (ii) the parent
26 filed a motion requesting a finding of no reasonable
27 efforts within 60 days of the period when reasonable
28 efforts were not made. For purposes of this subdivision
29 (m-1), the date of entering foster care is the earlier
30 of: (i) the date of a judicial finding at an adjudicatory
31 hearing that the child is an abused, neglected, or
32 dependent minor; or (ii) 60 days after the date on which
33 the child is removed from his or her parent, guardian, or
34 legal custodian.
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1 Notwithstanding any other provision of law, the
2 ground set forth in this subdivision (m-1) may not be
3 used as the sole ground of unfitness. It may be used
4 only in conjunction with another ground of unfitness and
5 the other ground of unfitness must be proven.
6 (n) Evidence of intent to forgo his or her parental
7 rights, whether or not the child is a ward of the court,
8 (1) as manifested by his or her failure for a period of
9 12 months: (i) to visit the child, (ii) to communicate
10 with the child or agency, although able to do so and not
11 prevented from doing so by an agency or by court order,
12 or (iii) to maintain contact with or plan for the future
13 of the child, although physically able to do so, or (2)
14 as manifested by the father's failure, where he and the
15 mother of the child were unmarried to each other at the
16 time of the child's birth, (i) to commence legal
17 proceedings to establish his paternity under the Illinois
18 Parentage Act of 1984 or the law of the jurisdiction of
19 the child's birth within 30 days of being informed,
20 pursuant to Section 12a of this Act, that he is the
21 father or the likely father of the child or, after being
22 so informed where the child is not yet born, within 30
23 days of the child's birth, or (ii) to make a good faith
24 effort to pay a reasonable amount of the expenses related
25 to the birth of the child and to provide a reasonable
26 amount for the financial support of the child, the court
27 to consider in its determination all relevant
28 circumstances, including the financial condition of both
29 parents; provided that the ground for termination
30 provided in this subparagraph (n)(2)(ii) shall only be
31 available where the petition is brought by the mother or
32 the husband of the mother.
33 Contact or communication by a parent with his or her
34 child that does not demonstrate affection and concern
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1 does not constitute reasonable contact and planning under
2 subdivision (n). In the absence of evidence to the
3 contrary, the ability to visit, communicate, maintain
4 contact, pay expenses and plan for the future shall be
5 presumed. The subjective intent of the parent, whether
6 expressed or otherwise, unsupported by evidence of the
7 foregoing parental acts manifesting that intent, shall
8 not preclude a determination that the parent has intended
9 to forgo his or her parental rights. In making this
10 determination, the court may consider but shall not
11 require a showing of diligent efforts by an authorized
12 agency to encourage the parent to perform the acts
13 specified in subdivision (n).
14 It shall be an affirmative defense to any allegation
15 under paragraph (2) of this subsection that the father's
16 failure was due to circumstances beyond his control or to
17 impediments created by the mother or any other person
18 having legal custody. Proof of that fact need only be by
19 a preponderance of the evidence.
20 (o) Repeated or continuous failure by the parents,
21 although physically and financially able, to provide the
22 child with adequate food, clothing, or shelter.
23 (p) Inability to discharge parental
24 responsibilities supported by competent evidence from a
25 psychiatrist, licensed clinical social worker, or
26 clinical psychologist of mental impairment, mental
27 illness or mental retardation as defined in Section 1-116
28 of the Mental Health and Developmental Disabilities Code,
29 or developmental disability as defined in Section 1-106
30 of that Code, and there is sufficient justification to
31 believe that the inability to discharge parental
32 responsibilities shall extend beyond a reasonable time
33 period. However, this subdivision (p) shall not be
34 construed so as to permit a licensed clinical social
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1 worker to conduct any medical diagnosis to determine
2 mental illness or mental impairment.
3 (q) The parent has been criminally convicted of
4 aggravated battery, heinous battery, or attempted murder
5 of any child.
6 (r) The child is in the temporary custody or
7 guardianship of the Department of Children and Family
8 Services, the parent is incarcerated as a result of
9 criminal conviction at the time the petition or motion
10 for termination of parental rights is filed, prior to
11 incarceration the parent had little or no contact with
12 the child or provided little or no support for the child,
13 and the parent's incarceration will prevent the parent
14 from discharging his or her parental responsibilities for
15 the child for a period in excess of 2 years after the
16 filing of the petition or motion for termination of
17 parental rights.
18 (s) The child is in the temporary custody or
19 guardianship of the Department of Children and Family
20 Services, the parent is incarcerated at the time the
21 petition or motion for termination of parental rights is
22 filed, the parent has been repeatedly incarcerated as a
23 result of criminal convictions, and the parent's repeated
24 incarceration has prevented the parent from discharging
25 his or her parental responsibilities for the child.
26 (t) A finding that at birth the child's blood,
27 urine, or meconium contained any amount of a controlled
28 substance as defined in subsection (f) of Section 102 of
29 the Illinois Controlled Substances Act, or a metabolite
30 of a controlled substance, with the exception of
31 controlled substances or metabolites of such substances,
32 the presence of which in the newborn infant was the
33 result of medical treatment administered to the mother or
34 the newborn infant, and that the biological mother of
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1 this child is the biological mother of at least one other
2 child who was adjudicated a neglected minor under
3 subsection (c) of Section 2-3 of the Juvenile Court Act
4 of 1987, after which the biological mother had the
5 opportunity to enroll in and participate in a clinically
6 appropriate substance abuse counseling, treatment, and
7 rehabilitation program.
8 E. "Parent" means the father or mother of a legitimate
9 or illegitimate child. For the purpose of this Act, a person
10 who has executed a final and irrevocable consent to adoption
11 or a final and irrevocable surrender for purposes of
12 adoption, or whose parental rights have been terminated by a
13 court, is not a parent of the child who was the subject of
14 the consent or surrender, unless the consent is void pursuant
15 to subsection O of Section 10.
16 F. A person is available for adoption when the person
17 is:
18 (a) a child who has been surrendered for adoption
19 to an agency and to whose adoption the agency has
20 thereafter consented;
21 (b) a child to whose adoption a person authorized
22 by law, other than his parents, has consented, or to
23 whose adoption no consent is required pursuant to Section
24 8 of this Act;
25 (c) a child who is in the custody of persons who
26 intend to adopt him through placement made by his
27 parents;
28 (c-1) a child for whom a parent has signed a
29 specific consent pursuant to subsection O of Section 10;
30 or
31 (d) an adult who meets the conditions set forth in
32 Section 3 of this Act.
33 A person who would otherwise be available for adoption
34 shall not be deemed unavailable for adoption solely by reason
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1 of his or her death.
2 G. The singular includes the plural and the plural
3 includes the singular and the "male" includes the "female",
4 as the context of this Act may require.
5 H. "Adoption disruption" occurs when an adoptive
6 placement does not prove successful and it becomes necessary
7 for the child to be removed from placement before the
8 adoption is finalized.
9 I. "Foreign placing agency" is an agency or individual
10 operating in a country or territory outside the United States
11 that is authorized by its country to place children for
12 adoption either directly with families in the United States
13 or through United States based international agencies.
14 J. "Immediate relatives" means the biological parents,
15 the parents of the biological parents and siblings of the
16 biological parents.
17 K. "Intercountry adoption" is a process by which a child
18 from a country other than the United States is adopted.
19 L. "Intercountry Adoption Coordinator" is a staff person
20 of the Department of Children and Family Services appointed
21 by the Director to coordinate the provision of services by
22 the public and private sector to prospective parents of
23 foreign-born children.
24 M. "Interstate Compact on the Placement of Children" is
25 a law enacted by most states for the purpose of establishing
26 uniform procedures for handling the interstate placement of
27 children in foster homes, adoptive homes, or other child care
28 facilities.
29 N. "Non-Compact state" means a state that has not
30 enacted the Interstate Compact on the Placement of Children.
31 O. "Preadoption requirements" are any conditions
32 established by the laws or regulations of the Federal
33 Government or of each state that must be met prior to the
34 placement of a child in an adoptive home.
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1 P. "Abused child" means a child whose parent or
2 immediate family member, or any person responsible for the
3 child's welfare, or any individual residing in the same home
4 as the child, or a paramour of the child's parent:
5 (a) inflicts, causes to be inflicted, or allows to
6 be inflicted upon the child physical injury, by other
7 than accidental means, that 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
11 to the child by other than accidental means which would
12 be likely to cause death, disfigurement, impairment of
13 physical or emotional health, or loss or impairment of
14 any bodily function;
15 (c) commits or allows to be committed any sex
16 offense against the child, as sex offenses are defined in
17 the Criminal Code of 1961 and extending those definitions
18 of sex offenses to include children under 18 years of
19 age;
20 (d) commits or allows to be committed an act or
21 acts of torture upon the child; or
22 (e) inflicts excessive corporal punishment.
23 Q. "Neglected child" means any child whose parent or
24 other person responsible for the child's welfare withholds or
25 denies nourishment or medically indicated treatment including
26 food or care denied solely on the basis of the present or
27 anticipated mental or physical impairment as determined by a
28 physician acting alone or in consultation with other
29 physicians or otherwise does not provide the proper or
30 necessary support, education as required by law, or medical
31 or other remedial care recognized under State law as
32 necessary for a child's well-being, or other care necessary
33 for his or her well-being, including adequate food, clothing
34 and shelter; or who is abandoned by his or her parents or
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1 other person responsible for the child's welfare.
2 A child shall not be considered neglected or abused for
3 the sole reason that the child's parent or other person
4 responsible for his or her welfare depends upon spiritual
5 means through prayer alone for the treatment or cure of
6 disease or remedial care as provided under Section 4 of the
7 Abused and Neglected Child Reporting Act.
8 R. "Putative father" means a man who may be a child's
9 father, but who (1) is not married to the child's mother on
10 or before the date that the child was or is to be born and
11 (2) has not established paternity of the child in a court
12 proceeding before the filing of a petition for the adoption
13 of the child. The term includes a male who is less than 18
14 years of age. "Putative father" does not mean a man who is
15 the child's father as a result of criminal sexual abuse or
16 assault as defined under Article 12 of the Criminal Code of
17 1961.
18 S. "Standby adoption" means an adoption in which a
19 terminally ill parent consents to custody and termination of
20 parental rights to become effective upon the occurrence of a
21 future event, which is either the death of the terminally ill
22 parent or the request of the parent for the entry of a final
23 judgment of adoption.
24 T. "Terminally ill parent" means a person who has a
25 medical prognosis by a physician licensed to practice
26 medicine in all of its branches that the person has an
27 incurable and irreversible condition which will lead to
28 death.
29 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97;
30 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
31 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
32 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357,
33 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00;
34 revised 8-31-99.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".