Rep. Mary E. Flowers

Filed: 2/22/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3

2    AMENDMENT NO. ______. Amend House Bill 3 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the
5Reproductive Liberty and Justice Act.
 
6    Section 3. Purpose. The purposes of this Act are to reduce
7racial and geographic inequities that currently preclude
8segments of the Illinois population from autonomously
9exercising fundamental rights and liberties provided by the
10Reproductive Health Act; to provide patients with a secure
11knowledge that the personal information they disclose to
12providers of reproductive health care services will remain
13private and confidential; to correct deficiencies in the
14implementation of Public Act 93-578, such that families who
15experience stillbirth are treated with dignity and respect by
16this State; and to ensure that the increasing number of

 

 

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1patients traveling to Illinois from out-of-state for legal
2abortion care does not compound inequities in the availability
3of and access to maternity care among childbearing families
4who reside in Illinois.
 
5    Section 5. The Substance Use Disorder Act is amended by
6adding Section 35-15 as follows:
 
7    (20 ILCS 301/35-15 new)
8    Sec. 35-15. Plans of Safe Care. The Division of Substance
9Use Prevention and Recovery, in consultation with the Illinois
10Perinatal Quality Collaborative or its successor organization,
11shall develop a standardized Plan of Safe Care form to support
12discharge planning for mothers and infants affected by
13prenatal substance exposure. Plans of Safe Care shall not be
14recorded in the State Central Registry described in Section 7
15of the Abused and Neglected Child Reporting Act and shall not
16be discoverable or admissible as evidence in any proceeding
17pursuant to the Juvenile Court Act of 1987 or the Adoption Act
18unless the named party waives his or her right to
19confidentiality in writing.
20    As used in this Section, "Plan of Safe Care" means a
21written or electronic document designed to ensure the safety
22and well-being of a newborn who has been identified by his or
23her healthcare provider as being affected by prenatal
24substance exposure or withdrawal symptoms, or a fetal alcohol

 

 

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1spectrum disorder (FASD), and his or her gestational parent.
 
2    Section 10. The Equity and Representation in Health Care
3Act is amended by changing Section 10 as follows:
 
4    (110 ILCS 932/10)
5    Sec. 10. Definitions. In this Act:
6    "Accredited school" means a college or university in which
7a degree in allopathic medicine, osteopathic medicine,
8dentistry, physical therapy, or an equivalent credential for a
9health program is earned and for which the Council for Higher
10Education Accreditation or its affiliates has determined that
11the school meets specific standards for its programs, faculty,
12and curriculum.
13    "Advanced practice registered nurse" or "APRN" means an
14advanced practice registered nurse as defined under Section
1550-10 of the Nurse Practice Act.
16    "Allopathic medicine" means the use of pharmacological
17agents or physical interventions to treat or suppress symptoms
18or processes of diseases or conditions.
19    "Applicant" means a health care professional or medical
20facility who applies for loan repayment assistance or
21scholarship funds under this Act.
22    "Approved graduate training" means training in medicine,
23dentistry, or any other health profession that leads to
24eligibility for board certification, provides evidence of

 

 

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1completion, and is approved by the appropriate health care
2professional's body.
3    "Behavioral health provider" means a provider of a
4commonly recognized discipline in the behavioral health
5industry, including, but not limited to, licensed clinical
6social workers, behavioral health therapists, certified
7marriage and family counselors, licensed social workers, and
8addiction counselors.
9    "Breach of service obligation" means failure for any
10reason to begin or complete a contractual service commitment.
11    "Commercial loan" means a loan made by a bank, credit
12union, savings and loan association, insurance company,
13school, or other financial institution.
14    "Community health center" means a migrant health center,
15community health center, health care program for the homeless
16or for residents of public housing supported under Section 330
17of the federal Public Health Service Act, or FQHC, including
18an FQHC Look-Alike, as designated by the U.S. Department of
19Health and Human Services, that operates at least one
20federally designated primary health care delivery site in
21Illinois.
22    "Default" means failure to meet a legal obligation or
23condition of a loan.
24    "Department" means the Department of Public Health.
25    "Dental assistant" means a person who serves as a member
26of a dental care team, working directly with a dentist to

 

 

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1perform duties that include, but are not limited to, assisting
2with dental procedures, preparing patients for procedures,
3preparing examinations, and sterilizing equipment.
4    "Dentist" means a person licensed to practice dentistry
5under the Illinois Dental Practice Act.
6    "Director" means the Director of Public Health.
7    "Equity and Representation in Health Care Workforce
8Repayment Program" or "Repayment Program" means the Equity and
9Representation in Health Care Workforce Repayment Program
10created under subsection (a) of Section 15.
11    "Equity and Representation in Health Care Workforce
12Scholarship Program" or "Scholarship Program" means the Equity
13and Representation in Health Care Workforce Scholarship
14Program created under subsection (b) of Section 15.
15    "Federally Qualified Health Center" or "FQHC" means a
16health center funded under Section 330 of the federal Public
17Health Service Act.
18    "Federally Qualified Health Center Look-Alike" or "FQHC
19Look-Alike" means a health center that meets the requirements
20for receiving a grant under Section 330 of the federal Public
21Health Service Act but does not receive funding under that
22authority.
23    "Government loan" means a loan made by a federal, State,
24county, or city agency authorized to make the loan.
25    "Health care professional" means a physician, physician
26assistant, advanced practice registered nurse, nurse, licensed

 

 

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1certified professional midwife, chiropractic physician,
2podiatrist, physical therapist, physical therapist assistant,
3occupational therapist, speech therapist, behavioral health
4provider, psychiatrist, psychologist, pharmacist, dentist,
5medical assistant, dental assistant, or dental hygienist.
6    "Health professional shortage area" or "HPSA" means a
7designation from the U.S. Department of Health and Human
8Services that indicates the shortage of primary medical care
9or dental or mental health providers. The designation may be
10geographic, such as a county or service area; demographic,
11such as low-income population; or institutional, such as a
12comprehensive health center, FQHC, or other public facility.
13    "Lender" means the commercial or government entity that
14makes a qualifying loan.
15    "Licensed certified professional midwife" means a person
16who meets the requirements under Section 45 of the Licensed
17Certified Professional Midwife Practice Act and holds an
18active license to practice as a certified professional midwife
19in Illinois.
20    "Loan repayment award" or "award" means the amount of
21funding awarded to a recipient based upon his or her
22reasonable educational expenses, up to a maximum established
23by the program.
24    "Loan repayment agreement" or "agreement" means the
25written instrument defining a legal relationship entered into
26between the Department and a recipient.

 

 

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1    "Medical assistant" means a person who serves as a member
2of a medical care team working directly with other providers
3to perform duties that include, but are not limited to,
4gathering patient information, taking vital signs, preparing
5patients for examinations, and assisting physicians during
6examinations.
7    "Medical facility" means a facility in which the delivery
8of health services is provided. A medical facility must be a
9nonprofit or public facility located in Illinois and includes
10the following:
11        (1) A Federally Qualified Health Center.
12        (2) An FQHC Look-Alike.
13        (3) A hospital system operated by a county with more
14    than 3,000,000 residents.
15    "Medically underserved area" or "MUA" means an area
16designated by the U.S. Department of Health and Human
17Services' Health Resources and Services Administration as
18having too few primary care providers, high infant mortality,
19high poverty, or a high elderly population.
20    "Nurse" means a person who is licensed as a licensed
21practical nurse or as a registered nurse under the Nurse
22Practice Act.
23    "Osteopathic medicine" means medical practice based upon
24the theory that diseases are due to loss of structural
25integrity, which can be restored by manipulation of the parts
26and supplemented by therapeutic measures.

 

 

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1    "Physical therapist" means an individual licensed as a
2physical therapist under the Illinois Physical Therapy Act.
3    "Physical therapist assistant" means an individual
4licensed as a physical therapist assistant under the Illinois
5Physical Therapy Act.
6    "Physician" means a person licensed to practice medicine
7in all of its branches under the Medical Practice Act of 1987.
8    "Physician assistant" means an individual licensed under
9the Physician Assistant Practice Act of 1987.
10    "Primary care" means health care that encompasses
11prevention services, basic diagnostic and treatment services,
12and support services, including laboratory, radiology,
13transportation, and pharmacy services.
14    "Psychiatrist" means a physician licensed to practice
15medicine in Illinois under the Medical Practice Act of 1987
16who has successfully completed an accredited residency program
17in psychiatry.
18    "Qualifying loan" means a government loan or commercial
19loan used for tuition and reasonable educational and living
20expenses related to undergraduate or graduate education that
21was obtained by the recipient prior to his or her application
22for loan repayment and that is contemporaneous with the
23education received.
24    "Reasonable educational expenses" means costs for
25education, exclusive of tuition. These costs include, but are
26not limited to, fees, books, supplies, clinical travel,

 

 

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1educational equipment, materials, board certification, or
2licensing examinations. "Reasonable educational expenses" do
3not exceed the estimated standard budget for expenses for the
4degree program and for the years of enrollment.
5    "Reasonable living expenses" means room and board,
6transportation, and commuting costs associated with the
7applicant's attendance and participation in an educational and
8workforce training program. "Reasonable living expenses" do
9not exceed the estimated standard budget for the recipient's
10degree program and for the years of enrollment.
11    "Recognized training entity" means an entity approved by
12the Department to provide training and education for medical
13assistants and dental assistants.
14    "Recipient" means a health care professional or medical
15facility that may use loan repayment funds.
16    "Rural" has the same meaning that is used by the federal
17Health Resources and Services Administration to determine
18eligibility for Rural Health Grants.
19    "State" means the State of Illinois.
20(Source: P.A. 102-942, eff. 1-1-23; revised 12-16-22.)
 
21    Section 15. The Hospital Licensing Act is amended by
22changing Section 11.4 and by adding Section 11.9 as follows:
 
23    (210 ILCS 85/11.4)
24    Sec. 11.4. Disposition of fetus. A hospital having custody

 

 

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1of a fetus following a spontaneous fetal demise occurring
2during or after a gestation period of less than 20 completed
3weeks must notify the mother of her right to arrange for the
4burial or cremation of the fetus. Notification may also
5include other options such as, but not limited to, a ceremony,
6a certificate, or common burial or cremation of fetal tissue.
7If, within 24 hours after being notified under this Section,
8the mother elects in writing to arrange for the burial or
9cremation of the fetus, the disposition of the fetus shall be
10subject to the same laws and rules that apply in the case of a
11fetal death that occurs in this State after a gestation period
12of 20 completed weeks or more. The Department of Public Health
13shall develop forms to be used for notifications and elections
14under this Section and hospitals shall provide the forms to
15the mother.
16(Source: P.A. 96-338, eff. 1-1-10.)
 
17    (210 ILCS 85/11.9 new)
18    Sec. 11.9. Certificate of birth resulting in stillbirth;
19notification. This Section may be referred to as Liam's Law.
20    A hospital having custody of a fetus following a
21spontaneous fetal death occurring during or after a gestation
22period of at least 20 completed weeks must notify the
23gestational parent of the parent's right to receive a
24certificate of birth resulting in stillbirth as described in
25Section 20.5 of the Vital Records Act. The Department of

 

 

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1Public Health shall develop a form to be used for notification
2under this Section and hospitals shall provide the form to the
3gestational parent. This form shall be known as a "Liam's Law
4notice". The Department of Public Health shall consult with
5the 2 Illinois-based Fetal Infant Mortality Review Project
6Community Action Teams, or their successor organizations, to
7ensure that any language included in the standardized Liam's
8Law notice is culturally sensitive to the needs of bereaved
9families. The Liam's Law notice shall be available in both
10English and Spanish.
 
11    Section 20. The Birth Center Licensing Act is amended by
12adding Section 65 as follows:
 
13    (210 ILCS 170/65 new)
14    Sec. 65. Co-located facilities; essential reproductive
15health care services.
16    (a) In this Section, "co-located facility" means a
17facility licensed in accordance with rules adopted by the
18Department under subsection (c).
19    (b) Notwithstanding any other provision of law, a birth
20center licensed under this Act, a birth center operating under
21the Alternative Health Care Delivery Act, or any licensed
22facility that provides abortion services and birth control
23services on-site may be co-located at the same facility.
24    (c) The Department shall adopt rules creating a licensing

 

 

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1scheme and designation for co-located facilities.
2    (d) A co-located facility shall provide essential
3reproductive health care services according to a sliding fee
4schedule for uninsured patients, such as the Sliding Fee
5Discount Program's fee schedule used by Federally Qualified
6Health Centers. The essential reproductive health care
7services offered by a co-located facility shall include, but
8are not limited to, all of the following:
9        (1) Annual women's health examinations, including, but
10    not limited to, Papanicolaou tests and breast
11    examinations.
12        (2) Recovery support services for pregnant and
13    postpartum individuals affected by a substance use
14    disorder, including, but not limited to, the prescription
15    of medications that are approved by the United States Food
16    and Drug Administration and the Center for Substance Abuse
17    Treatment for the treatment of an opioid use disorder in
18    pregnant individuals. As used in this paragraph, "recovery
19    support" has the meaning ascribed to that term in Section
20    1-10 of the Substance Use Disorder Act.
21        (3) Preconception wellness visits.
22        (4) Prenatal care, including, but not limited to,
23    ultrasound examinations.
24        (5) Labor and delivery services led by a physician,
25    certified nurse midwife, or licensed certified
26    professional midwife.

 

 

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1        (6) Postpartum care and support.
2        (7) Examinations and prescriptions for contraceptives.
3        (8) Clinical management of miscarriage and stillbirth.
4        (9) Examinations, care, and prescriptions for sexually
5    transmitted infections.
6        (10) Assessment for and prescription of pre-exposure
7    prophylaxis (PrEP).
8        (11) Perinatal doulas and community health workers who
9    specialize in reproductive health care issues.
10    (e) A co-located facility must obtain a certificate of
11need from the Health Facilities and Services Review Board
12under the Health Facilities Planning Act to operate an
13obstetric bed unit with a bed capacity of no more than 10 beds.
14    (f) A co-located facility shall be eligible to receive
15funding through the Department of Human Services for
16programming described in subsections (h) and (i) of Section
1735-5 of the Substance Use Disorder Act.
 
18    Section 25. The Licensed Certified Professional Midwife
19Practice Act is amended by changing Section 85 as follows:
 
20    (225 ILCS 64/85)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 85. Prohibited practices.
23    (a) A licensed certified professional midwife may not do
24any of the following:

 

 

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1        (1) administer prescription pharmacological agents
2    intended to induce or augment labor;
3        (2) administer prescription pharmacological agents to
4    provide pain management;
5        (3) use vacuum extractors or forceps;
6        (4) prescribe medications;
7        (5) provide out-of-hospital care to a childbearing
8    individual who has had a previous cesarean section;
9        (6) perform abortions or surgical procedures,
10    including, but not limited to, cesarean sections and
11    circumcisions, except for an emergency episiotomy;
12        (7) knowingly accept responsibility for prenatal or
13    intrapartum care of a client with any of the following
14    risk factors:
15            (A) chronic significant maternal cardiac,
16        pulmonary, renal, or hepatic disease;
17            (B) malignant disease in an active phase;
18            (C) significant hematological disorders,
19        coagulopathies, or pulmonary embolism;
20            (D) insulin requiring diabetes mellitus;
21            (E) known maternal congenital abnormalities
22        affecting childbirth;
23            (F) confirmed isoimmunization, Rh disease with
24        positive titer;
25            (G) active tuberculosis;
26            (H) active syphilis or gonorrhea;

 

 

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1            (I) active genital herpes infection 2 weeks prior
2        to labor or in labor;
3            (J) pelvic or uterine abnormalities affecting
4        normal vaginal births, including tumors and
5        malformations;
6            (K) (blank) alcoholism or alcohol abuse;
7            (L) (blank) drug addiction or abuse; or
8            (M) confirmed AIDS status.
9    (b) A licensed certified professional midwife shall not
10administer Schedule II through IV controlled substances.
11Subject to a prescription by a health care professional,
12Schedule V controlled substances may be administered by
13licensed certified professional midwives.
14(Source: P.A. 102-683, eff. 10-1-22.)
 
15    Section 30. The Abused and Neglected Child Reporting Act
16is amended by changing Sections 3, 5, and 7.3 and by adding
17Section 3.5 as follows:
 
18    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
19    Sec. 3. As used in this Act unless the context otherwise
20requires:
21    "Adult resident" means any person between 18 and 22 years
22of age who resides in any facility licensed by the Department
23under the Child Care Act of 1969. For purposes of this Act, the
24criteria set forth in the definitions of "abused child" and

 

 

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1"neglected child" shall be used in determining whether an
2adult resident is abused or neglected.
3    "Agency" means a child care facility licensed under
4Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
5includes a transitional living program that accepts children
6and adult residents for placement who are in the guardianship
7of the Department.
8    "Blatant disregard" means an incident where the real,
9significant, and imminent risk of harm would be so obvious to a
10reasonable parent or caretaker that it is unlikely that a
11reasonable parent or caretaker would have exposed the child to
12the danger without exercising precautionary measures to
13protect the child from harm. With respect to a person working
14at an agency in his or her professional capacity with a child
15or adult resident, "blatant disregard" includes a failure by
16the person to perform job responsibilities intended to protect
17the child's or adult resident's health, physical well-being,
18or welfare, and, when viewed in light of the surrounding
19circumstances, evidence exists that would cause a reasonable
20person to believe that the child was neglected. With respect
21to an agency, "blatant disregard" includes a failure to
22implement practices that ensure the health, physical
23well-being, or welfare of the children and adult residents
24residing in the facility.
25    "CAPTA notification" refers to notification to the
26Department of an infant who has been born and identified as

 

 

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1affected by prenatal substance exposure or a fetal alcohol
2spectrum disorder as required under the federal Child Abuse
3Prevention and Treatment Act.
4    "Child" means any person under the age of 18 years, unless
5legally emancipated by reason of marriage or entry into a
6branch of the United States armed services.
7    "Department" means Department of Children and Family
8Services.
9    "Local law enforcement agency" means the police of a city,
10town, village or other incorporated area or the sheriff of an
11unincorporated area or any sworn officer of the Illinois State
12Police.
13    "Abused child" means a child whose parent or immediate
14family member, or any person responsible for the child's
15welfare, or any individual residing in the same home as the
16child, or a paramour of the child's parent:
17        (a) inflicts, causes to be inflicted, or allows to be
18    inflicted upon such child physical injury, by other than
19    accidental means, which causes death, disfigurement,
20    impairment of physical or emotional health, or loss or
21    impairment of any bodily function;
22        (b) creates a substantial risk of physical injury to
23    such child by other than accidental means which would be
24    likely to cause death, disfigurement, impairment of
25    physical or emotional health, or loss or impairment of any
26    bodily function;

 

 

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1        (c) commits or allows to be committed any sex offense
2    against such child, as such sex offenses are defined in
3    the Criminal Code of 2012 or in the Wrongs to Children Act,
4    and extending those definitions of sex offenses to include
5    children under 18 years of age;
6        (d) commits or allows to be committed an act or acts of
7    torture upon such child;
8        (e) inflicts excessive corporal punishment or, in the
9    case of a person working for an agency who is prohibited
10    from using corporal punishment, inflicts corporal
11    punishment upon a child or adult resident with whom the
12    person is working in his or her professional capacity;
13        (f) commits or allows to be committed the offense of
14    female genital mutilation, as defined in Section 12-34 of
15    the Criminal Code of 2012, against the child;
16        (g) causes to be sold, transferred, distributed, or
17    given to such child under 18 years of age, a controlled
18    substance as defined in Section 102 of the Illinois
19    Controlled Substances Act in violation of Article IV of
20    the Illinois Controlled Substances Act or in violation of
21    the Methamphetamine Control and Community Protection Act,
22    except for controlled substances that are prescribed in
23    accordance with Article III of the Illinois Controlled
24    Substances Act and are dispensed to such child in a manner
25    that substantially complies with the prescription;
26        (h) commits or allows to be committed the offense of

 

 

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1    involuntary servitude, involuntary sexual servitude of a
2    minor, or trafficking in persons as defined in Section
3    10-9 of the Criminal Code of 2012 against the child; or
4        (i) commits the offense of grooming, as defined in
5    Section 11-25 of the Criminal Code of 2012, against the
6    child.
7    A child shall not be considered abused for the sole reason
8that the child has been relinquished in accordance with the
9Abandoned Newborn Infant Protection Act.
10    "Neglected child" means any child who is not receiving the
11proper or necessary nourishment or medically indicated
12treatment including food or care not provided solely on the
13basis of the present or anticipated mental or physical
14impairment as determined by a physician acting alone or in
15consultation with other physicians or otherwise is not
16receiving the proper or necessary support or medical or other
17remedial care recognized under State law as necessary for a
18child's well-being, or other care necessary for his or her
19well-being, including adequate food, clothing and shelter; or
20who is subjected to an environment which is injurious insofar
21as (i) the child's environment creates a likelihood of harm to
22the child's health, physical well-being, or welfare and (ii)
23the likely harm to the child is the result of a blatant
24disregard of parent, caretaker, person responsible for the
25child's welfare, or agency responsibilities; or who is
26abandoned by his or her parents or other person responsible

 

 

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1for the child's welfare without a proper plan of care; or who
2has been provided with interim crisis intervention services
3under Section 3-5 of the Juvenile Court Act of 1987 and whose
4parent, guardian, or custodian refuses to permit the child to
5return home and no other living arrangement agreeable to the
6parent, guardian, or custodian can be made, and the parent,
7guardian, or custodian has not made any other appropriate
8living arrangement for the child; or who is a newborn infant
9whose blood, urine, or meconium contains any amount of a
10controlled substance as defined in subsection (f) of Section
11102 of the Illinois Controlled Substances Act or a metabolite
12thereof, with the exception of a controlled substance or
13metabolite thereof whose presence in the newborn infant is the
14result of medical treatment administered to the mother or the
15newborn infant. A child shall not be considered neglected for
16the sole reason that the child's parent or other person
17responsible for his or her welfare has left the child in the
18care of an adult relative for any period of time. A child shall
19not be considered neglected for the sole reason that the child
20has been relinquished in accordance with the Abandoned Newborn
21Infant Protection Act. A child shall not be considered
22neglected or abused for the sole reason that such child's
23parent or other person responsible for his or her welfare
24depends upon spiritual means through prayer alone for the
25treatment or cure of disease or remedial care as provided
26under Section 4 of this Act. A child shall not be considered

 

 

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1neglected or abused solely because the child is not attending
2school in accordance with the requirements of Article 26 of
3The School Code, as amended.
4    "Child Protective Service Unit" means certain specialized
5State employees of the Department assigned by the Director to
6perform the duties and responsibilities as provided under
7Section 7.2 of this Act.
8    "Near fatality" means an act that, as certified by a
9physician, places the child in serious or critical condition,
10including acts of great bodily harm inflicted upon children
11under 13 years of age, and as otherwise defined by Department
12rule.
13    "Great bodily harm" includes bodily injury which creates a
14high probability of death, or which causes serious permanent
15disfigurement, or which causes a permanent or protracted loss
16or impairment of the function of any bodily member or organ, or
17other serious bodily harm.
18    "Person responsible for the child's welfare" means the
19child's parent; guardian; foster parent; relative caregiver;
20any person responsible for the child's welfare in a public or
21private residential agency or institution; any person
22responsible for the child's welfare within a public or private
23profit or not for profit child care facility; or any other
24person responsible for the child's welfare at the time of the
25alleged abuse or neglect, including any person who commits or
26allows to be committed, against the child, the offense of

 

 

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1involuntary servitude, involuntary sexual servitude of a
2minor, or trafficking in persons for forced labor or services,
3as provided in Section 10-9 of the Criminal Code of 2012,
4including, but not limited to, the custodian of the minor, or
5any person who came to know the child through an official
6capacity or position of trust, including, but not limited to,
7health care professionals, educational personnel, recreational
8supervisors, members of the clergy, and volunteers or support
9personnel in any setting where children may be subject to
10abuse or neglect.
11    "Temporary protective custody" means custody within a
12hospital or other medical facility or a place previously
13designated for such custody by the Department, subject to
14review by the Court, including a licensed foster home, group
15home, or other institution; but such place shall not be a jail
16or other place for the detention of criminal or juvenile
17offenders.
18    "An unfounded report" means any report made under this Act
19for which it is determined after an investigation that no
20credible evidence of abuse or neglect exists.
21    "An indicated report" means a report made under this Act
22if an investigation determines that credible evidence of the
23alleged abuse or neglect exists.
24    "An undetermined report" means any report made under this
25Act in which it was not possible to initiate or complete an
26investigation on the basis of information provided to the

 

 

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1Department.
2    "Subject of report" means any child reported to the
3central register of child abuse and neglect established under
4Section 7.7 of this Act as an alleged victim of child abuse or
5neglect and the parent or guardian of the alleged victim or
6other person responsible for the alleged victim's welfare who
7is named in the report or added to the report as an alleged
8perpetrator of child abuse or neglect.
9    "Perpetrator" means a person who, as a result of
10investigation, has been determined by the Department to have
11caused child abuse or neglect.
12    "Member of the clergy" means a clergyman or practitioner
13of any religious denomination accredited by the religious body
14to which he or she belongs.
15(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
16102-813, eff. 5-13-22.)
 
17    (325 ILCS 5/3.5 new)
18    Sec. 3.5. CAPTA notification. The Department shall develop
19a standardized CAPTA notification form that is separate and
20distinct from the form for written confirmation reports of
21child abuse or neglect as described in Section 7 of this Act. A
22CAPTA notification shall not be treated as a report of
23suspected child abuse or neglect under this Act. CAPTA
24notifications shall not be recorded in the State Central
25Registry and shall not be discoverable or admissible as

 

 

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1evidence in any proceeding pursuant to the Juvenile Court Act
2of 1987 or the Adoption Act.
 
3    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
4    Sec. 5. An officer of a local law enforcement agency,
5designated employee of the Department, or a physician treating
6a child may take or retain temporary protective custody of the
7child without the consent of the person responsible for the
8child's welfare, if (1) he has reason to believe that there
9exists a substantial and imminent risk of death, serious
10illness, or severe personal injury to the child if he or she is
11not immediately removed from his or her the child cannot be
12cared for at home or from in the custody of the person
13responsible for the child's welfare without endangering the
14child's health or safety; and (2) there is not time to apply
15for a court order under the Juvenile Court Act of 1987 for
16temporary custody of the child. The person taking or retaining
17a child in temporary protective custody shall immediately make
18every reasonable effort to notify the person responsible for
19the child's welfare and shall immediately notify the
20Department. The Department shall provide to the temporary
21caretaker of a child any information in the Department's
22possession concerning the positive results of a test performed
23on the child to determine the presence of the antibody or
24antigen to Human Immunodeficiency Virus (HIV), or of HIV
25infection, as well as any communicable diseases or

 

 

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1communicable infections that the child has. The temporary
2caretaker of a child shall not disclose to another person any
3information received by the temporary caretaker from the
4Department concerning the results of a test performed on the
5child to determine the presence of the antibody or antigen to
6HIV, or of HIV infection, except pursuant to Section 9 of the
7AIDS Confidentiality Act, as now or hereafter amended. The
8Department shall promptly initiate proceedings under the
9Juvenile Court Act of 1987 for the continued temporary custody
10of the child.
11    Where the physician keeping a child in his custody does so
12in his capacity as a member of the staff of a hospital or
13similar institution, he shall notify the person in charge of
14the institution or his designated agent, who shall then become
15responsible for the further care of such child in the hospital
16or similar institution under the direction of the Department.
17    Said care includes, but is not limited to the granting of
18permission to perform emergency medical treatment to a minor
19where the treatment itself does not involve a substantial risk
20of harm to the minor and the failure to render such treatment
21will likely result in death or permanent harm to the minor, and
22there is not time to apply for a court order under the Juvenile
23Court Act of 1987.
24    Any person authorized and acting in good faith in the
25removal of a child under this Section shall have immunity from
26any liability, civil or criminal that might otherwise be

 

 

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1incurred or imposed as a result of such removal. Any physician
2authorized and acting in good faith and in accordance with
3acceptable medical practice in the treatment of a child under
4this Section shall have immunity from any liability, civil or
5criminal, that might otherwise be incurred or imposed as a
6result of granting permission for emergency treatment.
7    With respect to any child taken into temporary protective
8custody pursuant to this Section, the Department of Children
9and Family Services Guardianship Administrator or his designee
10shall be deemed the child's legally authorized representative
11for purposes of consenting to an HIV test if deemed necessary
12and appropriate by the Department's Guardianship Administrator
13or designee and obtaining and disclosing information
14concerning such test pursuant to the AIDS Confidentiality Act
15if deemed necessary and appropriate by the Department's
16Guardianship Administrator or designee and for purposes of
17consenting to the release of information pursuant to the
18Illinois Sexually Transmissible Disease Control Act if deemed
19necessary and appropriate by the Department's Guardianship
20Administrator or designee.
21    Any person who administers an HIV test upon the consent of
22the Department of Children and Family Services Guardianship
23Administrator or his designee, or who discloses the results of
24such tests to the Department's Guardianship Administrator or
25his designee, shall have immunity from any liability, civil,
26criminal or otherwise, that might result by reason of such

 

 

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1actions. For the purpose of any proceedings, civil or
2criminal, the good faith of any persons required to administer
3or disclose the results of tests, or permitted to take such
4actions, shall be presumed.
5(Source: P.A. 90-28, eff. 1-1-98.)
 
6    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
7    Sec. 7.3. (a) The Department shall be the sole agency
8responsible for receiving and investigating reports of child
9abuse or neglect made under this Act, including reports of
10adult resident abuse or neglect as defined in this Act, except
11where investigations by other agencies may be required with
12respect to reports alleging the abuse or neglect of a child by
13a person who is not the child's parent, a member of the child's
14immediate family, a person responsible for the child's
15welfare, an individual residing in the same home as the child,
16or a paramour of the child's parent, the death of a child,
17serious injury to a child or sexual abuse to a child made
18pursuant to Sections 4.1 or 7 of this Act, and except that the
19Department may delegate the performance of the investigation
20to the Illinois State Police, a law enforcement agency and to
21those private social service agencies which have been
22designated for this purpose by the Department prior to July 1,
231980.
24    (b) Notwithstanding any other provision of this Act, the
25Department shall adopt rules expressly allowing law

 

 

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1enforcement personnel to investigate reports of suspected
2child abuse or neglect concurrently with the Department,
3without regard to whether the Department determines a report
4to be "indicated" or "unfounded" or deems a report to be
5"undetermined".
6    (b-1) It is unlawful for any person described in
7paragraphs (1), (2), (3), and (10) of subsection (a) of
8Section 4 to disclose to the Department or to any law
9enforcement agency the results of:
10        (1) any verbal screening questions concerning drug or
11    alcohol use of a pregnant or postpartum person;
12        (2) any toxicology test administered to a person who
13    is pregnant or has given birth within the 12 weeks prior to
14    the administration of the toxicology test; or
15        (3) any toxicology test administered to a newborn.
16    A mandated reporter described in this subsection shall not
17disclose a patient or client's confidential information
18described under paragraph (1), (2), or (3) to a law
19enforcement agency or to the Department unless a law
20enforcement agency has successfully obtained and furnished a
21search warrant issued under Section 108-3 of the Code of
22Criminal Procedure of 1963.
23    Any person who knowingly and willfully violates any
24provision of this Section is guilty of a Class A misdemeanor
25for a first violation and a Class 4 felony for a second or
26subsequent violation.

 

 

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1    (c) By June 1, 2016, the Department shall adopt rules that
2address and set forth criteria and standards relevant to
3investigations of reports of abuse or neglect committed by any
4agency, as defined in Section 3 of this Act, or person working
5for an agency responsible for the welfare of a child or adult
6resident.
7(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
8    (325 ILCS 5/4.4 rep.)
9    Section 35. The Abused and Neglected Child Reporting Act
10is amended by repealing Section 4.4.
 
11    Section 40. The Medical Patient Rights Act is amended by
12changing Section 3.4 and by adding Section 3.5 as follows:
 
13    (410 ILCS 50/3.4)
14    Sec. 3.4. Rights of patients women; pregnancy and
15childbirth.
16    (a) In addition to any other right provided under this
17Act, every patient woman has the following rights with regard
18to pregnancy and childbirth:
19        (1) The right to receive health care before, during,
20    and after pregnancy and childbirth.
21        (2) The right to receive care for the patient her and
22    the patient's her infant that is consistent with all
23    clinical consensus documents, committee statements,

 

 

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1    committee opinions, and obstetric care consensus documents
2    published or reaffirmed by the American College of
3    Obstetricians and Gynecologists on or after January 1,
4    2019 generally accepted medical standards.
5        (3) The right to choose a maternity care provider from
6    the full range of providers available in the patient's
7    community, such as a physician, a licensed certified
8    professional midwife, or a certified nurse midwife or
9    physician as her maternity care professional.
10        (4) The right to choose the patient's her birth
11    setting from the full range of birthing options available
12    in the patient's her community.
13        (5) The right to leave the patient's her maternity
14    care provider professional and select another if the
15    patient she becomes dissatisfied with the patient's her
16    care, except as otherwise provided by law.
17        (6) The right to receive information about the names
18    of those health care professionals involved in the
19    patient's her care.
20        (7) The right to privacy and confidentiality of
21    records, except as provided by law.
22        (8) The right to receive information concerning the
23    patient's her condition and proposed treatment, including
24    methods of relieving pain.
25        (9) The right to accept or refuse any treatment, to
26    the extent medically possible.

 

 

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1        (10) The right to be informed if the patient's her
2    caregivers wish to enroll the patient her or the patient's
3    her infant in a research study in accordance with Section
4    3.1 of this Act.
5        (11) The right to access the patient's her medical
6    records in accordance with Section 8-2001 of the Code of
7    Civil Procedure.
8        (12) The right to receive information in a language in
9    which the patient she can communicate in accordance with
10    federal law.
11        (13) The right to receive emotional and physical
12    support during labor and birth.
13        (14) The right to freedom of movement during labor and
14    to give birth in the position of the patient's her choice,
15    within generally accepted medical standards.
16        (15) The right to contact with the patient's her
17    newborn, except where necessary care must be provided to
18    the patient mother or infant.
19        (16) The right to receive information about
20    breastfeeding.
21        (17) The right to decide collaboratively with
22    caregivers when the patient and the patient's newborn she
23    and her baby will leave the birth site for home, based on
24    their conditions and circumstances.
25        (18) The right to be treated with respect at all times
26    before, during, and after pregnancy by the patient and the

 

 

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1    patient's newborn's her health care professionals.
2        (19) The right of each patient, regardless of source
3    of payment, to examine and receive a reasonable
4    explanation of the patient's her total bill for services
5    rendered by the patient's her maternity care professional
6    or health care provider, including itemized charges for
7    specific services received. Each maternity care
8    professional or health care provider shall be responsible
9    only for a reasonable explanation of those specific
10    services provided by the maternity care professional or
11    health care provider.
12    (b) The Department of Public Health, Department of
13Healthcare and Family Services, Department of Children and
14Family Services, and Department of Human Services shall post,
15either by physical or electronic means, information about
16these rights on their publicly available websites. Every
17health care provider, day care center licensed under the Child
18Care Act of 1969, Head Start, and community center shall post
19information about these rights in a prominent place and on
20their websites, if applicable.
21    (c) The Department of Public Health shall adopt rules to
22implement this Section.
23    (d) Nothing in this Section or any rules adopted under
24subsection (c) shall be construed to require a physician,
25health care professional, hospital, hospital affiliate, or
26health care provider to provide care inconsistent with

 

 

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1generally accepted medical standards or available capabilities
2or resources.
3(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 
4    (410 ILCS 50/3.5 new)
5    Sec. 3.5. Disclosure of medical information.
6    (a) Notwithstanding any other provision of law, and except
7as otherwise provided under this subsection, a patient has the
8right for a physician, health care provider, health services
9corporation, or insurance company to administer any of the
10following medical tests without disclosing the results of the
11test to a State or local law enforcement agency or to the
12Department of Children and Family Services:
13        (1) Any verbal screening or questioning concerning the
14    drug or alcohol use of a pregnant or postpartum person.
15        (2) Any toxicology test administered to a person who
16    is pregnant or has given birth within the previous 12
17    weeks.
18        (3) Any toxicology test administered to a newborn.
19    A physician, health care provider, health services
20corporation, or insurance company who administers a medical
21test described under paragraph (1), (2), or (3) may disclose
22the results of the test to a law enforcement agency or to the
23Department of Children and Family Services if a law
24enforcement agency has successfully obtained and furnished a
25search warrant issued under Section 108-3 of the Code of

 

 

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1Criminal Procedure of 1963.
2    (b) A health care provider shall not disclose any private
3information regarding a patient's reproductive health care to
4any out-of-state law enforcement person or entity unless
5disclosure of the information has been authorized pursuant to
6a State or federal court order.
7    (c) In this Section, "reproductive health care" has the
8same meaning as provided in Section 1-10 of the Reproductive
9Health Act.
 
10    Section 45. The Illinois Health and Hazardous Substances
11Registry Act is amended by changing Section 3 as follows:
 
12    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
13    Sec. 3. For the purposes of this Act, unless the context
14requires otherwise:
15    (a) "Department" means the Illinois Department of Public
16Health.
17    (b) "Director" means the Director of the Illinois
18Department of Public Health.
19    (c) "Council" means the Health and Hazardous Substances
20Coordinating Council created by this Act.
21    (d) "Registry" means the Illinois Health and Hazardous
22Substances Registry established by the Department of Public
23Health under Section 6 of this Act.
24    (e) "Cancer" means all malignant neoplasms, regardless of

 

 

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1the tissue of origin, including malignant lymphoma and
2leukemia.
3    (f) "Cancer incidence" means a medical diagnosis of
4cancer, consisting of a record of cases of cancer and
5specified cases of tumorous or precancerous diseases which
6occur in Illinois, and such other information concerning these
7cases as the Department deems necessary or appropriate in
8order to conduct thorough and complete epidemiological surveys
9of cancer and cancer-related diseases in Illinois.
10    (g) "Occupational disease" includes but is not limited to
11all occupational diseases covered by the Workers' Occupational
12Diseases Act.
13    (h) "Hazardous substances" means a hazardous substance as
14defined in the Environmental Protection Act.
15    (i) "Hazardous substances incident" includes but is not
16limited to a spill, fire, or accident involving hazardous
17substances, illegal disposal, transportation, or use of
18hazardous substances, and complaints or permit violations
19involving hazardous substances.
20    (j) "Company profile" includes but is not limited to the
21name of any company operating in the State of Illinois which
22generates, uses, disposes of or transports hazardous
23substances, identification of the types of permits issued in
24such company's name relating to transactions involving
25hazardous substances, inventory of hazardous substances
26handled by such company, and the manner in which such

 

 

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

 

 

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1abuse or withdrawal symptoms resulting from prenatal exposure
2to controlled substances or a fetal alcohol spectrum disorder.
3The healthcare provider involved in the delivery or care of
4the newborn determines whether the infant is affected by
5prenatal substance exposure or withdrawal symptoms.
6    (m) "News medium" means any newspaper or other periodical
7issued at regular intervals, whether in print or electronic
8format, and having a general circulation; a news service,
9whether in print or electronic format; a radio station, a
10television station; a television network; a community antenna
11television service; and any person or corporation engaged in
12the making of news reels or other motion picture news for
13public showing.
14    (n) "Researcher" means an individual who is affiliated
15with or supported by universities, academic centers, research
16institutions, hospitals, and governmental entities who conduct
17scientific research or investigation on human diseases.
18(Source: P.A. 95-941, eff. 8-29-08.)
 
19    Section 50. The Vital Records Act is amended by changing
20Sections 20 and 20.5 as follows:
 
21    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
22    Sec. 20. Fetal death; place of registration.
23    (1) Each fetal death which occurs in this State after a
24gestation period of 20 completed weeks (or and when the mother

 

 

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1elects in writing to arrange for the burial or cremation of the
2fetus under Section 11.4 of the Hospital Licensing Act) or
3more shall be registered with the local or subregistrar of the
4district in which the delivery occurred within 7 days after
5the delivery and before removal of the fetus from the State,
6except as provided by regulation in special problem cases.
7        (a) For the purposes of this Section, if the place of
8    fetal death is unknown, a fetal death certificate shall be
9    filed in the registration district in which a dead fetus
10    is found, which shall be considered the place of fetal
11    death.
12        (b) When a fetal death occurs on a moving conveyance,
13    the city, village, township, or road district in which the
14    fetus is first removed from the conveyance shall be
15    considered the place of delivery and a fetal death
16    certificate shall be filed in the registration district in
17    which the place is located.
18        (c) The funeral director or person acting as such who
19    first assumes custody of a fetus shall file the
20    certificate. The personal data shall be obtained from the
21    best qualified person or source available. The name,
22    relationship, and address of the informant shall be
23    entered on the certificate. The date, place, and method of
24    final disposition of the fetus shall be recorded over the
25    personal signature and address of the funeral director
26    responsible for the disposition. The certificate shall be

 

 

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1    presented to the person responsible for completing the
2    medical certification of the cause of death.
3    (2) The medical certification shall be completed and
4signed within 24 hours after delivery by the certifying health
5care professional in attendance at or after delivery, except
6when investigation is required under Division 3-3 of Article 3
7of the Counties Code and except as provided by regulation in
8special problem cases.
9    (3) When a fetal death occurs without medical attendance
10upon the mother at or after the delivery, or when
11investigation is required under Division 3-3 of Article 3 of
12the Counties Code, the coroner shall be responsible for the
13completion of the fetal death certificate and shall sign the
14medical certification within 24 hours after the delivery or
15the finding of the fetus, except as provided by regulation in
16special problem cases.
17(Source: P.A. 102-257, eff. 1-1-22.)
 
18    (410 ILCS 535/20.5)
19    Sec. 20.5. Certificate of birth resulting in stillbirth.
20    (a) The State Registrar shall prescribe and distribute a
21form for a certificate of birth resulting in stillbirth. The
22certificate shall be in the same format as a certificate of
23live birth prepared under Section 12 and shall be filed in the
24same manner as a certificate of live birth.
25    (b) After each fetal death that occurs in this State after

 

 

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1a gestation period of at least 20 26 completed weeks, or, in
2cases where gestational age is uncertain, where the fetus
3weighs at least 350 grams, the person who files a fetal death
4certificate in connection with that death as required under
5Section 20 shall, only upon request by the parent woman who
6delivered the stillborn fetus, also prepare a certificate of
7birth resulting in stillbirth. The person shall prepare the
8certificate on the form prescribed and furnished by the State
9Registrar and in accordance with the rules adopted by the
10State Registrar.
11    (b-5) A person who files a fetal death certificate as
12described under subsection (b) shall notify the gestational
13parent of the stillborn of that parent's right to request and
14receive a certificate of birth resulting in stillbirth under
15subsection (b). The Department shall develop forms for
16notification under this subsection. This form shall be titled
17and known as a "Liam's Law notice."
18    (c) If the stillborn's parent or parents do not wish to
19provide a name for the stillborn, the person who prepares the
20certificate of birth resulting in stillbirth shall leave blank
21any references to the stillborn's name.
22    (d) When a stillbirth occurs in this State and the
23stillbirth has not been registered within one year after the
24delivery, a certificate marked "delayed" may be filed and
25registered in accordance with regulations adopted by the State
26Registrar. The certificate must show on its face the date of

 

 

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1registration.
2    (e) In the case of a fetal death that occurred in this
3State after a gestation period of at least 20 26 completed
4weeks or, in cases where gestational age is uncertain, where
5the fetus weighs at least 350 grams, and before the effective
6date of this amendatory Act of the 103rd General Assembly this
7amendatory Act of the 93rd General Assembly, a parent of the
8stillborn child may request that the person who filed a fetal
9death certificate in connection with that death as required
10under Section 20 shall also prepare a certificate of birth
11resulting in stillbirth with respect to the fetus. If a parent
12of a stillborn makes such a request under this subsection (e),
13the person who filed a fetal death certificate shall prepare
14the certificate of birth resulting in stillbirth and file it
15with the designated registrar within 30 days after the request
16by the parent.
17(Source: P.A. 93-578, eff. 8-21-03.)
 
18    Section 55. The Juvenile Court Act of 1987 is amended by
19changing Sections 2-3 and 2-18 as follows:
 
20    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
21    Sec. 2-3. Neglected or abused minor.
22    (1) Those who are neglected include:
23        (a) any minor under 18 years of age or a minor 18 years
24    of age or older for whom the court has made a finding of

 

 

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

 

 

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1    as defined in subsection (f) of Section 102 of the
2    Illinois Controlled Substances Act, as now or hereafter
3    amended, or a metabolite of a controlled substance, with
4    the exception of controlled substances or metabolites of
5    such substances, the presence of which in the newborn
6    infant is the result of medical treatment administered to
7    the mother or the newborn infant; or
8        (d) any minor under the age of 14 years whose parent or
9    other person responsible for the minor's welfare leaves
10    the minor without supervision for an unreasonable period
11    of time without regard for the mental or physical health,
12    safety, or welfare of that minor; or
13        (e) any minor who has been provided with interim
14    crisis intervention services under Section 3-5 of this Act
15    and whose parent, guardian, or custodian refuses to permit
16    the minor to return home unless the minor is an immediate
17    physical danger to himself, herself, or others living in
18    the home.
19    Whether the minor was left without regard for the mental
20or physical health, safety, or welfare of that minor or the
21period of time was unreasonable shall be determined by
22considering the following factors, including but not limited
23to:
24        (1) the age of the minor;
25        (2) the number of minors left at the location;
26        (3) special needs of the minor, including whether the

 

 

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1    minor is a person with a physical or mental disability, or
2    otherwise in need of ongoing prescribed medical treatment
3    such as periodic doses of insulin or other medications;
4        (4) the duration of time in which the minor was left
5    without supervision;
6        (5) the condition and location of the place where the
7    minor was left without supervision;
8        (6) the time of day or night when the minor was left
9    without supervision;
10        (7) the weather conditions, including whether the
11    minor was left in a location with adequate protection from
12    the natural elements such as adequate heat or light;
13        (8) the location of the parent or guardian at the time
14    the minor was left without supervision, the physical
15    distance the minor was from the parent or guardian at the
16    time the minor was without supervision;
17        (9) whether the minor's movement was restricted, or
18    the minor was otherwise locked within a room or other
19    structure;
20        (10) whether the minor was given a phone number of a
21    person or location to call in the event of an emergency and
22    whether the minor was capable of making an emergency call;
23        (11) whether there was food and other provision left
24    for the minor;
25        (12) whether any of the conduct is attributable to
26    economic hardship or illness and the parent, guardian or

 

 

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

 

 

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1    impairment of any bodily function;
2        (ii) creates a substantial risk of physical injury to
3    such minor by other than accidental means which would be
4    likely to cause death, disfigurement, impairment of
5    emotional health, or loss or impairment of any bodily
6    function;
7        (iii) commits or allows to be committed any sex
8    offense against such minor, as such sex offenses are
9    defined in the Criminal Code of 1961 or the Criminal Code
10    of 2012, or in the Wrongs to Children Act, and extending
11    those definitions of sex offenses to include minors under
12    18 years of age;
13        (iv) commits or allows to be committed an act or acts
14    of torture upon such minor;
15        (v) inflicts excessive corporal punishment;
16        (vi) commits or allows to be committed the offense of
17    involuntary servitude, involuntary sexual servitude of a
18    minor, or trafficking in persons as defined in Section
19    10-9 of the Criminal Code of 1961 or the Criminal Code of
20    2012, upon such minor; or
21        (vii) allows, encourages or requires a minor to commit
22    any act of prostitution, as defined in the Criminal Code
23    of 1961 or the Criminal Code of 2012, and extending those
24    definitions to include minors under 18 years of age.
25    A minor shall not be considered abused for the sole reason
26that the minor has been relinquished in accordance with the

 

 

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1Abandoned Newborn Infant Protection Act.
2    (3) This Section does not apply to a minor who would be
3included herein solely for the purpose of qualifying for
4financial assistance for himself, his parents, guardian or
5custodian.
6    (4) The changes made by this amendatory Act of the 101st
7General Assembly apply to a case that is pending on or after
8the effective date of this amendatory Act of the 101st General
9Assembly.
10(Source: P.A. 101-79, eff. 7-12-19.)
 
11    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
12    Sec. 2-18. Evidence.
13    (1) At the adjudicatory hearing, the court shall first
14consider only the question whether the minor is abused,
15neglected or dependent. The standard of proof and the rules of
16evidence in the nature of civil proceedings in this State are
17applicable to proceedings under this Article. If the petition
18also seeks the appointment of a guardian of the person with
19power to consent to adoption of the minor under Section 2-29,
20the court may also consider legally admissible evidence at the
21adjudicatory hearing that one or more grounds of unfitness
22exists under subdivision D of Section 1 of the Adoption Act.
23    (2) In any hearing under this Act, the following shall
24constitute prima facie evidence of abuse or neglect, as the
25case may be:

 

 

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1        (a) proof that a minor has a medical diagnosis of
2    battered child syndrome is prima facie evidence of abuse;
3        (b) (blank); proof that a minor has a medical
4    diagnosis of failure to thrive syndrome is prima facie
5    evidence of neglect;
6        (c) (blank); proof that a minor has a medical
7    diagnosis of fetal alcohol syndrome is prima facie
8    evidence of neglect;
9        (d) (blank); proof that a minor has a medical
10    diagnosis at birth of withdrawal symptoms from narcotics
11    or barbiturates is prima facie evidence of neglect;
12        (e) proof of injuries sustained by a minor or of the
13    condition of a minor of such a nature as would ordinarily
14    not be sustained or exist except by reason of the acts or
15    omissions of the parent, custodian or guardian of such
16    minor shall be prima facie evidence of abuse or neglect,
17    as the case may be;
18        (f) proof that a parent, custodian or guardian of a
19    minor repeatedly used a drug, to the extent that it has or
20    would ordinarily have the effect of producing in the user
21    a substantial state of stupor, unconsciousness,
22    intoxication, hallucination, disorientation or
23    incompetence, or a substantial impairment of judgment, or
24    a substantial manifestation of irrationality, shall be
25    prima facie evidence of neglect;
26        (g) proof that a parent, custodian, or guardian of a

 

 

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

 

 

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1    for any money, property, token, object, or article or
2    anything of value, or any touching or fondling of the sex
3    organs of one person by another person, for any money,
4    property, token, object, or article or anything of value,
5    for the purpose of sexual arousal or gratification,
6    constitutes prima facie evidence of abuse and neglect;
7        (k) proof that a parent, custodian, or guardian of a
8    minor commits or allows to be committed the offense of
9    involuntary servitude, involuntary sexual servitude of a
10    minor, or trafficking in persons as defined in Section
11    10-9 of the Criminal Code of 1961 or the Criminal Code of
12    2012, upon such minor, constitutes prima facie evidence of
13    abuse and neglect.
14    (3) In any hearing under this Act, proof of the abuse,
15neglect or dependency of one minor shall be admissible
16evidence on the issue of the abuse, neglect or dependency of
17any other minor for whom the respondent is responsible.
18    (4) (a) Any writing, record, photograph or x-ray of any
19hospital or public or private agency, whether in the form of an
20entry in a book or otherwise, made as a memorandum or record of
21any condition, act, transaction, occurrence or event relating
22to a minor in an abuse, neglect or dependency proceeding,
23shall be admissible in evidence as proof of that condition,
24act, transaction, occurrence or event, if the court finds that
25the document was made in the regular course of the business of
26the hospital or agency and that it was in the regular course of

 

 

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1such business to make it, at the time of the act, transaction,
2occurrence or event, or within a reasonable time thereafter. A
3certification by the head or responsible employee of the
4hospital or agency that the writing, record, photograph or
5x-ray is the full and complete record of the condition, act,
6transaction, occurrence or event and that it satisfies the
7conditions of this paragraph shall be prima facie evidence of
8the facts contained in such certification. A certification by
9someone other than the head of the hospital or agency shall be
10accompanied by a photocopy of a delegation of authority signed
11by both the head of the hospital or agency and by such other
12employee. All other circumstances of the making of the
13memorandum, record, photograph or x-ray, including lack of
14personal knowledge of the maker, may be proved to affect the
15weight to be accorded such evidence, but shall not affect its
16admissibility.
17    (b) Any indicated report filed pursuant to the Abused and
18Neglected Child Reporting Act shall be admissible in evidence.
19    (c) Previous statements made by the minor relating to any
20allegations of abuse or neglect shall be admissible in
21evidence. However, no such statement, if uncorroborated and
22not subject to cross-examination, shall be sufficient in
23itself to support a finding of abuse or neglect.
24    (d) There shall be a rebuttable presumption that a minor
25is competent to testify in abuse or neglect proceedings. The
26court shall determine how much weight to give to the minor's

 

 

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1testimony, and may allow the minor to testify in chambers with
2only the court, the court reporter and attorneys for the
3parties present.
4    (e) The privileged character of communication between any
5professional person and patient or client, except privilege
6between attorney and client, shall not apply to proceedings
7subject to this Article.
8    (f) Proof of the impairment of emotional health or
9impairment of mental or emotional condition as a result of the
10failure of the respondent to exercise a minimum degree of care
11toward a minor may include competent opinion or expert
12testimony, and may include proof that such impairment lessened
13during a period when the minor was in the care, custody or
14supervision of a person or agency other than the respondent.
15    (5) In any hearing under this Act alleging neglect for
16failure to provide education as required by law under
17subsection (1) of Section 2-3, proof that a minor under 13
18years of age who is subject to compulsory school attendance
19under the School Code is a chronic truant as defined under the
20School Code shall be prima facie evidence of neglect by the
21parent or guardian in any hearing under this Act and proof that
22a minor who is 13 years of age or older who is subject to
23compulsory school attendance under the School Code is a
24chronic truant shall raise a rebuttable presumption of neglect
25by the parent or guardian. This subsection (5) shall not apply
26in counties with 2,000,000 or more inhabitants.

 

 

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1    (6) In any hearing under this Act, the court may take
2judicial notice of prior sworn testimony or evidence admitted
3in prior proceedings involving the same minor if (a) the
4parties were either represented by counsel at such prior
5proceedings or the right to counsel was knowingly waived and
6(b) the taking of judicial notice would not result in
7admitting hearsay evidence at a hearing where it would
8otherwise be prohibited.
9(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
1097-1150, eff. 1-25-13.)
 
11    Section 60. The Adoption Act is amended by changing
12Section 1 as follows:
 
13    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
14    Sec. 1. Definitions. When used in this Act, unless the
15context otherwise requires:
16    A. "Child" means a person under legal age subject to
17adoption under this Act.
18    B. "Related child" means a child subject to adoption where
19either or both of the adopting parents stands in any of the
20following relationships to the child by blood, marriage,
21adoption, or civil union: parent, grand-parent,
22great-grandparent, brother, sister, step-parent,
23step-grandparent, step-brother, step-sister, uncle, aunt,
24great-uncle, great-aunt, first cousin, or second cousin. A

 

 

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1person is related to the child as a first cousin or second
2cousin if they are both related to the same ancestor as either
3grandchild or great-grandchild. A child whose parent has
4executed a consent to adoption, a surrender, or a waiver
5pursuant to Section 10 of this Act or whose parent has signed a
6denial of paternity pursuant to Section 12 of the Vital
7Records Act or Section 12a of this Act, or whose parent has had
8his or her parental rights terminated, is not a related child
9to that person, unless (1) the consent is determined to be void
10or is void pursuant to subsection O of Section 10 of this Act;
11or (2) the parent of the child executed a consent to adoption
12by a specified person or persons pursuant to subsection A-1 of
13Section 10 of this Act and a court of competent jurisdiction
14finds that such consent is void; or (3) the order terminating
15the parental rights of the parent is vacated by a court of
16competent jurisdiction.
17    C. "Agency" for the purpose of this Act means a public
18child welfare agency or a licensed child welfare agency.
19    D. "Unfit person" means any person whom the court shall
20find to be unfit to have a child, without regard to the
21likelihood that the child will be placed for adoption. The
22grounds of unfitness are any one or more of the following,
23except that a person shall not be considered an unfit person
24for the sole reason that the person has relinquished a child in
25accordance with the Abandoned Newborn Infant Protection Act:
26        (a) Abandonment of the child.

 

 

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1        (a-1) Abandonment of a newborn infant in a hospital.
2        (a-2) Abandonment of a newborn infant in any setting
3    where the evidence suggests that the parent intended to
4    relinquish his or her parental rights.
5        (b) Failure to maintain a reasonable degree of
6    interest, concern or responsibility as to the child's
7    welfare.
8        (c) Desertion of the child for more than 3 months next
9    preceding the commencement of the Adoption proceeding.
10        (d) Substantial neglect of the child if continuous or
11    repeated.
12        (d-1) Substantial neglect, if continuous or repeated,
13    of any child residing in the household which resulted in
14    the death of that child.
15        (e) Extreme or repeated cruelty to the child.
16        (f) There is a rebuttable presumption, which can be
17    overcome only by clear and convincing evidence, that a
18    parent is unfit if:
19            (1) Two or more findings of physical abuse have
20        been entered regarding any children under Section 2-21
21        of the Juvenile Court Act of 1987, the most recent of
22        which was determined by the juvenile court hearing the
23        matter to be supported by clear and convincing
24        evidence; or
25            (2) The parent has been convicted or found not
26        guilty by reason of insanity and the conviction or

 

 

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1        finding resulted from the death of any child by
2        physical abuse; or
3            (3) There is a finding of physical child abuse
4        resulting from the death of any child under Section
5        2-21 of the Juvenile Court Act of 1987.
6        No conviction or finding of delinquency pursuant to
7    Article V of the Juvenile Court Act of 1987 shall be
8    considered a criminal conviction for the purpose of
9    applying any presumption under this item (f).
10        (g) Failure to protect the child from conditions
11    within his environment injurious to the child's welfare.
12        (h) Other neglect of, or misconduct toward the child;
13    provided that in making a finding of unfitness the court
14    hearing the adoption proceeding shall not be bound by any
15    previous finding, order or judgment affecting or
16    determining the rights of the parents toward the child
17    sought to be adopted in any other proceeding except such
18    proceedings terminating parental rights as shall be had
19    under either this Act, the Juvenile Court Act or the
20    Juvenile Court Act of 1987.
21        (i) Depravity. Conviction of any one of the following
22    crimes shall create a presumption that a parent is
23    depraved which can be overcome only by clear and
24    convincing evidence: (1) first degree murder in violation
25    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
26    the Criminal Code of 1961 or the Criminal Code of 2012 or

 

 

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1    conviction of second degree murder in violation of
2    subsection (a) of Section 9-2 of the Criminal Code of 1961
3    or the Criminal Code of 2012 of a parent of the child to be
4    adopted; (2) first degree murder or second degree murder
5    of any child in violation of the Criminal Code of 1961 or
6    the Criminal Code of 2012; (3) attempt or conspiracy to
7    commit first degree murder or second degree murder of any
8    child in violation of the Criminal Code of 1961 or the
9    Criminal Code of 2012; (4) solicitation to commit murder
10    of any child, solicitation to commit murder of any child
11    for hire, or solicitation to commit second degree murder
12    of any child in violation of the Criminal Code of 1961 or
13    the Criminal Code of 2012; (5) predatory criminal sexual
14    assault of a child in violation of Section 11-1.40 or
15    12-14.1 of the Criminal Code of 1961 or the Criminal Code
16    of 2012; (6) heinous battery of any child in violation of
17    the Criminal Code of 1961; (7) aggravated battery of any
18    child in violation of the Criminal Code of 1961 or the
19    Criminal Code of 2012; (8) any violation of Section
20    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
21    the Criminal Code of 2012; (9) any violation of subsection
22    (a) of Section 11-1.50 or Section 12-16 of the Criminal
23    Code of 1961 or the Criminal Code of 2012; (10) any
24    violation of Section 11-9.1 of the Criminal Code of 1961
25    or the Criminal Code of 2012; (11) any violation of
26    Section 11-9.1A of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012; or (12) an offense in any other
2    state the elements of which are similar and bear a
3    substantial relationship to any of the enumerated offenses
4    in this subsection (i).
5        There is a rebuttable presumption that a parent is
6    depraved if the parent has been criminally convicted of at
7    least 3 felonies under the laws of this State or any other
8    state, or under federal law, or the criminal laws of any
9    United States territory; and at least one of these
10    convictions took place within 5 years of the filing of the
11    petition or motion seeking termination of parental rights.
12        There is a rebuttable presumption that a parent is
13    depraved if that parent has been criminally convicted of
14    either first or second degree murder of any person as
15    defined in the Criminal Code of 1961 or the Criminal Code
16    of 2012 within 10 years of the filing date of the petition
17    or motion to terminate parental rights.
18        No conviction or finding of delinquency pursuant to
19    Article 5 of the Juvenile Court Act of 1987 shall be
20    considered a criminal conviction for the purpose of
21    applying any presumption under this item (i).
22        (j) Open and notorious adultery or fornication.
23        (j-1) (Blank).
24        (k) Habitual drunkenness or addiction to drugs, other
25    than those prescribed by a physician, for at least one
26    year immediately prior to the commencement of the

 

 

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1    unfitness proceeding.
2        There is a rebuttable presumption that a parent is
3    unfit under this subsection with respect to any child to
4    which that parent gives birth where there is a confirmed
5    test result that at birth the child's blood, urine, or
6    meconium contained any amount of a controlled substance as
7    defined in subsection (f) of Section 102 of the Illinois
8    Controlled Substances Act or metabolites of such
9    substances, the presence of which in the newborn infant
10    was not the result of medical treatment administered to
11    the mother or the newborn infant; and the biological
12    mother of this child is the biological mother of at least
13    one other child who was adjudicated a neglected minor
14    under subsection (c) of Section 2-3 of the Juvenile Court
15    Act of 1987.
16        (l) Failure to demonstrate a reasonable degree of
17    interest, concern or responsibility as to the welfare of a
18    new born child during the first 30 days after its birth.
19        (m) Failure by a parent (i) to make reasonable efforts
20    to correct the conditions that were the basis for the
21    removal of the child from the parent during any 9-month
22    period following the adjudication of neglected or abused
23    minor under Section 2-3 of the Juvenile Court Act of 1987
24    or dependent minor under Section 2-4 of that Act, or (ii)
25    to make reasonable progress toward the return of the child
26    to the parent during any 9-month period following the

 

 

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1    adjudication of neglected or abused minor under Section
2    2-3 of the Juvenile Court Act of 1987 or dependent minor
3    under Section 2-4 of that Act. If a service plan has been
4    established as required under Section 8.2 of the Abused
5    and Neglected Child Reporting Act to correct the
6    conditions that were the basis for the removal of the
7    child from the parent and if those services were
8    available, then, for purposes of this Act, "failure to
9    make reasonable progress toward the return of the child to
10    the parent" includes the parent's failure to substantially
11    fulfill his or her obligations under the service plan and
12    correct the conditions that brought the child into care
13    during any 9-month period following the adjudication under
14    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
15    Notwithstanding any other provision, when a petition or
16    motion seeks to terminate parental rights on the basis of
17    item (ii) of this subsection (m), the petitioner shall
18    file with the court and serve on the parties a pleading
19    that specifies the 9-month period or periods relied on.
20    The pleading shall be filed and served on the parties no
21    later than 3 weeks before the date set by the court for
22    closure of discovery, and the allegations in the pleading
23    shall be treated as incorporated into the petition or
24    motion. Failure of a respondent to file a written denial
25    of the allegations in the pleading shall not be treated as
26    an admission that the allegations are true.

 

 

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1        (m-1) (Blank).
2        (n) Evidence of intent to forgo his or her parental
3    rights, whether or not the child is a ward of the court,
4    (1) as manifested by his or her failure for a period of 12
5    months: (i) to visit the child, (ii) to communicate with
6    the child or agency, although able to do so and not
7    prevented from doing so by an agency or by court order, or
8    (iii) to maintain contact with or plan for the future of
9    the child, although physically able to do so, or (2) as
10    manifested by the father's failure, where he and the
11    mother of the child were unmarried to each other at the
12    time of the child's birth, (i) to commence legal
13    proceedings to establish his paternity under the Illinois
14    Parentage Act of 1984, the Illinois Parentage Act of 2015,
15    or the law of the jurisdiction of the child's birth within
16    30 days of being informed, pursuant to Section 12a of this
17    Act, that he is the father or the likely father of the
18    child or, after being so informed where the child is not
19    yet born, within 30 days of the child's birth, or (ii) to
20    make a good faith effort to pay a reasonable amount of the
21    expenses related to the birth of the child and to provide a
22    reasonable amount for the financial support of the child,
23    the court to consider in its determination all relevant
24    circumstances, including the financial condition of both
25    parents; provided that the ground for termination provided
26    in this subparagraph (n)(2)(ii) shall only be available

 

 

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1    where the petition is brought by the mother or the husband
2    of the mother.
3        Contact or communication by a parent with his or her
4    child that does not demonstrate affection and concern does
5    not constitute reasonable contact and planning under
6    subdivision (n). In the absence of evidence to the
7    contrary, the ability to visit, communicate, maintain
8    contact, pay expenses and plan for the future shall be
9    presumed. The subjective intent of the parent, whether
10    expressed or otherwise, unsupported by evidence of the
11    foregoing parental acts manifesting that intent, shall not
12    preclude a determination that the parent has intended to
13    forgo his or her parental rights. In making this
14    determination, the court may consider but shall not
15    require a showing of diligent efforts by an authorized
16    agency to encourage the parent to perform the acts
17    specified in subdivision (n).
18        It shall be an affirmative defense to any allegation
19    under paragraph (2) of this subsection that the father's
20    failure was due to circumstances beyond his control or to
21    impediments created by the mother or any other person
22    having legal custody. Proof of that fact need only be by a
23    preponderance of the evidence.
24        (o) Repeated or continuous failure by the parents,
25    although physically and financially able, to provide the
26    child with adequate food, clothing, or shelter.

 

 

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1        (p) Inability to discharge parental responsibilities
2    supported by competent evidence from a psychiatrist,
3    licensed clinical social worker, or clinical psychologist
4    of mental impairment, mental illness or an intellectual
5    disability as defined in Section 1-116 of the Mental
6    Health and Developmental Disabilities Code, or
7    developmental disability as defined in Section 1-106 of
8    that Code, and there is sufficient justification to
9    believe that the inability to discharge parental
10    responsibilities shall extend beyond a reasonable time
11    period. However, this subdivision (p) shall not be
12    construed so as to permit a licensed clinical social
13    worker to conduct any medical diagnosis to determine
14    mental illness or mental impairment.
15        (q) (Blank).
16        (r) The child is in the temporary custody or
17    guardianship of the Department of Children and Family
18    Services, the parent is incarcerated as a result of
19    criminal conviction at the time the petition or motion for
20    termination of parental rights is filed, prior to
21    incarceration the parent had little or no contact with the
22    child or provided little or no support for the child, and
23    the parent's incarceration will prevent the parent from
24    discharging his or her parental responsibilities for the
25    child for a period in excess of 2 years after the filing of
26    the petition or motion for termination of parental rights.

 

 

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1        (s) The child is in the temporary custody or
2    guardianship of the Department of Children and Family
3    Services, the parent is incarcerated at the time the
4    petition or motion for termination of parental rights is
5    filed, the parent has been repeatedly incarcerated as a
6    result of criminal convictions, and the parent's repeated
7    incarceration has prevented the parent from discharging
8    his or her parental responsibilities for the child.
9        (t) (Blank). A finding that at birth the child's
10    blood, urine, or meconium contained any amount of a
11    controlled substance as defined in subsection (f) of
12    Section 102 of the Illinois Controlled Substances Act, or
13    a metabolite of a controlled substance, with the exception
14    of controlled substances or metabolites of such
15    substances, the presence of which in the newborn infant
16    was the result of medical treatment administered to the
17    mother or the newborn infant, and that the biological
18    mother of this child is the biological mother of at least
19    one other child who was adjudicated a neglected minor
20    under subsection (c) of Section 2-3 of the Juvenile Court
21    Act of 1987, after which the biological mother had the
22    opportunity to enroll in and participate in a clinically
23    appropriate substance abuse counseling, treatment, and
24    rehabilitation program.
25    E. "Parent" means a person who is the legal mother or legal
26father of the child as defined in subsection X or Y of this

 

 

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1Section. For the purpose of this Act, a parent who has executed
2a consent to adoption, a surrender, or a waiver pursuant to
3Section 10 of this Act, who has signed a Denial of Paternity
4pursuant to Section 12 of the Vital Records Act or Section 12a
5of this Act, or whose parental rights have been terminated by a
6court, is not a parent of the child who was the subject of the
7consent, surrender, waiver, or denial unless (1) the consent
8is void pursuant to subsection O of Section 10 of this Act; or
9(2) the person executed a consent to adoption by a specified
10person or persons pursuant to subsection A-1 of Section 10 of
11this Act and a court of competent jurisdiction finds that the
12consent is void; or (3) the order terminating the parental
13rights of the person is vacated by a court of competent
14jurisdiction.
15    F. A person is available for adoption when the person is:
16        (a) a child who has been surrendered for adoption to
17    an agency and to whose adoption the agency has thereafter
18    consented;
19        (b) a child to whose adoption a person authorized by
20    law, other than his parents, has consented, or to whose
21    adoption no consent is required pursuant to Section 8 of
22    this Act;
23        (c) a child who is in the custody of persons who intend
24    to adopt him through placement made by his parents;
25        (c-1) a child for whom a parent has signed a specific
26    consent pursuant to subsection O of Section 10;

 

 

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1        (d) an adult who meets the conditions set forth in
2    Section 3 of this Act; or
3        (e) a child who has been relinquished as defined in
4    Section 10 of the Abandoned Newborn Infant Protection Act.
5    A person who would otherwise be available for adoption
6shall not be deemed unavailable for adoption solely by reason
7of his or her death.
8    G. The singular includes the plural and the plural
9includes the singular and the "male" includes the "female", as
10the context of this Act may require.
11    H. (Blank).
12    I. "Habitual residence" has the meaning ascribed to it in
13the federal Intercountry Adoption Act of 2000 and regulations
14promulgated thereunder.
15    J. "Immediate relatives" means the biological parents, the
16parents of the biological parents and siblings of the
17biological parents.
18    K. "Intercountry adoption" is a process by which a child
19from a country other than the United States is adopted by
20persons who are habitual residents of the United States, or
21the child is a habitual resident of the United States who is
22adopted by persons who are habitual residents of a country
23other than the United States.
24    L. (Blank).
25    M. "Interstate Compact on the Placement of Children" is a
26law enacted by all states and certain territories for the

 

 

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1purpose of establishing uniform procedures for handling the
2interstate placement of children in foster homes, adoptive
3homes, or other child care facilities.
4    N. (Blank).
5    O. "Preadoption requirements" means any conditions or
6standards established by the laws or administrative rules of
7this State that must be met by a prospective adoptive parent
8prior to the placement of a child in an adoptive home.
9    P. "Abused child" means a child whose parent or immediate
10family member, or any person responsible for the child's
11welfare, or any individual residing in the same home as the
12child, or a paramour of the child's parent:
13        (a) inflicts, causes to be inflicted, or allows to be
14    inflicted upon the child physical injury, by other than
15    accidental means, that causes death, disfigurement,
16    impairment of physical or emotional health, or loss or
17    impairment of any bodily function;
18        (b) creates a substantial risk of physical injury to
19    the child by other than accidental means which would be
20    likely to cause death, disfigurement, impairment of
21    physical or emotional health, or loss or impairment of any
22    bodily function;
23        (c) commits or allows to be committed any sex offense
24    against the child, as sex offenses are defined in the
25    Criminal Code of 2012 and extending those definitions of
26    sex offenses to include children under 18 years of age;

 

 

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1        (d) commits or allows to be committed an act or acts of
2    torture upon the child; or
3        (e) inflicts excessive corporal punishment.
4    Q. "Neglected child" means any child whose parent or other
5person responsible for the child's welfare withholds or denies
6nourishment or medically indicated treatment including food or
7care denied solely on the basis of the present or anticipated
8mental or physical impairment as determined by a physician
9acting alone or in consultation with other physicians or
10otherwise does not provide the proper or necessary support,
11education as required by law, or medical or other remedial
12care recognized under State law as necessary for a child's
13well-being, or other care necessary for his or her well-being,
14including adequate food, clothing and shelter; or who is
15abandoned by his or her parents or other person responsible
16for the child's welfare.
17    A child shall not be considered neglected or abused for
18the sole reason that the child's parent or other person
19responsible for his or her welfare depends upon spiritual
20means through prayer alone for the treatment or cure of
21disease or remedial care as provided under Section 4 of the
22Abused and Neglected Child Reporting Act. A child shall not be
23considered neglected or abused for the sole reason that the
24child's parent or other person responsible for the child's
25welfare failed to vaccinate, delayed vaccination, or refused
26vaccination for the child due to a waiver on religious or

 

 

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1medical grounds as permitted by law.
2    R. "Putative father" means a man who may be a child's
3father, but who (1) is not married to the child's mother on or
4before the date that the child was or is to be born and (2) has
5not established paternity of the child in a court proceeding
6before the filing of a petition for the adoption of the child.
7The term includes a male who is less than 18 years of age.
8"Putative father" does not mean a man who is the child's father
9as a result of criminal sexual abuse or assault as defined
10under Article 11 of the Criminal Code of 2012.
11    S. "Standby adoption" means an adoption in which a parent
12consents to custody and termination of parental rights to
13become effective upon the occurrence of a future event, which
14is either the death of the parent or the request of the parent
15for the entry of a final judgment of adoption.
16    T. (Blank).
17    T-5. "Biological parent", "birth parent", or "natural
18parent" of a child are interchangeable terms that mean a
19person who is biologically or genetically related to that
20child as a parent.
21    U. "Interstate adoption" means the placement of a minor
22child with a prospective adoptive parent for the purpose of
23pursuing an adoption for that child that is subject to the
24provisions of the Interstate Compact on the Placement of
25Children.
26    V. (Blank).

 

 

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1    W. (Blank).
2    X. "Legal father" of a child means a man who is recognized
3as or presumed to be that child's father:
4        (1) because of his marriage to or civil union with the
5    child's parent at the time of the child's birth or within
6    300 days prior to that child's birth, unless he signed a
7    denial of paternity pursuant to Section 12 of the Vital
8    Records Act or a waiver pursuant to Section 10 of this Act;
9    or
10        (2) because his paternity of the child has been
11    established pursuant to the Illinois Parentage Act, the
12    Illinois Parentage Act of 1984, or the Gestational
13    Surrogacy Act; or
14        (3) because he is listed as the child's father or
15    parent on the child's birth certificate, unless he is
16    otherwise determined by an administrative or judicial
17    proceeding not to be the parent of the child or unless he
18    rescinds his acknowledgment of paternity pursuant to the
19    Illinois Parentage Act of 1984; or
20        (4) because his paternity or adoption of the child has
21    been established by a court of competent jurisdiction.
22    The definition in this subsection X shall not be construed
23to provide greater or lesser rights as to the number of parents
24who can be named on a final judgment order of adoption or
25Illinois birth certificate that otherwise exist under Illinois
26law.

 

 

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1    Y. "Legal mother" of a child means a woman who is
2recognized as or presumed to be that child's mother:
3        (1) because she gave birth to the child except as
4    provided in the Gestational Surrogacy Act; or
5        (2) because her maternity of the child has been
6    established pursuant to the Illinois Parentage Act of 1984
7    or the Gestational Surrogacy Act; or
8        (3) because her maternity or adoption of the child has
9    been established by a court of competent jurisdiction; or
10        (4) because of her marriage to or civil union with the
11    child's other parent at the time of the child's birth or
12    within 300 days prior to the time of birth; or
13        (5) because she is listed as the child's mother or
14    parent on the child's birth certificate unless she is
15    otherwise determined by an administrative or judicial
16    proceeding not to be the parent of the child.
17    The definition in this subsection Y shall not be construed
18to provide greater or lesser rights as to the number of parents
19who can be named on a final judgment order of adoption or
20Illinois birth certificate that otherwise exist under Illinois
21law.
22    Z. "Department" means the Illinois Department of Children
23and Family Services.
24    AA. "Placement disruption" means a circumstance where the
25child is removed from an adoptive placement before the
26adoption is finalized.

 

 

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1    BB. "Secondary placement" means a placement, including but
2not limited to the placement of a youth in care as defined in
3Section 4d of the Children and Family Services Act, that
4occurs after a placement disruption or an adoption
5dissolution. "Secondary placement" does not mean secondary
6placements arising due to the death of the adoptive parent of
7the child.
8    CC. "Adoption dissolution" means a circumstance where the
9child is removed from an adoptive placement after the adoption
10is finalized.
11    DD. "Unregulated placement" means the secondary placement
12of a child that occurs without the oversight of the courts, the
13Department, or a licensed child welfare agency.
14    EE. "Post-placement and post-adoption support services"
15means support services for placed or adopted children and
16families that include, but are not limited to, mental health
17treatment, including counseling and other support services for
18emotional, behavioral, or developmental needs, and treatment
19for substance abuse.
20    FF. "Youth in care" has the meaning provided in Section 4d
21of the Children and Family Services Act.
22(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
23102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.".