HB2588 Engrossed LRB094 11111 LCB 41736 b

1     AN ACT concerning adoption.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Adoption Act is amended by changing Section
5 1 as follows:
 
6     (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7     Sec. 1. Definitions. When used in this Act, unless the
8 context otherwise requires:
9     A. "Child" means a person under legal age subject to
10 adoption under this Act.
11     B. "Related child" means a child subject to adoption where
12 either or both of the adopting parents stands in any of the
13 following relationships to the child by blood or marriage:
14 parent, grand-parent, brother, sister, step-parent,
15 step-grandparent, step-brother, step-sister, uncle, aunt,
16 great-uncle, great-aunt, or cousin of first degree. A child
17 whose parent has executed a final irrevocable consent to
18 adoption or a final irrevocable surrender for purposes of
19 adoption, or whose parent has had his or her parental rights
20 terminated, is not a related child to that person, unless the
21 consent is determined to be void or is void pursuant to
22 subsection O of Section 10.
23     C. "Agency" for the purpose of this Act means a public
24 child welfare agency or a licensed child welfare agency.
25     D. "Unfit person" means any person whom the court shall
26 find to be unfit to have a child, without regard to the
27 likelihood that the child will be placed for adoption. The
28 grounds of unfitness are any one or more of the following,
29 except that a person shall not be considered an unfit person
30 for the sole reason that the person has relinquished a child in
31 accordance with the Abandoned Newborn Infant Protection Act:
32         (a) Abandonment of the child.

 

 

HB2588 Engrossed - 2 - LRB094 11111 LCB 41736 b

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) Two or more findings of physical abuse to any
17     children under Section 4-8 of the Juvenile Court Act or
18     Section 2-21 of the Juvenile Court Act of 1987, the most
19     recent of which was determined by the juvenile court
20     hearing the matter to be supported by clear and convincing
21     evidence; a criminal conviction or a finding of not guilty
22     by reason of insanity resulting from the death of any child
23     by physical child abuse; or a finding of physical child
24     abuse resulting from the death of any child under Section
25     4-8 of the Juvenile Court Act or Section 2-21 of the
26     Juvenile Court Act of 1987.
27         (g) Failure to protect the child from conditions within
28     his environment injurious to the child's welfare.
29         (h) Other neglect of, or misconduct toward the child;
30     provided that in making a finding of unfitness the court
31     hearing the adoption proceeding shall not be bound by any
32     previous finding, order or judgment affecting or
33     determining the rights of the parents toward the child
34     sought to be adopted in any other proceeding except such
35     proceedings terminating parental rights as shall be had
36     under either this Act, the Juvenile Court Act or the

 

 

HB2588 Engrossed - 3 - LRB094 11111 LCB 41736 b

1     Juvenile Court Act of 1987.
2         (i) Depravity. Conviction of any one of the following
3     crimes shall create a presumption that a parent is depraved
4     which can be overcome only by clear and convincing
5     evidence: (1) first degree murder in violation of paragraph
6     1 or 2 of subsection (a) of Section 9-1 of the Criminal
7     Code of 1961 or conviction of second degree murder in
8     violation of subsection (a) of Section 9-2 of the Criminal
9     Code of 1961 of a parent of the child to be adopted; (2)
10     first degree murder or second degree murder of any child in
11     violation of the Criminal Code of 1961; (3) attempt or
12     conspiracy to commit first degree murder or second degree
13     murder of any child in violation of the Criminal Code of
14     1961; (4) solicitation to commit murder of any child,
15     solicitation to commit murder of any child for hire, or
16     solicitation to commit second degree murder of any child in
17     violation of the Criminal Code of 1961; or (5) aggravated
18     criminal sexual assault in violation of Section
19     12-14(b)(1) of the Criminal Code of 1961.
20         There is a rebuttable presumption that a parent is
21     depraved if the parent has been criminally convicted of at
22     least 3 forcible felonies as defined in Section 2-8 of the
23     Criminal Code of 1961 under the laws of this State or any
24     other state, or under federal law, or the criminal laws of
25     any United States territory; and at least one of these
26     convictions took place within 5 years of the filing of the
27     petition or motion seeking termination of parental rights.
28     In determining whether a parent is depraved, the court
29     shall consider the parent's criminal conviction record
30     including, but not limited to, the conviction of any felony
31     that cannot be classified as forcible.
32         There is a rebuttable presumption that a parent is
33     depraved if that parent has been criminally convicted of
34     either first or second degree murder of any person as
35     defined in the Criminal Code of 1961 within 10 years of the
36     filing date of the petition or motion to terminate parental

 

 

HB2588 Engrossed - 4 - LRB094 11111 LCB 41736 b

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

 

 

HB2588 Engrossed - 5 - LRB094 11111 LCB 41736 b

1     Section 2-4 of that Act. If a service plan has been
2     established as required under Section 8.2 of the Abused and
3     Neglected Child Reporting Act to correct the conditions
4     that were the basis for the removal of the child from the
5     parent and if those services were available, then, for
6     purposes of this Act, "failure to make reasonable progress
7     toward the return of the child to the parent" includes (I)
8     the parent's failure to substantially fulfill his or her
9     obligations under the service plan and correct the
10     conditions that brought the child into care within 9 months
11     after the adjudication under Section 2-3 or 2-4 of the
12     Juvenile Court Act of 1987 and (II) the parent's failure to
13     substantially fulfill his or her obligations under the
14     service plan and correct the conditions that brought the
15     child into care during any 9-month period after the end of
16     the initial 9-month period following the adjudication
17     under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
18     Notwithstanding any other provision, a petition or motion
19     seeking to terminate parental rights on the basis of this
20     subsection (m) shall specify the 9-month period relied upon
21     by the petitioner.
22         (m-1) Pursuant to the Juvenile Court Act of 1987, a
23     child has been in foster care for 15 months out of any 22
24     month period which begins on or after the effective date of
25     this amendatory Act of 1998 unless the child's parent can
26     prove by a preponderance of the evidence that it is more
27     likely than not that it will be in the best interests of
28     the child to be returned to the parent within 6 months of
29     the date on which a petition for termination of parental
30     rights is filed under the Juvenile Court Act of 1987. The
31     15 month time limit is tolled during any period for which
32     there is a court finding that the appointed custodian or
33     guardian failed to make reasonable efforts to reunify the
34     child with his or her family, provided that (i) the finding
35     of no reasonable efforts is made within 60 days of the
36     period when reasonable efforts were not made or (ii) the

 

 

HB2588 Engrossed - 6 - LRB094 11111 LCB 41736 b

1     parent filed a motion requesting a finding of no reasonable
2     efforts within 60 days of the period when reasonable
3     efforts were not made. For purposes of this subdivision
4     (m-1), the date of entering foster care is the earlier of:
5     (i) the date of a judicial finding at an adjudicatory
6     hearing that the child is an abused, neglected, or
7     dependent minor; or (ii) 60 days after the date on which
8     the child is removed from his or her parent, guardian, or
9     legal custodian.
10         (n) Evidence of intent to forgo his or her parental
11     rights, whether or not the child is a ward of the court,
12     (1) as manifested by his or her failure for a period of 12
13     months: (i) to visit the child, (ii) to communicate with
14     the child or agency, although able to do so and not
15     prevented from doing so by an agency or by court order, or
16     (iii) to maintain contact with or plan for the future of
17     the child, although physically able to do so, or (2) as
18     manifested by the father's failure, where he and the mother
19     of the child were unmarried to each other at the time of
20     the child's birth, (i) to commence legal proceedings to
21     establish his paternity under the Illinois Parentage Act of
22     1984 or the law of the jurisdiction of the child's birth
23     within 30 days of being informed, pursuant to Section 12a
24     of this Act, that he is the father or the likely father of
25     the child or, after being so informed where the child is
26     not yet born, within 30 days of the child's birth, or (ii)
27     to make a good faith effort to pay a reasonable amount of
28     the expenses related to the birth of the child and to
29     provide a reasonable amount for the financial support of
30     the child, the court to consider in its determination all
31     relevant circumstances, including the financial condition
32     of both parents; provided that the ground for termination
33     provided in this subparagraph (n)(2)(ii) shall only be
34     available where the petition is brought by the mother or
35     the husband of the mother.
36         Contact or communication by a parent with his or her

 

 

HB2588 Engrossed - 7 - LRB094 11111 LCB 41736 b

1     child that does not demonstrate affection and concern does
2     not constitute reasonable contact and planning under
3     subdivision (n). In the absence of evidence to the
4     contrary, the ability to visit, communicate, maintain
5     contact, pay expenses and plan for the future shall be
6     presumed. The subjective intent of the parent, whether
7     expressed or otherwise, unsupported by evidence of the
8     foregoing parental acts manifesting that intent, shall not
9     preclude a determination that the parent has intended to
10     forgo his or her parental rights. In making this
11     determination, the court may consider but shall not require
12     a showing of diligent efforts by an authorized agency to
13     encourage the parent to perform the acts specified in
14     subdivision (n).
15         It shall be an affirmative defense to any allegation
16     under paragraph (2) of this subsection that the father's
17     failure was due to circumstances beyond his control or to
18     impediments created by the mother or any other person
19     having legal custody. Proof of that fact need only be by a
20     preponderance of the evidence.
21         (o) Repeated or continuous failure by the parents,
22     although physically and financially able, to provide the
23     child with adequate food, clothing, or shelter.
24         (p) Inability to discharge parental responsibilities
25     supported by competent evidence from a psychiatrist,
26     licensed clinical social worker, or clinical psychologist
27     of mental impairment, mental illness or mental retardation
28     as defined in Section 1-116 of the Mental Health and
29     Developmental Disabilities Code, or developmental
30     disability as defined in Section 1-106 of that Code, and
31     there is sufficient justification to believe that the
32     inability to discharge parental responsibilities shall
33     extend beyond a reasonable time period. However, this
34     subdivision (p) shall not be construed so as to permit a
35     licensed clinical social worker to conduct any medical
36     diagnosis to determine mental illness or mental

 

 

HB2588 Engrossed - 8 - LRB094 11111 LCB 41736 b

1     impairment.
2         (q) The parent has been criminally convicted of
3     aggravated battery, heinous battery, or attempted murder
4     of any child.
5         (r) The child is in the temporary custody or
6     guardianship of the Department of Children and Family
7     Services, the parent is incarcerated as a result of
8     criminal conviction at the time the petition or motion for
9     termination of parental rights is filed, prior to
10     incarceration the parent had little or no contact with the
11     child or provided little or no support for the child, and
12     the parent's incarceration will prevent the parent from
13     discharging his or her parental responsibilities for the
14     child for a period in excess of 2 years after the filing of
15     the petition or motion for termination of parental rights.
16         (s) The child is in the temporary custody or
17     guardianship of the Department of Children and Family
18     Services, the parent is incarcerated at the time the
19     petition or motion for termination of parental rights is
20     filed, the parent has been repeatedly incarcerated as a
21     result of criminal convictions, and the parent's repeated
22     incarceration has prevented the parent from discharging
23     his or her parental responsibilities for the child.
24         (t) A finding that at birth the child's blood, urine,
25     or meconium contained any amount of a controlled substance
26     as defined in subsection (f) of Section 102 of the Illinois
27     Controlled Substances Act, or a metabolite of a controlled
28     substance, with the exception of controlled substances or
29     metabolites of such substances, the presence of which in
30     the newborn infant was the result of medical treatment
31     administered to the mother or the newborn infant, and that
32     the biological mother of this child is the biological
33     mother of at least one other child who was adjudicated a
34     neglected minor under subsection (c) of Section 2-3 of the
35     Juvenile Court Act of 1987, after which the biological
36     mother had the opportunity to enroll in and participate in

 

 

HB2588 Engrossed - 9 - LRB094 11111 LCB 41736 b

1     a clinically appropriate substance abuse counseling,
2     treatment, and rehabilitation program.
3     E. "Parent" means the father or mother of a legitimate or
4 illegitimate child. For the purpose of this Act, a person who
5 has executed a final and irrevocable consent to adoption or a
6 final and irrevocable surrender for purposes of adoption, or
7 whose parental rights have been terminated by a court, is not a
8 parent of the child who was the subject of the consent or
9 surrender, unless the consent is void pursuant to subsection O
10 of Section 10.
11     F. A person is available for adoption when the person is:
12         (a) a child who has been surrendered for adoption to an
13     agency and to whose adoption the agency has thereafter
14     consented;
15         (b) a child to whose adoption a person authorized by
16     law, other than his parents, has consented, or to whose
17     adoption no consent is required pursuant to Section 8 of
18     this Act;
19         (c) a child who is in the custody of persons who intend
20     to adopt him through placement made by his parents;
21         (c-1) a child for whom a parent has signed a specific
22     consent pursuant to subsection O of Section 10;
23         (d) an adult who meets the conditions set forth in
24     Section 3 of this Act; or
25         (e) a child who has been relinquished as defined in
26     Section 10 of the Abandoned Newborn Infant Protection Act.
27     A person who would otherwise be available for adoption
28 shall not be deemed unavailable for adoption solely by reason
29 of his or her death.
30     G. The singular includes the plural and the plural includes
31 the singular and the "male" includes the "female", as the
32 context of this Act may require.
33     H. "Adoption disruption" occurs when an adoptive placement
34 does not prove successful and it becomes necessary for the
35 child to be removed from placement before the adoption is
36 finalized.

 

 

HB2588 Engrossed - 10 - LRB094 11111 LCB 41736 b

1     I. "Foreign placing agency" is an agency or individual
2 operating in a country or territory outside the United States
3 that is authorized by its country to place children for
4 adoption either directly with families in the United States or
5 through United States based international agencies.
6     J. "Immediate relatives" means the biological parents, the
7 parents of the biological parents and siblings of the
8 biological parents.
9     K. "Intercountry adoption" is a process by which a child
10 from a country other than the United States is adopted.
11     L. "Intercountry Adoption Coordinator" is a staff person of
12 the Department of Children and Family Services appointed by the
13 Director to coordinate the provision of services by the public
14 and private sector to prospective parents of foreign-born
15 children.
16     M. "Interstate Compact on the Placement of Children" is a
17 law enacted by most states for the purpose of establishing
18 uniform procedures for handling the interstate placement of
19 children in foster homes, adoptive homes, or other child care
20 facilities.
21     N. "Non-Compact state" means a state that has not enacted
22 the Interstate Compact on the Placement of Children.
23     O. "Preadoption requirements" are any conditions
24 established by the laws or regulations of the Federal
25 Government or of each state that must be met prior to the
26 placement of a child in an adoptive home.
27     P. "Abused child" means a child whose parent or immediate
28 family member, or any person responsible for the child's
29 welfare, or any individual residing in the same home as the
30 child, or a paramour of the child's parent:
31         (a) inflicts, causes to be inflicted, or allows to be
32     inflicted upon the child physical injury, by other than
33     accidental means, that causes death, disfigurement,
34     impairment of physical or emotional health, or loss or
35     impairment of any bodily function;
36         (b) creates a substantial risk of physical injury to

 

 

HB2588 Engrossed - 11 - LRB094 11111 LCB 41736 b

1     the child by other than accidental means which would be
2     likely to cause death, disfigurement, impairment of
3     physical or emotional health, or loss or impairment of any
4     bodily function;
5         (c) commits or allows to be committed any sex offense
6     against the child, as sex offenses are defined in the
7     Criminal Code of 1961 and extending those definitions of
8     sex offenses to include children under 18 years of age;
9         (d) commits or allows to be committed an act or acts of
10     torture upon the child; or
11         (e) inflicts excessive corporal punishment.
12     Q. "Neglected child" means any child whose parent or other
13 person responsible for the child's welfare withholds or denies
14 nourishment or medically indicated treatment including food or
15 care denied solely on the basis of the present or anticipated
16 mental or physical impairment as determined by a physician
17 acting alone or in consultation with other physicians or
18 otherwise does not provide the proper or necessary support,
19 education as required by law, or medical or other remedial care
20 recognized under State law as necessary for a child's
21 well-being, or other care necessary for his or her well-being,
22 including adequate food, clothing and shelter; or who is
23 abandoned by his or her parents or other person responsible for
24 the child's welfare.
25     A child shall not be considered neglected or abused for the
26 sole reason that the child's parent or other person responsible
27 for his or her welfare depends upon spiritual means through
28 prayer alone for the treatment or cure of disease or remedial
29 care as provided under Section 4 of the Abused and Neglected
30 Child Reporting Act. A child shall not be considered neglected
31 or abused for the sole reason that the child's parent or other
32 person responsible for the child's welfare failed to vaccinate,
33 delayed vaccination, or refused vaccination for the child due
34 to a waiver on religious or medical grounds as permitted by
35 law.
36     R. "Putative father" means a man who may be a child's

 

 

HB2588 Engrossed - 12 - LRB094 11111 LCB 41736 b

1 father, but who (1) is not married to the child's mother on or
2 before the date that the child was or is to be born and (2) has
3 not established paternity of the child in a court proceeding
4 before the filing of a petition for the adoption of the child.
5 The term includes a male who is less than 18 years of age.
6 "Putative father" does not mean a man who is the child's father
7 as a result of criminal sexual abuse or assault as defined
8 under Article 12 of the Criminal Code of 1961.
9     S. "Standby adoption" means an adoption in which a parent
10 consents to custody and termination of parental rights to
11 become effective upon the occurrence of a future event, which
12 is either the death of the parent or the request of the parent
13 for the entry of a final judgment of adoption.
14     T. (Blank).
15 (Source: P.A. 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; 92-408,
16 eff. 8-17-01; 92-432, eff. 8-17-01; 92-651, eff. 7-11-02;
17 93-732, eff. 1-1-05.)