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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 1-104.2 and 15-129 as follows:
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6 | (40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
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7 | Sec. 1-104.2. Beginning January 1, 1986, children not | ||||||
8 | conceived in
lawful wedlock shall be entitled to the same | ||||||
9 | benefits as other children,
and no child's or survivor's | ||||||
10 | benefit shall be disallowed because of the fact that
| ||||||
11 | illegitimacy of the child was born out of wedlock ; however, in | ||||||
12 | cases where the father is the
employee
parent, paternity must | ||||||
13 | first be established. Paternity may be
established by any one | ||||||
14 | of the following means: (1) acknowledgment by the
father, or | ||||||
15 | (2) adjudication before or after the death of the father, or | ||||||
16 | (3)
any other means acceptable to the board of trustees of the | ||||||
17 | pension fund or
retirement system.
| ||||||
18 | (Source: P.A. 84-1028.)
| ||||||
19 | (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
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20 | Sec. 15-129. Child.
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21 | "Child": The child of a participant or an annuitant, | ||||||
22 | including a child born out of wedlock
an
illegitimate child , a | ||||||
23 | stepchild who has been such for not less than 1 year
| ||||||
24 | immediately preceding the death of the participant or | ||||||
25 | annuitant, and an
adopted child, if the proceedings for | ||||||
26 | adoption were initiated at least 1
year before the death or | ||||||
27 | retirement of the participant or annuitant.
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28 | (Source: P.A. 78-474.)
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29 | Section 10. The Crime Victims Compensation Act is amended | ||||||
30 | by changing Section 2 as follows:
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1 | (740 ILCS 45/2) (from Ch. 70, par. 72)
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2 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
3 | context
otherwise requires:
| ||||||
4 | (a) "Applicant" means any person who applies for | ||||||
5 | compensation under this
Act or any person the Court of Claims | ||||||
6 | finds is entitled to compensation,
including the guardian of a | ||||||
7 | minor or of a person under legal disability. It
includes any | ||||||
8 | person who was a dependent of a deceased victim of a crime of
| ||||||
9 | violence for his or her support at the time of the death of | ||||||
10 | that victim.
| ||||||
11 | (b) "Court of Claims" means the Court of Claims created by | ||||||
12 | the Court
of Claims Act.
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13 | (c) "Crime of violence" means and includes any offense | ||||||
14 | defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | ||||||
15 | 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | ||||||
16 | 12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, | ||||||
17 | 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of | ||||||
18 | 1961, and driving under
the influence of intoxicating liquor or | ||||||
19 | narcotic drugs as defined in Section
11-501 of the Illinois | ||||||
20 | Vehicle Code, if none of the said offenses
occurred
during a | ||||||
21 | civil riot, insurrection or rebellion. "Crime of violence" does | ||||||
22 | not
include any other offense or accident involving a motor | ||||||
23 | vehicle except those
vehicle offenses specifically provided | ||||||
24 | for in this paragraph. "Crime of
violence" does include all of | ||||||
25 | the offenses specifically provided for in this
paragraph that | ||||||
26 | occur within this State but are subject to federal jurisdiction
| ||||||
27 | and crimes involving terrorism as defined in 18 U.S.C. 2331.
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28 | (d) "Victim" means (1) a person killed or injured in this | ||||||
29 | State as a
result of a crime of violence perpetrated or | ||||||
30 | attempted against him or her,
(2) the
parent of a child killed | ||||||
31 | or injured in this State as a result of a crime of
violence | ||||||
32 | perpetrated or attempted against the child, (3) a person killed
| ||||||
33 | or injured in this State while attempting to assist a person | ||||||
34 | against whom a
crime of violence is being perpetrated or | ||||||
35 | attempted, if that attempt of
assistance would be expected of a |
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| |||||||
1 | reasonable man under the circumstances,
(4) a person killed or | ||||||
2 | injured in this State while assisting a law
enforcement | ||||||
3 | official apprehend a person who has perpetrated a crime of
| ||||||
4 | violence or prevent the perpetration of any such crime if that
| ||||||
5 | assistance was in response to the express request of the law | ||||||
6 | enforcement
official, (5) a person who personally
witnessed a | ||||||
7 | violent crime, (5.1) solely
for the purpose of compensating for | ||||||
8 | pecuniary loss incurred for
psychological treatment of a mental | ||||||
9 | or emotional condition caused or aggravated
by the crime, any | ||||||
10 | other person under the age of 18 who is the brother, sister,
| ||||||
11 | half brother, half sister, child, or stepchild
of a person | ||||||
12 | killed or injured in
this State as a
result of a crime of | ||||||
13 | violence, or (6) an Illinois resident
who is a victim of a | ||||||
14 | "crime of violence" as defined in this Act except, if
the crime | ||||||
15 | occurred outside this State, the resident has the same rights
| ||||||
16 | under this Act as if the crime had occurred in this State upon | ||||||
17 | a showing
that the state, territory, country, or political | ||||||
18 | subdivision of a country
in which the crime occurred does not | ||||||
19 | have a compensation of victims of
crimes law for which that | ||||||
20 | Illinois resident is eligible.
| ||||||
21 | (e) "Dependent" means a relative of a deceased victim who | ||||||
22 | was wholly or
partially dependent upon the victim's income at | ||||||
23 | the time of his or her
death
and shall include the child of a | ||||||
24 | victim born after his or her death.
| ||||||
25 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
26 | stepfather, stepmother,
child, grandchild, brother, | ||||||
27 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
28 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
29 | (g) "Child" means an unmarried son or daughter who is under | ||||||
30 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
31 | child born out of wedlock
an illegitimate child .
| ||||||
32 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
33 | appropriate medical
expenses and hospital expenses including | ||||||
34 | expenses of medical
examinations, rehabilitation, medically | ||||||
35 | required
nursing care expenses, appropriate
psychiatric care | ||||||
36 | or psychiatric counseling expenses, expenses for care or
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1 | counseling by a licensed clinical psychologist or licensed | ||||||
2 | clinical social
worker and expenses for treatment by Christian | ||||||
3 | Science practitioners and
nursing care appropriate thereto; | ||||||
4 | prosthetic appliances, eyeglasses, and
hearing aids necessary | ||||||
5 | or damaged as a result of the
crime; replacement costs for | ||||||
6 | clothing and bedding used as evidence; costs
associated with | ||||||
7 | temporary lodging or relocation necessary as a
result of the | ||||||
8 | crime;
locks or windows necessary or damaged as a result of the | ||||||
9 | crime; the purchase,
lease, or rental of equipment necessary to | ||||||
10 | create usability of and
accessibility to the victim's real and | ||||||
11 | personal property, or the real and
personal property which is | ||||||
12 | used by the victim, necessary as a result of the
crime; the | ||||||
13 | costs of appropriate crime scene clean-up;
replacement
| ||||||
14 | services loss, to a maximum of $1000 per month;
dependents | ||||||
15 | replacement
services loss, to a maximum of $1000 per month; | ||||||
16 | loss of tuition paid to
attend grammar school or high school | ||||||
17 | when the victim had been enrolled as a
full-time student prior | ||||||
18 | to the injury, or college or graduate school when
the victim | ||||||
19 | had been enrolled as a full-time day or night student prior to
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20 | the injury when the victim becomes unable to continue | ||||||
21 | attendance at school
as a result of the crime of violence | ||||||
22 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
23 | future earnings because of disability resulting from the
| ||||||
24 | injury, and, in addition, in the case of death, expenses for | ||||||
25 | funeral, burial, and travel and transport for survivors
of | ||||||
26 | homicide victims to secure bodies of deceased victims and to | ||||||
27 | transport
bodies for burial all of which
may not exceed a | ||||||
28 | maximum of $5,000 and loss of support of the dependents of
the | ||||||
29 | victim.
Loss of future earnings shall be reduced by any income | ||||||
30 | from substitute work
actually performed by the victim or by | ||||||
31 | income he or she would have earned
in
available appropriate | ||||||
32 | substitute work he or she was capable of performing
but
| ||||||
33 | unreasonably failed to undertake. Loss of earnings, loss of | ||||||
34 | future
earnings and loss of support shall be determined on the | ||||||
35 | basis of the
victim's average net monthly earnings for the 6 | ||||||
36 | months immediately
preceding the date of the injury or on $1000 |
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1 | per month, whichever is less.
If a divorced or legally | ||||||
2 | separated applicant is claiming loss of support
for a minor | ||||||
3 | child of the deceased, the amount of support for each child
| ||||||
4 | shall be based either on the amount of support
pursuant to the | ||||||
5 | judgment prior to the date of the deceased
victim's injury or | ||||||
6 | death, or, if the subject of pending litigation filed by
or on | ||||||
7 | behalf of the divorced or legally separated applicant prior to | ||||||
8 | the
injury or death, on the result of that litigation. Real and | ||||||
9 | personal
property includes, but is not limited to, vehicles, | ||||||
10 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
11 | loss does not
include pain and suffering or property loss or | ||||||
12 | damage.
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13 | (i) "Replacement services loss" means expenses reasonably | ||||||
14 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
15 | of those the permanently
injured person would have performed, | ||||||
16 | not for income, but for the benefit
of himself or herself or | ||||||
17 | his or her family, if he or she had not
been permanently | ||||||
18 | injured.
| ||||||
19 | (j) "Dependents replacement services loss" means loss | ||||||
20 | reasonably incurred
by dependents after a victim's death in | ||||||
21 | obtaining ordinary and necessary
services in lieu of those the | ||||||
22 | victim would have performed, not for income,
but for their | ||||||
23 | benefit, if he or she had not been fatally injured.
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24 | (k) "Survivor" means immediate family including a parent, | ||||||
25 | step-father,
step-mother, child,
brother, sister, or spouse.
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26 | (Source: P.A. 91-258, eff. 1-1-00; 91-445, eff. 1-1-00;
91-892, | ||||||
27 | eff. 7-6-00; 92-427, eff. 1-1-02.)
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28 | Section 15. The Illinois Marriage and Dissolution of | ||||||
29 | Marriage Act is amended by changing Sections 205, 212, 303, and | ||||||
30 | 607 as follows:
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31 | (750 ILCS 5/205) (from Ch. 40, par. 205)
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32 | Sec. 205. Exceptions.
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33 | (1) Irrespective of the results of
laboratory tests and | ||||||
34 | clinical examination relative to sexually transmitted
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1 | diseases, the clerks of the respective counties shall issue a
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2 | marriage license to parties to a proposed marriage (a) when a
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3 | woman is pregnant at the time of such application, or (b) when
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4 | a woman has, prior to the time of application, given birth to a | ||||||
5 | child born out of wedlock
an illegitimate child which is living | ||||||
6 | at the time of such application
and the man making such | ||||||
7 | application makes affidavit that he is the
father of such child | ||||||
8 | born out of wedlock
illegitimate child . The county clerk shall, | ||||||
9 | in lieu
of the health certificate required hereunder, accept, | ||||||
10 | as the case
may be, either an affidavit on a form prescribed by | ||||||
11 | the State
Department of Public Health, signed by a physician | ||||||
12 | duly licensed
in this State, stating that the woman is | ||||||
13 | pregnant, or a copy of
the birth record of the child born out | ||||||
14 | of wedlock
illegitimate child , if one is available
in this | ||||||
15 | State, or if such birth record is not available, an affidavit
| ||||||
16 | signed by the woman that she is the mother of such child.
| ||||||
17 | (2) Any judge of the circuit court within the county in | ||||||
18 | which the
license is to be issued is authorized and empowered | ||||||
19 | on joint
application by both applicants for a marriage license | ||||||
20 | to waive
the requirements as to medical examination, laboratory | ||||||
21 | tests, and
certificates, except the requirements of paragraph | ||||||
22 | (4) of subsection (a)
of Section 212 of this Act which shall | ||||||
23 | not be waived; and to authorize
the county clerk to issue the | ||||||
24 | license
if all other requirements of law have been complied | ||||||
25 | with and the judge
is satisfied, by affidavit, or other proof, | ||||||
26 | that the examination or
tests are contrary to the tenets or | ||||||
27 | practices of the religious creed
of which the applicant is an | ||||||
28 | adherent, and that the public health and welfare
will not be | ||||||
29 | injuriously affected thereby.
| ||||||
30 | (Source: P.A. 89-187, eff. 7-19-95.)
| ||||||
31 | (750 ILCS 5/212) (from Ch. 40, par. 212)
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32 | Sec. 212. Prohibited Marriages.
| ||||||
33 | (a) The following marriages are prohibited:
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34 | (1) a marriage entered into prior to the dissolution of | ||||||
35 | an
earlier marriage of one of the parties;
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1 | (2) a marriage between an ancestor and a descendant or | ||||||
2 | between
a brother and a sister, whether the relationship is | ||||||
3 | by the half
or the whole blood or by adoption;
| ||||||
4 | (3) a marriage between an uncle and a niece or between | ||||||
5 | an aunt
and a nephew, whether the relationship is by the | ||||||
6 | half or the whole
blood;
| ||||||
7 | (4) a marriage between cousins of the first degree; | ||||||
8 | however, a marriage
between first cousins is not prohibited | ||||||
9 | if:
| ||||||
10 | (i) both parties are 50 years of age or older; or
| ||||||
11 | (ii) either party, at the time of application for a | ||||||
12 | marriage license,
presents for filing with the county | ||||||
13 | clerk of the county in which the
marriage is to be | ||||||
14 | solemnized, a
certificate signed by a licensed | ||||||
15 | physician stating that the party to the
proposed | ||||||
16 | marriage is permanently and irreversibly sterile;
| ||||||
17 | (5) a marriage between 2 individuals of the same sex.
| ||||||
18 | (b) Parties to a marriage prohibited under subsection (a) | ||||||
19 | of
this Section who cohabit after removal of the impediment are
| ||||||
20 | lawfully married as of the date of the removal of the | ||||||
21 | impediment.
| ||||||
22 | (c) Children born or adopted of a prohibited or common law | ||||||
23 | marriage
are the lawful children of the parties
legitimate .
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24 | (Source: P.A. 89-459, eff. 5-24-96.)
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25 | (750 ILCS 5/303) (from Ch. 40, par. 303)
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26 | Sec. 303. Legitimacy of Children.) Children born or adopted
| ||||||
27 | of a marriage declared invalid are the lawful children of the | ||||||
28 | parties
legitimate . Children whose
parents marry after their | ||||||
29 | birth are the lawful children of the parties
legitimate .
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30 | (Source: P.A. 82-566.)
| ||||||
31 | (750 ILCS 5/607) (from Ch. 40, par. 607)
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32 | Sec. 607. Visitation.
| ||||||
33 | (a) A parent not granted custody of the child
is entitled | ||||||
34 | to reasonable visitation rights unless the court finds,
after a |
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1 | hearing, that visitation would endanger seriously the child's
| ||||||
2 | physical, mental, moral or emotional health. If the custodian's | ||||||
3 | street
address is not identified, pursuant to Section 708, the | ||||||
4 | court shall require
the parties to identify reasonable | ||||||
5 | alternative arrangements for visitation
by a non-custodial | ||||||
6 | parent, including but not limited to visitation of the
minor | ||||||
7 | child at the residence of another person or at a local public | ||||||
8 | or
private facility.
| ||||||
9 | (a-3) Nothing in subsection (a-5) of this Section shall | ||||||
10 | apply to a child in whose interests a petition under Section | ||||||
11 | 2-13 of the Juvenile Court Act of 1987 is pending. | ||||||
12 | (a-5)(1) Except as otherwise provided in this subsection | ||||||
13 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
14 | a
petition for
visitation rights to a minor child if there is | ||||||
15 | an unreasonable denial of visitation by a parent and at least | ||||||
16 | one
of the
following conditions exists: | ||||||
17 | (A) one parent of the child is incompetent as a matter | ||||||
18 | of law or deceased or has been sentenced to a period of | ||||||
19 | imprisonment for more than 1 year; | ||||||
20 | (B) the child's mother and father are divorced or have | ||||||
21 | been legally separated from
each other during the 3 month | ||||||
22 | period prior to the filing of the petition and at least one | ||||||
23 | parent does not object to the grandparent, | ||||||
24 | great-grandparent, or sibling having visitation with the | ||||||
25 | child. The visitation of the grandparent, | ||||||
26 | great-grandparent, or sibling must not diminish the | ||||||
27 | visitation of the parent who is not related to the | ||||||
28 | grandparent, great-grandparent, or sibling seeking | ||||||
29 | visitation; | ||||||
30 | (C) the court, other than a Juvenile Court, has | ||||||
31 | terminated a parent-child relationship and the | ||||||
32 | grandparent, great-grandparent, or sibling is the parent | ||||||
33 | of the person whose parental rights have been terminated, | ||||||
34 | except in cases of adoption. The visitation must not be | ||||||
35 | used to allow the parent who lost parental rights to | ||||||
36 | unlawfully visit with the child; |
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| |||||||
1 | (D) the child is born out of wedlock
illegitimate , the | ||||||
2 | parents are not living together, and the petitioner is a | ||||||
3 | maternal grandparent, great-grandparent, or sibling of the | ||||||
4 | child born out of wedlock
illegitimate child ; or | ||||||
5 | (E) the child is born out of wedlock
illegitimate , the | ||||||
6 | parents are not living together, the petitioner is a | ||||||
7 | paternal grandparent, great-grandparent, or sibling, and | ||||||
8 | the paternity has been established by a court of competent | ||||||
9 | jurisdiction. | ||||||
10 | (2) The grandparent, great-grandparent, or sibling of a | ||||||
11 | parent whose parental rights have been terminated through an | ||||||
12 | adoption proceeding may not petition for visitation rights.
| ||||||
13 | (3) In making a determination under this subsection (a-5), | ||||||
14 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
15 | and decisions regarding grandparent,
great-grandparent, or | ||||||
16 | sibling visitation are not harmful to the child's mental, | ||||||
17 | physical, or emotional health. The
burden is on the
party | ||||||
18 | filing a petition under this Section to prove that the
parent's | ||||||
19 | actions and
decisions regarding visitation times are harmful to | ||||||
20 | the child's mental, physical, or emotional health. | ||||||
21 | (4) In determining whether to grant visitation, the court | ||||||
22 | shall consider the following:
| ||||||
23 | (A) the preference of the child if the child is | ||||||
24 | determined to be of sufficient maturity to express a | ||||||
25 | preference; | ||||||
26 | (B) the mental and physical health of the child; | ||||||
27 | (C) the mental and physical health of the grandparent, | ||||||
28 | great-grandparent, or sibling; | ||||||
29 | (D) the length and quality of the prior relationship | ||||||
30 | between the child and the grandparent, great-grandparent, | ||||||
31 | or sibling;
| ||||||
32 | (E) the good faith of the party in filing the petition;
| ||||||
33 | (F) the good faith of the person denying visitation; | ||||||
34 | (G) the quantity of the visitation time requested and | ||||||
35 | the potential adverse impact that visitation would have on | ||||||
36 | the child's customary activities; |
| |||||||
| |||||||
1 | (H) whether the child resided with the petitioner for | ||||||
2 | at least 6 consecutive months with or without the current | ||||||
3 | custodian present; | ||||||
4 | (I) whether the petitioner had frequent or regular | ||||||
5 | contact with the child for at least 12 consecutive months; | ||||||
6 | and
| ||||||
7 | (J) any other fact that establishes that the loss of | ||||||
8 | the relationship between the petitioner and the child is | ||||||
9 | likely to harm the child's mental, physical, or emotional | ||||||
10 | health. | ||||||
11 | (5) The court may order visitation rights for the | ||||||
12 | grandparent, great-grandparent, or sibling that include | ||||||
13 | reasonable access without requiring overnight or possessory | ||||||
14 | visitation.
| ||||||
15 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
16 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
17 | order may be made earlier than 2 years after the date the order | ||||||
18 | was filed, unless the court permits it to be made on the basis | ||||||
19 | of affidavits that there is reason to believe the child's | ||||||
20 | present environment may endanger seriously the child's mental, | ||||||
21 | physical, or emotional health. | ||||||
22 | (2) The court shall not modify a prior grandparent, | ||||||
23 | great-grandparent, or sibling visitation order unless it finds | ||||||
24 | by clear and convincing evidence, upon the basis of facts that | ||||||
25 | have arisen since the prior visitation order or that were | ||||||
26 | unknown to the court at the time of entry of the prior | ||||||
27 | visitation, that a change has occurred in the circumstances of | ||||||
28 | the child or his or her custodian, and that the modification is | ||||||
29 | necessary to protect the mental, physical, or emotional health | ||||||
30 | of the child. The court shall state in its decision specific | ||||||
31 | findings of fact in support of its modification or termination | ||||||
32 | of the grandparent, great-grandparent, or sibling visitation. | ||||||
33 | (3) Attorney fees and costs shall be assessed against a | ||||||
34 | party seeking modification of the visitation order if the court | ||||||
35 | finds that the modification action is vexatious and constitutes | ||||||
36 | harassment. |
| |||||||
| |||||||
1 | (4) Notice under this subsection (a-7) shall be given as | ||||||
2 | provided in subsections (c) and (d) of Section 601.
| ||||||
3 | (b) (1) (Blank.)
| ||||||
4 | (1.5) The Court may grant reasonable visitation privileges | ||||||
5 | to a stepparent
upon petition to the court by the stepparent, | ||||||
6 | with notice to the parties
required to be notified under | ||||||
7 | Section 601 of this Act, if the court determines
that it is in | ||||||
8 | the best interests and welfare of the child, and may issue any
| ||||||
9 | necessary orders to enforce those visitation privileges.
A | ||||||
10 | petition for visitation privileges may be filed under this | ||||||
11 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
12 | has been previously filed or is
currently pending if the | ||||||
13 | following
circumstances are met:
| ||||||
14 | (A) the child is at least 12 years old;
| ||||||
15 | (B) the child resided continuously with the parent and | ||||||
16 | stepparent for at
least 5 years;
| ||||||
17 | (C) the parent is deceased or is disabled and is unable | ||||||
18 | to care for the
child;
| ||||||
19 | (D) the child wishes to have reasonable visitation with | ||||||
20 | the stepparent;
and
| ||||||
21 | (E) the stepparent was providing for the care, control, | ||||||
22 | and welfare to the
child prior to the initiation of the | ||||||
23 | petition for visitation.
| ||||||
24 | (2)(A) A petition for visitation privileges shall not be | ||||||
25 | filed pursuant
to this subsection (b) by the parents or | ||||||
26 | grandparents of a putative father
if the paternity of the | ||||||
27 | putative father has not been legally established.
| ||||||
28 | (B) A petition for visitation privileges may not be filed | ||||||
29 | under
this subsection (b) if the child who is the subject of | ||||||
30 | the
grandparents' or great-grandparents' petition has been | ||||||
31 | voluntarily
surrendered by the parent or parents, except for a | ||||||
32 | surrender to the
Illinois Department of Children and Family | ||||||
33 | Services or a foster care
facility, or has been previously | ||||||
34 | adopted by an individual or individuals
who are not related to | ||||||
35 | the biological parents of the child or is the
subject of a | ||||||
36 | pending adoption petition by an individual or individuals who
|
| |||||||
| |||||||
1 | are not related to the biological parents of the child.
| ||||||
2 | (3) (Blank).
| ||||||
3 | (c) The court may modify an order granting or denying | ||||||
4 | visitation
rights of a parent whenever modification would serve | ||||||
5 | the best interest of
the child;
but the court shall not | ||||||
6 | restrict a parent's visitation rights unless it
finds that the | ||||||
7 | visitation would endanger seriously the child's physical,
| ||||||
8 | mental, moral or emotional health.
The court may modify an | ||||||
9 | order granting, denying, or limiting visitation
rights of a | ||||||
10 | grandparent, great-grandparent, or sibling of any minor child
| ||||||
11 | whenever a change of circumstances has occurred based on facts | ||||||
12 | occurring
subsequent to the judgment and the court finds by | ||||||
13 | clear and convincing evidence
that the modification is in the | ||||||
14 | best interest of the minor child.
| ||||||
15 | (d) If any court has entered an order prohibiting a | ||||||
16 | non-custodial parent
of a child from any contact with a child
| ||||||
17 | or restricting the non-custodial parent's contact with the | ||||||
18 | child, the
following provisions shall apply:
| ||||||
19 | (1) If an order has been entered granting visitation | ||||||
20 | privileges with the
child to a grandparent or | ||||||
21 | great-grandparent who is related to the child through
the | ||||||
22 | non-custodial parent, the visitation privileges of the | ||||||
23 | grandparent or
great-grandparent may be revoked if:
| ||||||
24 | (i) a court has entered an order prohibiting the | ||||||
25 | non-custodial parent
from any contact with the child, | ||||||
26 | and the grandparent or great-grandparent is
found to | ||||||
27 | have used his or her visitation privileges to | ||||||
28 | facilitate contact
between the child and the | ||||||
29 | non-custodial parent; or
| ||||||
30 | (ii) a court has entered an order restricting the | ||||||
31 | non-custodial parent's
contact with the child, and the | ||||||
32 | grandparent or great-grandparent is found to
have used | ||||||
33 | his or her visitation privileges to facilitate contact
| ||||||
34 | between the child and the non-custodial parent in a | ||||||
35 | manner that violates the
terms of the order restricting | ||||||
36 | the non-custodial parent's contact with the
child.
|
| |||||||
| |||||||
1 | Nothing in this subdivision (1) limits the authority of | ||||||
2 | the court to
enforce its orders in any manner permitted by | ||||||
3 | law.
| ||||||
4 | (2) Any order granting visitation privileges with the | ||||||
5 | child to a
grandparent or great-grandparent who is related | ||||||
6 | to the child through the
non-custodial parent shall contain | ||||||
7 | the following provision:
| ||||||
8 | "If the (grandparent or great-grandparent, whichever | ||||||
9 | is applicable) who has
been granted visitation privileges | ||||||
10 | under this order uses the visitation
privileges to | ||||||
11 | facilitate contact between the child and the child's
| ||||||
12 | non-custodial parent, the visitation privileges granted | ||||||
13 | under this order shall
be permanently revoked."
| ||||||
14 | (e) No parent, not granted custody of the child, or | ||||||
15 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
16 | of any minor child, convicted
of any offense
involving an | ||||||
17 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
18 | age including but not limited to offenses for violations of | ||||||
19 | Article 12 of the
Criminal Code of 1961, is entitled to | ||||||
20 | visitation rights while incarcerated
or while on parole, | ||||||
21 | probation, conditional discharge, periodic
imprisonment, or
| ||||||
22 | mandatory supervised release for that offense, and upon | ||||||
23 | discharge from
incarceration for a misdemeanor offense or upon | ||||||
24 | discharge from parole,
probation, conditional discharge, | ||||||
25 | periodic imprisonment,
or mandatory supervised release for a | ||||||
26 | felony offense, visitation shall be
denied until the person | ||||||
27 | successfully completes a treatment program approved
by the | ||||||
28 | court.
| ||||||
29 | (f) Unless the court determines, after considering all | ||||||
30 | relevant factors,
including but not limited to those set forth | ||||||
31 | in Section 602(a), that it would
be in the best interests of | ||||||
32 | the child to allow visitation, the court shall not
enter an | ||||||
33 | order providing visitation rights and pursuant to a motion to | ||||||
34 | modify
visitation shall revoke visitation rights previously | ||||||
35 | granted to any
person who would otherwise be entitled to | ||||||
36 | petition for visitation rights under
this Section who has been |
| |||||||
| |||||||
1 | convicted of first degree murder of the parent,
grandparent, | ||||||
2 | great-grandparent, or sibling of the child who is the subject | ||||||
3 | of
the order. Until an order is entered pursuant to this | ||||||
4 | subsection, no person
shall visit, with
the child present, a | ||||||
5 | person who has been convicted of first degree murder of
the | ||||||
6 | parent, grandparent, great-grandparent, or sibling of the | ||||||
7 | child
without the consent of the child's parent, other than a | ||||||
8 | parent convicted of
first degree murder as set forth herein, or | ||||||
9 | legal
guardian.
| ||||||
10 | (g) If an order has been entered limiting, for cause, a | ||||||
11 | minor child's
contact or
visitation with a grandparent, | ||||||
12 | great-grandparent, or sibling on the grounds
that it was in the | ||||||
13 | best interest of the child to do so, that order may be
modified | ||||||
14 | only upon a showing of a substantial change in circumstances | ||||||
15 | occurring
subsequent to the entry of the order with proof by | ||||||
16 | clear and convincing
evidence that modification is in the best | ||||||
17 | interest of the minor child.
| ||||||
18 | (Source: P.A. 93-911, eff. 1-1-05.)
| ||||||
19 | Section 20. The Emancipation of Minors Act is amended by | ||||||
20 | changing Section 3-3 as follows:
| ||||||
21 | (750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)
| ||||||
22 | Sec. 3-3. Parents. "Parent" means the father or mother of a | ||||||
23 | lawful child of the parties
legitimate
or a child born out of | ||||||
24 | wedlock
illegitimate child , and includes any adoptive parent. | ||||||
25 | It does not include
a parent whose rights in respect to the | ||||||
26 | minor have been terminated in any
manner provided by law.
| ||||||
27 | (Source: P.A. 81-833.)
| ||||||
28 | Section 25. The Adoption Act is amended by changing Section | ||||||
29 | 1 as follows:
| ||||||
30 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
31 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
32 | context
otherwise requires:
|
| |||||||
| |||||||
1 | A. "Child" means a person under legal age subject to | ||||||
2 | adoption under
this Act.
| ||||||
3 | B. "Related child" means a child subject to adoption where | ||||||
4 | either or both of
the adopting parents stands in any of the | ||||||
5 | following relationships to the child
by blood or marriage: | ||||||
6 | parent, grand-parent, brother, sister, step-parent,
| ||||||
7 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
8 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
9 | whose parent has executed
a final irrevocable consent to | ||||||
10 | adoption or a final irrevocable surrender
for purposes of | ||||||
11 | adoption, or whose parent has had his or her parental rights
| ||||||
12 | terminated, is not a related child to that person, unless the | ||||||
13 | consent is
determined to be void or is void pursuant to | ||||||
14 | subsection O of Section 10.
| ||||||
15 | C. "Agency" for the purpose of this Act means a public | ||||||
16 | child welfare agency
or a licensed child welfare agency.
| ||||||
17 | D. "Unfit person" means any person whom the court shall | ||||||
18 | find to be unfit
to have a child, without regard to the | ||||||
19 | likelihood that the child will be
placed for adoption. The | ||||||
20 | grounds of unfitness are any one or more
of the following, | ||||||
21 | except that a person shall not be considered an unfit
person | ||||||
22 | for the sole reason that the person has relinquished a child in
| ||||||
23 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
24 | (a) Abandonment of the child.
| ||||||
25 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
26 | (a-2) Abandonment of a newborn infant in any setting | ||||||
27 | where the evidence
suggests that the parent intended to | ||||||
28 | relinquish his or her parental rights.
| ||||||
29 | (b) Failure to maintain a reasonable degree of | ||||||
30 | interest, concern or
responsibility as to the child's | ||||||
31 | welfare.
| ||||||
32 | (c) Desertion of the child for more than 3 months next | ||||||
33 | preceding the
commencement of the Adoption proceeding.
| ||||||
34 | (d) Substantial neglect
of the
child if continuous or | ||||||
35 | repeated.
| ||||||
36 | (d-1) Substantial neglect, if continuous or repeated, |
| |||||||
| |||||||
1 | of any child
residing in the household which resulted in | ||||||
2 | the death of that child.
| ||||||
3 | (e) Extreme or repeated cruelty to the child.
| ||||||
4 | (f) Two or more findings of physical abuse to any | ||||||
5 | children under Section
4-8 of the Juvenile Court Act or | ||||||
6 | Section 2-21 of the Juvenile Court Act
of 1987, the most | ||||||
7 | recent of which was determined by the juvenile court
| ||||||
8 | hearing the matter to be supported by clear and convincing | ||||||
9 | evidence; a
criminal conviction or a finding of not guilty | ||||||
10 | by reason of insanity
resulting from the death of any child | ||||||
11 | by physical child
abuse; or a finding of physical child | ||||||
12 | abuse resulting from the death of any
child under Section | ||||||
13 | 4-8 of the Juvenile Court Act or Section 2-21 of the
| ||||||
14 | Juvenile Court Act of 1987.
| ||||||
15 | (g) Failure to protect the child from conditions within | ||||||
16 | his environment
injurious to the child's welfare.
| ||||||
17 | (h) Other neglect of, or misconduct toward the child; | ||||||
18 | provided that in
making a finding of unfitness the court | ||||||
19 | hearing the adoption proceeding
shall not be bound by any | ||||||
20 | previous finding, order or judgment affecting
or | ||||||
21 | determining the rights of the parents toward the child | ||||||
22 | sought to be adopted
in any other proceeding except such | ||||||
23 | proceedings terminating parental rights
as shall be had | ||||||
24 | under either this Act, the Juvenile Court Act or
the | ||||||
25 | Juvenile Court Act of 1987.
| ||||||
26 | (i) Depravity. Conviction of any one of the following
| ||||||
27 | crimes shall create a presumption that a parent is depraved | ||||||
28 | which can be
overcome only by clear and convincing | ||||||
29 | evidence:
(1) first degree murder in violation of paragraph | ||||||
30 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
31 | Code of 1961 or conviction
of second degree murder in | ||||||
32 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
33 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
34 | first degree murder or second degree murder of any child in
| ||||||
35 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
36 | conspiracy to commit first degree murder or second degree |
| |||||||
| |||||||
1 | murder
of any child in violation of the Criminal Code of | ||||||
2 | 1961; (4)
solicitation to commit murder of any child, | ||||||
3 | solicitation to
commit murder of any child for hire, or | ||||||
4 | solicitation to commit second
degree murder of any child in | ||||||
5 | violation of the Criminal Code of 1961; or (5)
aggravated | ||||||
6 | criminal sexual assault in violation of
Section | ||||||
7 | 12-14(b)(1) of the Criminal Code of 1961.
| ||||||
8 | There is a rebuttable presumption that a parent is | ||||||
9 | depraved if the parent
has been criminally convicted of at | ||||||
10 | least 3 felonies under the laws of this
State or any other | ||||||
11 | state, or under federal law, or the criminal laws of any
| ||||||
12 | United States territory; and at least one of these
| ||||||
13 | convictions took place within 5 years of the filing of the | ||||||
14 | petition or motion
seeking termination of parental rights.
| ||||||
15 | There is a rebuttable presumption that a parent is | ||||||
16 | depraved if that
parent
has
been criminally convicted of | ||||||
17 | either first or second degree murder of any person
as | ||||||
18 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
19 | filing date of
the petition or motion to terminate parental | ||||||
20 | rights.
| ||||||
21 | (j) Open and notorious adultery or fornication.
| ||||||
22 | (j-1) (Blank).
| ||||||
23 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
24 | than those
prescribed by a physician, for at least one year | ||||||
25 | immediately
prior to the commencement of the unfitness | ||||||
26 | proceeding.
| ||||||
27 | There is a rebuttable presumption that a parent is | ||||||
28 | unfit under this
subsection
with respect to any child to | ||||||
29 | which that parent gives birth where there is a
confirmed
| ||||||
30 | test result that at birth the child's blood, urine, or | ||||||
31 | meconium contained any
amount of a controlled substance as | ||||||
32 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
33 | Controlled Substances Act or metabolites of such | ||||||
34 | substances, the
presence of which in the newborn infant was | ||||||
35 | not the result of medical treatment
administered to the | ||||||
36 | mother or the newborn infant; and the biological mother of
|
| |||||||
| |||||||
1 | this child is the biological mother of at least one other | ||||||
2 | child who was
adjudicated a neglected minor under | ||||||
3 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
4 | 1987.
| ||||||
5 | (l) Failure to demonstrate a reasonable degree of | ||||||
6 | interest, concern or
responsibility as to the welfare of a | ||||||
7 | new born child during the first 30
days after its birth.
| ||||||
8 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
9 | to correct the
conditions that were the basis for the | ||||||
10 | removal of the child from the
parent, or (ii) to make | ||||||
11 | reasonable progress toward the return of the child
to
the | ||||||
12 | parent within 9 months after an adjudication of neglected | ||||||
13 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
14 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
15 | or (iii) to make reasonable progress
toward the return of | ||||||
16 | the
child to the parent during any 9-month period after the | ||||||
17 | end of the initial
9-month period following the | ||||||
18 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
19 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
20 | Section 2-4 of that Act.
If a service plan has been | ||||||
21 | established as
required under
Section 8.2 of the Abused and | ||||||
22 | Neglected Child Reporting Act to correct the
conditions | ||||||
23 | that were the basis for the removal of the child from the | ||||||
24 | parent
and if those services were available,
then, for | ||||||
25 | purposes of this Act, "failure to make reasonable progress | ||||||
26 | toward the
return of the child to the parent" includes (I) | ||||||
27 | the parent's failure to
substantially fulfill his or her | ||||||
28 | obligations under the
service plan and correct the | ||||||
29 | conditions that brought the child into care
within 9 months | ||||||
30 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
31 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
32 | substantially fulfill his or her obligations
under
the | ||||||
33 | service plan and correct the conditions that brought the | ||||||
34 | child into care
during any 9-month period after the end of | ||||||
35 | the initial 9-month period
following the adjudication | ||||||
36 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
|
| |||||||
| |||||||
1 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
2 | child
has been in foster care for 15 months out of any 22 | ||||||
3 | month period which begins
on or after the effective date of | ||||||
4 | this amendatory Act of 1998 unless the
child's parent can | ||||||
5 | prove
by a preponderance of the evidence that it is more | ||||||
6 | likely than not that it will
be in the best interests of | ||||||
7 | the child to be returned to the parent within 6
months of | ||||||
8 | the date on which a petition for termination of parental | ||||||
9 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
10 | 15 month time limit is tolled
during
any period for which | ||||||
11 | there is a court finding that the appointed custodian or
| ||||||
12 | guardian failed to make reasonable efforts to reunify the | ||||||
13 | child with his or her
family, provided that (i) the finding | ||||||
14 | of no reasonable efforts is made within
60 days of the | ||||||
15 | period when reasonable efforts were not made or (ii) the | ||||||
16 | parent
filed a motion requesting a finding of no reasonable | ||||||
17 | efforts within 60 days of
the period when reasonable | ||||||
18 | efforts were not made. For purposes of this
subdivision | ||||||
19 | (m-1), the date of entering foster care is the earlier of: | ||||||
20 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
21 | hearing that the child is an abused,
neglected, or | ||||||
22 | dependent minor; or (ii) 60 days after the date on which | ||||||
23 | the
child is removed from his or her parent, guardian, or | ||||||
24 | legal custodian.
| ||||||
25 | (n) Evidence of intent to forgo his or her parental | ||||||
26 | rights,
whether or
not the child is a ward of the court, | ||||||
27 | (1) as manifested
by his or her failure for a period of 12 | ||||||
28 | months: (i) to visit the child,
(ii) to communicate with | ||||||
29 | the child or agency, although able to do so and
not | ||||||
30 | prevented from doing so by an agency or by court order, or | ||||||
31 | (iii) to
maintain contact with or plan for the future of | ||||||
32 | the child, although physically
able to do so, or (2) as | ||||||
33 | manifested by the father's failure, where he
and the mother | ||||||
34 | of the child were unmarried to each other at the time of | ||||||
35 | the
child's birth, (i) to commence legal proceedings to | ||||||
36 | establish his paternity
under the Illinois Parentage Act of |
| |||||||
| |||||||
1 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
2 | within 30 days of being informed, pursuant to Section 12a
| ||||||
3 | of this Act, that he is the father or the likely father of | ||||||
4 | the child or,
after being so informed where the child is | ||||||
5 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
6 | to make a good faith effort to pay a reasonable
amount of | ||||||
7 | the expenses related to the birth of the child and to | ||||||
8 | provide a
reasonable amount for the financial support of | ||||||
9 | the child, the court to
consider in its determination all | ||||||
10 | relevant circumstances, including the
financial condition | ||||||
11 | of both parents; provided that the ground for
termination | ||||||
12 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
13 | available where the petition is brought by the mother or | ||||||
14 | the husband of
the mother.
| ||||||
15 | Contact or communication by a parent with his or her | ||||||
16 | child that does not
demonstrate affection and concern does | ||||||
17 | not constitute reasonable contact
and planning under | ||||||
18 | subdivision (n). In the absence of evidence to the
| ||||||
19 | contrary, the ability to visit, communicate, maintain | ||||||
20 | contact, pay
expenses and plan for the future shall be | ||||||
21 | presumed. The subjective intent
of the parent, whether | ||||||
22 | expressed or otherwise, unsupported by evidence of
the | ||||||
23 | foregoing parental acts manifesting that intent, shall not | ||||||
24 | preclude a
determination that the parent has intended to | ||||||
25 | forgo his or her
parental
rights. In making this | ||||||
26 | determination, the court may consider but shall not
require | ||||||
27 | a showing of diligent efforts by an authorized agency to | ||||||
28 | encourage
the parent to perform the acts specified in | ||||||
29 | subdivision (n).
| ||||||
30 | It shall be an affirmative defense to any allegation | ||||||
31 | under paragraph
(2) of this subsection that the father's | ||||||
32 | failure was due to circumstances
beyond his control or to | ||||||
33 | impediments created by the mother or any other
person | ||||||
34 | having legal custody. Proof of that fact need only be by a
| ||||||
35 | preponderance of the evidence.
| ||||||
36 | (o) Repeated or continuous failure by the parents, |
| |||||||
| |||||||
1 | although physically
and financially able, to provide the | ||||||
2 | child with adequate food, clothing,
or shelter.
| ||||||
3 | (p) Inability to discharge parental responsibilities | ||||||
4 | supported by
competent evidence from a psychiatrist, | ||||||
5 | licensed clinical social
worker, or clinical psychologist | ||||||
6 | of mental
impairment, mental illness or mental retardation | ||||||
7 | as defined in Section
1-116 of the Mental Health and | ||||||
8 | Developmental Disabilities Code, or
developmental | ||||||
9 | disability as defined in Section 1-106 of that Code, and
| ||||||
10 | there is sufficient justification to believe that the | ||||||
11 | inability to
discharge parental responsibilities shall | ||||||
12 | extend beyond a reasonable
time period. However, this | ||||||
13 | subdivision (p) shall not be construed so as to
permit a | ||||||
14 | licensed clinical social worker to conduct any medical | ||||||
15 | diagnosis to
determine mental illness or mental | ||||||
16 | impairment.
| ||||||
17 | (q) The parent has been criminally convicted of | ||||||
18 | aggravated battery,
heinous battery, or attempted murder | ||||||
19 | of any child.
| ||||||
20 | (r) The child is in the temporary custody or | ||||||
21 | guardianship of the
Department of Children and Family | ||||||
22 | Services, the parent is incarcerated as a
result of | ||||||
23 | criminal conviction at the time the petition or motion for
| ||||||
24 | termination of parental rights is filed, prior to | ||||||
25 | incarceration the parent had
little or no contact with the | ||||||
26 | child or provided little or no support for the
child, and | ||||||
27 | the parent's incarceration will prevent the parent from | ||||||
28 | discharging
his or her parental responsibilities for the | ||||||
29 | child for a period in excess of 2
years after the filing of | ||||||
30 | the petition or motion for termination of parental
rights.
| ||||||
31 | (s) The child is in the temporary custody or | ||||||
32 | guardianship of the
Department of Children and Family | ||||||
33 | Services, the parent is incarcerated at the
time the | ||||||
34 | petition or motion for termination of parental rights is | ||||||
35 | filed, the
parent has been repeatedly incarcerated as a | ||||||
36 | result of criminal convictions,
and the parent's repeated |
| |||||||
| |||||||
1 | incarceration has prevented the parent from
discharging | ||||||
2 | his or her parental responsibilities for the child.
| ||||||
3 | (t) A finding that at birth the child's blood,
urine, | ||||||
4 | or meconium contained any amount of a controlled substance | ||||||
5 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
6 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
7 | substance, with the exception of
controlled substances or | ||||||
8 | metabolites of such substances, the presence of which
in | ||||||
9 | the newborn infant was the result of medical treatment | ||||||
10 | administered to the
mother or the newborn infant, and that | ||||||
11 | the biological mother of this child is
the biological | ||||||
12 | mother of at least one other child who was adjudicated a
| ||||||
13 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
14 | Juvenile Court Act
of 1987, after which the biological | ||||||
15 | mother had the opportunity to enroll in
and participate in | ||||||
16 | a clinically appropriate substance abuse
counseling, | ||||||
17 | treatment, and rehabilitation program.
| ||||||
18 | E. "Parent" means the father or mother of a lawful child of | ||||||
19 | the parties
legitimate or illegitimate
child born out of | ||||||
20 | wedlock . For the purpose of this Act, a person who has executed | ||||||
21 | a final and
irrevocable consent to adoption or a final and | ||||||
22 | irrevocable surrender for
purposes of adoption, or whose | ||||||
23 | parental rights have been terminated by a
court, is not a | ||||||
24 | parent of the child who was the subject of the consent or
| ||||||
25 | surrender, unless the consent is void pursuant to subsection O | ||||||
26 | of Section 10.
| ||||||
27 | F. A person is available for adoption when the person is:
| ||||||
28 | (a) a child who has been surrendered for adoption to an | ||||||
29 | agency and to
whose adoption the agency has thereafter | ||||||
30 | consented;
| ||||||
31 | (b) a child to whose adoption a person authorized by | ||||||
32 | law, other than his
parents, has consented, or to whose | ||||||
33 | adoption no consent is required pursuant
to Section 8 of | ||||||
34 | this Act;
| ||||||
35 | (c) a child who is in the custody of persons who intend | ||||||
36 | to adopt him
through placement made by his parents;
|
| |||||||
| |||||||
1 | (c-1) a child for whom a parent has signed a specific | ||||||
2 | consent pursuant
to subsection O of Section 10;
| ||||||
3 | (d) an adult who meets the conditions set forth in | ||||||
4 | Section 3 of this
Act; or
| ||||||
5 | (e) a child who has been relinquished as defined in | ||||||
6 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
7 | A person who would otherwise be available for adoption | ||||||
8 | shall not be
deemed unavailable for adoption solely by reason | ||||||
9 | of his or her death.
| ||||||
10 | G. The singular includes the plural and the plural includes
| ||||||
11 | the singular and the "male" includes the "female", as the | ||||||
12 | context of this
Act may require.
| ||||||
13 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
14 | does not
prove successful and it becomes necessary for the | ||||||
15 | child to be removed from
placement before the adoption is | ||||||
16 | finalized.
| ||||||
17 | I. "Foreign placing agency" is an agency or individual | ||||||
18 | operating in a
country or territory outside the United States | ||||||
19 | that is authorized by its
country to place children for | ||||||
20 | adoption either directly with families in the
United States or | ||||||
21 | through United States based international agencies.
| ||||||
22 | J. "Immediate relatives" means the biological parents, the | ||||||
23 | parents of
the biological parents and siblings of the | ||||||
24 | biological parents.
| ||||||
25 | K. "Intercountry adoption" is a process by which a child | ||||||
26 | from a country
other than the United States is adopted.
| ||||||
27 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
28 | the
Department of Children and Family Services appointed by the | ||||||
29 | Director to
coordinate the provision of services by the public | ||||||
30 | and private sector to
prospective parents of foreign-born | ||||||
31 | children.
| ||||||
32 | M. "Interstate Compact on the Placement of Children" is a | ||||||
33 | law enacted by
most states for the purpose of establishing | ||||||
34 | uniform procedures for handling
the interstate placement of | ||||||
35 | children in foster homes, adoptive homes, or
other child care | ||||||
36 | facilities.
|
| |||||||
| |||||||
1 | N. "Non-Compact state" means a state that has not enacted | ||||||
2 | the
Interstate Compact on the Placement of Children.
| ||||||
3 | O. "Preadoption requirements" are any conditions | ||||||
4 | established by the laws
or regulations of the Federal | ||||||
5 | Government or of each state that must be met
prior to the | ||||||
6 | placement of a child in an adoptive home.
| ||||||
7 | P. "Abused child" means a child whose parent or immediate | ||||||
8 | family member,
or any person responsible for the child's | ||||||
9 | welfare, or any individual
residing in the same home as the | ||||||
10 | child, or a paramour of the child's parent:
| ||||||
11 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
12 | inflicted upon
the child physical injury, by other than | ||||||
13 | accidental means, that causes
death, disfigurement, | ||||||
14 | impairment of physical or emotional health, or loss
or | ||||||
15 | impairment of any bodily function;
| ||||||
16 | (b) creates a substantial risk of physical injury to | ||||||
17 | the child by
other than accidental means which would be | ||||||
18 | likely to cause death,
disfigurement, impairment of | ||||||
19 | physical or emotional health, or loss or
impairment of any | ||||||
20 | bodily function;
| ||||||
21 | (c) commits or allows to be committed any sex offense | ||||||
22 | against the child,
as sex offenses are defined in the | ||||||
23 | Criminal Code of 1961
and extending those definitions of | ||||||
24 | sex offenses to include children under
18 years of age;
| ||||||
25 | (d) commits or allows to be committed an act or acts of | ||||||
26 | torture upon
the child; or
| ||||||
27 | (e) inflicts excessive corporal punishment.
| ||||||
28 | Q. "Neglected child" means any child whose parent or other | ||||||
29 | person
responsible for the child's welfare withholds or denies | ||||||
30 | nourishment or
medically indicated treatment including food or | ||||||
31 | care denied solely on the
basis of the present or anticipated | ||||||
32 | mental or physical impairment as determined
by a physician | ||||||
33 | acting alone or in consultation with other physicians or
| ||||||
34 | otherwise does not provide the proper or necessary support, | ||||||
35 | education
as required by law, or medical or other remedial care | ||||||
36 | recognized under State
law as necessary for a child's |
| |||||||
| |||||||
1 | well-being, or other care necessary for his
or her well-being, | ||||||
2 | including adequate food, clothing and shelter; or who
is | ||||||
3 | abandoned by his or her parents or other person responsible for | ||||||
4 | the child's
welfare.
| ||||||
5 | A child shall not be considered neglected or abused for the
| ||||||
6 | sole reason that the child's parent or other person responsible | ||||||
7 | for his
or her welfare depends upon spiritual means through | ||||||
8 | prayer alone for the
treatment or cure of disease or remedial | ||||||
9 | care as provided under Section 4
of the Abused and Neglected | ||||||
10 | Child Reporting Act.
A child shall not be considered neglected | ||||||
11 | or abused for the sole reason that
the child's parent or other | ||||||
12 | person responsible for the child's welfare failed
to vaccinate, | ||||||
13 | delayed vaccination, or refused vaccination for the child
due | ||||||
14 | to a waiver on religious or medical grounds as permitted by | ||||||
15 | law.
| ||||||
16 | R. "Putative father" means a man who may be a child's | ||||||
17 | father, but who (1) is
not married to the child's mother on or | ||||||
18 | before the date that the child was or
is to be born and (2) has | ||||||
19 | not established paternity of the child in a court
proceeding | ||||||
20 | before the filing of a petition for the adoption of the child. | ||||||
21 | The
term includes a male who is less than 18 years of age. | ||||||
22 | "Putative father" does
not mean a man who is the child's father | ||||||
23 | as a result of criminal sexual abuse
or assault as defined | ||||||
24 | under Article 12 of the Criminal Code of 1961.
| ||||||
25 | S. "Standby adoption" means an adoption in which a parent
| ||||||
26 | consents to custody and termination of parental rights to | ||||||
27 | become
effective upon the occurrence of a future event, which | ||||||
28 | is either the death of
the
parent or the request of the parent
| ||||||
29 | for the entry of a final judgment of adoption.
| ||||||
30 | T. (Blank).
| ||||||
31 | (Source: P.A. 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; 92-408, | ||||||
32 | eff. 8-17-01; 92-432, eff. 8-17-01 ; 92-651, eff. 7-11-02; | ||||||
33 | 93-732, eff. 1-1-05.)
| ||||||
34 | Section 30. The Probate Act of 1975 is amended by changing | ||||||
35 | Section 2-2 as follows:
|
| |||||||
| |||||||
1 | (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
| ||||||
2 | Sec. 2-2. Children born out of wedlock
Illegitimates . The | ||||||
3 | intestate real and personal estate of
a resident decedent who | ||||||
4 | was a child born out of wedlock
illegitimate at the time of | ||||||
5 | death and the
intestate real estate in this State of a | ||||||
6 | nonresident decedent who was a child born out of wedlock
| ||||||
7 | illegitimate at the time of death, after all just claims | ||||||
8 | against his estate are
fully paid, descends and shall be | ||||||
9 | distributed as provided in Section 2-1,
subject to Section | ||||||
10 | 2-6.5 of this Act, if both parents are eligible parents. As
| ||||||
11 | used in this Section, "eligible parent" means a parent of the | ||||||
12 | decedent who,
during the decedent's lifetime, acknowledged the | ||||||
13 | decedent as the parent's
child, established a parental | ||||||
14 | relationship with the decedent, and supported the
decedent as | ||||||
15 | the parent's child. "Eligible parents" who are in arrears of in
| ||||||
16 | excess of one year's child support obligations shall not | ||||||
17 | receive any property
benefit or other interest of the decedent | ||||||
18 | unless and until a court of competent
jurisdiction makes a | ||||||
19 | determination as to the effect on the deceased of the
arrearage | ||||||
20 | and allows a reduced benefit. In no event shall the reduction | ||||||
21 | of
the benefit or other interest be less than the amount of | ||||||
22 | child support owed for
the support of the decedent at the time | ||||||
23 | of death. The court's considerations
shall include but are not | ||||||
24 | limited to the considerations in subsections (1)
through (3) of | ||||||
25 | Section 2-6.5 of this Act.
| ||||||
26 | If neither parent is an eligible parent, the intestate real
| ||||||
27 | and personal estate of a resident decedent who was a child born | ||||||
28 | out of wedlock
illegitimate at the time of
death and the | ||||||
29 | intestate real estate in this State of a nonresident decedent | ||||||
30 | who
was a child born out of wedlock
illegitimate at the time of | ||||||
31 | death, after all just claims against his or her
estate are | ||||||
32 | fully paid, descends and shall be distributed as provided in
| ||||||
33 | Section 2-1, but the parents of the decedent shall be treated | ||||||
34 | as having
predeceased the decedent.
| ||||||
35 | If only one parent is an eligible parent, the intestate |
| |||||||
| |||||||
1 | real and personal
estate of a resident decedent who was a child | ||||||
2 | born out of wedlock
illegitimate at the time of death and the
| ||||||
3 | intestate real estate in this State of a nonresident decedent | ||||||
4 | who was a child born out of wedlock
illegitimate at the time of | ||||||
5 | death, after all just claims against his or her
estate are | ||||||
6 | fully paid, subject to Section 2-6.5 of this Act, descends and | ||||||
7 | shall
be distributed as follows:
| ||||||
8 | (a) If there is a surviving spouse and also a descendant of | ||||||
9 | the
decedent: 1/2 of the entire estate to the surviving spouse | ||||||
10 | and 1/2 to
the decedent's descendants per stirpes.
| ||||||
11 | (b) If there is no surviving spouse but a descendant of the
| ||||||
12 | decedent: the entire estate to the decedent's descendants per | ||||||
13 | stirpes.
| ||||||
14 | (c) If there is a surviving spouse but no descendant of the
| ||||||
15 | decedent: the entire estate to the surviving spouse.
| ||||||
16 | (d) If there is no surviving spouse or descendant but the | ||||||
17 | eligible parent or
a descendant of the eligible parent of the | ||||||
18 | decedent: the entire estate to the
eligible parent and the | ||||||
19 | eligible parent's descendants, allowing 1/2 to the
eligible | ||||||
20 | parent and 1/2 to the eligible parent's descendants per | ||||||
21 | stirpes.
| ||||||
22 | (e) If there is no surviving spouse, descendant, eligible | ||||||
23 | parent, or
descendant of the eligible parent of the decedent, | ||||||
24 | but a grandparent on the
eligible parent's side of the family | ||||||
25 | or descendant of such grandparent of the
decedent: the entire | ||||||
26 | estate to the decedent's grandparents on the eligible
parent's | ||||||
27 | side of the family in equal parts, or to the survivor of them, | ||||||
28 | or if
there is none surviving, to their descendants per | ||||||
29 | stirpes.
| ||||||
30 | (f) If there is no surviving spouse, descendant, eligible | ||||||
31 | parent, descendant
of the eligible parent, grandparent on the | ||||||
32 | eligible parent's side of the
family, or descendant of such | ||||||
33 | grandparent of the decedent: the entire estate
to the | ||||||
34 | decedent's great-grandparents on the eligible parent's side of | ||||||
35 | the
family in equal parts or to the survivor of them, or if | ||||||
36 | there is none
surviving, to their descendants per stirpes.
|
| |||||||
| |||||||
1 | (g) If there is no surviving spouse, descendant, eligible | ||||||
2 | parent, descendant
of the eligible parent, grandparent on the
| ||||||
3 | eligible parent's side of the family, descendant of such
| ||||||
4 | grandparent, great-grandparent on the eligible parent's side | ||||||
5 | of
the family, or descendant of such great-grandparent of the | ||||||
6 | decedent: the
entire estate in equal parts to the nearest | ||||||
7 | kindred of the eligible parent of
the decedent in equal degree | ||||||
8 | (computing by the rules of the civil law) and
without | ||||||
9 | representation.
| ||||||
10 | (h) If there is no surviving spouse, descendant, or | ||||||
11 | eligible parent of the
decedent and no known kindred of the | ||||||
12 | eligible parent of the decedent: the real
estate escheats to
| ||||||
13 | the county in which it is located; the personal estate | ||||||
14 | physically
located within this State and the personal estate | ||||||
15 | physically located or
held outside this State which is the | ||||||
16 | subject of ancillary administration
within this State escheats | ||||||
17 | to the county of which the decedent was a
resident or, if the | ||||||
18 | decedent was not a resident of this State, to the
county in | ||||||
19 | which it is located; all other personal property of the
| ||||||
20 | decedent of every class and character, wherever situate, or the | ||||||
21 | proceeds
thereof, shall escheat to this State and be delivered | ||||||
22 | to the State
Treasurer of this State pursuant to the Uniform | ||||||
23 | Disposition
of Unclaimed Property Act.
| ||||||
24 | For purposes of inheritance, the changes made by this | ||||||
25 | amendatory Act of
1998 apply to all decedents who die on or | ||||||
26 | after the effective date of this
amendatory Act of 1998. For | ||||||
27 | the purpose of determining the property rights of
any person | ||||||
28 | under any instrument, the changes made by this amendatory Act | ||||||
29 | of
1998 apply to all instruments executed on or after the | ||||||
30 | effective date of this
amendatory Act of 1998.
| ||||||
31 | A child born out of wedlock
An illegitimate person is heir | ||||||
32 | of his mother and of any maternal
ancestor and of any person | ||||||
33 | from whom his mother might have inherited, if
living; and the | ||||||
34 | descendants of a person who was a child born out of wedlock
an | ||||||
35 | illegitimate person shall represent
such person and take by | ||||||
36 | descent any estate which the parent would have
taken, if |
| |||||||
| |||||||
1 | living. If a decedent has acknowledged paternity of a child | ||||||
2 | born out of wedlock
an
illegitimate person or if during his | ||||||
3 | lifetime or after his death a
decedent has been adjudged to be | ||||||
4 | the father of a child born out of wedlock
an illegitimate | ||||||
5 | person ,
that person is heir of his father and of any paternal | ||||||
6 | ancestor and of
any person from whom his father might have | ||||||
7 | inherited, if living; and
the descendants of a person who was a | ||||||
8 | child born out of wedlock
an illegitimate person shall | ||||||
9 | represent that person
and take by descent any estate which the | ||||||
10 | parent would have taken, if
living. If during his lifetime the | ||||||
11 | decedent was adjudged to be the
father of a child born out of | ||||||
12 | wedlock
an illegitimate person by a court of competent | ||||||
13 | jurisdiction,
an authenticated copy of the judgment is | ||||||
14 | sufficient proof of the
paternity; but in all other cases | ||||||
15 | paternity must be proved by clear and
convincing evidence. A | ||||||
16 | person who was a child born out of wedlock
illegitimate whose | ||||||
17 | parents
intermarry and who is acknowledged by the father as the | ||||||
18 | father's child
is a lawful child of the father
legitimate .
| ||||||
19 | After a child born out of wedlock
an illegitimate person is | ||||||
20 | adopted, that person's relationship to his or
her adopting and | ||||||
21 | natural parents shall be governed by Section 2-4 of this
Act. | ||||||
22 | For purposes of inheritance, the changes made by this | ||||||
23 | amendatory Act of
1997 apply to all decedents who die on or | ||||||
24 | after January 1, 1998. For the
purpose of determining the | ||||||
25 | property rights of any person under any instrument,
the changes | ||||||
26 | made by this amendatory Act of 1997 apply to all instruments
| ||||||
27 | executed on or after January 1, 1998.
| ||||||
28 | (Source: P.A. 90-237, eff. 1-1-98; 90-803, eff. 12-15-98; | ||||||
29 | 91-16, eff. 7-1-99.)
|