Full Text of SB1686 98th General Assembly
SB1686eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 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 |
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| 1 | | child welfare agency
or a licensed child welfare agency.
| 2 | | D. "Unfit person" means any person whom the court shall | 3 | | find to be unfit
to have a child, without regard to the | 4 | | likelihood that the child will be
placed for adoption. The | 5 | | grounds of unfitness are any one or more
of the following, | 6 | | except that a person shall not be considered an unfit
person | 7 | | for the sole reason that the person has relinquished a child in
| 8 | | accordance with the Abandoned Newborn Infant Protection Act:
| 9 | | (a) Abandonment of the child.
| 10 | | (a-1) Abandonment of a newborn infant in a hospital.
| 11 | | (a-2) Abandonment of a newborn infant in any setting | 12 | | where the evidence
suggests that the parent intended to | 13 | | relinquish his or her parental rights.
| 14 | | (b) Failure to maintain a reasonable degree of | 15 | | interest, concern or
responsibility as to the child's | 16 | | welfare.
| 17 | | (c) Desertion of the child for more than 3 months next | 18 | | preceding the
commencement of the Adoption proceeding.
| 19 | | (d) Substantial neglect
of the
child if continuous or | 20 | | repeated.
| 21 | | (d-1) Substantial neglect, if continuous or repeated, | 22 | | of any child
residing in the household which resulted in | 23 | | the death of that child.
| 24 | | (e) Extreme or repeated cruelty to the child.
| 25 | | (f) There is a rebuttable presumption, which can be | 26 | | overcome only by clear and convincing evidence, that a |
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| 1 | | parent is unfit if:
| 2 | | (1) Two or more findings of physical abuse have | 3 | | been entered regarding any children under Section 2-21 | 4 | | of the Juvenile Court Act
of 1987, the most recent of | 5 | | which was determined by the juvenile court
hearing the | 6 | | matter to be supported by clear and convincing | 7 | | evidence; or | 8 | | (2) The parent has been convicted or found not | 9 | | guilty by reason of insanity and the conviction or | 10 | | finding resulted from the death of any child by | 11 | | physical abuse; or
| 12 | | (3) There is a finding of physical child abuse | 13 | | resulting from the death of any
child under Section | 14 | | 2-21 of the
Juvenile Court Act of 1987. | 15 | | No conviction or finding of delinquency pursuant | 16 | | to Article 5 of the Juvenile Court Act of 1987 shall be | 17 | | considered a criminal conviction for the purpose of | 18 | | applying any presumption under this item (f).
| 19 | | (g) Failure to protect the child from conditions within | 20 | | his environment
injurious to the child's welfare.
| 21 | | (h) Other neglect of, or misconduct toward the child; | 22 | | provided that in
making a finding of unfitness the court | 23 | | hearing the adoption proceeding
shall not be bound by any | 24 | | previous finding, order or judgment affecting
or | 25 | | determining the rights of the parents toward the child | 26 | | sought to be adopted
in any other proceeding except such |
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| 1 | | proceedings terminating parental rights
as shall be had | 2 | | under either this Act, the Juvenile Court Act or
the | 3 | | Juvenile Court Act of 1987.
| 4 | | (i) Depravity. Conviction of any one of the following
| 5 | | crimes shall create a presumption that a parent is depraved | 6 | | which can be
overcome only by clear and convincing | 7 | | evidence:
(1) first degree murder in violation of paragraph | 8 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 9 | | Code of 1961 or conviction
of second degree murder in | 10 | | violation of subsection (a) of Section 9-2 of the
Criminal | 11 | | Code of 1961 of a parent of the child to be adopted; (2)
| 12 | | first degree murder or second degree murder of any child in
| 13 | | violation of the Criminal Code of 1961; (3)
attempt or | 14 | | conspiracy to commit first degree murder or second degree | 15 | | murder
of any child in violation of the Criminal Code of | 16 | | 1961; (4)
solicitation to commit murder of any child, | 17 | | solicitation to
commit murder of any child for hire, or | 18 | | solicitation to commit second
degree murder of any child in | 19 | | violation of the Criminal Code of 1961; (5)
predatory | 20 | | criminal sexual assault of a child in violation of
Section | 21 | | 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) | 22 | | heinous battery of any child in violation of the Criminal | 23 | | Code of 1961; or (7) aggravated battery of any child in | 24 | | violation of the Criminal Code of 1961.
| 25 | | There is a rebuttable presumption that a parent is | 26 | | depraved if the parent
has been criminally convicted of at |
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| 1 | | least 3 felonies under the laws of this
State or any other | 2 | | state, or under federal law, or the criminal laws of any
| 3 | | United States territory; and at least
one of these
| 4 | | convictions took place within 5 years of the filing of the | 5 | | petition or motion
seeking termination of parental rights.
| 6 | | There is a rebuttable presumption that a parent is | 7 | | depraved if that
parent
has
been criminally convicted of | 8 | | either first or second degree murder of any person
as | 9 | | defined in the Criminal Code of 1961 within 10 years of the | 10 | | filing date of
the petition or motion to terminate parental | 11 | | rights. | 12 | | No conviction or finding of delinquency pursuant to | 13 | | Article 5 of the Juvenile Court Act of 1987 shall be | 14 | | considered a criminal conviction for the purpose of | 15 | | applying any presumption under this item (i).
| 16 | | (j) Open and notorious adultery or fornication.
| 17 | | (j-1) (Blank).
| 18 | | (k) Habitual drunkenness or addiction to drugs, other | 19 | | than those
prescribed by a physician, for at least one year | 20 | | immediately
prior to the commencement of the unfitness | 21 | | proceeding.
| 22 | | There is a rebuttable presumption that a parent is | 23 | | unfit under this
subsection
with respect to any child to | 24 | | which that parent gives birth where there is a
confirmed
| 25 | | test result that at birth the child's blood, urine, or | 26 | | meconium contained any
amount of a controlled substance as |
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| 1 | | defined in subsection (f) of Section 102 of
the Illinois | 2 | | Controlled Substances Act or metabolites of such | 3 | | substances, the
presence of which in the newborn infant was | 4 | | not the result of medical treatment
administered to the | 5 | | mother or the newborn infant; and the biological mother of
| 6 | | this child is the biological mother of at least one other | 7 | | child who was
adjudicated a neglected minor under | 8 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 9 | | 1987.
| 10 | | (l) Failure to demonstrate a reasonable degree of | 11 | | interest, concern or
responsibility as to the welfare of a | 12 | | new born child during the first 30
days after its birth.
| 13 | | (m) Failure by a parent (i) to make reasonable efforts | 14 | | to correct the
conditions that were the basis for the | 15 | | removal of the child from the
parent during any 9-month | 16 | | period following the adjudication of neglected or abused | 17 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 18 | | or dependent minor under Section 2-4 of that Act , or (ii) | 19 | | to make reasonable progress toward the return of the child
| 20 | | to
the parent within 9 months after an adjudication of | 21 | | neglected or abused
minor under Section 2-3 of the Juvenile | 22 | | Court Act of 1987 or dependent
minor under Section 2-4 of | 23 | | that Act, or (iii) to make reasonable progress
toward the | 24 | | return of the
child to the parent during any 9-month period | 25 | | after the end of the initial
9-month period following the | 26 | | adjudication of
neglected or abused minor under Section 2-3 |
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| 1 | | of the Juvenile Court
Act of 1987 or dependent minor under | 2 | | Section 2-4 of that Act.
If a service plan has been | 3 | | established as
required under
Section 8.2 of the Abused and | 4 | | Neglected Child Reporting Act to correct the
conditions | 5 | | that were the basis for the removal of the child from the | 6 | | parent
and if those services were available,
then, for | 7 | | purposes of this Act, "failure to make reasonable progress | 8 | | toward the
return of the child to the parent" includes (I) | 9 | | the parent's failure to
substantially fulfill his or her | 10 | | obligations under the
service plan and correct the | 11 | | conditions that brought the child into care
within 9 months | 12 | | after the adjudication under Section 2-3 or 2-4
of the | 13 | | Juvenile Court Act of 1987
and (II) the parent's failure to | 14 | | substantially fulfill his or her obligations
under
the | 15 | | service plan and correct the conditions that brought the | 16 | | child into care
during any 9-month period after the end of | 17 | | the initial 9-month period
following the adjudication | 18 | | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 19 | | Notwithstanding any other provision, when a petition or | 20 | | motion seeks to terminate parental rights on the basis of | 21 | | item (ii) (iii) of this subsection (m), the petitioner | 22 | | shall file with the court and serve on the parties a | 23 | | pleading that specifies the 9-month period or periods | 24 | | relied on. The pleading shall be filed and served on the | 25 | | parties no later than 3 weeks before the date set by the | 26 | | court for closure of discovery, and the allegations in the |
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| 1 | | pleading shall be treated as incorporated into the petition | 2 | | or motion. Failure of a respondent to file a written denial | 3 | | of the allegations in the pleading shall not be treated as | 4 | | an admission that the allegations are true.
| 5 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a | 6 | | child
has been in foster care for 15 months out of any 22 | 7 | | month period which begins
on or after the effective date of | 8 | | this amendatory Act of 1998 unless the
child's parent can | 9 | | prove
by a preponderance of the evidence that it is more | 10 | | likely than not that it will
be in the best interests of | 11 | | the child to be returned to the parent within 6
months of | 12 | | the date on which a petition for termination of parental | 13 | | rights is
filed under the Juvenile Court Act of 1987. The | 14 | | 15 month time limit is tolled
during
any period for which | 15 | | there is a court finding that the appointed custodian or
| 16 | | guardian failed to make reasonable efforts to reunify the | 17 | | child with his or her
family, provided that (i) the finding | 18 | | of no reasonable efforts is made within
60 days of the | 19 | | period when reasonable efforts were not made or (ii) the | 20 | | parent
filed a motion requesting a finding of no reasonable | 21 | | efforts within 60 days of
the period when reasonable | 22 | | efforts were not made. For purposes of this
subdivision | 23 | | (m-1), the date of entering foster care is the earlier of: | 24 | | (i) the
date of
a judicial finding at an adjudicatory | 25 | | hearing that the child is an abused,
neglected, or | 26 | | dependent minor; or (ii) 60 days after the date on which |
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| 1 | | the
child is removed from his or her parent, guardian, or | 2 | | legal custodian.
| 3 | | (n) Evidence of intent to forgo his or her parental | 4 | | rights,
whether or
not the child is a ward of the court, | 5 | | (1) as manifested
by his or her failure for a period of 12 | 6 | | months: (i) to visit the child,
(ii) to communicate with | 7 | | the child or agency, although able to do so and
not | 8 | | prevented from doing so by an agency or by court order, or | 9 | | (iii) to
maintain contact with or plan for the future of | 10 | | the child, although physically
able to do so, or (2) as | 11 | | manifested by the father's failure, where he
and the mother | 12 | | of the child were unmarried to each other at the time of | 13 | | the
child's birth, (i) to commence legal proceedings to | 14 | | establish his paternity
under the Illinois Parentage Act of | 15 | | 1984 or the law of the jurisdiction of
the child's birth | 16 | | within 30 days of being informed, pursuant to Section 12a
| 17 | | of this Act, that he is the father or the likely father of | 18 | | the child or,
after being so informed where the child is | 19 | | not yet born, within 30 days of
the child's birth, or (ii) | 20 | | to make a good faith effort to pay a reasonable
amount of | 21 | | the expenses related to the birth of the child and to | 22 | | provide a
reasonable amount for the financial support of | 23 | | the child, the court to
consider in its determination all | 24 | | relevant circumstances, including the
financial condition | 25 | | of both parents; provided that the ground for
termination | 26 | | provided in this subparagraph (n)(2)(ii) shall only be
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| 1 | | available where the petition is brought by the mother or | 2 | | the husband of
the mother.
| 3 | | Contact or communication by a parent with his or her | 4 | | child that does not
demonstrate affection and concern does | 5 | | not constitute reasonable contact
and planning under | 6 | | subdivision (n). In the absence of evidence to the
| 7 | | contrary, the ability to visit, communicate, maintain | 8 | | contact, pay
expenses and plan for the future shall be | 9 | | presumed. The subjective intent
of the parent, whether | 10 | | expressed or otherwise, unsupported by evidence of
the | 11 | | foregoing parental acts manifesting that intent, shall not | 12 | | preclude a
determination that the parent has intended to | 13 | | forgo his or her
parental
rights. In making this | 14 | | determination, the court may consider but shall not
require | 15 | | a showing of diligent efforts by an authorized agency to | 16 | | encourage
the parent to perform the acts specified in | 17 | | subdivision (n).
| 18 | | It shall be an affirmative defense to any allegation | 19 | | under paragraph
(2) of this subsection that the father's | 20 | | failure was due to circumstances
beyond his control or to | 21 | | impediments created by the mother or any other
person | 22 | | having legal custody. Proof of that fact need only be by a
| 23 | | preponderance of the evidence.
| 24 | | (o) Repeated or continuous failure by the parents, | 25 | | although physically
and financially able, to provide the | 26 | | child with adequate food, clothing,
or shelter.
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| 1 | | (p) Inability to discharge parental responsibilities | 2 | | supported by
competent evidence from a psychiatrist, | 3 | | licensed clinical social
worker, or clinical psychologist | 4 | | of mental
impairment, mental illness or an intellectual | 5 | | disability as defined in Section
1-116 of the Mental Health | 6 | | and Developmental Disabilities Code, or
developmental | 7 | | disability as defined in Section 1-106 of that Code, and
| 8 | | there is sufficient justification to believe that the | 9 | | inability to
discharge parental responsibilities shall | 10 | | extend beyond a reasonable
time period. However, this | 11 | | subdivision (p) shall not be construed so as to
permit a | 12 | | licensed clinical social worker to conduct any medical | 13 | | diagnosis to
determine mental illness or mental | 14 | | impairment.
| 15 | | (q) (Blank).
| 16 | | (r) The child is in the temporary custody or | 17 | | guardianship of the
Department of Children and Family | 18 | | Services, the parent is incarcerated as a
result of | 19 | | criminal conviction at the time the petition or motion for
| 20 | | termination of parental rights is filed, prior to | 21 | | incarceration the parent had
little or no contact with the | 22 | | child or provided little or no support for the
child, and | 23 | | the parent's incarceration will prevent the parent from | 24 | | discharging
his or her parental responsibilities for the | 25 | | child for a period in excess of 2
years after the filing of | 26 | | the petition or motion for termination of parental
rights.
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| 1 | | (s) The child is in the temporary custody or | 2 | | guardianship of the
Department of Children and Family | 3 | | Services, the parent is incarcerated at the
time the | 4 | | petition or motion for termination of parental rights is | 5 | | filed, the
parent has been repeatedly incarcerated as a | 6 | | result of criminal convictions,
and the parent's repeated | 7 | | incarceration has prevented the parent from
discharging | 8 | | his or her parental responsibilities for the child.
| 9 | | (t) A finding that at birth the child's blood,
urine, | 10 | | or meconium contained any amount of a controlled substance | 11 | | as
defined in subsection (f) of Section 102 of the Illinois | 12 | | Controlled Substances
Act, or a metabolite of a controlled | 13 | | substance, with the exception of
controlled substances or | 14 | | metabolites of such substances, the presence of which
in | 15 | | the newborn infant was the result of medical treatment | 16 | | administered to the
mother or the newborn infant, and that | 17 | | the biological mother of this child is
the biological | 18 | | mother of at least one other child who was adjudicated a
| 19 | | neglected minor under subsection (c) of Section 2-3 of the | 20 | | Juvenile Court Act
of 1987, after which the biological | 21 | | mother had the opportunity to enroll in
and participate in | 22 | | a clinically appropriate substance abuse
counseling, | 23 | | treatment, and rehabilitation program.
| 24 | | E. "Parent" means the father or mother of a lawful child of | 25 | | the parties or child born out of wedlock. For the purpose of | 26 | | this Act, a person who has executed a final and
irrevocable |
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| 1 | | consent to adoption or a final and irrevocable surrender for
| 2 | | purposes of adoption, or whose parental rights have been | 3 | | terminated by a
court, is not a parent of the child who was the | 4 | | subject of the consent or
surrender, unless the consent is void | 5 | | pursuant to subsection O of Section 10.
| 6 | | F. A person is available for adoption when the person is:
| 7 | | (a) a child who has been surrendered for adoption to an | 8 | | agency and to
whose adoption the agency has thereafter | 9 | | consented;
| 10 | | (b) a child to whose adoption a person authorized by | 11 | | law, other than his
parents, has consented, or to whose | 12 | | adoption no consent is required pursuant
to Section 8 of | 13 | | this Act;
| 14 | | (c) a child who is in the custody of persons who intend | 15 | | to adopt him
through placement made by his parents;
| 16 | | (c-1) a child for whom a parent has signed a specific | 17 | | consent pursuant
to subsection O of Section 10;
| 18 | | (d) an adult who meets the conditions set forth in | 19 | | Section 3 of this
Act; or
| 20 | | (e) a child who has been relinquished as defined in | 21 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 22 | | A person who would otherwise be available for adoption | 23 | | shall not be
deemed unavailable for adoption solely by reason | 24 | | of his or her death.
| 25 | | G. The singular includes the plural and the plural includes
| 26 | | the singular and the "male" includes the "female", as the |
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| 1 | | context of this
Act may require.
| 2 | | H. "Adoption disruption" occurs when an adoptive placement | 3 | | does not
prove successful and it becomes necessary for the | 4 | | child to be removed from
placement before the adoption is | 5 | | finalized.
| 6 | | I. "Foreign placing agency" is an agency or individual | 7 | | operating in a
country or territory outside the United States | 8 | | that is authorized by its
country to place children for | 9 | | adoption either directly with families in the
United States or | 10 | | through United States based international agencies.
| 11 | | J. "Immediate relatives" means the biological parents, the | 12 | | parents of
the biological parents and siblings of the | 13 | | biological parents.
| 14 | | K. "Intercountry adoption" is a process by which a child | 15 | | from a country
other than the United States is adopted.
| 16 | | L. "Intercountry Adoption Coordinator" is a staff person of | 17 | | the
Department of Children and Family Services appointed by the | 18 | | Director to
coordinate the provision of services by the public | 19 | | and private sector to
prospective parents of foreign-born | 20 | | children.
| 21 | | M. "Interstate Compact on the Placement of Children" is a | 22 | | law enacted by
most states for the purpose of establishing | 23 | | uniform procedures for handling
the interstate placement of | 24 | | children in foster homes, adoptive homes, or
other child care | 25 | | facilities.
| 26 | | N. "Non-Compact state" means a state that has not enacted |
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| 1 | | the
Interstate Compact on the Placement of Children.
| 2 | | O. "Preadoption requirements" are any conditions | 3 | | established by the laws
or regulations of the Federal | 4 | | Government or of each state that must be met
prior to the | 5 | | placement of a child in an adoptive home.
| 6 | | P. "Abused child" means a child whose parent or immediate | 7 | | family member,
or any person responsible for the child's | 8 | | welfare, or any individual
residing in the same home as the | 9 | | child, or a paramour of the child's parent:
| 10 | | (a) inflicts, causes to be inflicted, or allows to be | 11 | | inflicted upon
the child physical injury, by other than | 12 | | accidental means, that causes
death, disfigurement, | 13 | | impairment of physical or emotional health, or loss
or | 14 | | impairment of any bodily function;
| 15 | | (b) creates a substantial risk of physical injury to | 16 | | the child by
other than accidental means which would be | 17 | | likely to cause death,
disfigurement, impairment of | 18 | | physical or emotional health, or loss or
impairment of any | 19 | | bodily function;
| 20 | | (c) commits or allows to be committed any sex offense | 21 | | against the child,
as sex offenses are defined in the | 22 | | Criminal Code of 1961
and extending those definitions of | 23 | | sex offenses to include children under
18 years of age;
| 24 | | (d) commits or allows to be committed an act or acts of | 25 | | torture upon
the child; or
| 26 | | (e) inflicts excessive corporal punishment.
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| 1 | | Q. "Neglected child" means any child whose parent or other | 2 | | person
responsible for the child's welfare withholds or denies | 3 | | nourishment or
medically indicated treatment including food or | 4 | | care denied solely on the
basis of the present or anticipated | 5 | | mental or physical impairment as determined
by a physician | 6 | | acting alone or in consultation with other physicians or
| 7 | | otherwise does not provide the proper or necessary support, | 8 | | education
as required by law, or medical or other remedial care | 9 | | recognized under State
law as necessary for a child's | 10 | | well-being, or other care necessary for his
or her well-being, | 11 | | including adequate food, clothing and shelter; or who
is | 12 | | abandoned by his or her parents or other person responsible for | 13 | | the child's
welfare.
| 14 | | A child shall not be considered neglected or abused for the
| 15 | | sole reason that the child's parent or other person responsible | 16 | | for his
or her welfare depends upon spiritual means through | 17 | | prayer alone for the
treatment or cure of disease or remedial | 18 | | care as provided under Section 4
of the Abused and Neglected | 19 | | Child Reporting Act.
A child shall not be considered neglected | 20 | | or abused for the sole reason that
the child's parent or other | 21 | | person responsible for the child's welfare failed
to vaccinate, | 22 | | delayed vaccination, or refused vaccination for the child
due | 23 | | to a waiver on religious or medical grounds as permitted by | 24 | | law.
| 25 | | R. "Putative father" means a man who may be a child's | 26 | | father, but who (1) is
not married to the child's mother on or |
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| 1 | | before the date that the child was or
is to be born and (2) has | 2 | | not established paternity of the child in a court
proceeding | 3 | | before the filing of a petition for the adoption of the child. | 4 | | The
term includes a male who is less than 18 years of age. | 5 | | "Putative father" does
not mean a man who is the child's father | 6 | | as a result of criminal sexual abuse
or assault as defined | 7 | | under Article 12 of the Criminal Code of 1961.
| 8 | | S. "Standby adoption" means an adoption in which a parent
| 9 | | consents to custody and termination of parental rights to | 10 | | become
effective upon the occurrence of a future event, which | 11 | | is either the death of
the
parent or the request of the parent
| 12 | | for the entry of a final judgment of adoption.
| 13 | | T. (Blank).
| 14 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | 15 | | revised 9-15-11.)
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