Full Text of SB0218 101st General Assembly
SB0218sam001 101ST GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 3/14/2019
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| 1 | | AMENDMENT TO SENATE BILL 218
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 218 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 2-13 as follows:
| 6 | | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| 7 | | Sec. 2-13. Petition.
| 8 | | (1) Any adult person, any agency or association by its
| 9 | | representative may file, or the court on its own motion, | 10 | | consistent with the
health, safety and best interests of the | 11 | | minor may direct the
filing through the State's Attorney of a | 12 | | petition in respect of a minor
under this Act. The petition and | 13 | | all subsequent court documents shall be
entitled "In the | 14 | | interest of ...., a minor".
| 15 | | (2) The petition shall be verified but the statements may | 16 | | be made
upon information and belief. It shall allege that the |
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| 1 | | minor is
abused, neglected, or dependent, with citations to the | 2 | | appropriate
provisions of this Act,
and set forth (a) facts | 3 | | sufficient to bring the minor
under Section 2-3 or 2-4 and to | 4 | | inform respondents of the cause of action,
including, but not | 5 | | limited to, a plain and concise statement of the factual
| 6 | | allegations that form the basis for the filing of the petition; | 7 | | (b) the name,
age and residence of the minor; (c) the names and | 8 | | residences of his parents;
(d) the name and residence of his
| 9 | | legal guardian or the person or persons having custody or | 10 | | control of the
minor, or of the nearest known relative if no | 11 | | parent or guardian can be
found; and (e) if the minor upon | 12 | | whose behalf the petition is brought is
sheltered in custody, | 13 | | the date on which such temporary custody
was ordered by the
| 14 | | court or the date set for a temporary custody hearing. If any | 15 | | of the facts
herein required are not known by the petitioner, | 16 | | the petition shall so
state.
| 17 | | (3) The petition must allege that it is in the best | 18 | | interests of the
minor and of the public that he be adjudged a | 19 | | ward of the court and may
pray generally for relief available | 20 | | under this Act. The petition need
not specify any proposed | 21 | | disposition following adjudication of wardship. The petition | 22 | | may request that the minor remain in the custody of the parent, | 23 | | guardian, or custodian under an Order of Protection.
| 24 | | (4) If termination of parental rights and appointment of a | 25 | | guardian of the
person with power to consent to adoption of the | 26 | | minor under Section 2-29 is
sought, the petition shall so |
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| 1 | | state. If the petition includes this request,
the prayer for | 2 | | relief shall clearly and obviously state that the parents could
| 3 | | permanently lose their rights as a parent at this hearing.
| 4 | | In addition to the foregoing, the petitioner, by motion, | 5 | | may request the
termination of parental rights and appointment | 6 | | of a guardian of the person with
power to consent to adoption | 7 | | of the minor under Section 2-29 at any time after
the entry of | 8 | | a dispositional order under Section 2-22.
| 9 | | (4.5) (a) Unless good cause exists that filing a petition | 10 | | to terminate parental rights is contrary to the child's best | 11 | | interests, with respect to any minors committed to its care | 12 | | pursuant to
this Act, the Department of Children and Family | 13 | | Services shall request the
State's Attorney to file a petition | 14 | | or motion for termination of parental
rights and appointment of | 15 | | guardian of the person with power to consent to
adoption of the | 16 | | minor under Section 2-29 if:
| 17 | | (i) a minor has been in foster care, as described in | 18 | | subsection (b), for
15 months of the most recent 22 months; | 19 | | or
| 20 | | (ii) a minor under the age of 2 years has been | 21 | | previously determined to be
abandoned at an adjudicatory | 22 | | hearing; or
| 23 | | (iii) the parent is criminally convicted of : | 24 | | (A) first degree murder or
second degree murder of | 25 | | any child ; , | 26 | | (B) attempt or conspiracy to commit first
degree |
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| 1 | | murder or second degree murder of any child ; , | 2 | | (C) solicitation to commit
murder of any child, | 3 | | solicitation to commit murder for hire of any child, or
| 4 | | solicitation to
commit second degree murder of any | 5 | | child ; , | 6 | | (D)
aggravated battery, aggravated battery of a | 7 | | child, or felony domestic battery,
any of which has | 8 | | resulted in serious injury to the minor or a sibling of | 9 | | the
minor ; , | 10 | | (E) predatory criminal sexual assault of a child; | 11 | | aggravated criminal sexual assault in
violation of | 12 | | subdivision (a)(1) of Section 11-1.40 or subdivision | 13 | | (a)(1) of Section 12-14.1 of the Criminal Code of 1961 | 14 | | or the Criminal Code of 2012,
or | 15 | | (E-5) aggravated criminal sexual assault; | 16 | | (E-10) criminal sexual abuse; | 17 | | (E-15) sexual exploitation of a child; | 18 | | (E-20) permitting sexual abuse of a child; or | 19 | | (F) an offense in any other state the elements of | 20 | | which are similar and bear a
substantial relationship | 21 | | to any of the foregoing offenses.
| 22 | | (a-1) For purposes of this subsection (4.5), good cause | 23 | | exists in the following circumstances: | 24 | | (i) the child
is being cared for by a relative,
| 25 | | (ii) the Department has documented in the
case plan a | 26 | | compelling reason for determining that filing such |
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| 1 | | petition would
not be in the best interests of the child,
| 2 | | (iii) the court has found within the
preceding 12 | 3 | | months that the Department has failed to make reasonable | 4 | | efforts
to reunify the child and family, or
| 5 | | (iv) the parent is incarcerated, or the parent's prior | 6 | | incarceration is a significant factor in why the child has | 7 | | been in foster care for 15 months out of
any 22-month | 8 | | period, the parent maintains a meaningful role in the | 9 | | child's life, and the Department has not documented another | 10 | | reason why it would otherwise be appropriate to file a | 11 | | petition to terminate parental rights pursuant to this | 12 | | Section and the Adoption Act. The assessment of whether an | 13 | | incarcerated parent maintains a meaningful role in the | 14 | | child's life may include consideration of the following:
| 15 | | (A) the child's best interest; | 16 | | (B) the parent's expressions or acts of | 17 | | manifesting concern for the child, such as letters, | 18 | | telephone calls, visits, and other forms of | 19 | | communication with the child and the impact of the | 20 | | communication on the child; | 21 | | (C) the parent's efforts to communicate with and | 22 | | work with the Department for the purpose of complying | 23 | | with the service plan and repairing, maintaining, or | 24 | | building the parent-child relationship; or | 25 | | (D) limitations in the parent's access to family | 26 | | support programs, therapeutic services, visiting |
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| 1 | | opportunities, telephone and mail services, and | 2 | | meaningful participation in court proceedings. | 3 | | (b) For purposes of this subsection, the date of entering | 4 | | foster care is
defined as the earlier of:
| 5 | | (1) The date of a judicial finding at an adjudicatory | 6 | | hearing that the
child is an abused, neglected, or | 7 | | dependent minor; or
| 8 | | (2) 60 days after the date on which the child is | 9 | | removed from his or her
parent, guardian, or legal | 10 | | custodian.
| 11 | | (c) (Blank).
| 12 | | (d) (Blank).
| 13 | | (5) The court shall liberally allow the petitioner to amend | 14 | | the petition to
set forth a cause of action or to add, amend, | 15 | | or supplement factual allegations
that form the basis for a | 16 | | cause of action up until 14 days before the
adjudicatory | 17 | | hearing. The petitioner may amend the petition after that date
| 18 | | and prior to the adjudicatory hearing if the court grants leave | 19 | | to amend upon a
showing of good cause.
The court may allow | 20 | | amendment of the
petition to conform with the evidence at any | 21 | | time prior to ruling. In all
cases in which the court has | 22 | | granted leave to amend based on new evidence or
new | 23 | | allegations, the court shall permit
the respondent an adequate | 24 | | opportunity to prepare a defense to the amended
petition.
| 25 | | (6) At any time before dismissal of the petition or before | 26 | | final closing
and discharge under Section 2-31, one or more |
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| 1 | | motions in the best interests of
the minor may be filed. The | 2 | | motion shall specify sufficient facts in support
of the relief | 3 | | requested.
| 4 | | (Source: P.A. 99-836, eff. 1-1-17 .)
| 5 | | Section 10. The Adoption Act is amended by changing Section | 6 | | 1 as follows:
| 7 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 8 | | Sec. 1. Definitions. When used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | A. "Child" means a person under legal age subject to | 11 | | adoption under
this Act.
| 12 | | B. "Related child" means a child subject to adoption where | 13 | | either or both of
the adopting parents stands in any of the | 14 | | following relationships to the child
by blood, marriage, | 15 | | adoption, or civil union: parent, grand-parent, | 16 | | great-grandparent, brother, sister, step-parent,
| 17 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 18 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 19 | | person is related to the child as a first cousin or second | 20 | | cousin if they are both related to the same ancestor as either | 21 | | grandchild or great-grandchild. A child whose parent has | 22 | | executed
a consent to adoption, a surrender, or a waiver | 23 | | pursuant to Section 10 of this Act or whose parent has signed a | 24 | | denial of paternity pursuant to Section 12 of the Vital Records |
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| 1 | | Act or Section 12a of this Act, or whose parent has had his or | 2 | | her parental rights
terminated, is not a related child to that | 3 | | person, unless (1) the consent is
determined to be void or is | 4 | | void pursuant to subsection O of Section 10 of this Act;
or (2) | 5 | | the parent of the child executed a consent to adoption by a | 6 | | specified person or persons pursuant to subsection A-1 of | 7 | | Section 10 of this Act and a court of competent jurisdiction | 8 | | finds that such consent is void; or (3) the order terminating | 9 | | the parental rights of the parent is vacated by a court of | 10 | | competent jurisdiction.
| 11 | | C. "Agency" for the purpose of this Act means a public | 12 | | child welfare agency
or a licensed child welfare agency.
| 13 | | D. "Unfit person" means any person whom the court shall | 14 | | find to be unfit
to have a child, without regard to the | 15 | | likelihood that the child will be
placed for adoption. The | 16 | | grounds of unfitness are any one or more
of the following, | 17 | | except that a person shall not be considered an unfit
person | 18 | | for the sole reason that the person has relinquished a child in
| 19 | | accordance with the Abandoned Newborn Infant Protection Act:
| 20 | | (a) Abandonment of the child.
| 21 | | (a-1) Abandonment of a newborn infant in a hospital.
| 22 | | (a-2) Abandonment of a newborn infant in any setting | 23 | | where the evidence
suggests that the parent intended to | 24 | | relinquish his or her parental rights.
| 25 | | (b) Failure to maintain a reasonable degree of | 26 | | interest, concern or
responsibility as to the child's |
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| 1 | | welfare.
| 2 | | (c) Desertion of the child for more than 3 months next | 3 | | preceding the
commencement of the Adoption proceeding.
| 4 | | (d) Substantial neglect
of the
child if continuous or | 5 | | repeated.
| 6 | | (d-1) Substantial neglect, if continuous or repeated, | 7 | | of any child
residing in the household which resulted in | 8 | | the death of that child.
| 9 | | (e) Extreme or repeated cruelty to the child.
| 10 | | (f) There is a rebuttable presumption, which can be | 11 | | overcome only by clear and convincing evidence, that a | 12 | | parent is unfit if:
| 13 | | (1) Two or more findings of physical abuse have | 14 | | been entered regarding any children under Section 2-21 | 15 | | of the Juvenile Court Act
of 1987, the most recent of | 16 | | which was determined by the juvenile court
hearing the | 17 | | matter to be supported by clear and convincing | 18 | | evidence; or | 19 | | (2) The parent has been convicted or found not | 20 | | guilty by reason of insanity and the conviction or | 21 | | finding resulted from the death of any child by | 22 | | physical abuse; or
| 23 | | (3) There is a finding of physical child abuse | 24 | | resulting from the death of any
child under Section | 25 | | 2-21 of the
Juvenile Court Act of 1987. | 26 | | No conviction or finding of delinquency pursuant to |
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| 1 | | Article V of the Juvenile Court Act of 1987 shall be | 2 | | considered a criminal conviction for the purpose of | 3 | | applying any presumption under this item (f).
| 4 | | (g) Failure to protect the child from conditions within | 5 | | his environment
injurious to the child's welfare.
| 6 | | (h) Other neglect of, or misconduct toward the child; | 7 | | provided that in
making a finding of unfitness the court | 8 | | hearing the adoption proceeding
shall not be bound by any | 9 | | previous finding, order or judgment affecting
or | 10 | | determining the rights of the parents toward the child | 11 | | sought to be adopted
in any other proceeding except such | 12 | | proceedings terminating parental rights
as shall be had | 13 | | under either this Act, the Juvenile Court Act or
the | 14 | | Juvenile Court Act of 1987.
| 15 | | (i) Depravity. Conviction of any one of the following
| 16 | | crimes shall create a presumption that a parent is depraved | 17 | | which can be
overcome only by clear and convincing | 18 | | evidence:
(1) first degree murder in violation of paragraph | 19 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 21 | | second degree murder in violation of subsection (a) of | 22 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 23 | | Code of 2012 of a parent of the child to be adopted; (2)
| 24 | | first degree murder or second degree murder of any child in
| 25 | | violation of the Criminal Code of 1961 or the Criminal Code | 26 | | of 2012; (3)
attempt or conspiracy to commit first degree |
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| 1 | | murder or second degree murder
of any child in violation of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 3 | | solicitation to commit murder of any child, solicitation to
| 4 | | commit murder of any child for hire, or solicitation to | 5 | | commit second
degree murder of any child in violation of | 6 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 7 | | predatory criminal sexual assault of a child in violation | 8 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | 9 | | or the Criminal Code of 2012; (6) heinous battery of any | 10 | | child in violation of the Criminal Code of 1961; or (7) | 11 | | aggravated battery of any child in violation of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012 ; (8) any | 13 | | violation of Section 11-1.30 or 12-14 of the Criminal Code | 14 | | of 1961 or the Criminal Code of 2012; (9) any violation of | 15 | | subsection (a) of Section 11-1.50 or Section 12-16 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012; (10) | 17 | | any violation of Section 11-9.1 of the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012; (11) any violation of | 19 | | Section 11-9.1A of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012; or (12) an offense in any other | 21 | | state the elements of which are similar and bear a
| 22 | | substantial relationship to any of the enumerated offenses | 23 | | in this subsection (i) .
| 24 | | There is a rebuttable presumption that a parent is | 25 | | depraved if the parent
has been criminally convicted of at | 26 | | least 3 felonies under the laws of this
State or any other |
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| 1 | | state, or under federal law, or the criminal laws of any
| 2 | | United States territory; and at least
one of these
| 3 | | convictions took place within 5 years of the filing of the | 4 | | petition or motion
seeking termination of parental rights.
| 5 | | There is a rebuttable presumption that a parent is | 6 | | depraved if that
parent
has
been criminally convicted of | 7 | | either first or second degree murder of any person
as | 8 | | defined in the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012 within 10 years of the filing date of
the petition | 10 | | or motion to terminate parental rights. | 11 | | No conviction or finding of delinquency pursuant to | 12 | | Article 5 of the Juvenile Court Act of 1987 shall be | 13 | | considered a criminal conviction for the purpose of | 14 | | applying any presumption under this item (i).
| 15 | | (j) Open and notorious adultery or fornication.
| 16 | | (j-1) (Blank).
| 17 | | (k) Habitual drunkenness or addiction to drugs, other | 18 | | than those
prescribed by a physician, for at least one year | 19 | | immediately
prior to the commencement of the unfitness | 20 | | proceeding.
| 21 | | There is a rebuttable presumption that a parent is | 22 | | unfit under this
subsection
with respect to any child to | 23 | | which that parent gives birth where there is a
confirmed
| 24 | | test result that at birth the child's blood, urine, or | 25 | | meconium contained any
amount of a controlled substance as | 26 | | defined in subsection (f) of Section 102 of
the Illinois |
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| 1 | | Controlled Substances Act or metabolites of such | 2 | | substances, the
presence of which in the newborn infant was | 3 | | not the result of medical treatment
administered to the | 4 | | mother or the newborn infant; and the biological mother of
| 5 | | this child is the biological mother of at least one other | 6 | | child who was
adjudicated a neglected minor under | 7 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 8 | | 1987.
| 9 | | (l) Failure to demonstrate a reasonable degree of | 10 | | interest, concern or
responsibility as to the welfare of a | 11 | | new born child during the first 30
days after its birth.
| 12 | | (m) Failure by a parent (i) to make reasonable efforts | 13 | | to correct the
conditions that were the basis for the | 14 | | removal of the child from the
parent during any 9-month | 15 | | period following the adjudication of neglected or abused | 16 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 17 | | or dependent minor under Section 2-4 of that Act, or (ii) | 18 | | to make reasonable progress
toward the return of the
child | 19 | | to the parent during any 9-month period following the | 20 | | adjudication of
neglected or abused minor under Section 2-3 | 21 | | of the Juvenile Court
Act of 1987 or dependent minor under | 22 | | Section 2-4 of that Act.
If a service plan has been | 23 | | established as
required under
Section 8.2 of the Abused and | 24 | | Neglected Child Reporting Act to correct the
conditions | 25 | | that were the basis for the removal of the child from the | 26 | | parent
and if those services were available,
then, for |
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| 1 | | purposes of this Act, "failure to make reasonable progress | 2 | | toward the
return of the child to the parent" includes the | 3 | | parent's failure to substantially fulfill his or her | 4 | | obligations
under
the service plan and correct the | 5 | | conditions that brought the child into care
during any | 6 | | 9-month period
following the adjudication under Section | 7 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 8 | | Notwithstanding any other provision, when a petition or | 9 | | motion seeks to terminate parental rights on the basis of | 10 | | item (ii) of this subsection (m), the petitioner shall file | 11 | | with the court and serve on the parties a pleading that | 12 | | specifies the 9-month period or periods relied on. The | 13 | | pleading shall be filed and served on the parties no later | 14 | | than 3 weeks before the date set by the court for closure | 15 | | of discovery, and the allegations in the pleading shall be | 16 | | treated as incorporated into the petition or motion. | 17 | | Failure of a respondent to file a written denial of the | 18 | | allegations in the pleading shall not be treated as an | 19 | | admission that the allegations are true.
| 20 | | (m-1) (Blank).
| 21 | | (n) Evidence of intent to forgo his or her parental | 22 | | rights,
whether or
not the child is a ward of the court, | 23 | | (1) as manifested
by his or her failure for a period of 12 | 24 | | months: (i) to visit the child,
(ii) to communicate with | 25 | | the child or agency, although able to do so and
not | 26 | | prevented from doing so by an agency or by court order, or |
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| 1 | | (iii) to
maintain contact with or plan for the future of | 2 | | the child, although physically
able to do so, or (2) as | 3 | | manifested by the father's failure, where he
and the mother | 4 | | of the child were unmarried to each other at the time of | 5 | | the
child's birth, (i) to commence legal proceedings to | 6 | | establish his paternity
under the Illinois Parentage Act of | 7 | | 1984, the Illinois Parentage Act of 2015, or the law of the | 8 | | jurisdiction of
the child's birth within 30 days of being | 9 | | informed, pursuant to Section 12a
of this Act, that he is | 10 | | the father or the likely father of the child or,
after | 11 | | being so informed where the child is not yet born, within | 12 | | 30 days of
the child's birth, or (ii) to make a good faith | 13 | | effort to pay a reasonable
amount of the expenses related | 14 | | to the birth of the child and to provide a
reasonable | 15 | | amount for the financial support of the child, the court to
| 16 | | consider in its determination all relevant circumstances, | 17 | | including the
financial condition of both parents; | 18 | | provided that the ground for
termination provided in this | 19 | | subparagraph (n)(2)(ii) shall only be
available where the | 20 | | petition is brought by the mother or the husband of
the | 21 | | mother.
| 22 | | Contact or communication by a parent with his or her | 23 | | child that does not
demonstrate affection and concern does | 24 | | not constitute reasonable contact
and planning under | 25 | | subdivision (n). In the absence of evidence to the
| 26 | | contrary, the ability to visit, communicate, maintain |
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| 1 | | contact, pay
expenses and plan for the future shall be | 2 | | presumed. The subjective intent
of the parent, whether | 3 | | expressed or otherwise, unsupported by evidence of
the | 4 | | foregoing parental acts manifesting that intent, shall not | 5 | | preclude a
determination that the parent has intended to | 6 | | forgo his or her
parental
rights. In making this | 7 | | determination, the court may consider but shall not
require | 8 | | a showing of diligent efforts by an authorized agency to | 9 | | encourage
the parent to perform the acts specified in | 10 | | subdivision (n).
| 11 | | It shall be an affirmative defense to any allegation | 12 | | under paragraph
(2) of this subsection that the father's | 13 | | failure was due to circumstances
beyond his control or to | 14 | | impediments created by the mother or any other
person | 15 | | having legal custody. Proof of that fact need only be by a
| 16 | | preponderance of the evidence.
| 17 | | (o) Repeated or continuous failure by the parents, | 18 | | although physically
and financially able, to provide the | 19 | | child with adequate food, clothing,
or shelter.
| 20 | | (p) Inability to discharge parental responsibilities | 21 | | supported by
competent evidence from a psychiatrist, | 22 | | licensed clinical social
worker, or clinical psychologist | 23 | | of mental
impairment, mental illness or an intellectual | 24 | | disability as defined in Section
1-116 of the Mental Health | 25 | | and Developmental Disabilities Code, or
developmental | 26 | | disability as defined in Section 1-106 of that Code, and
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| 1 | | there is sufficient justification to believe that the | 2 | | inability to
discharge parental responsibilities shall | 3 | | extend beyond a reasonable
time period. However, this | 4 | | subdivision (p) shall not be construed so as to
permit a | 5 | | licensed clinical social worker to conduct any medical | 6 | | diagnosis to
determine mental illness or mental | 7 | | impairment.
| 8 | | (q) (Blank).
| 9 | | (r) The child is in the temporary custody or | 10 | | guardianship of the
Department of Children and Family | 11 | | Services, the parent is incarcerated as a
result of | 12 | | criminal conviction at the time the petition or motion for
| 13 | | termination of parental rights is filed, prior to | 14 | | incarceration the parent had
little or no contact with the | 15 | | child or provided little or no support for the
child, and | 16 | | the parent's incarceration will prevent the parent from | 17 | | discharging
his or her parental responsibilities for the | 18 | | child for a period in excess of 2
years after the filing of | 19 | | the petition or motion for termination of parental
rights.
| 20 | | (s) The child is in the temporary custody or | 21 | | guardianship of the
Department of Children and Family | 22 | | Services, the parent is incarcerated at the
time the | 23 | | petition or motion for termination of parental rights is | 24 | | filed, the
parent has been repeatedly incarcerated as a | 25 | | result of criminal convictions,
and the parent's repeated | 26 | | incarceration has prevented the parent from
discharging |
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| 1 | | his or her parental responsibilities for the child.
| 2 | | (t) A finding that at birth the child's blood,
urine, | 3 | | or meconium contained any amount of a controlled substance | 4 | | as
defined in subsection (f) of Section 102 of the Illinois | 5 | | Controlled Substances
Act, or a metabolite of a controlled | 6 | | substance, with the exception of
controlled substances or | 7 | | metabolites of such substances, the presence of which
in | 8 | | the newborn infant was the result of medical treatment | 9 | | administered to the
mother or the newborn infant, and that | 10 | | the biological mother of this child is
the biological | 11 | | mother of at least one other child who was adjudicated a
| 12 | | neglected minor under subsection (c) of Section 2-3 of the | 13 | | Juvenile Court Act
of 1987, after which the biological | 14 | | mother had the opportunity to enroll in
and participate in | 15 | | a clinically appropriate substance abuse
counseling, | 16 | | treatment, and rehabilitation program.
| 17 | | E. "Parent" means a person who is the legal mother or legal | 18 | | father of the child as defined in subsection X or Y of this | 19 | | Section. For the purpose of this Act, a parent who has executed | 20 | | a consent to adoption, a surrender, or a waiver pursuant to | 21 | | Section 10 of this Act, who has signed a Denial of Paternity | 22 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 23 | | of this Act, or whose parental rights have been terminated by a | 24 | | court, is not a parent of the child who was the subject of the | 25 | | consent, surrender, waiver, or denial unless (1) the consent is | 26 | | void pursuant to subsection O of Section 10 of this Act; or (2) |
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| 1 | | the person executed a consent to adoption by a specified person | 2 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 3 | | and a court of competent jurisdiction finds that the consent is | 4 | | void; or (3) the order terminating the parental rights of the | 5 | | person is vacated by a court of competent jurisdiction.
| 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. (Blank).
| 3 | | I. "Habitual residence" has the meaning ascribed to it in | 4 | | the federal Intercountry Adoption Act of 2000 and regulations | 5 | | promulgated thereunder.
| 6 | | J. "Immediate relatives" means the biological parents, the | 7 | | parents of
the biological parents and siblings of the | 8 | | biological parents.
| 9 | | K. "Intercountry adoption" is a process by which a child | 10 | | from a country
other than the United States is adopted by | 11 | | persons who are habitual residents of the United States, or the | 12 | | child is a habitual resident of the United States who is | 13 | | adopted by persons who are habitual residents of a country | 14 | | other than the United States.
| 15 | | L. (Blank).
| 16 | | M. "Interstate Compact on the Placement of Children" is a | 17 | | law enacted by all
states and certain territories for the | 18 | | purpose of establishing uniform procedures for handling
the | 19 | | interstate placement of children in foster homes, adoptive | 20 | | homes, or
other child care facilities.
| 21 | | N. (Blank).
| 22 | | O. "Preadoption requirements" means any conditions or | 23 | | standards established by the laws or administrative rules of | 24 | | this State that must be met by a prospective adoptive parent
| 25 | | prior to the placement of a child in an adoptive home.
| 26 | | P. "Abused child" means a child whose parent or immediate |
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| 1 | | family member,
or any person responsible for the child's | 2 | | welfare, or any individual
residing in the same home as the | 3 | | child, or a paramour of the child's parent:
| 4 | | (a) inflicts, causes to be inflicted, or allows to be | 5 | | inflicted upon
the child physical injury, by other than | 6 | | accidental means, that causes
death, disfigurement, | 7 | | impairment of physical or emotional health, or loss
or | 8 | | impairment of any bodily function;
| 9 | | (b) creates a substantial risk of physical injury to | 10 | | the child by
other than accidental means which would be | 11 | | likely to cause death,
disfigurement, impairment of | 12 | | physical or emotional health, or loss or
impairment of any | 13 | | bodily function;
| 14 | | (c) commits or allows to be committed any sex offense | 15 | | against the child,
as sex offenses are defined in the | 16 | | Criminal Code of 2012
and extending those definitions of | 17 | | sex offenses to include children under
18 years of age;
| 18 | | (d) commits or allows to be committed an act or acts of | 19 | | torture upon
the child; or
| 20 | | (e) inflicts excessive corporal punishment.
| 21 | | Q. "Neglected child" means any child whose parent or other | 22 | | person
responsible for the child's welfare withholds or denies | 23 | | nourishment or
medically indicated treatment including food or | 24 | | care denied solely on the
basis of the present or anticipated | 25 | | mental or physical impairment as determined
by a physician | 26 | | acting alone or in consultation with other physicians or
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| 1 | | otherwise does not provide the proper or necessary support, | 2 | | education
as required by law, or medical or other remedial care | 3 | | recognized under State
law as necessary for a child's | 4 | | well-being, or other care necessary for his
or her well-being, | 5 | | including adequate food, clothing and shelter; or who
is | 6 | | abandoned by his or her parents or other person responsible for | 7 | | the child's
welfare.
| 8 | | A child shall not be considered neglected or abused for the
| 9 | | sole reason that the child's parent or other person responsible | 10 | | for his
or her welfare depends upon spiritual means through | 11 | | prayer alone for the
treatment or cure of disease or remedial | 12 | | care as provided under Section 4
of the Abused and Neglected | 13 | | Child Reporting Act.
A child shall not be considered neglected | 14 | | or abused for the sole reason that
the child's parent or other | 15 | | person responsible for the child's welfare failed
to vaccinate, | 16 | | delayed vaccination, or refused vaccination for the child
due | 17 | | to a waiver on religious or medical grounds as permitted by | 18 | | law.
| 19 | | R. "Putative father" means a man who may be a child's | 20 | | father, but who (1) is
not married to the child's mother on or | 21 | | before the date that the child was or
is to be born and (2) has | 22 | | not established paternity of the child in a court
proceeding | 23 | | before the filing of a petition for the adoption of the child. | 24 | | The
term includes a male who is less than 18 years of age. | 25 | | "Putative father" does
not mean a man who is the child's father | 26 | | as a result of criminal sexual abuse
or assault as defined |
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| 1 | | under Article 11 of the Criminal Code of 2012.
| 2 | | S. "Standby adoption" means an adoption in which a parent
| 3 | | consents to custody and termination of parental rights to | 4 | | become
effective upon the occurrence of a future event, which | 5 | | is either the death of
the
parent or the request of the parent
| 6 | | for the entry of a final judgment of adoption.
| 7 | | T. (Blank).
| 8 | | T-5. "Biological parent", "birth parent", or "natural | 9 | | parent" of a child are interchangeable terms that mean a person | 10 | | who is biologically or genetically related to that child as a | 11 | | parent. | 12 | | U. "Interstate adoption" means the placement of a minor | 13 | | child with a prospective adoptive parent for the purpose of | 14 | | pursuing an adoption for that child that is subject to the | 15 | | provisions of the Interstate Compact on Placement of Children. | 16 | | V. (Blank). | 17 | | W. (Blank). | 18 | | X. "Legal father" of a child means a man who is recognized | 19 | | as or presumed to be that child's father: | 20 | | (1) because of his marriage to or civil union with the | 21 | | child's parent at the time of the child's birth or within | 22 | | 300 days prior to that child's birth, unless he signed a | 23 | | denial of paternity pursuant to Section 12 of the Vital | 24 | | Records Act or a waiver pursuant to Section 10 of this Act; | 25 | | or | 26 | | (2) because his paternity of the child has been |
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| 1 | | established pursuant to the Illinois Parentage Act, the | 2 | | Illinois Parentage Act of 1984, or the Gestational | 3 | | Surrogacy Act; or | 4 | | (3) because he is listed as the child's father or | 5 | | parent on the child's birth certificate, unless he is | 6 | | otherwise determined by an administrative or judicial | 7 | | proceeding not to be the parent of the child or unless he | 8 | | rescinds his acknowledgment of paternity pursuant to the | 9 | | Illinois Parentage Act of 1984; or | 10 | | (4) because his paternity or adoption of the child has | 11 | | been established by a court of competent jurisdiction. | 12 | | The definition in this subsection X shall not be construed | 13 | | to provide greater or lesser rights as to the number of parents | 14 | | who can be named on a final judgment order of adoption or | 15 | | Illinois birth certificate that otherwise exist under Illinois | 16 | | law. | 17 | | Y. "Legal mother" of a child means a woman who is | 18 | | recognized as or presumed to be that child's mother: | 19 | | (1) because she gave birth to the child except as | 20 | | provided in the Gestational Surrogacy Act; or | 21 | | (2) because her maternity of the child has been | 22 | | established pursuant to the Illinois Parentage Act of 1984 | 23 | | or the Gestational Surrogacy Act; or | 24 | | (3) because her maternity or adoption of the child has | 25 | | been established by a court of competent jurisdiction; or | 26 | | (4) because of her marriage to or civil union with the |
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| 1 | | child's other parent at the time of the child's birth or | 2 | | within 300 days prior to the time of birth; or | 3 | | (5) because she is listed as the child's mother or | 4 | | parent on the child's birth certificate unless she is | 5 | | otherwise determined by an administrative or judicial | 6 | | proceeding not to be the parent of the child. | 7 | | The definition in this subsection Y shall not be construed | 8 | | to provide greater or lesser rights as to the number of parents | 9 | | who can be named on a final judgment order of adoption or | 10 | | Illinois birth certificate that otherwise exist under Illinois | 11 | | law. | 12 | | Z. "Department" means the Illinois Department of Children | 13 | | and Family Services. | 14 | | AA. "Placement disruption" means a circumstance where the | 15 | | child is removed from an adoptive placement before the adoption | 16 | | is finalized. | 17 | | BB. "Secondary placement" means a placement, including but | 18 | | not limited to the placement of a youth in care as defined in | 19 | | Section 4d of the Children and Family Services Act, that occurs | 20 | | after a placement disruption or an adoption dissolution. | 21 | | "Secondary placement" does not mean secondary placements | 22 | | arising due to the death of the adoptive parent of the child. | 23 | | CC. "Adoption dissolution" means a circumstance where the | 24 | | child is removed from an adoptive placement after the adoption | 25 | | is finalized. | 26 | | DD. "Unregulated placement" means the secondary placement |
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| 1 | | of a child that occurs without the oversight of the courts, the | 2 | | Department, or a licensed child welfare agency. | 3 | | EE. "Post-placement and post-adoption support services" | 4 | | means support services for placed or adopted children and | 5 | | families that include, but are not limited to, counseling for | 6 | | emotional, behavioral, or developmental needs. | 7 | | (Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | 8 | | eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)".
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