Full Text of HB1468 103rd General Assembly
HB1468ham001 103RD GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/10/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1468
| 2 | | AMENDMENT NO. ______. Amend House Bill 1468 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Family Recovery Plans Implementation Task Force Act. | 6 | | Section 5. Purpose and policy. It is the policy of this | 7 | | State to serve and advance the best interests and secure the | 8 | | safety and well-being of an infant with prenatal substance | 9 | | exposure, while preserving the family unit whenever the safety | 10 | | of the infant is not jeopardized. | 11 | | It is the intent of the General Assembly to require a | 12 | | coordinated, public health, and service-integrated response by | 13 | | various agencies within this State's health and child welfare | 14 | | systems to address the substance use treatment needs of | 15 | | infants born with prenatal substance exposure, as well as the | 16 | | treatment needs of their caregivers and families, by requiring |
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| 1 | | the development, provision, and monitoring of family recovery | 2 | | plans. | 3 | | Section 10. Findings. The General Assembly finds the | 4 | | following: | 5 | | (1) Pregnant and parenting individuals with a | 6 | | substance use disorder should be encouraged to receive | 7 | | evidence-based treatment and not suffer punitive actions | 8 | | for starting or continuing treatment, including when | 9 | | medications for opioid use disorder are part of the | 10 | | treatment protocol. | 11 | | (2) There is a pressing need for increasing access to | 12 | | evidence-based treatment for substance use disorders and | 13 | | supportive care for families, including the appropriate | 14 | | use of family needs assessments and family recovery plans. | 15 | | (3) The cooperation and coordination of supportive | 16 | | services for pregnant, peripartum, and postpartum | 17 | | individuals and families are essential to help newborns | 18 | | and children and to encourage and support treatment, | 19 | | recovery, and a safe and healthy environment for children | 20 | | and the family. | 21 | | (4) There is a need for a coordinated, public health, | 22 | | and service-integrated response by various agencies in | 23 | | this State's health and child welfare systems to work | 24 | | together to ensure the safety and well-being of infants | 25 | | with prenatal substance exposure by developing, |
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| 1 | | implementing, and monitoring a family recovery plan | 2 | | approach that addresses the health and substance use | 3 | | treatment and recovery needs of the infant and affected | 4 | | family or caregiver. | 5 | | Section 15. Composition. The Family Recovery Plan | 6 | | Implementation Task Force is created within the Department of | 7 | | Human Services and shall consist of members appointed as | 8 | | follows: | 9 | | (1) Two members from the Senate, one appointed by the | 10 | | President of the Senate and one appointed by the Senate | 11 | | Minority Leader. | 12 | | (2) Two members from the House of Representatives, one | 13 | | appointed by the Speaker of the House of Representatives | 14 | | and one appointed by the House Minority Leader. | 15 | | (3) One member from the Office of the Governor, | 16 | | appointed by the Governor. | 17 | | (4) The Director of Children and Family Services, or | 18 | | the Director's designee. | 19 | | (5) The Secretary of Human Services, or the | 20 | | Secretary's designee. | 21 | | (6) The Director of Public Health, or the Director's | 22 | | designee. | 23 | | (7) One member who is a licensed physician | 24 | | specializing in child abuse and neglect appointed by a | 25 | | statewide organization representing pediatricians. |
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| 1 | | (8) One member who is a licensed physician | 2 | | specializing in addiction medicine. | 3 | | (9) One member who is a licensed physician | 4 | | specializing in perinatal substance use disorder | 5 | | treatment. | 6 | | (10) One member who is a member of an Illinois Child | 7 | | Death Review Team. | 8 | | (11) One member who is a member of the Illinois | 9 | | Maternal Mortality Review Committee. | 10 | | (12) One member who is a licensed attorney with | 11 | | experience working in a family treatment court. | 12 | | (13) The Cook County Public Guardian, or the Cook | 13 | | County Public Guardian's designee. | 14 | | (14) One member from an organization that provides | 15 | | home visiting or early intervention services. | 16 | | (15) One member from a child welfare agency that | 17 | | provides intact family services. | 18 | | (16) One member with relevant lived experience. | 19 | | (17) One member who is an academic researcher who has | 20 | | studied maternal or perinatal substance use disorder and | 21 | | public health, and child welfare approaches to treatment | 22 | | and maternal and infant well-being. | 23 | | (18) One member from an organization conducting | 24 | | quality improvement initiatives to improve perinatal | 25 | | health. | 26 | | (19) One member who is a licensed |
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| 1 | | obstetrician-gynecologist, appointed by a statewide | 2 | | organization representing obstetrician-gynecologists in | 3 | | Illinois. | 4 | | (20) One member who is a licensed physician, appointed | 5 | | by a statewide association representing physicians. | 6 | | Section 20. Meetings; co-chairs; administrative support. | 7 | | All members appointed under Section 15 shall serve without | 8 | | compensation. Task Force members shall be appointed within 60 | 9 | | days after the effective date of this Act. The Task Force shall | 10 | | hold its initial meetings within 90 days after the effective | 11 | | date of this Act. The Task Force shall meet at least 4 times a | 12 | | year. The following individuals shall serve as co-chairs of | 13 | | the Task Force: (i) the physician specializing in perinatal | 14 | | substance use disorder treatment; and (ii) the physician | 15 | | specializing in child abuse and neglect. The Departments of | 16 | | Children and Family Services, Human Services, and Public | 17 | | Health shall provide any necessary administrative and other | 18 | | support to the Task Force. Any data provided by the | 19 | | Departments to the Task Force shall not contain any personally | 20 | | identifiable information of any clients or families in | 21 | | accordance with applicable confidentiality laws. The | 22 | | Departments shall facilitate the prompt and timely collection | 23 | | and provision of data as requested by or on behalf of the Task | 24 | | Force. | 25 | | The Task Force shall consult with an organization that |
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| 1 | | provides technical assistance to State child welfare systems | 2 | | in developing and implementing the family recovery plans | 3 | | requirement of the federal Child Abuse and Prevention | 4 | | Treatment Act. | 5 | | Section 25. Duties. The Task Force shall: | 6 | | (1) review models of family recovery plans that have | 7 | | been implemented in other states; | 8 | | (2) review research regarding implementation of family | 9 | | recovery plans care; | 10 | | (3) develop recommendations regarding the | 11 | | implementation of a family recovery plan model in | 12 | | Illinois, including developing an implementation plan and | 13 | | identifying any necessary policy, rule, or statutory | 14 | | changes. | 15 | | Section 30. Report. The Task Force shall produce and | 16 | | submit its recommendations to the General Assembly and the | 17 | | Governor within one year after the first meeting of the Task | 18 | | Force. | 19 | | Section 35. Repeal. The Task Force is dissolved, and this | 20 | | Act is repealed on, January 1, 2027. | 21 | | Section 105. The Abused and Neglected Child Reporting Act | 22 | | is amended by changing Section 3 and by adding Section 3.5 as |
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| 1 | | follows: | 2 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 3 | | Sec. 3. As used in this Act unless the context otherwise | 4 | | requires: | 5 | | "Adult resident" means any person between 18 and 22 years | 6 | | of age who resides in any facility licensed by the Department | 7 | | under the Child Care Act of 1969. For purposes of this Act, the | 8 | | criteria set forth in the definitions of "abused child" and | 9 | | "neglected child" shall be used in determining whether an | 10 | | adult resident is abused or neglected. | 11 | | "Agency" means a child care facility licensed under | 12 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 13 | | includes a transitional living program that accepts children | 14 | | and adult residents for placement who are in the guardianship | 15 | | of the Department. | 16 | | "Blatant disregard" means an incident where the real, | 17 | | significant, and imminent risk of harm would be so obvious to a | 18 | | reasonable parent or caretaker that it is unlikely that a | 19 | | reasonable parent or caretaker would have exposed the child to | 20 | | the danger without exercising precautionary measures to | 21 | | protect the child from harm. With respect to a person working | 22 | | at an agency in his or her professional capacity with a child | 23 | | or adult resident, "blatant disregard" includes a failure by | 24 | | the person to perform job responsibilities intended to protect | 25 | | the child's or adult resident's health, physical well-being, |
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| 1 | | or welfare, and, when viewed in light of the surrounding | 2 | | circumstances, evidence exists that would cause a reasonable | 3 | | person to believe that the child was neglected. With respect | 4 | | to an agency, "blatant disregard" includes a failure to | 5 | | implement practices that ensure the health, physical | 6 | | well-being, or welfare of the children and adult residents | 7 | | residing in the facility. | 8 | | "CAPTA notification" refers to notification to the
| 9 | | Department of an infant who has been born and identified as
| 10 | | affected by prenatal substance exposure or a fetal alcohol
| 11 | | spectrum disorder as required under the federal Child Abuse
| 12 | | Prevention and Treatment Act. | 13 | | "Child" means any person under the age of 18 years, unless | 14 | | legally
emancipated by reason of marriage or entry into a | 15 | | branch of the United
States armed services. | 16 | | "Department" means Department of Children and Family | 17 | | Services. | 18 | | "Local law enforcement agency" means the police of a city, | 19 | | town,
village or other incorporated area or the sheriff of an | 20 | | unincorporated
area or any sworn officer of the Illinois State | 21 | | Police. | 22 | | "Abused child"
means a child whose parent or immediate | 23 | | family
member,
or any person responsible for the child's | 24 | | welfare, or any individual
residing in the same home as the | 25 | | child, or a paramour of the child's parent: | 26 | | (a) inflicts, causes to be inflicted, or allows to be
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| 1 | | inflicted upon
such child physical injury, by other than | 2 | | accidental means, which causes
death, disfigurement, | 3 | | impairment of physical or
emotional health, or loss or | 4 | | impairment of any bodily function; | 5 | | (b) creates a substantial risk of physical injury to | 6 | | such
child by
other than accidental means which would be | 7 | | likely to cause death,
disfigurement, impairment of | 8 | | physical or emotional health, or loss or
impairment of any | 9 | | bodily function; | 10 | | (c) commits or allows to be committed any sex offense | 11 | | against
such child,
as such sex offenses are defined in | 12 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 13 | | and extending those definitions of sex offenses to include | 14 | | children under
18 years of age; | 15 | | (d) commits or allows to be committed an act or acts of
| 16 | | torture upon
such child; | 17 | | (e) inflicts excessive corporal punishment or, in the | 18 | | case of a person working for an agency who is prohibited | 19 | | from using corporal punishment, inflicts corporal | 20 | | punishment upon a child or adult resident with whom the | 21 | | person is working in his or her professional capacity; | 22 | | (f) commits or allows to be committed
the offense of
| 23 | | female
genital mutilation, as defined in Section 12-34 of | 24 | | the Criminal Code of
2012, against the child; | 25 | | (g) causes to be sold, transferred, distributed, or | 26 | | given to
such child
under 18 years of age, a controlled |
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| 1 | | substance as defined in Section 102 of the
Illinois | 2 | | Controlled Substances Act in violation of Article IV of | 3 | | the Illinois
Controlled Substances Act or in violation of | 4 | | the Methamphetamine Control and Community Protection Act, | 5 | | except for controlled substances that are prescribed
in | 6 | | accordance with Article III of the Illinois Controlled | 7 | | Substances Act and
are dispensed to such child in a manner | 8 | | that substantially complies with the
prescription; | 9 | | (h) commits or allows to be committed the offense of | 10 | | involuntary servitude, involuntary sexual servitude of a | 11 | | minor, or trafficking in persons as defined in Section | 12 | | 10-9 of the Criminal Code of 2012 against the child; or | 13 | | (i) commits the offense of grooming, as defined in | 14 | | Section 11-25 of the Criminal Code of 2012, against the | 15 | | child. | 16 | | A child shall not be considered abused for the sole reason | 17 | | that the child
has been relinquished in accordance with the | 18 | | Abandoned Newborn Infant
Protection Act. | 19 | | "Neglected child" means any child who is not receiving the | 20 | | proper or
necessary nourishment or medically indicated | 21 | | treatment including food or care
not provided solely on the | 22 | | basis of the present or anticipated mental or
physical | 23 | | impairment as determined by a physician acting alone or in
| 24 | | consultation with other physicians or otherwise is not | 25 | | receiving the proper or
necessary support or medical or other | 26 | | remedial care recognized under State law
as necessary for a |
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| 1 | | child's well-being, or other care necessary for his or her
| 2 | | well-being, including adequate food, clothing and shelter; or | 3 | | who is subjected to an environment which is injurious insofar | 4 | | as (i) the child's environment creates a likelihood of harm to | 5 | | the child's health, physical well-being, or welfare and (ii) | 6 | | the likely harm to the child is the result of a blatant | 7 | | disregard of parent, caretaker, person responsible for the | 8 | | child's welfare, or agency responsibilities; or who is | 9 | | abandoned
by his or her parents or other person responsible | 10 | | for the child's welfare
without a proper plan of care; or who | 11 | | has been provided with interim crisis intervention services | 12 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | 13 | | parent, guardian, or custodian refuses to
permit
the child to | 14 | | return home and no other living arrangement agreeable
to the | 15 | | parent, guardian, or custodian can be made, and the parent, | 16 | | guardian, or custodian has not made any other appropriate | 17 | | living arrangement for the child; or who is a newborn infant | 18 | | whose blood, urine,
or meconium
contains any amount of a | 19 | | controlled substance as defined in subsection (f) of
Section | 20 | | 102 of the Illinois Controlled Substances Act or a metabolite | 21 | | thereof,
with the exception of a controlled substance or | 22 | | metabolite thereof whose
presence in the newborn infant is the | 23 | | result of medical treatment administered
to the mother or the | 24 | | newborn infant. A child shall not be considered neglected
for | 25 | | the sole reason that the child's parent or other person | 26 | | responsible for his
or her welfare has left the child in the |
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| 1 | | care of an adult relative for any
period of time. A child shall | 2 | | not be considered neglected for the sole reason
that the child | 3 | | has been relinquished in accordance with the Abandoned Newborn
| 4 | | Infant Protection Act. A child shall not be considered | 5 | | neglected or abused
for the
sole reason that such child's | 6 | | parent or other person responsible for his or her
welfare | 7 | | depends upon spiritual means through prayer alone for the | 8 | | treatment or
cure of disease or remedial care as provided | 9 | | under Section 4 of this Act. A
child shall not be considered | 10 | | neglected or abused solely because the child is
not attending | 11 | | school in accordance with the requirements of Article 26 of | 12 | | The
School Code, as amended. | 13 | | "Child Protective Service Unit" means certain specialized | 14 | | State employees of
the Department assigned by the Director to | 15 | | perform the duties and
responsibilities as provided under | 16 | | Section 7.2 of this Act. | 17 | | "Near fatality" means an act that, as certified by a | 18 | | physician, places the child in serious or critical condition, | 19 | | including acts of great bodily harm inflicted upon children | 20 | | under 13 years of age, and as otherwise defined by Department | 21 | | rule. | 22 | | "Great bodily harm" includes bodily injury which creates a | 23 | | high probability of death, or which causes serious permanent | 24 | | disfigurement, or which causes a permanent or protracted loss | 25 | | or impairment of the function of any bodily member or organ, or | 26 | | other serious bodily harm. |
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| 1 | | "Person responsible for the child's welfare" means the | 2 | | child's parent;
guardian; foster parent; relative caregiver; | 3 | | any person responsible for the
child's welfare in a public or | 4 | | private residential agency or institution; any
person | 5 | | responsible for the child's welfare within a public or private | 6 | | profit or
not for profit child care facility; or any other | 7 | | person responsible for the
child's welfare at the time of the | 8 | | alleged abuse or neglect, including any person who commits or | 9 | | allows to be committed, against the child, the offense of | 10 | | involuntary servitude, involuntary sexual servitude of a | 11 | | minor, or trafficking in persons for forced labor or services, | 12 | | as provided in Section 10-9 of the Criminal Code of 2012, | 13 | | including, but not limited to, the custodian of the minor, or | 14 | | any person who
came to know the child through an official | 15 | | capacity or position of trust,
including, but not limited to, | 16 | | health care professionals, educational personnel,
recreational | 17 | | supervisors, members of the clergy, and volunteers or
support | 18 | | personnel in any setting
where children may be subject to | 19 | | abuse or neglect. | 20 | | "Temporary protective custody" means custody within a | 21 | | hospital or
other medical facility or a place previously | 22 | | designated for such custody
by the Department, subject to | 23 | | review by the Court, including a licensed
foster home, group | 24 | | home, or other institution; but such place shall not
be a jail | 25 | | or other place for the detention of criminal or juvenile | 26 | | offenders. |
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| 1 | | "An unfounded report" means any report made under this Act | 2 | | for which
it is determined after an investigation that no | 3 | | credible evidence of
abuse or neglect exists. | 4 | | "An indicated report" means a report made under this Act | 5 | | if an
investigation determines that credible evidence of the | 6 | | alleged
abuse or neglect exists. | 7 | | "An undetermined report" means any report made under this | 8 | | Act in
which it was not possible to initiate or complete an | 9 | | investigation on
the basis of information provided to the | 10 | | Department. | 11 | | "Subject of report" means any child reported to the | 12 | | central register
of child abuse and neglect established under | 13 | | Section 7.7 of this Act as an alleged victim of child abuse or | 14 | | neglect and
the parent or guardian of the alleged victim or | 15 | | other person responsible for the alleged victim's welfare who | 16 | | is named in the report or added to the report as an alleged | 17 | | perpetrator of child abuse or neglect. | 18 | | "Perpetrator" means a person who, as a result of | 19 | | investigation, has
been determined by the Department to have | 20 | | caused child abuse or neglect. | 21 | | "Member of the clergy" means a clergyman or practitioner | 22 | | of any religious
denomination accredited by the religious body | 23 | | to which he or she belongs. | 24 | | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | 25 | | 102-813, eff. 5-13-22.) |
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| 1 | | (325 ILCS 5/3.5 new) | 2 | | Sec. 3.5. CAPTA notification. The Department shall develop | 3 | | a standardized CAPTA notification form that is separate and | 4 | | distinct from the form for written confirmation reports of | 5 | | child abuse or neglect as described in Section 7 of this Act. A | 6 | | CAPTA notification shall not be treated as a report of | 7 | | suspected child abuse or neglect under this Act. CAPTA | 8 | | notifications shall not be recorded in the State Central | 9 | | Registry and shall not be discoverable or admissible as | 10 | | evidence in any proceeding pursuant to the Juvenile Court Act | 11 | | of 1987 or the Adoption Act unless the named party waives his | 12 | | or her right to confidentiality in writing.
| 13 | | (325 ILCS 5/4.4 rep.) | 14 | | Section 110. The Abused and Neglected Child Reporting Act | 15 | | is amended by repealing Section 4.4. | 16 | | Section 115. The Juvenile Court Act of 1987 is amended by | 17 | | changing Sections 2-3 and 2-18 as follows: | 18 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 19 | | Sec. 2-3. Neglected or abused minor. | 20 | | (1) Those who are neglected include: | 21 | | (a) any minor under 18 years of age or a minor 18 years | 22 | | of age or older for whom the court has made a finding of | 23 | | probable cause to believe that the minor is abused, |
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| 1 | | neglected, or dependent under subsection (1) of Section | 2 | | 2-10 prior to the minor's 18th birthday who is not | 3 | | receiving
the proper or necessary support, education as
| 4 | | required by law, or medical or other remedial care | 5 | | recognized under
State law as necessary for a minor's | 6 | | well-being, or other care necessary
for his or her | 7 | | well-being, including adequate food, clothing and shelter,
| 8 | | or who is abandoned by his or her parent or parents or | 9 | | other person or persons responsible for
the minor's | 10 | | welfare, except that a minor shall not be considered | 11 | | neglected
for the sole reason that the minor's parent or | 12 | | parents or other person or persons responsible for the
| 13 | | minor's welfare have left the minor in the care of an adult | 14 | | relative for any
period of time, who the parent or parents | 15 | | or other person responsible for the minor's welfare know | 16 | | is both a mentally capable adult relative and physically | 17 | | capable adult relative, as defined by this Act; or | 18 | | (b) any minor under 18 years of age or a minor 18 years | 19 | | of age or older for whom the court has made a finding of | 20 | | probable cause to believe that the minor is abused, | 21 | | neglected, or dependent under subsection (1) of Section | 22 | | 2-10 prior to the minor's 18th birthday whose environment | 23 | | is injurious
to his or her welfare; or | 24 | | (c) (blank) any newborn infant whose blood, urine, or | 25 | | meconium
contains 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, as now or hereafter amended, or | 2 | | a
metabolite of a controlled substance, with the exception | 3 | | of controlled
substances or metabolites of such | 4 | | substances, the presence of which in the
newborn infant is | 5 | | the result of medical treatment administered to the
mother | 6 | | or the newborn infant ; or | 7 | | (d) any minor under the age of 14 years whose parent or | 8 | | other person
responsible for the minor's welfare leaves | 9 | | the minor without
supervision for an unreasonable period | 10 | | of time without regard for the mental or
physical health, | 11 | | safety, or welfare of that minor; or | 12 | | (e) any minor who has been provided with interim | 13 | | crisis intervention
services under Section 3-5 of this Act | 14 | | and whose parent, guardian, or custodian
refuses to permit | 15 | | the minor to return home unless the minor is an immediate | 16 | | physical danger to himself, herself, or others living in | 17 | | the home.
| 18 | | Whether the minor was left without regard for the mental | 19 | | or physical health,
safety, or welfare of that minor or the | 20 | | period of time was unreasonable shall
be determined by | 21 | | considering the following factors, including but not limited
| 22 | | to: | 23 | | (1) the age of the minor; | 24 | | (2) the number of minors left at the location; | 25 | | (3) special needs of the minor, including whether the | 26 | | minor is a person with a physical or mental disability, or |
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| 1 | | otherwise in need of ongoing prescribed medical
treatment | 2 | | such as periodic doses of insulin or other medications; | 3 | | (4) the duration of time in which the minor was left | 4 | | without supervision; | 5 | | (5) the condition and location of the place where the | 6 | | minor was left
without supervision; | 7 | | (6) the time of day or night when the minor was left | 8 | | without supervision; | 9 | | (7) the weather conditions, including whether the | 10 | | minor was left in a
location with adequate protection from | 11 | | the natural elements such as adequate
heat or light; | 12 | | (8) the location of the parent or guardian at the time | 13 | | the minor was left
without supervision, the physical | 14 | | distance the minor was from the parent or
guardian at the | 15 | | time the minor was without supervision; | 16 | | (9) whether the minor's movement was restricted, or | 17 | | the minor was
otherwise locked within a room or other | 18 | | structure; | 19 | | (10) whether the minor was given a phone number of a | 20 | | person or location to
call in the event of an emergency and | 21 | | whether the minor was capable of making
an emergency call; | 22 | | (11) whether there was food and other provision left | 23 | | for the minor; | 24 | | (12) whether any of the conduct is attributable to | 25 | | economic hardship or
illness and the parent, guardian or | 26 | | other person having physical custody or
control of the |
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| 1 | | child made a good faith effort to provide for the health | 2 | | and
safety of the minor; | 3 | | (13) the age and physical and mental capabilities of | 4 | | the person or persons
who provided supervision for the | 5 | | minor; | 6 | | (14) whether the minor was left under the supervision | 7 | | of another person; | 8 | | (15) any other factor that would endanger the health | 9 | | and safety of that
particular minor. | 10 | | A minor shall not be considered neglected for the sole | 11 | | reason that the
minor has been relinquished in accordance with | 12 | | the Abandoned Newborn Infant
Protection Act. | 13 | | (2) Those who are abused include any minor under 18 years | 14 | | of age or a minor 18 years of age or older for whom the court | 15 | | has made a finding of probable cause to believe that the minor | 16 | | is abused, neglected, or dependent under subsection (1) of | 17 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 18 | | or immediate family member, or any person responsible
for the | 19 | | minor's welfare, or any person who is in the same family or | 20 | | household
as the minor, or any individual residing in the same | 21 | | home as the minor, or
a paramour of the minor's parent: | 22 | | (i) inflicts, causes to be inflicted, or allows to be | 23 | | inflicted upon
such minor physical injury, by other than | 24 | | accidental means, which causes death,
disfigurement, | 25 | | impairment of physical or emotional health, or loss or
| 26 | | impairment of any bodily function; |
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| 1 | | (ii) creates a substantial risk of physical injury to | 2 | | such minor by
other than accidental means which would be | 3 | | likely to cause death,
disfigurement, impairment of | 4 | | emotional health, or loss or impairment of any
bodily | 5 | | function; | 6 | | (iii) commits or allows to be committed any sex | 7 | | offense against such
minor, as such sex offenses are | 8 | | defined in the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012, or in the Wrongs to Children Act, and extending | 10 | | those definitions of sex offenses to include minors
under | 11 | | 18 years of age; | 12 | | (iv) commits or allows to be committed an act or acts | 13 | | of torture upon
such minor; | 14 | | (v) inflicts excessive corporal punishment; | 15 | | (vi) commits or allows to be committed the offense of | 16 | | involuntary servitude, involuntary sexual servitude of a | 17 | | minor, or trafficking in persons as defined in Section | 18 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 19 | | 2012, upon such minor; or | 20 | | (vii) allows, encourages or requires a minor to commit | 21 | | any act of prostitution, as defined in the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012, and extending those | 23 | | definitions to include minors under 18 years of age. | 24 | | A minor shall not be considered abused for the sole reason | 25 | | that the minor
has been relinquished in accordance with the | 26 | | Abandoned Newborn Infant
Protection Act. |
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| 1 | | (3) This Section does not apply to a minor who would be | 2 | | included
herein solely for the purpose of qualifying for | 3 | | financial assistance for
himself, his parents, guardian or | 4 | | custodian. | 5 | | (4) The changes made by this amendatory Act of the 101st | 6 | | General Assembly apply to a case that is pending on or after | 7 | | the effective date of this amendatory Act of the 101st General | 8 | | Assembly. | 9 | | (Source: P.A. 101-79, eff. 7-12-19.) | 10 | | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | 11 | | Sec. 2-18. Evidence. | 12 | | (1) At the adjudicatory hearing, the court shall first | 13 | | consider only the
question whether the minor is abused, | 14 | | neglected or dependent. The standard of
proof and the rules of | 15 | | evidence in the nature of civil proceedings in this
State are | 16 | | applicable to proceedings under this Article. If the petition | 17 | | also
seeks the appointment of a guardian of the person with
| 18 | | power to consent to adoption of the minor under Section 2-29, | 19 | | the court may
also consider legally admissible evidence at the | 20 | | adjudicatory hearing that one
or more grounds of unfitness | 21 | | exists under subdivision D of Section 1 of the
Adoption Act. | 22 | | (2) In any hearing under this Act, the following shall | 23 | | constitute prima
facie evidence of abuse or neglect, as the | 24 | | case may be: | 25 | | (a) proof that a minor has a medical diagnosis of |
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| 1 | | battered child syndrome
is prima facie evidence of abuse; | 2 | | (b) proof that a minor has a medical diagnosis of | 3 | | failure to thrive
syndrome is prima facie evidence of | 4 | | neglect; | 5 | | (c) (blank) proof that a minor has a medical diagnosis | 6 | | of fetal alcohol syndrome
is prima facie evidence of | 7 | | neglect ; | 8 | | (d) (blank) proof that a minor has a medical diagnosis | 9 | | at birth of withdrawal
symptoms from narcotics or | 10 | | barbiturates is prima facie evidence of neglect ; | 11 | | (e) proof of injuries sustained by a minor or of the | 12 | | condition of a minor
of such a nature as would ordinarily | 13 | | not be sustained or exist except by
reason of the acts or | 14 | | omissions of the parent, custodian or guardian of
such | 15 | | minor shall be prima facie evidence of abuse or neglect, | 16 | | as the case may
be; | 17 | | (f) proof that a parent, custodian or guardian of a | 18 | | minor repeatedly used
a drug, to the extent that it has or | 19 | | would ordinarily have the effect of
producing in the user | 20 | | a substantial state of stupor, unconsciousness,
| 21 | | intoxication, hallucination, disorientation or | 22 | | incompetence, or a
substantial impairment of judgment, or | 23 | | a substantial manifestation of
irrationality, shall be | 24 | | prima facie evidence of neglect; | 25 | | (g) proof that a parent, custodian, or guardian of a | 26 | | minor repeatedly
used a controlled substance, as defined |
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| 1 | | in subsection (f) of Section 102 of the
Illinois | 2 | | Controlled Substances Act, in the presence of the minor or | 3 | | a sibling
of the minor is prima facie evidence of neglect. | 4 | | "Repeated use", for the
purpose of this subsection, means | 5 | | more than one use of a controlled substance
as defined in | 6 | | subsection (f) of Section 102 of the Illinois Controlled
| 7 | | Substances Act; | 8 | | (h) (blank) proof that a newborn infant's blood, | 9 | | urine, or meconium contains any
amount of a controlled | 10 | | substance as defined in subsection (f) of Section 102 of
| 11 | | the Illinois Controlled Substances Act, or a metabolite of | 12 | | a controlled
substance, with the exception of controlled | 13 | | substances or metabolites of those
substances, the | 14 | | presence of which is the result of medical treatment
| 15 | | administered to the mother or the newborn, is prime facie | 16 | | evidence of
neglect ; | 17 | | (i) proof that a minor was present in a structure or | 18 | | vehicle in which the minor's parent, custodian, or | 19 | | guardian was involved in the manufacture of | 20 | | methamphetamine constitutes prima facie evidence of abuse | 21 | | and neglect;
| 22 | | (j) proof that a parent, custodian, or guardian of a | 23 | | minor allows, encourages, or requires a minor to perform, | 24 | | offer, or agree to perform any act of sexual penetration | 25 | | as defined in Section 11-0.1 of the Criminal Code of 2012 | 26 | | for any money, property, token, object, or article or |
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| 1 | | anything of value, or any touching or fondling of the sex | 2 | | organs of one person by another person, for any money, | 3 | | property, token, object, or article or anything of value, | 4 | | for the purpose of sexual arousal or gratification, | 5 | | constitutes prima facie evidence of abuse and neglect; | 6 | | (k) proof that a parent, custodian, or guardian of a | 7 | | minor commits or allows to be committed the offense of | 8 | | involuntary servitude, involuntary sexual servitude of a | 9 | | minor, or trafficking in persons as defined in Section | 10 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012, upon such minor, constitutes prima facie evidence of | 12 | | abuse and neglect. | 13 | | (3) In any hearing under this Act, proof of the abuse, | 14 | | neglect or dependency
of one minor shall be admissible | 15 | | evidence on the issue of the abuse, neglect or
dependency of | 16 | | any other minor for whom the respondent is responsible. | 17 | | (4) (a) Any writing, record, photograph or x-ray of any | 18 | | hospital or public
or private agency, whether in the form of an | 19 | | entry in a book or otherwise,
made as a memorandum or record of | 20 | | any condition, act, transaction, occurrence
or event relating | 21 | | to a minor in an abuse, neglect or
dependency proceeding, | 22 | | shall be
admissible in evidence as proof of that condition, | 23 | | act, transaction, occurrence
or event, if the court finds that | 24 | | the document was made in the regular course
of the business of | 25 | | the hospital or agency and that it was in the regular
course of | 26 | | such business to make it, at the time of the act, transaction,
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| 1 | | occurrence or event, or within a reasonable time thereafter. A | 2 | | certification
by the head or responsible employee of the | 3 | | hospital or agency that the writing,
record, photograph or | 4 | | x-ray is the full and complete record of the condition,
act, | 5 | | transaction, occurrence or event and that it satisfies the | 6 | | conditions
of this paragraph shall be prima facie evidence of | 7 | | the facts contained in
such certification. A certification by | 8 | | someone other than the head of the
hospital or agency shall be | 9 | | accompanied by a photocopy of a delegation of
authority signed | 10 | | by both the head of the hospital or agency and by such
other | 11 | | employee. All other circumstances of the making of the | 12 | | memorandum,
record, photograph or x-ray, including lack of | 13 | | personal knowledge of the
maker, may be proved to affect the | 14 | | weight to be accorded such evidence,
but shall not affect its | 15 | | admissibility. | 16 | | (b) Any indicated report filed pursuant to the Abused and | 17 | | Neglected Child
Reporting Act shall be admissible in evidence. | 18 | | (c) Previous statements made by the minor relating to any | 19 | | allegations
of abuse or neglect shall be admissible in | 20 | | evidence. However, no such
statement, if uncorroborated and | 21 | | not subject to cross-examination, shall be
sufficient in | 22 | | itself to support a finding of abuse or neglect. | 23 | | (d) There shall be a rebuttable presumption that a minor | 24 | | is competent
to testify in abuse or neglect proceedings. The | 25 | | court shall determine how
much weight to give to the minor's | 26 | | testimony, and may allow the minor to
testify in chambers with |
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| 1 | | only the court, the court reporter and attorneys
for the | 2 | | parties present. | 3 | | (e) The privileged character of communication between any | 4 | | professional
person and patient or client, except privilege | 5 | | between attorney and client,
shall not apply to proceedings | 6 | | subject to this Article. | 7 | | (f) Proof of the impairment of emotional health or | 8 | | impairment of mental
or emotional condition as a result of the | 9 | | failure of the respondent to exercise
a minimum degree of care | 10 | | toward a minor may include competent opinion or
expert | 11 | | testimony, and may include proof that such impairment lessened | 12 | | during
a period when the minor was in the care, custody or | 13 | | supervision of a person
or agency other than the respondent. | 14 | | (5) In any hearing under this Act alleging neglect for | 15 | | failure to
provide education as required by law under | 16 | | subsection (1) of Section 2-3,
proof that a minor under 13 | 17 | | years of age who is subject to compulsory
school attendance | 18 | | under the School Code is a chronic truant as defined
under the | 19 | | School Code shall be prima facie evidence of neglect by the
| 20 | | parent or guardian in any hearing under this Act and proof that | 21 | | a minor who
is 13 years of age or older who is subject to | 22 | | compulsory school attendance
under the School Code is a | 23 | | chronic truant shall raise a rebuttable
presumption of neglect | 24 | | by the parent or guardian. This subsection (5)
shall not apply | 25 | | in counties with 2,000,000 or more inhabitants. | 26 | | (6) In any hearing under this Act, the court may take |
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| 1 | | judicial notice of
prior sworn testimony or evidence admitted | 2 | | in prior proceedings involving
the same minor if (a) the | 3 | | parties were either represented by counsel at such
prior | 4 | | proceedings or the right to counsel was knowingly waived and | 5 | | (b) the
taking of judicial notice would not result in | 6 | | admitting hearsay evidence at a
hearing where it would | 7 | | otherwise be prohibited. | 8 | | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; | 9 | | 97-1150, eff. 1-25-13.) | 10 | | Section 120. The Adoption Act is amended by changing | 11 | | Section 1 as follows:
| 12 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 13 | | Sec. 1. Definitions. When used in this Act, unless the | 14 | | context
otherwise requires:
| 15 | | A. "Child" means a person under legal age subject to | 16 | | adoption under
this Act.
| 17 | | B. "Related child" means a child subject to adoption where | 18 | | either or both of
the adopting parents stands in any of the | 19 | | following relationships to the child
by blood, marriage, | 20 | | adoption, or civil union: parent, grand-parent, | 21 | | great-grandparent, brother, sister, step-parent,
| 22 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 23 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 24 | | person is related to the child as a first cousin or second |
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| 1 | | cousin if they are both related to the same ancestor as either | 2 | | grandchild or great-grandchild. A child whose parent has | 3 | | executed
a consent to adoption, a surrender, or a waiver | 4 | | pursuant to Section 10 of this Act or whose parent has signed a | 5 | | denial of paternity pursuant to Section 12 of the Vital | 6 | | Records Act or Section 12a of this Act, or whose parent has had | 7 | | his or her parental rights
terminated, is not a related child | 8 | | to that person, unless (1) the consent is
determined to be void | 9 | | or is void pursuant to subsection O of Section 10 of this Act;
| 10 | | or (2) the parent of the child executed a consent to adoption | 11 | | by a specified person or persons pursuant to subsection A-1 of | 12 | | Section 10 of this Act and a court of competent jurisdiction | 13 | | finds that such consent is void; or (3) the order terminating | 14 | | the parental rights of the parent is vacated by a court of | 15 | | competent jurisdiction.
| 16 | | C. "Agency" for the purpose of this Act means a public | 17 | | child welfare agency
or a licensed child welfare agency.
| 18 | | D. "Unfit person" means any person whom the court shall | 19 | | find to be unfit
to have a child, without regard to the | 20 | | likelihood that the child will be
placed for adoption. The | 21 | | grounds of unfitness are any one or more
of the following, | 22 | | except that a person shall not be considered an unfit
person | 23 | | for the sole reason that the person has relinquished a child in
| 24 | | accordance with the Abandoned Newborn Infant Protection Act:
| 25 | | (a) Abandonment of the child.
| 26 | | (a-1) Abandonment of a newborn infant in a hospital.
|
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| 1 | | (a-2) Abandonment of a newborn infant in any setting | 2 | | where the evidence
suggests that the parent intended to | 3 | | relinquish his or her parental rights.
| 4 | | (b) Failure to maintain a reasonable degree of | 5 | | interest, concern or
responsibility as to the child's | 6 | | welfare.
| 7 | | (c) Desertion of the child for more than 3 months next | 8 | | preceding the
commencement of the Adoption proceeding.
| 9 | | (d) Substantial neglect
of the
child if continuous or | 10 | | repeated.
| 11 | | (d-1) Substantial neglect, if continuous or repeated, | 12 | | of any child
residing in the household which resulted in | 13 | | the death of that child.
| 14 | | (e) Extreme or repeated cruelty to the child.
| 15 | | (f) There is a rebuttable presumption, which can be | 16 | | overcome only by clear and convincing evidence, that a | 17 | | parent is unfit if:
| 18 | | (1) Two or more findings of physical abuse have | 19 | | been entered regarding any children under Section 2-21 | 20 | | of the Juvenile Court Act
of 1987, the most recent of | 21 | | which was determined by the juvenile court
hearing the | 22 | | matter to be supported by clear and convincing | 23 | | evidence; or | 24 | | (2) The parent has been convicted or found not | 25 | | guilty by reason of insanity and the conviction or | 26 | | finding resulted from the death of any child by |
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| 1 | | physical abuse; or
| 2 | | (3) There is a finding of physical child abuse | 3 | | resulting from the death of any
child under Section | 4 | | 2-21 of the
Juvenile Court Act of 1987. | 5 | | No conviction or finding of delinquency pursuant to | 6 | | Article V of the Juvenile Court Act of 1987 shall be | 7 | | considered a criminal conviction for the purpose of | 8 | | applying any presumption under this item (f).
| 9 | | (g) Failure to protect the child from conditions | 10 | | within his environment
injurious to the child's welfare.
| 11 | | (h) Other neglect of, or misconduct toward the child; | 12 | | provided that in
making a finding of unfitness the court | 13 | | hearing the adoption proceeding
shall not be bound by any | 14 | | previous finding, order or judgment affecting
or | 15 | | determining the rights of the parents toward the child | 16 | | sought to be adopted
in any other proceeding except such | 17 | | proceedings terminating parental rights
as shall be had | 18 | | under either this Act, the Juvenile Court Act or
the | 19 | | Juvenile Court Act of 1987.
| 20 | | (i) Depravity. Conviction of any one of the following
| 21 | | crimes shall create a presumption that a parent is | 22 | | depraved which can be
overcome only by clear and | 23 | | convincing evidence:
(1) first degree murder in violation | 24 | | of paragraph (1) or (2)
of subsection (a) of Section 9-1 of | 25 | | the Criminal Code of 1961 or the Criminal Code of 2012 or | 26 | | conviction
of second degree murder in violation of |
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| 1 | | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | 2 | | or the Criminal Code of 2012 of a parent of the child to be | 3 | | adopted; (2)
first degree murder or second degree murder | 4 | | of any child in
violation of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012; (3)
attempt or conspiracy to | 6 | | commit first degree murder or second degree murder
of any | 7 | | child in violation of the Criminal Code of 1961 or the | 8 | | Criminal Code of 2012; (4)
solicitation to commit murder | 9 | | of any child, solicitation to
commit murder of any child | 10 | | for hire, or solicitation to commit second
degree murder | 11 | | of any child in violation of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012; (5)
predatory criminal sexual | 13 | | assault of a child in violation of
Section 11-1.40 or | 14 | | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012; (6) heinous battery of any child in violation of | 16 | | the Criminal Code of 1961; (7) aggravated battery of any | 17 | | child in violation of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012; (8) any violation of Section | 19 | | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012; (9) any violation of subsection | 21 | | (a) of Section 11-1.50 or Section 12-16 of the Criminal | 22 | | Code of 1961 or the Criminal Code of 2012; (10) any | 23 | | violation of Section 11-9.1 of the Criminal Code of 1961 | 24 | | or the Criminal Code of 2012; (11) any violation of | 25 | | Section 11-9.1A of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012; or (12) an offense in any other |
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| 1 | | state the elements of which are similar and bear a
| 2 | | substantial relationship to any of the enumerated offenses | 3 | | in this subsection (i).
| 4 | | There is a rebuttable presumption that a parent is | 5 | | depraved if the parent
has been criminally convicted of at | 6 | | least 3 felonies under the laws of this
State or any other | 7 | | state, or under federal law, or the criminal laws of any
| 8 | | United States territory; and at least
one of these
| 9 | | convictions took place within 5 years of the filing of the | 10 | | petition or motion
seeking termination of parental rights.
| 11 | | There is a rebuttable presumption that a parent is | 12 | | depraved if that
parent
has
been criminally convicted of | 13 | | either first or second degree murder of any person
as | 14 | | defined in the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012 within 10 years of the filing date of
the petition | 16 | | or motion to terminate parental rights. | 17 | | No conviction or finding of delinquency pursuant to | 18 | | Article 5 of the Juvenile Court Act of 1987 shall be | 19 | | considered a criminal conviction for the purpose of | 20 | | applying any presumption under this item (i).
| 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 | 25 | | year immediately
prior to the commencement of the | 26 | | unfitness proceeding.
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| 1 | | There is a rebuttable presumption that a parent is | 2 | | unfit under this
subsection
with respect to any child to | 3 | | which that parent gives birth where there is a
confirmed
| 4 | | test result that at birth the child's blood, urine, or | 5 | | meconium contained any
amount of a controlled substance as | 6 | | defined in subsection (f) of Section 102 of
the Illinois | 7 | | Controlled Substances Act or metabolites of such | 8 | | substances, the
presence of which in the newborn infant | 9 | | was not the result of medical treatment
administered to | 10 | | the mother or the newborn infant; and the biological | 11 | | mother of
this child is the biological mother of at least | 12 | | one other child who was
adjudicated a neglected minor | 13 | | under subsection (c) of Section 2-3 of the
Juvenile Court | 14 | | Act of 1987.
| 15 | | (l) Failure to demonstrate a reasonable degree of | 16 | | interest, concern or
responsibility as to the welfare of a | 17 | | new born child during the first 30
days after its birth.
| 18 | | (m) Failure by a parent (i) to make reasonable efforts | 19 | | to correct the
conditions that were the basis for the | 20 | | removal of the child from the
parent during any 9-month | 21 | | period following the adjudication of neglected or abused | 22 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 23 | | or dependent minor under Section 2-4 of that Act, or (ii) | 24 | | to make reasonable progress
toward the return of the
child | 25 | | to the parent during any 9-month period following the | 26 | | adjudication of
neglected or abused minor under Section |
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| 1 | | 2-3 of the Juvenile Court
Act of 1987 or dependent minor | 2 | | under Section 2-4 of that Act.
If a service plan has been | 3 | | established as
required under
Section 8.2 of the Abused | 4 | | and Neglected Child Reporting Act to correct the
| 5 | | conditions that were the basis for the removal of the | 6 | | child from the parent
and if those services were | 7 | | available,
then, for purposes of this Act, "failure to | 8 | | make reasonable progress toward the
return of the child to | 9 | | the parent" includes the parent's failure to substantially | 10 | | fulfill his or her obligations
under
the service plan and | 11 | | correct the conditions that brought the child into care
| 12 | | during any 9-month period
following the adjudication under | 13 | | Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 14 | | Notwithstanding any other provision, when a petition or | 15 | | motion seeks to terminate parental rights on the basis of | 16 | | item (ii) of this subsection (m), the petitioner shall | 17 | | file with the court and serve on the parties a pleading | 18 | | that specifies the 9-month period or periods relied on. | 19 | | The pleading shall be filed and served on the parties no | 20 | | later than 3 weeks before the date set by the court for | 21 | | closure of discovery, and the allegations in the pleading | 22 | | shall be treated as incorporated into the petition or | 23 | | motion. Failure of a respondent to file a written denial | 24 | | of the allegations in the pleading shall not be treated as | 25 | | an admission that the allegations are true.
| 26 | | (m-1) (Blank).
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| 1 | | (n) Evidence of intent to forgo his or her parental | 2 | | rights,
whether or
not the child is a ward of the court, | 3 | | (1) as manifested
by his or her failure for a period of 12 | 4 | | months: (i) to visit the child,
(ii) to communicate with | 5 | | the child or agency, although able to do so and
not | 6 | | prevented from doing so by an agency or by court order, or | 7 | | (iii) to
maintain contact with or plan for the future of | 8 | | the child, although physically
able to do so, or (2) as | 9 | | manifested by the father's failure, where he
and the | 10 | | mother of the child were unmarried to each other at the | 11 | | time of the
child's birth, (i) to commence legal | 12 | | proceedings to establish his paternity
under the Illinois | 13 | | Parentage Act of 1984, the Illinois Parentage Act of 2015, | 14 | | or the law of the jurisdiction of
the child's birth within | 15 | | 30 days of being informed, pursuant to Section 12a
of this | 16 | | Act, that he is the father or the likely father of the | 17 | | child or,
after being so informed where the child is not | 18 | | yet born, within 30 days of
the child's birth, or (ii) to | 19 | | make a good faith effort to pay a reasonable
amount of the | 20 | | expenses related to the birth of the child and to provide a
| 21 | | reasonable amount for the financial support of the child, | 22 | | the court to
consider in its determination all relevant | 23 | | circumstances, including the
financial condition of both | 24 | | parents; provided that the ground for
termination provided | 25 | | in this subparagraph (n)(2)(ii) shall only be
available | 26 | | where the petition is brought by the mother or the husband |
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| 1 | | of
the mother.
| 2 | | Contact or communication by a parent with his or her | 3 | | child that does not
demonstrate affection and concern does | 4 | | not constitute reasonable contact
and planning under | 5 | | subdivision (n). In the absence of evidence to the
| 6 | | contrary, the ability to visit, communicate, maintain | 7 | | contact, pay
expenses and plan for the future shall be | 8 | | presumed. The subjective intent
of the parent, whether | 9 | | expressed or otherwise, unsupported by evidence of
the | 10 | | foregoing parental acts manifesting that intent, shall not | 11 | | preclude a
determination that the parent has intended to | 12 | | forgo his or her
parental
rights. In making this | 13 | | determination, the court may consider but shall not
| 14 | | require a showing of diligent efforts by an authorized | 15 | | agency to encourage
the parent to perform the acts | 16 | | specified in subdivision (n).
| 17 | | It shall be an affirmative defense to any allegation | 18 | | under paragraph
(2) of this subsection that the father's | 19 | | failure was due to circumstances
beyond his control or to | 20 | | impediments created by the mother or any other
person | 21 | | having legal custody. Proof of that fact need only be by a
| 22 | | preponderance of the evidence.
| 23 | | (o) Repeated or continuous failure by the parents, | 24 | | although physically
and financially able, to provide the | 25 | | child with adequate food, clothing,
or shelter.
| 26 | | (p) Inability to discharge parental responsibilities |
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| 1 | | supported by
competent evidence from a psychiatrist, | 2 | | licensed clinical social
worker, or clinical psychologist | 3 | | of mental
impairment, mental illness or an intellectual | 4 | | disability as defined in Section
1-116 of the Mental | 5 | | Health and Developmental Disabilities Code, or
| 6 | | developmental disability as defined in Section 1-106 of | 7 | | that Code, and
there is sufficient justification to | 8 | | believe that the inability to
discharge parental | 9 | | responsibilities shall extend beyond a reasonable
time | 10 | | period. However, this subdivision (p) shall not be | 11 | | construed so as to
permit a licensed clinical social | 12 | | worker to conduct any medical diagnosis to
determine | 13 | | mental illness or mental impairment.
| 14 | | (q) (Blank).
| 15 | | (r) The child is in the temporary custody or | 16 | | guardianship of the
Department of Children and Family | 17 | | Services, the parent is incarcerated as a
result of | 18 | | criminal conviction at the time the petition or motion for
| 19 | | termination of parental rights is filed, prior to | 20 | | incarceration the parent had
little or no contact with the | 21 | | child or provided little or no support for the
child, and | 22 | | the parent's incarceration will prevent the parent from | 23 | | discharging
his or her parental responsibilities for the | 24 | | child for a period in excess of 2
years after the filing of | 25 | | the petition or motion for termination of parental
rights.
| 26 | | (s) The child is in the temporary custody or |
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| 1 | | guardianship of the
Department of Children and Family | 2 | | Services, the parent is incarcerated at the
time the | 3 | | petition or motion for termination of parental rights is | 4 | | filed, the
parent has been repeatedly incarcerated as a | 5 | | result of criminal convictions,
and the parent's repeated | 6 | | incarceration has prevented the parent from
discharging | 7 | | his or her parental responsibilities for the child.
| 8 | | (t) (Blank). A finding that at birth the child's | 9 | | blood,
urine, or meconium contained any amount of a | 10 | | controlled substance as
defined in subsection (f) of | 11 | | Section 102 of the Illinois Controlled Substances
Act, or | 12 | | a metabolite of a controlled substance, with the exception | 13 | | of
controlled substances or metabolites of such | 14 | | substances, the presence of which
in the newborn infant | 15 | | was the result of medical treatment administered to the
| 16 | | mother or the newborn infant, and that the biological | 17 | | mother of this child is
the biological mother of at least | 18 | | one other child who was adjudicated a
neglected minor | 19 | | under subsection (c) of Section 2-3 of the Juvenile Court | 20 | | Act
of 1987, after which the biological mother had the | 21 | | opportunity to enroll in
and participate in a clinically | 22 | | appropriate substance abuse
counseling, treatment, and | 23 | | rehabilitation program.
| 24 | | E. "Parent" means a person who is the legal mother or legal | 25 | | father of the child as defined in subsection X or Y of this | 26 | | Section. For the purpose of this Act, a parent who has executed |
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| 1 | | a consent to adoption, a surrender, or a waiver pursuant to | 2 | | Section 10 of this Act, who has signed a Denial of Paternity | 3 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 4 | | of this Act, or whose parental rights have been terminated by a | 5 | | court, is not a parent of the child who was the subject of the | 6 | | consent, surrender, waiver, or denial unless (1) the consent | 7 | | is void pursuant to subsection O of Section 10 of this Act; or | 8 | | (2) the person executed a consent to adoption by a specified | 9 | | person or persons pursuant to subsection A-1 of Section 10 of | 10 | | this Act and a court of competent jurisdiction finds that the | 11 | | consent is void; or (3) the order terminating the parental | 12 | | rights of the person is vacated by a court of competent | 13 | | jurisdiction.
| 14 | | F. A person is available for adoption when the person is:
| 15 | | (a) a child who has been surrendered for adoption to | 16 | | an agency and to
whose adoption the agency has thereafter | 17 | | consented;
| 18 | | (b) a child to whose adoption a person authorized by | 19 | | law, other than his
parents, has consented, or to whose | 20 | | adoption no consent is required pursuant
to Section 8 of | 21 | | this Act;
| 22 | | (c) a child who is in the custody of persons who intend | 23 | | to adopt him
through placement made by his parents;
| 24 | | (c-1) a child for whom a parent has signed a specific | 25 | | consent pursuant
to subsection O of Section 10;
| 26 | | (d) an adult who meets the conditions set forth in |
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| 1 | | Section 3 of this
Act; or
| 2 | | (e) a child who has been relinquished as defined in | 3 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 4 | | A person who would otherwise be available for adoption | 5 | | shall not be
deemed unavailable for adoption solely by reason | 6 | | of his or her death.
| 7 | | G. The singular includes the plural and the plural | 8 | | includes
the singular and the "male" includes the "female", as | 9 | | the context of this
Act may require.
| 10 | | H. (Blank).
| 11 | | I. "Habitual residence" has the meaning ascribed to it in | 12 | | the federal Intercountry Adoption Act of 2000 and regulations | 13 | | promulgated thereunder.
| 14 | | J. "Immediate relatives" means the biological parents, the | 15 | | parents of
the biological parents and siblings of the | 16 | | biological parents.
| 17 | | K. "Intercountry adoption" is a process by which a child | 18 | | from a country
other than the United States is adopted by | 19 | | persons who are habitual residents of the United States, or | 20 | | the child is a habitual resident of the United States who is | 21 | | adopted by persons who are habitual residents of a country | 22 | | other than the United States.
| 23 | | L. (Blank).
| 24 | | M. "Interstate Compact on the Placement of Children" is a | 25 | | law enacted by all
states and certain territories for the | 26 | | purpose of establishing uniform procedures for handling
the |
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| 1 | | interstate placement of children in foster homes, adoptive | 2 | | homes, or
other child care facilities.
| 3 | | N. (Blank).
| 4 | | O. "Preadoption requirements" means any conditions or | 5 | | standards established by the laws or administrative rules of | 6 | | this State that must be met by a prospective adoptive parent
| 7 | | prior to the placement of a child in an adoptive home.
| 8 | | P. "Abused child" means a child whose parent or immediate | 9 | | family member,
or any person responsible for the child's | 10 | | welfare, or any individual
residing in the same home as the | 11 | | child, or a paramour of the child's parent:
| 12 | | (a) inflicts, causes to be inflicted, or allows to be | 13 | | inflicted upon
the child physical injury, by other than | 14 | | accidental means, that causes
death, disfigurement, | 15 | | impairment of physical or emotional health, or loss
or | 16 | | impairment of any bodily function;
| 17 | | (b) creates a substantial risk of physical injury to | 18 | | the child by
other than accidental means which would be | 19 | | likely to cause death,
disfigurement, impairment of | 20 | | physical or emotional health, or loss or
impairment of any | 21 | | bodily function;
| 22 | | (c) commits or allows to be committed any sex offense | 23 | | against the child,
as sex offenses are defined in the | 24 | | Criminal Code of 2012
and extending those definitions of | 25 | | sex offenses to include children under
18 years of age;
| 26 | | (d) commits or allows to be committed an act or acts of |
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| 1 | | torture upon
the child; or
| 2 | | (e) inflicts excessive corporal punishment.
| 3 | | Q. "Neglected child" means any child whose parent or other | 4 | | person
responsible for the child's welfare withholds or denies | 5 | | nourishment or
medically indicated treatment including food or | 6 | | care denied solely on the
basis of the present or anticipated | 7 | | mental or physical impairment as determined
by a physician | 8 | | acting alone or in consultation with other physicians or
| 9 | | otherwise does not provide the proper or necessary support, | 10 | | education
as required by law, or medical or other remedial | 11 | | care recognized under State
law as necessary for a child's | 12 | | well-being, or other care necessary for his
or her well-being, | 13 | | including adequate food, clothing and shelter; or who
is | 14 | | abandoned by his or her parents or other person responsible | 15 | | for the child's
welfare.
| 16 | | A child shall not be considered neglected or abused for | 17 | | the
sole reason that the child's parent or other person | 18 | | responsible for his
or her welfare depends upon spiritual | 19 | | means through prayer alone for the
treatment or cure of | 20 | | disease or remedial care as provided under Section 4
of the | 21 | | Abused and Neglected Child Reporting Act.
A child shall not be | 22 | | considered neglected or abused for the sole reason that
the | 23 | | child's parent or other person responsible for the child's | 24 | | welfare failed
to vaccinate, delayed vaccination, or refused | 25 | | vaccination for the child
due to a waiver on religious or | 26 | | medical grounds as permitted by law.
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| 1 | | R. "Putative father" means a man who may be a child's | 2 | | father, but who (1) is
not married to the child's mother on or | 3 | | before the date that the child was or
is to be born and (2) has | 4 | | not established paternity of the child in a court
proceeding | 5 | | before the filing of a petition for the adoption of the child. | 6 | | The
term includes a male who is less than 18 years of age. | 7 | | "Putative father" does
not mean a man who is the child's father | 8 | | as a result of criminal sexual abuse
or assault as defined | 9 | | under Article 11 of the Criminal Code of 2012.
| 10 | | S. "Standby adoption" means an adoption in which a parent
| 11 | | consents to custody and termination of parental rights to | 12 | | become
effective upon the occurrence of a future event, which | 13 | | is either the death of
the
parent or the request of the parent
| 14 | | for the entry of a final judgment of adoption.
| 15 | | T. (Blank).
| 16 | | T-5. "Biological parent", "birth parent", or "natural | 17 | | parent" of a child are interchangeable terms that mean a | 18 | | person who is biologically or genetically related to that | 19 | | child as a parent. | 20 | | U. "Interstate adoption" means the placement of a minor | 21 | | child with a prospective adoptive parent for the purpose of | 22 | | pursuing an adoption for that child that is subject to the | 23 | | provisions of the Interstate Compact on the Placement of | 24 | | Children. | 25 | | V. (Blank). | 26 | | W. (Blank). |
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| 1 | | X. "Legal father" of a child means a man who is recognized | 2 | | as or presumed to be that child's father: | 3 | | (1) because of his marriage to or civil union with the | 4 | | child's parent at the time of the child's birth or within | 5 | | 300 days prior to that child's birth, unless he signed a | 6 | | denial of paternity pursuant to Section 12 of the Vital | 7 | | Records Act or a waiver pursuant to Section 10 of this Act; | 8 | | or | 9 | | (2) because his paternity of the child has been | 10 | | established pursuant to the Illinois Parentage Act, the | 11 | | Illinois Parentage Act of 1984, or the Gestational | 12 | | Surrogacy Act; or | 13 | | (3) because he is listed as the child's father or | 14 | | parent on the child's birth certificate, unless he is | 15 | | otherwise determined by an administrative or judicial | 16 | | proceeding not to be the parent of the child or unless he | 17 | | rescinds his acknowledgment of paternity pursuant to the | 18 | | Illinois Parentage Act of 1984; or | 19 | | (4) because his paternity or adoption of the child has | 20 | | been established by a court of competent jurisdiction. | 21 | | The definition in this subsection X shall not be construed | 22 | | to provide greater or lesser rights as to the number of parents | 23 | | who can be named on a final judgment order of adoption or | 24 | | Illinois birth certificate that otherwise exist under Illinois | 25 | | law. | 26 | | Y. "Legal mother" of a child means a woman who is |
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| 1 | | recognized as or presumed to be that child's mother: | 2 | | (1) because she gave birth to the child except as | 3 | | provided in the Gestational Surrogacy Act; or | 4 | | (2) because her maternity of the child has been | 5 | | established pursuant to the Illinois Parentage Act of 1984 | 6 | | or the Gestational Surrogacy Act; or | 7 | | (3) because her maternity or adoption of the child has | 8 | | been established by a court of competent jurisdiction; or | 9 | | (4) because of her marriage to or civil union with the | 10 | | child's other parent at the time of the child's birth or | 11 | | within 300 days prior to the time of birth; or | 12 | | (5) because she is listed as the child's mother or | 13 | | parent on the child's birth certificate unless she is | 14 | | otherwise determined by an administrative or judicial | 15 | | proceeding not to be the parent of the child. | 16 | | The definition in this subsection Y shall not be construed | 17 | | to provide greater or lesser rights as to the number of parents | 18 | | who can be named on a final judgment order of adoption or | 19 | | Illinois birth certificate that otherwise exist under Illinois | 20 | | law. | 21 | | Z. "Department" means the Illinois Department of Children | 22 | | and Family Services. | 23 | | AA. "Placement disruption" means a circumstance where the | 24 | | child is removed from an adoptive placement before the | 25 | | adoption is finalized. | 26 | | BB. "Secondary placement" means a placement, including but |
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| 1 | | not limited to the placement of a youth in care as defined in | 2 | | Section 4d of the Children and Family Services Act, that | 3 | | occurs after a placement disruption or an adoption | 4 | | dissolution. "Secondary placement" does not mean secondary | 5 | | placements arising due to the death of the adoptive parent of | 6 | | the child. | 7 | | CC. "Adoption dissolution" means a circumstance where the | 8 | | child is removed from an adoptive placement after the adoption | 9 | | is finalized. | 10 | | DD. "Unregulated placement" means the secondary placement | 11 | | of a child that occurs without the oversight of the courts, the | 12 | | Department, or a licensed child welfare agency. | 13 | | EE. "Post-placement and post-adoption support services" | 14 | | means support services for placed or adopted children and | 15 | | families that include, but are not limited to, mental health | 16 | | treatment, including counseling and other support services for | 17 | | emotional, behavioral, or developmental needs, and treatment | 18 | | for substance abuse. | 19 | | FF. "Youth in care" has the meaning provided in Section 4d | 20 | | of the Children and Family Services Act. | 21 | | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | 22 | | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .)
| 23 | | Section 999. Effective date. This Act takes effect upon | 24 | | becoming law.".
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