Full Text of SB3136 103rd General Assembly
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| 1 | | AN ACT concerning children. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the Family | 5 | | 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 | 17 | | the development, provision, and monitoring of family recovery | 18 | | plans. | 19 | | Section 10. Findings. The General Assembly finds the | 20 | | following: | 21 | | (1) During pregnancy, substance use is a leading cause | 22 | | of maternal death and is associated with poor birth |
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| 1 | | outcomes, including fetal growth restriction, fetal death, | 2 | | and preterm labor. | 3 | | (2) Pregnant people with substance use disorders are | 4 | | less likely to seek treatment or report substance use due | 5 | | to fear of criminalization, shame, and judgment; they may | 6 | | also avoid seeking care within the health care system due | 7 | | to fear of being reported to the child welfare system and | 8 | | subsequent removal of their children. | 9 | | (3) The American College of Obstetrics and | 10 | | Gynecologists and the Illinois Perinatal Quality | 11 | | Collaborative recommend identifying pregnant people with | 12 | | substance use disorders through universal self-reporting | 13 | | screening, brief intervention, and referral to specialized | 14 | | care for treatment. | 15 | | (4) Pregnant and parenting individuals with a | 16 | | substance use disorder should be encouraged to receive | 17 | | evidence-based treatment and not suffer punitive actions | 18 | | for starting or continuing treatment, including when | 19 | | medications for opioid use disorder are part of the | 20 | | treatment protocol. | 21 | | (5) There is a pressing need for increasing access to | 22 | | evidence-based treatment for substance use disorders and | 23 | | supportive care for families, including the appropriate | 24 | | use of family needs assessments and family recovery plans. | 25 | | (6) The cooperation and coordination of supportive | 26 | | services for pregnant, peripartum, and postpartum |
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| 1 | | individuals and families are essential to help newborns | 2 | | and children and to encourage and support treatment, | 3 | | recovery, and a safe and healthy environment for children | 4 | | and the family. | 5 | | (7) There is a need for a coordinated, public health, | 6 | | and service-integrated response by various agencies in | 7 | | this State's health and child welfare systems to work | 8 | | together to ensure the safety and well-being of infants | 9 | | with prenatal substance exposure and pregnant and birthing | 10 | | people with substance use disorders by developing, | 11 | | implementing, and monitoring a family recovery plan | 12 | | approach that addresses the health and substance use | 13 | | treatment and recovery needs of the infant and affected | 14 | | family or caregiver. | 15 | | Section 15. Composition. The Family Recovery Plan | 16 | | Implementation Task Force is created within the Department of | 17 | | Human Services and shall consist of members appointed as | 18 | | follows: | 19 | | (1) The President of the Senate, or his or her | 20 | | designee, shall appoint: one member of the Senate; one | 21 | | member representing a statewide organization that | 22 | | advocates on behalf of community-based services for | 23 | | children and families; and one member from a statewide | 24 | | organization representing a majority of hospitals. | 25 | | (2) The Senate Minority Leader, or his or her |
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| 1 | | designee, shall appoint: one member of the Senate; one | 2 | | member from an organization conducting quality improvement | 3 | | initiatives to improve perinatal health; one member with | 4 | | relevant lived experience, as recommended by a | 5 | | reproductive justice advocacy organization with expertise | 6 | | in perinatal and infant health and birth equity. | 7 | | (3) The Speaker of the House of Representatives, or | 8 | | his or her designee, shall appoint: one member of the | 9 | | House of Representatives; one member who is a licensed | 10 | | obstetrician-gynecologist, as recommended by a statewide | 11 | | organization representing obstetricians and | 12 | | gynecologists; one member with relevant lived experience, | 13 | | as recommended by a reproductive justice advocacy | 14 | | organization with expertise in perinatal and infant health | 15 | | and birth equity. | 16 | | (4) The House Minority Leader, or his or her designee, | 17 | | shall appoint: one member of the House of Representatives; | 18 | | one member who is a licensed physician specializing in | 19 | | child abuse and neglect, as recommended by a statewide | 20 | | organization representing pediatricians; and one member | 21 | | who is a licensed physician specializing in perinatal | 22 | | substance use disorder treatment, as recommended by a | 23 | | statewide organization representing physicians. | 24 | | (5) The Director of Children and Family Services, or | 25 | | the Director's designee. | 26 | | (6) The exclusive collective bargaining representative |
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| 1 | | of the majority of front-line employees at the Department | 2 | | of Children and Family Services, or the representative's | 3 | | designee. | 4 | | (7) The Secretary of Human Services, or the | 5 | | Secretary's designee. | 6 | | (8) The Director of Public Health, or the Director's | 7 | | designee. | 8 | | (9) The Cook County Public Guardian, or the Cook | 9 | | County Public Guardian's designee. | 10 | | Section 20. Meetings; co-chairs; administrative support. | 11 | | All members appointed under Section 15 shall serve without | 12 | | compensation. Task Force members shall be appointed within 60 | 13 | | days after the effective date of this Act. The Task Force shall | 14 | | hold its initial meetings within 90 days after the effective | 15 | | date of this Act. The Task Force shall meet at least 4 times a | 16 | | year. A majority of the members of the Task Force shall | 17 | | constitute a quorum. The following individuals shall serve as | 18 | | co-chairs of the Task Force: (i) the physician specializing in | 19 | | perinatal substance use disorder treatment; and (ii) the | 20 | | physician specializing in child abuse and neglect. The | 21 | | Department of Human Services shall provide staff and any | 22 | | necessary administrative and other support to the Task Force. | 23 | | Any data provided by the Departments of Children and Family | 24 | | Services, Human Services, and Public Health to the Task Force | 25 | | shall not contain any personally identifiable information of |
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| 1 | | any clients or families in accordance with applicable | 2 | | confidentiality laws. The Departments shall facilitate the | 3 | | prompt and timely collection and provision of data as | 4 | | requested by or on behalf of the Task Force. | 5 | | The Task Force shall consult with an organization that | 6 | | provides technical assistance to State child welfare systems | 7 | | in developing and implementing the family recovery plans | 8 | | requirement of the federal Child Abuse and Prevention | 9 | | Treatment Act. | 10 | | Section 25. Duties. The Task Force shall: | 11 | | (1) review models of family recovery plans that have | 12 | | been implemented in other states; | 13 | | (2) review research regarding implementation of family | 14 | | recovery plans care; | 15 | | (3) develop recommendations regarding the | 16 | | implementation of a family recovery plan model in | 17 | | Illinois, including developing implementation, | 18 | | monitoring, and reporting plans and identifying any | 19 | | necessary policy, rule, or statutory changes, and | 20 | | identifying any additional healthcare service coverage and | 21 | | reimbursement that would facilitate access to care; | 22 | | (4) review and develop recommendations to replace | 23 | | punitive policies with notification policies requiring | 24 | | health care professionals to notify the Department of | 25 | | Children and Family Services in accordance with Section 7 |
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| 1 | | of the Abused and Neglected Child Reporting Act and | 2 | | Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and | 3 | | Treatment Act (Public Law 93-247) based solely on a | 4 | | positive toxicology screen of the newborn; | 5 | | (5) solicit feedback from stakeholders and advocates | 6 | | to inform Task Force recommendations as necessary, | 7 | | including soliciting feedback from members with experience | 8 | | working in a hospital with licensed obstetrical beds and | 9 | | members with experience from a small and rural or critical | 10 | | access hospital with licensed obstetrical beds. | 11 | | Section 30. Report. The Task Force shall produce and | 12 | | submit its recommendations to the General Assembly and the | 13 | | Governor within one year after the first meeting of the Task | 14 | | Force. | 15 | | Section 35. Repeal. The Task Force is dissolved, and this | 16 | | Act is repealed on, January 1, 2027. | 17 | | (325 ILCS 5/4.4 rep.) | 18 | | Section 110. The Abused and Neglected Child Reporting Act | 19 | | is amended by repealing Section 4.4. | 20 | | Section 120. The Adoption Act is amended by changing | 21 | | Section 1 as follows: |
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| 1 | | (750 ILCS 50/1) (from Ch. 40, par. 1501) | 2 | | Sec. 1. Definitions. When used in this Act, unless the | 3 | | context otherwise requires: | 4 | | A. "Child" means a person under legal age subject to | 5 | | adoption under this Act. | 6 | | B. "Related child" means a child subject to adoption where | 7 | | either or both of the adopting parents stands in any of the | 8 | | following relationships to the child by blood, marriage, | 9 | | adoption, or civil union: parent, grand-parent, | 10 | | great-grandparent, brother, sister, step-parent, | 11 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 12 | | great-uncle, great-aunt, first cousin, or second cousin. A | 13 | | person is related to the child as a first cousin or second | 14 | | cousin if they are both related to the same ancestor as either | 15 | | grandchild or great-grandchild. A child whose parent has | 16 | | executed a consent to adoption, a surrender, or a waiver | 17 | | pursuant to Section 10 of this Act or whose parent has signed a | 18 | | denial of paternity pursuant to Section 12 of the Vital | 19 | | Records Act or Section 12a of this Act, or whose parent has had | 20 | | his or her parental rights terminated, is not a related child | 21 | | to that person, unless (1) the consent is determined to be void | 22 | | or is void pursuant to subsection O of Section 10 of this Act; | 23 | | or (2) the parent of the child executed a consent to adoption | 24 | | by a specified person or persons pursuant to subsection A-1 of | 25 | | Section 10 of this Act and a court of competent jurisdiction | 26 | | finds that such consent is void; or (3) the order terminating |
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| 1 | | the parental rights of the parent is vacated by a court of | 2 | | competent jurisdiction. | 3 | | C. "Agency" for the purpose of this Act means a public | 4 | | child welfare agency or a licensed child welfare agency. | 5 | | D. "Unfit person" means any person whom the court shall | 6 | | find to be unfit to have a child, without regard to the | 7 | | likelihood that the child will be placed for adoption. The | 8 | | grounds of unfitness are any one or more of the following, | 9 | | except that a person shall not be considered an unfit person | 10 | | for the sole reason that the person has relinquished a child in | 11 | | accordance with the Abandoned Newborn Infant Protection Act: | 12 | | (a) Abandonment of the child. | 13 | | (a-1) Abandonment of a newborn infant in a hospital. | 14 | | (a-2) Abandonment of a newborn infant in any setting | 15 | | where the evidence suggests that the parent intended to | 16 | | relinquish his or her parental rights. | 17 | | (b) Failure to maintain a reasonable degree of | 18 | | interest, concern or responsibility as to the child's | 19 | | welfare. | 20 | | (c) Desertion of the child for more than 3 months next | 21 | | preceding the commencement of the Adoption proceeding. | 22 | | (d) Substantial neglect of the child if continuous or | 23 | | repeated. | 24 | | (d-1) Substantial neglect, if continuous or repeated, | 25 | | of any child residing in the household which resulted in | 26 | | the death of that child. |
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| 1 | | (e) Extreme or repeated cruelty to the child. | 2 | | (f) There is a rebuttable presumption, which can be | 3 | | overcome only by clear and convincing evidence, that a | 4 | | parent is unfit if: | 5 | | (1) Two or more findings of physical abuse have | 6 | | been entered regarding any children under Section 2-21 | 7 | | of the Juvenile Court Act of 1987, the most recent of | 8 | | which was determined by the juvenile court hearing the | 9 | | matter to be supported by clear and convincing | 10 | | evidence; or | 11 | | (2) The parent has been convicted or found not | 12 | | guilty by reason of insanity and the conviction or | 13 | | finding resulted from the death of any child by | 14 | | physical abuse; or | 15 | | (3) There is a finding of physical child abuse | 16 | | resulting from the death of any child under Section | 17 | | 2-21 of the Juvenile Court Act of 1987. | 18 | | No conviction or finding of delinquency pursuant to | 19 | | Article V of the Juvenile Court Act of 1987 shall be | 20 | | considered a criminal conviction for the purpose of | 21 | | applying any presumption under this item (f). | 22 | | (g) Failure to protect the child from conditions | 23 | | within his environment injurious to the child's welfare. | 24 | | (h) Other neglect of, or misconduct toward the child; | 25 | | provided that in making a finding of unfitness the court | 26 | | hearing the adoption proceeding shall not be bound by any |
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| 1 | | previous finding, order or judgment affecting or | 2 | | determining the rights of the parents toward the child | 3 | | sought to be adopted in any other proceeding except such | 4 | | proceedings terminating parental rights as shall be had | 5 | | under either this Act, the Juvenile Court Act or the | 6 | | Juvenile Court Act of 1987. | 7 | | (i) Depravity. Conviction of any one of the following | 8 | | crimes shall create a presumption that a parent is | 9 | | depraved which can be overcome only by clear and | 10 | | convincing evidence: (1) first degree murder in violation | 11 | | of paragraph (1) or (2) of subsection (a) of Section 9-1 of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012 or | 13 | | conviction of second degree murder in violation of | 14 | | subsection (a) of Section 9-2 of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012 of a parent of the child to be | 16 | | adopted; (2) first degree murder or second degree murder | 17 | | of any child in violation of the Criminal Code of 1961 or | 18 | | the Criminal Code of 2012; (3) attempt or conspiracy to | 19 | | commit first degree murder or second degree murder of any | 20 | | child in violation of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012; (4) solicitation to commit murder | 22 | | of any child, solicitation to commit murder of any child | 23 | | for hire, or solicitation to commit second degree murder | 24 | | of any child in violation of the Criminal Code of 1961 or | 25 | | the Criminal Code of 2012; (5) predatory criminal sexual | 26 | | assault of a child in violation of Section 11-1.40 or |
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| 1 | | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012; (6) heinous battery of any child in violation of | 3 | | the Criminal Code of 1961; (7) aggravated battery of any | 4 | | child in violation of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012; (8) any violation of Section | 6 | | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012; (9) any violation of subsection | 8 | | (a) of Section 11-1.50 or Section 12-16 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012; (10) any | 10 | | violation of Section 11-9.1 of the Criminal Code of 1961 | 11 | | or the Criminal Code of 2012; (11) any violation of | 12 | | Section 11-9.1A of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012; or (12) an offense in any other | 14 | | state the elements of which are similar and bear a | 15 | | substantial relationship to any of the enumerated offenses | 16 | | in this subsection (i). | 17 | | There is a rebuttable presumption that a parent is | 18 | | depraved if the parent has been criminally convicted of at | 19 | | least 3 felonies under the laws of this State or any other | 20 | | state, or under federal law, or the criminal laws of any | 21 | | United States territory; and at least one of these | 22 | | convictions took place within 5 years of the filing of the | 23 | | petition or motion seeking termination of parental rights. | 24 | | There is a rebuttable presumption that a parent is | 25 | | depraved if that parent has been criminally convicted of | 26 | | either first or second degree murder of any person as |
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| 1 | | defined in the Criminal Code of 1961 or the Criminal Code | 2 | | of 2012 within 10 years of the filing date of the petition | 3 | | or motion to terminate parental rights. | 4 | | No conviction or finding of delinquency pursuant to | 5 | | Article 5 of the Juvenile Court Act of 1987 shall be | 6 | | considered a criminal conviction for the purpose of | 7 | | applying any presumption under this item (i). | 8 | | (j) Open and notorious adultery or fornication. | 9 | | (j-1) (Blank). | 10 | | (k) Habitual drunkenness or addiction to drugs, other | 11 | | than those prescribed by a physician, for at least one | 12 | | year immediately prior to the commencement of the | 13 | | unfitness proceeding. | 14 | | There is a rebuttable presumption that a parent is | 15 | | unfit under this subsection with respect to any child to | 16 | | which that parent gives birth where there is a confirmed | 17 | | test result that at birth the child's blood, urine, or | 18 | | meconium contained any amount of a controlled substance as | 19 | | defined in subsection (f) of Section 102 of the Illinois | 20 | | Controlled Substances Act or metabolites of such | 21 | | substances, the presence of which in the newborn infant | 22 | | was not the result of medical treatment administered to | 23 | | the mother or the newborn infant; and the biological | 24 | | mother of this child is the biological mother of at least | 25 | | one other child who was adjudicated a neglected minor | 26 | | under subsection (c) of Section 2-3 of the Juvenile Court |
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| 1 | | Act of 1987. | 2 | | (l) Failure to demonstrate a reasonable degree of | 3 | | interest, concern or responsibility as to the welfare of a | 4 | | new born child during the first 30 days after its birth. | 5 | | (m) Failure by a parent (i) to make reasonable efforts | 6 | | to correct the conditions that were the basis for the | 7 | | removal of the child from the parent during any 9-month | 8 | | period following the adjudication of neglected or abused | 9 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 10 | | or dependent minor under Section 2-4 of that Act, or (ii) | 11 | | to make reasonable progress toward the return of the child | 12 | | to the parent during any 9-month period following the | 13 | | adjudication of neglected or abused minor under Section | 14 | | 2-3 of the Juvenile Court Act of 1987 or dependent minor | 15 | | under Section 2-4 of that Act. If a service plan has been | 16 | | established as required under Section 8.2 of the Abused | 17 | | and Neglected Child Reporting Act to correct the | 18 | | conditions that were the basis for the removal of the | 19 | | child from the parent and if those services were | 20 | | available, then, for purposes of this Act, "failure to | 21 | | make reasonable progress toward the return of the child to | 22 | | the parent" includes the parent's failure to substantially | 23 | | fulfill his or her obligations under the service plan and | 24 | | correct the conditions that brought the child into care | 25 | | during any 9-month period following the adjudication under | 26 | | Section 2-3 or 2-4 of the Juvenile Court Act of 1987. |
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| 1 | | Notwithstanding any other provision, when a petition or | 2 | | motion seeks to terminate parental rights on the basis of | 3 | | item (ii) of this subsection (m), the petitioner shall | 4 | | file with the court and serve on the parties a pleading | 5 | | that specifies the 9-month period or periods relied on. | 6 | | The pleading shall be filed and served on the parties no | 7 | | later than 3 weeks before the date set by the court for | 8 | | closure of discovery, and the allegations in the pleading | 9 | | shall be treated as incorporated into the petition or | 10 | | motion. Failure of a respondent to file a written denial | 11 | | of the allegations in the pleading shall not be treated as | 12 | | an admission that the allegations are true. | 13 | | (m-1) (Blank). | 14 | | (n) Evidence of intent to forgo his or her parental | 15 | | rights, whether or not the child is a ward of the court, | 16 | | (1) as manifested by his or her failure for a period of 12 | 17 | | months: (i) to visit the child, (ii) to communicate with | 18 | | the child or agency, although able to do so and not | 19 | | prevented from doing so by an agency or by court order, or | 20 | | (iii) to maintain contact with or plan for the future of | 21 | | the child, although physically able to do so, or (2) as | 22 | | manifested by the father's failure, where he and the | 23 | | mother of the child were unmarried to each other at the | 24 | | time of the child's birth, (i) to commence legal | 25 | | proceedings to establish his paternity under the Illinois | 26 | | Parentage Act of 1984, the Illinois Parentage Act of 2015, |
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| 1 | | or the law of the jurisdiction of the child's birth within | 2 | | 30 days of being informed, pursuant to Section 12a of this | 3 | | Act, that he is the father or the likely father of the | 4 | | child or, after being so informed where the child is not | 5 | | yet born, within 30 days of the child's birth, or (ii) to | 6 | | make a good faith effort to pay a reasonable amount of the | 7 | | expenses related to the birth of the child and to provide a | 8 | | reasonable amount for the financial support of the child, | 9 | | the court to consider in its determination all relevant | 10 | | circumstances, including the financial condition of both | 11 | | parents; provided that the ground for termination provided | 12 | | in this subparagraph (n)(2)(ii) shall only be available | 13 | | where the petition is brought by the mother or the husband | 14 | | of the mother. | 15 | | Contact or communication by a parent with his or her | 16 | | child that does not demonstrate affection and concern does | 17 | | not constitute reasonable contact and planning under | 18 | | subdivision (n). In the absence of evidence to the | 19 | | contrary, the ability to visit, communicate, maintain | 20 | | contact, pay expenses and plan for the future shall be | 21 | | presumed. The subjective intent of the parent, whether | 22 | | expressed or otherwise, unsupported by evidence of the | 23 | | foregoing parental acts manifesting that intent, shall not | 24 | | preclude a determination that the parent has intended to | 25 | | forgo his or her parental rights. In making this | 26 | | determination, the court may consider but shall not |
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| 1 | | require a showing of diligent efforts by an authorized | 2 | | agency to encourage the parent to perform the acts | 3 | | specified in subdivision (n). | 4 | | It shall be an affirmative defense to any allegation | 5 | | under paragraph (2) of this subsection that the father's | 6 | | failure was due to circumstances beyond his control or to | 7 | | impediments created by the mother or any other person | 8 | | having legal custody. Proof of that fact need only be by a | 9 | | preponderance of the evidence. | 10 | | (o) Repeated or continuous failure by the parents, | 11 | | although physically and financially able, to provide the | 12 | | child with adequate food, clothing, or shelter. | 13 | | (p) Inability to discharge parental responsibilities | 14 | | supported by competent evidence from a psychiatrist, | 15 | | licensed clinical social worker, or clinical psychologist | 16 | | of mental impairment, mental illness or an intellectual | 17 | | disability as defined in Section 1-116 of the Mental | 18 | | Health and Developmental Disabilities Code, or | 19 | | developmental disability as defined in Section 1-106 of | 20 | | that Code, and there is sufficient justification to | 21 | | believe that the inability to discharge parental | 22 | | responsibilities shall extend beyond a reasonable time | 23 | | period. However, this subdivision (p) shall not be | 24 | | construed so as to permit a licensed clinical social | 25 | | worker to conduct any medical diagnosis to determine | 26 | | mental illness or mental impairment. |
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| 1 | | (q) (Blank). | 2 | | (r) The child is in the temporary custody or | 3 | | guardianship of the Department of Children and Family | 4 | | Services, the parent is incarcerated as a result of | 5 | | criminal conviction at the time the petition or motion for | 6 | | termination of parental rights is filed, prior to | 7 | | incarceration the parent had little or no contact with the | 8 | | child or provided little or no support for the child, and | 9 | | the parent's incarceration will prevent the parent from | 10 | | discharging his or her parental responsibilities for the | 11 | | child for a period in excess of 2 years after the filing of | 12 | | the petition or motion for termination of parental rights. | 13 | | (s) The child is in the temporary custody or | 14 | | guardianship of the Department of Children and Family | 15 | | Services, the parent is incarcerated at the time the | 16 | | petition or motion for termination of parental rights is | 17 | | filed, the parent has been repeatedly incarcerated as a | 18 | | result of criminal convictions, and the parent's repeated | 19 | | incarceration has prevented the parent from discharging | 20 | | his or her parental responsibilities for the child. | 21 | | (t) (Blank). A finding that at birth the child's | 22 | | blood, urine, or meconium contained any amount of a | 23 | | controlled substance as defined in subsection (f) of | 24 | | Section 102 of the Illinois Controlled Substances Act, or | 25 | | a metabolite of a controlled substance, with the exception | 26 | | of controlled substances or metabolites of such |
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| 1 | | substances, the presence of which in the newborn infant | 2 | | was the result of medical treatment administered to the | 3 | | mother or the newborn infant, and that the biological | 4 | | mother of this child is the biological mother of at least | 5 | | one other child who was adjudicated a neglected minor | 6 | | under subsection (c) of Section 2-3 of the Juvenile Court | 7 | | Act of 1987, after which the biological mother had the | 8 | | opportunity to enroll in and participate in a clinically | 9 | | appropriate substance abuse counseling, treatment, and | 10 | | rehabilitation program. | 11 | | E. "Parent" means a person who is the legal mother or legal | 12 | | father of the child as defined in subsection X or Y of this | 13 | | Section. For the purpose of this Act, a parent who has executed | 14 | | a consent to adoption, a surrender, or a waiver pursuant to | 15 | | Section 10 of this Act, who has signed a Denial of Paternity | 16 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 17 | | of this Act, or whose parental rights have been terminated by a | 18 | | court, is not a parent of the child who was the subject of the | 19 | | consent, surrender, waiver, or denial unless (1) the consent | 20 | | is void pursuant to subsection O of Section 10 of this Act; or | 21 | | (2) the person executed a consent to adoption by a specified | 22 | | person or persons pursuant to subsection A-1 of Section 10 of | 23 | | this Act and a court of competent jurisdiction finds that the | 24 | | consent is void; or (3) the order terminating the parental | 25 | | rights of the person is vacated by a court of competent | 26 | | jurisdiction. |
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| 1 | | F. A person is available for adoption when the person is: | 2 | | (a) a child who has been surrendered for adoption to | 3 | | an agency and to whose adoption the agency has thereafter | 4 | | consented; | 5 | | (b) a child to whose adoption a person authorized by | 6 | | law, other than his parents, has consented, or to whose | 7 | | adoption no consent is required pursuant to Section 8 of | 8 | | this Act; | 9 | | (c) a child who is in the custody of persons who intend | 10 | | to adopt him through placement made by his parents; | 11 | | (c-1) a child for whom a parent has signed a specific | 12 | | consent pursuant to subsection O of Section 10; | 13 | | (d) an adult who meets the conditions set forth in | 14 | | Section 3 of this Act; or | 15 | | (e) a child who has been relinquished as defined in | 16 | | Section 10 of the Abandoned Newborn Infant Protection Act. | 17 | | A person who would otherwise be available for adoption | 18 | | shall not be deemed unavailable for adoption solely by reason | 19 | | of his or her death. | 20 | | G. The singular includes the plural and the plural | 21 | | includes the singular and the "male" includes the "female", as | 22 | | the context of this Act may require. | 23 | | H. (Blank). | 24 | | I. "Habitual residence" has the meaning ascribed to it in | 25 | | the federal Intercountry Adoption Act of 2000 and regulations | 26 | | promulgated thereunder. |
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| 1 | | J. "Immediate relatives" means the biological parents, the | 2 | | parents of the biological parents and siblings of the | 3 | | biological parents. | 4 | | K. "Intercountry adoption" is a process by which a child | 5 | | from a country other than the United States is adopted by | 6 | | persons who are habitual residents of the United States, or | 7 | | the child is a habitual resident of the United States who is | 8 | | adopted by persons who are habitual residents of a country | 9 | | other than the United States. | 10 | | L. (Blank). | 11 | | M. "Interstate Compact on the Placement of Children" is a | 12 | | law enacted by all states and certain territories for the | 13 | | purpose of establishing uniform procedures for handling the | 14 | | interstate placement of children in foster homes, adoptive | 15 | | homes, or other child care facilities. | 16 | | N. (Blank). | 17 | | O. "Preadoption requirements" means any conditions or | 18 | | standards established by the laws or administrative rules of | 19 | | this State that must be met by a prospective adoptive parent | 20 | | prior to the placement of a child in an adoptive home. | 21 | | P. "Abused child" means a child whose parent or immediate | 22 | | family member, or any person responsible for the child's | 23 | | welfare, or any individual residing in the same home as the | 24 | | child, or a paramour of the child's parent: | 25 | | (a) inflicts, causes to be inflicted, or allows to be | 26 | | inflicted upon the child physical injury, by other than |
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| 1 | | accidental means, that causes death, disfigurement, | 2 | | impairment of physical or emotional health, or loss or | 3 | | impairment of any bodily function; | 4 | | (b) creates a substantial risk of physical injury to | 5 | | the child by other than accidental means which would be | 6 | | likely to cause death, disfigurement, impairment of | 7 | | physical or emotional health, or loss or impairment of any | 8 | | bodily function; | 9 | | (c) commits or allows to be committed any sex offense | 10 | | against the child, as sex offenses are defined in the | 11 | | Criminal Code of 2012 and extending those definitions of | 12 | | sex offenses to include children under 18 years of age; | 13 | | (d) commits or allows to be committed an act or acts of | 14 | | torture upon the child; or | 15 | | (e) inflicts excessive corporal punishment. | 16 | | Q. "Neglected child" means any child whose parent or other | 17 | | person responsible for the child's welfare withholds or denies | 18 | | nourishment or medically indicated treatment including food or | 19 | | care denied solely on the basis of the present or anticipated | 20 | | mental or physical impairment as determined by a physician | 21 | | acting alone or in consultation with other physicians or | 22 | | otherwise does not provide the proper or necessary support, | 23 | | education as required by law, or medical or other remedial | 24 | | care recognized under State law as necessary for a child's | 25 | | well-being, or other care necessary for his or her well-being, | 26 | | including adequate food, clothing and shelter; or who is |
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| 1 | | abandoned by his or her parents or other person responsible | 2 | | for the child's welfare. | 3 | | A child shall not be considered neglected or abused for | 4 | | the sole reason that the child's parent or other person | 5 | | responsible for his or her welfare depends upon spiritual | 6 | | means through prayer alone for the treatment or cure of | 7 | | disease or remedial care as provided under Section 4 of the | 8 | | Abused and Neglected Child Reporting Act. A child shall not be | 9 | | considered neglected or abused for the sole reason that the | 10 | | child's parent or other person responsible for the child's | 11 | | welfare failed to vaccinate, delayed vaccination, or refused | 12 | | vaccination for the child due to a waiver on religious or | 13 | | medical grounds as permitted by law. | 14 | | R. "Putative father" means a man who may be a child's | 15 | | father, but who (1) is not married to the child's mother on or | 16 | | before the date that the child was or is to be born and (2) has | 17 | | not established paternity of the child in a court proceeding | 18 | | before the filing of a petition for the adoption of the child. | 19 | | The term includes a male who is less than 18 years of age. | 20 | | "Putative father" does not mean a man who is the child's father | 21 | | as a result of criminal sexual abuse or assault as defined | 22 | | under Article 11 of the Criminal Code of 2012. | 23 | | S. "Standby adoption" means an adoption in which a parent | 24 | | consents to custody and termination of parental rights to | 25 | | become effective upon the occurrence of a future event, which | 26 | | is either the death of the parent or the request of the parent |
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| 1 | | for the entry of a final judgment of adoption. | 2 | | T. (Blank). | 3 | | T-5. "Biological parent", "birth parent", or "natural | 4 | | parent" of a child are interchangeable terms that mean a | 5 | | person who is biologically or genetically related to that | 6 | | child as a parent. | 7 | | U. "Interstate adoption" means the placement of a minor | 8 | | child with a prospective adoptive parent for the purpose of | 9 | | pursuing an adoption for that child that is subject to the | 10 | | provisions of the Interstate Compact on the Placement of | 11 | | Children. | 12 | | V. (Blank). | 13 | | W. (Blank). | 14 | | X. "Legal father" of a child means a man who is recognized | 15 | | as or presumed to be that child's father: | 16 | | (1) because of his marriage to or civil union with the | 17 | | child's parent at the time of the child's birth or within | 18 | | 300 days prior to that child's birth, unless he signed a | 19 | | denial of paternity pursuant to Section 12 of the Vital | 20 | | Records Act or a waiver pursuant to Section 10 of this Act; | 21 | | or | 22 | | (2) because his paternity of the child has been | 23 | | established pursuant to the Illinois Parentage Act, the | 24 | | Illinois Parentage Act of 1984, or the Gestational | 25 | | Surrogacy Act; or | 26 | | (3) because he is listed as the child's father or |
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| 1 | | parent on the child's birth certificate, unless he is | 2 | | otherwise determined by an administrative or judicial | 3 | | proceeding not to be the parent of the child or unless he | 4 | | rescinds his acknowledgment of paternity pursuant to the | 5 | | Illinois Parentage Act of 1984; or | 6 | | (4) because his paternity or adoption of the child has | 7 | | been established by a court of competent jurisdiction. | 8 | | The definition in this subsection X shall not be construed | 9 | | to provide greater or lesser rights as to the number of parents | 10 | | who can be named on a final judgment order of adoption or | 11 | | Illinois birth certificate that otherwise exist under Illinois | 12 | | law. | 13 | | Y. "Legal mother" of a child means a woman who is | 14 | | recognized as or presumed to be that child's mother: | 15 | | (1) because she gave birth to the child except as | 16 | | provided in the Gestational Surrogacy Act; or | 17 | | (2) because her maternity of the child has been | 18 | | established pursuant to the Illinois Parentage Act of 1984 | 19 | | or the Gestational Surrogacy Act; or | 20 | | (3) because her maternity or adoption of the child has | 21 | | been established by a court of competent jurisdiction; or | 22 | | (4) because of her marriage to or civil union with the | 23 | | child's other parent at the time of the child's birth or | 24 | | within 300 days prior to the time of birth; or | 25 | | (5) because she is listed as the child's mother or | 26 | | parent on the child's birth certificate unless she is |
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| 1 | | otherwise determined by an administrative or judicial | 2 | | proceeding not to be the parent of the child. | 3 | | The definition in this subsection Y shall not be construed | 4 | | to provide greater or lesser rights as to the number of parents | 5 | | who can be named on a final judgment order of adoption or | 6 | | Illinois birth certificate that otherwise exist under Illinois | 7 | | law. | 8 | | Z. "Department" means the Illinois Department of Children | 9 | | and Family Services. | 10 | | AA. "Placement disruption" means a circumstance where the | 11 | | child is removed from an adoptive placement before the | 12 | | adoption is finalized. | 13 | | BB. "Secondary placement" means a placement, including but | 14 | | not limited to the placement of a youth in care as defined in | 15 | | Section 4d of the Children and Family Services Act, that | 16 | | occurs after a placement disruption or an adoption | 17 | | dissolution. "Secondary placement" does not mean secondary | 18 | | placements arising due to the death of the adoptive parent of | 19 | | the child. | 20 | | CC. "Adoption dissolution" means a circumstance where the | 21 | | child is removed from an adoptive placement after the adoption | 22 | | is finalized. | 23 | | DD. "Unregulated placement" means the secondary placement | 24 | | of a child that occurs without the oversight of the courts, the | 25 | | Department, or a licensed child welfare agency. | 26 | | EE. "Post-placement and post-adoption support services" |
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| 1 | | means support services for placed or adopted children and | 2 | | families that include, but are not limited to, mental health | 3 | | treatment, including counseling and other support services for | 4 | | emotional, behavioral, or developmental needs, and treatment | 5 | | for substance abuse. | 6 | | FF. "Youth in care" has the meaning provided in Section 4d | 7 | | of the Children and Family Services Act. | 8 | | The changes made by this amendatory Act of the 103rd | 9 | | General Assembly apply to a petition that is filed on or after | 10 | | January 1, 2025. | 11 | | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | 12 | | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .) | 13 | | Section 999. Effective date. This Section, Sections 1 | 14 | | through 35, and Section 110 take effect upon becoming law. | | | | SB3136 Engrossed | - 28 - | LRB103 36587 KTG 66696 b |
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INDEX
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Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 325 ILCS 5/3 | from Ch. 23, par. 2053 | | 5 | | 325 ILCS 5/3.5 new | | | 6 | | 325 ILCS 5/4.4 rep. | | | 7 | | 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 | | 8 | | 705 ILCS 405/2-18 | from Ch. 37, par. 802-18 | | 9 | | 750 ILCS 50/1 | from Ch. 40, par. 1501 |
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