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