Full Text of SB2401 95th General Assembly
SB2401eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Children and Family Services Act is amended | 5 |
| by changing Section 35.2 as follows:
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| (20 ILCS 505/35.2) (from Ch. 23, par. 5035.2)
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| Sec. 35.2. If a child has been found to be an abused minor | 8 |
| under
Section 4-8 of the Juvenile Court Act or Section 2-21 of | 9 |
| the Juvenile Court
Act of 1987, and the perpetrator of the | 10 |
| abuse was the child's parent, and
(i) such parent has been | 11 |
| convicted of aggravated battery of the child or (ii) such | 12 |
| parent has been convicted of aggravated participation in | 13 |
| methamphetamine manufacturing under subdivision (b)(1)(B) of | 14 |
| Section 15 of the Methamphetamine Control and Community | 15 |
| Protection Act and the child who has been found to be an abused | 16 |
| minor was the child who resided or was present at the place | 17 |
| where the methamphetamine was manufactured or who was | 18 |
| endangered by the manufacture of the methamphetamine , and the
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| child has been committed to the Department of Children and | 20 |
| Family Services
for care and service under Section 5-7 of the | 21 |
| Juvenile Court Act or Section
2-27 of the Juvenile Court Act of | 22 |
| 1987, the Department shall cause to be
filed a petition seeking | 23 |
| the termination of such parent's parental rights
pursuant to |
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| "An Act in relation to the adoption of persons, and to repeal
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| an Act therein named", approved July 17, 1959, as amended, or | 3 |
| under Section
2-29 of the Juvenile Court Act of 1987, and the | 4 |
| Department shall also
seek placement of the child with suitable | 5 |
| adoptive parents.
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| (Source: P.A. 86-403.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 8 |
| changing Section 1-2 as follows:
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| (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
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| Sec. 1-2. Purpose and policy.
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| (1) The purpose of this Act is to secure for each minor | 12 |
| subject hereto
such care and guidance, preferably in his or her | 13 |
| own home, as will serve
the safety and moral, emotional, | 14 |
| mental, and physical
welfare of the minor and the best | 15 |
| interests of the community; to preserve
and strengthen the | 16 |
| minor's family ties whenever possible, removing him or
her from | 17 |
| the custody of his or her parents only when his or her safety | 18 |
| or
welfare or the protection of the public cannot be adequately | 19 |
| safeguarded
without removal;
if the child is removed from the | 20 |
| custody of his or her parent, the Department
of Children and | 21 |
| Family Services immediately shall consider concurrent | 22 |
| planning,
as described in Section 5 of the Children and Family | 23 |
| Services Act so that
permanency may occur at the earliest | 24 |
| opportunity; consideration should be given
so that if |
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| reunification fails or is delayed, the placement made is
the | 2 |
| best available placement to provide permanency for the child;
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| and, when the minor is removed from his or her own family,
to | 4 |
| secure for him or her custody, care and discipline as nearly as | 5 |
| possible
equivalent to that which should be given by his or her | 6 |
| parents, and in
cases where it should and can properly be done | 7 |
| to place the minor in a
family home so that he or she may become | 8 |
| a member of the family by legal
adoption or otherwise. Provided | 9 |
| that a ground for unfitness under the Adoption
Act can be met, | 10 |
| it may be appropriate to expedite termination of parental
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| rights:
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| (a) when reasonable efforts are inappropriate, or have | 13 |
| been provided and
were unsuccessful, and there are | 14 |
| aggravating circumstances including, but not
limited to, | 15 |
| those cases in which (i) the child or another child of
that | 16 |
| child's parent was (A)
abandoned, (B) tortured, or (C) | 17 |
| chronically abused or (ii) the parent is
criminally | 18 |
| convicted of (A) first degree murder or second degree | 19 |
| murder of any
child, (B) attempt or conspiracy to commit | 20 |
| first degree murder or second degree
murder of any child, | 21 |
| (C) solicitation to commit murder, solicitation to commit
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| murder for hire, solicitation to commit second degree | 23 |
| murder of any
child, or aggravated assault in violation of | 24 |
| subdivision (a)(13) of Section
12-2 of the Criminal Code of | 25 |
| 1961, or
(D)
aggravated criminal sexual assault in | 26 |
| violation of Section 12-14(b)(1) of the
Criminal Code of |
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| 1961 , or (E) aggravated participation in methamphetamine | 2 |
| manufacturing under subdivision (b)(1)(B) of Section 15 of | 3 |
| the Methamphetamine Control and Community Protection Act, | 4 |
| and the minor or another child of the minor's parent was | 5 |
| the child who resided or was present at the place where the | 6 |
| methamphetamine was manufactured or who was endangered by | 7 |
| the manufacture of the methamphetamine ; or
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| (b) when the parental rights of a parent with respect | 9 |
| to another child
of the parent have been involuntarily | 10 |
| terminated; or
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| (c) in those extreme cases in which the parent's | 12 |
| incapacity to care for
the child, combined with an | 13 |
| extremely poor prognosis for treatment or
rehabilitation, | 14 |
| justifies expedited termination of parental rights.
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| (2) In all proceedings under this Act the court may direct | 16 |
| the
course thereof so as promptly to ascertain the | 17 |
| jurisdictional facts and
fully to gather information bearing | 18 |
| upon the current condition and
future welfare of persons | 19 |
| subject to this Act. This Act shall be
administered in a spirit | 20 |
| of humane concern, not only for the rights of
the parties, but | 21 |
| also for the fears and the limits of understanding of
all who | 22 |
| appear before the court.
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| (3) In all procedures under this Act, the following shall | 24 |
| apply:
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| (a) The procedural rights assured to the minor shall be | 26 |
| the rights of
adults unless specifically precluded by laws |
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| which enhance the
protection of such minors.
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| (b) Every child has a right to services necessary to | 3 |
| his or her safety
and proper development, including health, | 4 |
| education and social services.
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| (c) The parents' right to the custody of their child | 6 |
| shall not prevail
when the court determines that it is | 7 |
| contrary to the health, safety, and
best interests of the | 8 |
| child.
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| (4) This Act shall be liberally construed to carry out the | 10 |
| foregoing
purpose and policy.
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| (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | 12 |
| 90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | 13 |
| 8-16-97; 90-608, eff.
6-30-98.)
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| Section 15. The Adoption Act is amended by changing Section | 15 |
| 1 as follows:
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| (750 ILCS 50/1) (from Ch. 40, par. 1501)
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| Sec. 1. Definitions. When used in this Act, unless the | 18 |
| context
otherwise requires:
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| A. "Child" means a person under legal age subject to | 20 |
| adoption under
this Act.
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| B. "Related child" means a child subject to adoption where | 22 |
| either or both of
the adopting parents stands in any of the | 23 |
| following relationships to the child
by blood or marriage: | 24 |
| parent, grand-parent, brother, sister, step-parent,
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| step-grandparent, step-brother, step-sister, uncle, aunt, | 2 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 3 |
| whose parent has executed
a final irrevocable consent to | 4 |
| adoption or a final irrevocable surrender
for purposes of | 5 |
| adoption, or whose parent has had his or her parental rights
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| terminated, is not a related child to that person, unless the | 7 |
| consent is
determined to be void or is void pursuant to | 8 |
| subsection O of Section 10.
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| C. "Agency" for the purpose of this Act means a public | 10 |
| child welfare agency
or a licensed child welfare agency.
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| D. "Unfit person" means any person whom the court shall | 12 |
| find to be unfit
to have a child, without regard to the | 13 |
| likelihood that the child will be
placed for adoption. The | 14 |
| grounds of unfitness are any one or more
of the following, | 15 |
| except that a person shall not be considered an unfit
person | 16 |
| for the sole reason that the person has relinquished a child in
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| accordance with the Abandoned Newborn Infant Protection Act:
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| (a) Abandonment of the child.
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| (a-1) Abandonment of a newborn infant in a hospital.
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| (a-2) Abandonment of a newborn infant in any setting | 21 |
| where the evidence
suggests that the parent intended to | 22 |
| relinquish his or her parental rights.
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| (b) Failure to maintain a reasonable degree of | 24 |
| interest, concern or
responsibility as to the child's | 25 |
| welfare.
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| (c) Desertion of the child for more than 3 months next |
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| preceding the
commencement of the Adoption proceeding.
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| (d) Substantial neglect
of the
child if continuous or | 3 |
| repeated.
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| (d-1) Substantial neglect, if continuous or repeated, | 5 |
| of any child
residing in the household which resulted in | 6 |
| the death of that child.
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| (e) Extreme or repeated cruelty to the child.
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| (f) There is a rebuttable presumption, which can be | 9 |
| overcome only by clear and convincing evidence, that a | 10 |
| parent is unfit if:
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| (1) Two or more findings of physical abuse have | 12 |
| been entered regarding any children under Section 2-21 | 13 |
| of the Juvenile Court Act
of 1987, the most recent of | 14 |
| which was determined by the juvenile court
hearing the | 15 |
| matter to be supported by clear and convincing | 16 |
| evidence; or | 17 |
| (2) The parent has been convicted or found not | 18 |
| guilty by reason of insanity and the conviction or | 19 |
| finding resulted from the death of any child by | 20 |
| physical abuse; or
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| (3) There is a finding of physical child abuse | 22 |
| resulting from the death of any
child under Section | 23 |
| 2-21 of the
Juvenile Court Act of 1987. | 24 |
| No conviction or finding of delinquency pursuant | 25 |
| to Article 5 of the Juvenile Court Act of 1987 shall be | 26 |
| considered a criminal conviction for the purpose of |
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| applying any presumption under this item (f).
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| (g) Failure to protect the child from conditions within | 3 |
| his environment
injurious to the child's welfare.
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| (h) Other neglect of, or misconduct toward the child; | 5 |
| provided that in
making a finding of unfitness the court | 6 |
| hearing the adoption proceeding
shall not be bound by any | 7 |
| previous finding, order or judgment affecting
or | 8 |
| determining the rights of the parents toward the child | 9 |
| sought to be adopted
in any other proceeding except such | 10 |
| proceedings terminating parental rights
as shall be had | 11 |
| under either this Act, the Juvenile Court Act or
the | 12 |
| Juvenile Court Act of 1987.
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| (i) Depravity. Conviction of any one of the following
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| crimes shall create a presumption that a parent is depraved | 15 |
| which can be
overcome only by clear and convincing | 16 |
| evidence:
(1) first degree murder in violation of paragraph | 17 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 18 |
| Code of 1961 or conviction
of second degree murder in | 19 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 20 |
| Code of 1961 of a parent of the child to be adopted; (2)
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| first degree murder or second degree murder of any child in
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| violation of the Criminal Code of 1961; (3)
attempt or | 23 |
| conspiracy to commit first degree murder or second degree | 24 |
| murder
of any child in violation of the Criminal Code of | 25 |
| 1961; (4)
solicitation to commit murder of any child, | 26 |
| solicitation to
commit murder of any child for hire, or |
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| solicitation to commit second
degree murder of any child in | 2 |
| violation of the Criminal Code of 1961; (5)
predatory | 3 |
| criminal sexual assault of a child in violation of
Section | 4 |
| 12-14.1 of the Criminal Code of 1961; (6) heinous battery | 5 |
| of any child in violation of the Criminal Code of 1961; or | 6 |
| (7) aggravated battery of any child in violation of the | 7 |
| Criminal Code of 1961 ; or (8) aggravated participation in | 8 |
| methamphetamine manufacturing in violation of subdivision | 9 |
| (b)(1)(B) of Section 15 of the Methamphetamine Control and | 10 |
| Community Protection Act, where any child resided or was | 11 |
| present at the place where the methamphetamine was | 12 |
| manufactured or was endangered by the manufacture of the | 13 |
| methamphetamine .
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| There is a rebuttable presumption that a parent is | 15 |
| depraved if the parent
has been criminally convicted of at | 16 |
| least 3 felonies under the laws of this
State or any other | 17 |
| state, or under federal law, or the criminal laws of any
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| United States territory; and at least
one of these
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| convictions took place within 5 years of the filing of the | 20 |
| petition or motion
seeking termination of parental rights.
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| There is a rebuttable presumption that a parent is | 22 |
| depraved if that
parent
has
been criminally convicted of | 23 |
| either first or second degree murder of any person
as | 24 |
| defined in the Criminal Code of 1961 within 10 years of the | 25 |
| filing date of
the petition or motion to terminate parental | 26 |
| rights. |
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| No conviction or finding of delinquency pursuant to | 2 |
| Article 5 of the Juvenile Court Act of 1987 shall be | 3 |
| considered a criminal conviction for the purpose of | 4 |
| applying any presumption under this item (i).
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| (j) Open and notorious adultery or fornication.
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| (j-1) (Blank).
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| (k) Habitual drunkenness or addiction to drugs, other | 8 |
| than those
prescribed by a physician, for at least one year | 9 |
| immediately
prior to the commencement of the unfitness | 10 |
| proceeding.
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| There is a rebuttable presumption that a parent is | 12 |
| unfit under this
subsection
with respect to any child to | 13 |
| which that parent gives birth where there is a
confirmed
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| test result that at birth the child's blood, urine, or | 15 |
| meconium contained any
amount of a controlled substance as | 16 |
| defined in subsection (f) of Section 102 of
the Illinois | 17 |
| Controlled Substances Act or metabolites of such | 18 |
| substances, the
presence of which in the newborn infant was | 19 |
| not the result of medical treatment
administered to the | 20 |
| mother or the newborn infant; and the biological mother of
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| this child is the biological mother of at least one other | 22 |
| child who was
adjudicated a neglected minor under | 23 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 24 |
| 1987.
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| (l) Failure to demonstrate a reasonable degree of | 26 |
| interest, concern or
responsibility as to the welfare of a |
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| new born child during the first 30
days after its birth.
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| (m) Failure by a parent (i) to make reasonable efforts | 3 |
| to correct the
conditions that were the basis for the | 4 |
| removal of the child from the
parent, or (ii) to make | 5 |
| reasonable progress toward the return of the child
to
the | 6 |
| parent within 9 months after an adjudication of neglected | 7 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 8 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 9 |
| or (iii) to make reasonable progress
toward the return of | 10 |
| the
child to the parent during any 9-month period after the | 11 |
| end of the initial
9-month period following the | 12 |
| adjudication of
neglected or abused minor under Section 2-3 | 13 |
| of the Juvenile Court
Act of 1987 or dependent minor under | 14 |
| Section 2-4 of that Act.
If a service plan has been | 15 |
| established as
required under
Section 8.2 of the Abused and | 16 |
| Neglected Child Reporting Act to correct the
conditions | 17 |
| that were the basis for the removal of the child from the | 18 |
| parent
and if those services were available,
then, for | 19 |
| purposes of this Act, "failure to make reasonable progress | 20 |
| toward the
return of the child to the parent" includes (I) | 21 |
| the parent's failure to
substantially fulfill his or her | 22 |
| obligations under the
service plan and correct the | 23 |
| conditions that brought the child into care
within 9 months | 24 |
| after the adjudication under Section 2-3 or 2-4
of the | 25 |
| Juvenile Court Act of 1987
and (II) the parent's failure to | 26 |
| substantially fulfill his or her obligations
under
the |
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| service plan and correct the conditions that brought the | 2 |
| child into care
during any 9-month period after the end of | 3 |
| the initial 9-month period
following the adjudication | 4 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 5 |
| Notwithstanding any other provision, when a petition or | 6 |
| motion seeks to terminate parental rights on the basis of | 7 |
| item (iii) of this subsection (m), the petitioner shall | 8 |
| file with the court and serve on the parties a pleading | 9 |
| that specifies the 9-month period or periods relied on. The | 10 |
| pleading shall be filed and served on the parties no later | 11 |
| than 3 weeks before the date set by the court for closure | 12 |
| of discovery, and the allegations in the pleading shall be | 13 |
| treated as incorporated into the petition or motion. | 14 |
| Failure of a respondent to file a written denial of the | 15 |
| allegations in the pleading shall not be treated as an | 16 |
| admission that the allegations are true.
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| (m-1) Pursuant to the Juvenile Court Act of 1987, a | 18 |
| child
has been in foster care for 15 months out of any 22 | 19 |
| month period which begins
on or after the effective date of | 20 |
| this amendatory Act of 1998 unless the
child's parent can | 21 |
| prove
by a preponderance of the evidence that it is more | 22 |
| likely than not that it will
be in the best interests of | 23 |
| the child to be returned to the parent within 6
months of | 24 |
| the date on which a petition for termination of parental | 25 |
| rights is
filed under the Juvenile Court Act of 1987. The | 26 |
| 15 month time limit is tolled
during
any period for which |
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| there is a court finding that the appointed custodian or
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| guardian failed to make reasonable efforts to reunify the | 3 |
| child with his or her
family, provided that (i) the finding | 4 |
| of no reasonable efforts is made within
60 days of the | 5 |
| period when reasonable efforts were not made or (ii) the | 6 |
| parent
filed a motion requesting a finding of no reasonable | 7 |
| efforts within 60 days of
the period when reasonable | 8 |
| efforts were not made. For purposes of this
subdivision | 9 |
| (m-1), the date of entering foster care is the earlier of: | 10 |
| (i) the
date of
a judicial finding at an adjudicatory | 11 |
| hearing that the child is an abused,
neglected, or | 12 |
| dependent minor; or (ii) 60 days after the date on which | 13 |
| the
child is removed from his or her parent, guardian, or | 14 |
| legal custodian.
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| (n) Evidence of intent to forgo his or her parental | 16 |
| rights,
whether or
not the child is a ward of the court, | 17 |
| (1) as manifested
by his or her failure for a period of 12 | 18 |
| months: (i) to visit the child,
(ii) to communicate with | 19 |
| the child or agency, although able to do so and
not | 20 |
| prevented from doing so by an agency or by court order, or | 21 |
| (iii) to
maintain contact with or plan for the future of | 22 |
| the child, although physically
able to do so, or (2) as | 23 |
| manifested by the father's failure, where he
and the mother | 24 |
| of the child were unmarried to each other at the time of | 25 |
| the
child's birth, (i) to commence legal proceedings to | 26 |
| establish his paternity
under the Illinois Parentage Act of |
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| 1984 or the law of the jurisdiction of
the child's birth | 2 |
| within 30 days of being informed, pursuant to Section 12a
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| of this Act, that he is the father or the likely father of | 4 |
| the child or,
after being so informed where the child is | 5 |
| not yet born, within 30 days of
the child's birth, or (ii) | 6 |
| to make a good faith effort to pay a reasonable
amount of | 7 |
| the expenses related to the birth of the child and to | 8 |
| provide a
reasonable amount for the financial support of | 9 |
| the child, the court to
consider in its determination all | 10 |
| relevant circumstances, including the
financial condition | 11 |
| of both parents; provided that the ground for
termination | 12 |
| provided in this subparagraph (n)(2)(ii) shall only be
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| available where the petition is brought by the mother or | 14 |
| the husband of
the mother.
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| 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
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| 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
require |
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| a showing of diligent efforts by an authorized agency to | 2 |
| encourage
the parent to perform the acts specified in | 3 |
| subdivision (n).
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| 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
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| preponderance of the evidence.
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| (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.
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| (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 mental retardation | 17 |
| as defined in Section
1-116 of the Mental Health and | 18 |
| Developmental Disabilities Code, or
developmental | 19 |
| disability as defined in Section 1-106 of that Code, and
| 20 |
| there is sufficient justification to believe that the | 21 |
| inability to
discharge parental responsibilities shall | 22 |
| extend beyond a reasonable
time period. However, this | 23 |
| subdivision (p) shall not be construed so as to
permit a | 24 |
| licensed clinical social worker to conduct any medical | 25 |
| diagnosis to
determine mental illness or mental | 26 |
| impairment.
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| (q) (Blank).
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| (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.
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| (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) A finding that at birth the child's blood,
urine, | 22 |
| or meconium contained any amount of a controlled substance | 23 |
| as
defined in subsection (f) of Section 102 of the Illinois | 24 |
| Controlled Substances
Act, or a metabolite of a controlled | 25 |
| substance, with the exception of
controlled substances or | 26 |
| metabolites of such substances, the presence of which
in |
|
|
|
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LRB095 19680 AJO 46031 b |
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| 1 |
| the newborn infant was the result of medical treatment | 2 |
| administered to the
mother or the newborn infant, and that | 3 |
| the biological mother of this child is
the biological | 4 |
| mother of at least one other child who was adjudicated a
| 5 |
| neglected minor under subsection (c) of Section 2-3 of the | 6 |
| Juvenile Court Act
of 1987, after which the biological | 7 |
| mother had the opportunity to enroll in
and participate in | 8 |
| a clinically appropriate substance abuse
counseling, | 9 |
| treatment, and rehabilitation program.
| 10 |
| E. "Parent" means the father or mother of a lawful child of | 11 |
| the parties or child born out of wedlock. For the purpose of | 12 |
| this Act, a person who has executed a final and
irrevocable | 13 |
| consent to adoption or a final and irrevocable surrender for
| 14 |
| purposes of adoption, or whose parental rights have been | 15 |
| terminated by a
court, is not a parent of the child who was the | 16 |
| subject of the consent or
surrender, unless the consent is void | 17 |
| pursuant to subsection O of Section 10.
| 18 |
| F. A person is available for adoption when the person is:
| 19 |
| (a) a child who has been surrendered for adoption to an | 20 |
| agency and to
whose adoption the agency has thereafter | 21 |
| consented;
| 22 |
| (b) a child to whose adoption a person authorized by | 23 |
| law, other than his
parents, has consented, or to whose | 24 |
| adoption no consent is required pursuant
to Section 8 of | 25 |
| this Act;
| 26 |
| (c) a child who is in the custody of persons who intend |
|
|
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LRB095 19680 AJO 46031 b |
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| 1 |
| to adopt him
through placement made by his parents;
| 2 |
| (c-1) a child for whom a parent has signed a specific | 3 |
| consent pursuant
to subsection O of Section 10;
| 4 |
| (d) an adult who meets the conditions set forth in | 5 |
| Section 3 of this
Act; or
| 6 |
| (e) a child who has been relinquished as defined in | 7 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
| 8 |
| A person who would otherwise be available for adoption | 9 |
| shall not be
deemed unavailable for adoption solely by reason | 10 |
| of his or her death.
| 11 |
| G. The singular includes the plural and the plural includes
| 12 |
| the singular and the "male" includes the "female", as the | 13 |
| context of this
Act may require.
| 14 |
| H. "Adoption disruption" occurs when an adoptive placement | 15 |
| does not
prove successful and it becomes necessary for the | 16 |
| child to be removed from
placement before the adoption is | 17 |
| finalized.
| 18 |
| I. "Foreign placing agency" is an agency or individual | 19 |
| operating in a
country or territory outside the United States | 20 |
| that is authorized by its
country to place children for | 21 |
| adoption either directly with families in the
United States or | 22 |
| through United States based international agencies.
| 23 |
| J. "Immediate relatives" means the biological parents, the | 24 |
| parents of
the biological parents and siblings of the | 25 |
| biological parents.
| 26 |
| K. "Intercountry adoption" is a process by which a child |
|
|
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LRB095 19680 AJO 46031 b |
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| from a country
other than the United States is adopted.
| 2 |
| L. "Intercountry Adoption Coordinator" is a staff person of | 3 |
| the
Department of Children and Family Services appointed by the | 4 |
| Director to
coordinate the provision of services by the public | 5 |
| and private sector to
prospective parents of foreign-born | 6 |
| children.
| 7 |
| M. "Interstate Compact on the Placement of Children" is a | 8 |
| law enacted by
most states for the purpose of establishing | 9 |
| uniform procedures for handling
the interstate placement of | 10 |
| children in foster homes, adoptive homes, or
other child care | 11 |
| facilities.
| 12 |
| N. "Non-Compact state" means a state that has not enacted | 13 |
| the
Interstate Compact on the Placement of Children.
| 14 |
| O. "Preadoption requirements" are any conditions | 15 |
| established by the laws
or regulations of the Federal | 16 |
| Government or of each state that must be met
prior to the | 17 |
| placement of a child in an adoptive home.
| 18 |
| P. "Abused child" means a child whose parent or immediate | 19 |
| family member,
or any person responsible for the child's | 20 |
| welfare, or any individual
residing in the same home as the | 21 |
| child, or a paramour of the child's parent:
| 22 |
| (a) inflicts, causes to be inflicted, or allows to be | 23 |
| inflicted upon
the child physical injury, by other than | 24 |
| accidental means, that causes
death, disfigurement, | 25 |
| impairment of physical or emotional health, or loss
or | 26 |
| impairment of any bodily function;
|
|
|
|
SB2401 Engrossed |
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LRB095 19680 AJO 46031 b |
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| 1 |
| (b) creates a substantial risk of physical injury to | 2 |
| the child by
other than accidental means which would be | 3 |
| likely to cause death,
disfigurement, impairment of | 4 |
| physical or emotional health, or loss or
impairment of any | 5 |
| bodily function;
| 6 |
| (c) commits or allows to be committed any sex offense | 7 |
| against the child,
as sex offenses are defined in the | 8 |
| Criminal Code of 1961
and extending those definitions of | 9 |
| sex offenses to include children under
18 years of age;
| 10 |
| (d) commits or allows to be committed an act or acts of | 11 |
| torture upon
the child; or
| 12 |
| (e) inflicts excessive corporal punishment ; or | 13 |
| (f) commits or allows to be committed aggravated | 14 |
| participation in methamphetamine manufacturing in | 15 |
| violation of subdivision (b)(1)(B) of Section 15 of the | 16 |
| Methamphetamine Control and Community Protection Act, | 17 |
| where the child was the child who resided or was present at | 18 |
| the place where the methamphetamine was manufactured or who | 19 |
| was endangered by the manufacture of the methamphetamine .
| 20 |
| Q. "Neglected child" means any child whose parent or other | 21 |
| person
responsible for the child's welfare withholds or denies | 22 |
| nourishment or
medically indicated treatment including food or | 23 |
| care denied solely on the
basis of the present or anticipated | 24 |
| mental or physical impairment as determined
by a physician | 25 |
| acting alone or in consultation with other physicians or
| 26 |
| otherwise does not provide the proper or necessary support, |
|
|
|
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LRB095 19680 AJO 46031 b |
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| 1 |
| education
as required by law, or medical or other remedial care | 2 |
| recognized under State
law as necessary for a child's | 3 |
| well-being, or other care necessary for his
or her well-being, | 4 |
| including adequate food, clothing and shelter; or who
is | 5 |
| abandoned by his or her parents or other person responsible for | 6 |
| the child's
welfare.
| 7 |
| A child shall not be considered neglected or abused for the
| 8 |
| sole reason that the child's parent or other person responsible | 9 |
| for his
or her welfare depends upon spiritual means through | 10 |
| prayer alone for the
treatment or cure of disease or remedial | 11 |
| care as provided under Section 4
of the Abused and Neglected | 12 |
| Child Reporting Act.
A child shall not be considered neglected | 13 |
| or abused for the sole reason that
the child's parent or other | 14 |
| person responsible for the child's welfare failed
to vaccinate, | 15 |
| delayed vaccination, or refused vaccination for the child
due | 16 |
| to a waiver on religious or medical grounds as permitted by | 17 |
| law.
| 18 |
| R. "Putative father" means a man who may be a child's | 19 |
| father, but who (1) is
not married to the child's mother on or | 20 |
| before the date that the child was or
is to be born and (2) has | 21 |
| not established paternity of the child in a court
proceeding | 22 |
| before the filing of a petition for the adoption of the child. | 23 |
| The
term includes a male who is less than 18 years of age. | 24 |
| "Putative father" does
not mean a man who is the child's father | 25 |
| as a result of criminal sexual abuse
or assault as defined | 26 |
| under Article 12 of the Criminal Code of 1961.
|
|
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LRB095 19680 AJO 46031 b |
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| 1 |
| S. "Standby adoption" means an adoption in which a parent
| 2 |
| consents to custody and termination of parental rights to | 3 |
| become
effective upon the occurrence of a future event, which | 4 |
| is either the death of
the
parent or the request of the parent
| 5 |
| for the entry of a final judgment of adoption.
| 6 |
| T. (Blank).
| 7 |
| (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563, | 8 |
| eff. 1-1-06; 94-939, eff. 1-1-07 .)
|
|