Full Text of HB4380 98th General Assembly
HB4380eng 98TH 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 5. The Illinois Pension Code is amended by changing | 5 | | Sections 1-104.2 and 15-129 as follows:
| 6 | | (40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
| 7 | | Sec. 1-104.2. Beginning January 1, 1986, nonmarital | 8 | | children not conceived in
lawful wedlock shall be entitled to | 9 | | the same benefits as other children,
and no child's or | 10 | | survivor's benefit shall be disallowed because of the fact that | 11 | | the child was a nonmarital child born out of wedlock ; however, | 12 | | in cases where the father is the
employee
parent, paternity | 13 | | must first be established. Paternity may be
established by any | 14 | | one of the following means: (1) acknowledgment by the
father, | 15 | | or (2) adjudication before or after the death of the father, or | 16 | | (3)
any other means acceptable to the board of trustees of the | 17 | | pension fund or
retirement system.
| 18 | | (Source: P.A. 94-229, eff. 1-1-06.)
| 19 | | (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
| 20 | | Sec. 15-129. Child.
| 21 | | "Child": The child of a participant or an annuitant, | 22 | | including a nonmarital child born out of wedlock , a stepchild |
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| 1 | | who has been such for not less than 1 year
immediately | 2 | | preceding the death of the participant or annuitant, and an
| 3 | | adopted child.
| 4 | | (Source: P.A. 94-229, eff. 1-1-06; 95-279, eff. 1-1-08.)
| 5 | | Section 10. The School Code is amended by changing Section | 6 | | 27-9.1 as follows:
| 7 | | (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
| 8 | | Sec. 27-9.1. Sex Education.
| 9 | | (a) In this Section: | 10 | | "Adapt" means to modify an evidence-based program model
for | 11 | | use with a particular demographic, ethnic, linguistic, or
| 12 | | cultural group. | 13 | | "Age appropriate" means suitable to particular ages or age
| 14 | | groups of children and adolescents, based on the developing
| 15 | | cognitive, emotional, and behavioral capacity typical for the
| 16 | | age or age group. | 17 | | "Evidence-based program" means a program for which
| 18 | | systematic, empirical research or evaluation has provided
| 19 | | evidence of effectiveness. | 20 | | "Medically accurate" means verified or supported by the
| 21 | | weight of research conducted in compliance with accepted
| 22 | | scientific methods and published in peer-reviewed journals,
if | 23 | | applicable, or comprising information recognized as accurate, | 24 | | objective, and complete. |
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| 1 | | (a-5) No pupil shall be required to take or participate in | 2 | | any class or course
in comprehensive sex education if his | 3 | | parent or guardian submits written
objection thereto, and | 4 | | refusal to take or participate in such course or
program shall | 5 | | not be reason for suspension or expulsion of such pupil.
Each | 6 | | class or course in comprehensive sex education offered in any | 7 | | of
grades 6 through 12 shall include instruction on both | 8 | | abstinence and contraception for the prevention of pregnancy | 9 | | and sexually transmitted diseases, including HIV/AIDS.
Nothing | 10 | | in this Section prohibits instruction in sanitation, hygiene or
| 11 | | traditional courses in biology.
| 12 | | (b) All public school
classes that teach sex education and | 13 | | discuss sexual intercourse in grades 6 through 12 shall
| 14 | | emphasize that abstinence from
sexual intercourse is a | 15 | | responsible and positive decision and is the only
protection | 16 | | that is 100% effective against unwanted teenage pregnancy,
| 17 | | sexually transmitted diseases, and acquired immune deficiency | 18 | | syndrome
(AIDS) when transmitted sexually.
| 19 | | (c) All classes that teach sex education and discuss sexual | 20 | | intercourse in grades 6 through 12 shall
satisfy the following | 21 | | criteria:
| 22 | | (1) Course material and instruction shall be | 23 | | developmentally and age appropriate, medically accurate, | 24 | | and complete.
| 25 | | (1.5) Course material and instruction shall replicate | 26 | | evidence-based programs or substantially incorporate |
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| 1 | | elements of evidence-based programs.
| 2 | | (2) Course material and instruction shall teach honor | 3 | | and respect for
monogamous heterosexual marriage.
| 4 | | (3) Course material and instruction shall place | 5 | | substantial emphasis on both abstinence, including | 6 | | abstinence until marriage, and contraception for the | 7 | | prevention of pregnancy and sexually transmitted diseases | 8 | | among youth and shall stress that abstinence is the ensured | 9 | | method of avoiding unintended pregnancy, sexually | 10 | | transmitted diseases, and HIV/AIDS.
| 11 | | (4) Course material and instruction shall include a | 12 | | discussion of the
possible emotional and psychological | 13 | | consequences of preadolescent and
adolescent sexual | 14 | | intercourse and the consequences of
unwanted adolescent | 15 | | pregnancy.
| 16 | | (5) Course material and instruction shall stress that | 17 | | sexually
transmitted diseases are serious possible hazards | 18 | | of sexual intercourse.
Pupils shall be provided with | 19 | | statistics based on the latest medical
information citing | 20 | | the failure and success rates of condoms in preventing
AIDS | 21 | | and other sexually transmitted diseases.
| 22 | | (6) Course material and instruction shall advise | 23 | | pupils of the laws
pertaining to their financial | 24 | | responsibility to marital and nonmarital children born in | 25 | | and out of
wedlock .
| 26 | | (7) Course material and instruction shall advise |
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| 1 | | pupils of the
circumstances under which it is unlawful for | 2 | | males to have sexual relations
with females under the
age | 3 | | of 18 to whom they are not married pursuant to Article 11 | 4 | | of the
Criminal Code of 2012.
| 5 | | (8) Course material and instruction shall teach pupils | 6 | | to not make
unwanted physical and verbal sexual advances | 7 | | and how to say no to unwanted
sexual advances. Pupils shall | 8 | | be taught that it is wrong to take advantage
of or to | 9 | | exploit another person. The material and instruction shall | 10 | | also
encourage youth to resist negative peer pressure.
| 11 | | (9) (Blank).
| 12 | | (10) Course material and instruction shall teach | 13 | | pupils about the dangers associated with drug and alcohol | 14 | | consumption during pregnancy. | 15 | | (d) An opportunity shall be afforded to individuals, | 16 | | including parents or guardians, to examine
the instructional | 17 | | materials to be used in such class or course.
| 18 | | (e) The State Board of Education shall make available | 19 | | resource materials, with the cooperation and input of the | 20 | | agency that administers grant programs consistent with | 21 | | criteria (1) and (1.5) of subsection (c) of this Section, for | 22 | | educating children regarding sex education and may take into | 23 | | consideration the curriculum on this subject developed by other | 24 | | states, as well as any other curricular materials suggested by | 25 | | education experts and other groups that work on sex education | 26 | | issues. Materials may include without limitation model sex |
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| 1 | | education curriculums and sexual health education programs. | 2 | | The State Board of Education shall make these resource | 3 | | materials available on its Internet website. School districts | 4 | | that do not currently provide sex education are not required to | 5 | | teach sex education. If a sex education class or course is | 6 | | offered in any of grades 6 through 12, the school district may | 7 | | choose and adapt the developmentally and age-appropriate, | 8 | | medically accurate, evidence-based, and complete sex education | 9 | | curriculum that meets the specific needs of its community. | 10 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)
| 11 | | Section 15. The Illinois Insurance Code is amended by | 12 | | changing Section 356i as follows:
| 13 | | (215 ILCS 5/356i) (from Ch. 73, par. 968i)
| 14 | | Sec. 356i. Medical assistance; coverage of child.
| 15 | | (a) In this Section, "Medicaid" means medical assistance | 16 | | authorized under
Section 1902 of the Social Security Act.
| 17 | | (b) An individual or group
policy of accident and health | 18 | | insurance that is delivered or issued for
delivery to any | 19 | | person in this State or renewed or amended may not contain
any | 20 | | provision which limits or excludes payments of hospital or
| 21 | | medical
benefits coverage to or on behalf of the insured | 22 | | because the insured or
any covered dependent is eligible for or | 23 | | receiving Medicaid benefits in this or any other state.
| 24 | | (c) To the extent that payment for covered expenses has |
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| 1 | | been made under
Article V, VI, or VII of the Illinois Public | 2 | | Aid Code for health care services
provided to an individual, if | 3 | | a third party has a legal liability to make
payments for those | 4 | | health care services, the State is considered to have
acquired | 5 | | the rights of the individual to payment.
| 6 | | (d) If a child is covered under an accident and health | 7 | | insurance policy
issued to the child's noncustodial parent, the | 8 | | issuer of the policy shall do
all of the following:
| 9 | | (1) Provide necessary information to the child's | 10 | | custodial parent to
enable the child to obtain benefits | 11 | | under that coverage.
| 12 | | (2) Permit the child's custodial parent (or the | 13 | | provider, with the
custodial parent's approval) to submit | 14 | | claims for payment for covered services
without the
| 15 | | approval of the noncustodial parent.
| 16 | | (3) Make payments on claims submitted in accordance | 17 | | with paragraph (2)
directly to the custodial parent, the | 18 | | provider of health care services, or the
state Medicaid | 19 | | agency.
| 20 | | (e) An insurer may not deny enrollment of a child under the | 21 | | accident and
health insurance coverage of the child's parent on | 22 | | any of the following
grounds:
| 23 | | (1) The child was a nonmarital child born out of | 24 | | wedlock .
| 25 | | (2) The child is not claimed as a dependent on the | 26 | | parent's federal income
tax return.
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| 1 | | (3) The child does not reside with the parent or in the | 2 | | insurer's service
area.
| 3 | | (f) If a parent is required by a court or administrative | 4 | | order to provide
accident and health insurance coverage for a | 5 | | child and the parent is insured
under a plan that offers | 6 | | coverage
for eligible dependents, the insurer, upon receiving a | 7 | | copy of the order,
shall:
| 8 | | (1) Upon application, permit the parent to add to the
| 9 | | parent's coverage such a
child who is
otherwise eligible | 10 | | for that coverage, without regard to any enrollment
season | 11 | | restrictions.
| 12 | | (2) Add the child to the parent's coverage upon
| 13 | | application of the child's
other parent, the state agency | 14 | | administering the Medicaid program, or the state
agency | 15 | | administering a program for enforcing child support and | 16 | | establishing
paternity under 42 U.S.C. 651 through 669 (or | 17 | | another child support
enforcement program), if the parent | 18 | | is covered but fails to apply for coverage
for the child.
| 19 | | (g) An insurer may not impose, on a state agency that has | 20 | | been assigned the
rights of a covered individual who
receives | 21 | | Medicaid benefits, requirements that are different from | 22 | | requirements
applicable to an assignee of any other individual | 23 | | covered under the same
insurance policy.
| 24 | | (h) Nothing in subsections (e) and (f) prevents an
insurer | 25 | | from denying any such application if the child is not eligible | 26 | | for
coverage according to the insurer's medical underwriting |
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| 1 | | standards.
| 2 | | (i) The insurer may not eliminate coverage of such a child | 3 | | unless the
insurer
is provided
satisfactory written evidence of | 4 | | either of the following:
| 5 | | (1) The court or administrative order is no longer in | 6 | | effect.
| 7 | | (2) The child is or will be covered under a comparable | 8 | | health care plan
obtained by the parent under such order
| 9 | | and that coverage is currently in
effect or will take | 10 | | effect
not later than the date the prior coverage is | 11 | | terminated.
| 12 | | (Source: P.A. 89-183, eff. 1-1-96.)
| 13 | | Section 20. The Health Maintenance Organization Act is | 14 | | amended by changing Section 4-2 as follows:
| 15 | | (215 ILCS 125/4-2) (from Ch. 111 1/2, par. 1408.2)
| 16 | | Sec. 4-2. Medical assistance; coverage of child.
| 17 | | (a) In this Section, "Medicaid" means medical assistance | 18 | | authorized under
Section 1902 of the Social Security Act.
| 19 | | (b) A contract or
evidence of coverage delivered, issued | 20 | | for delivery, renewed, or amended by
a Health Maintenance | 21 | | Organization may not contain any provision
which
limits or | 22 | | excludes payments of health care services
to or on behalf of | 23 | | the enrollee because the enrollee or any covered
dependent is | 24 | | eligible for or is receiving Medicaid
benefits in this or any |
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| 1 | | other state.
| 2 | | (c) To the extent that payment for covered expenses has | 3 | | been made under
Article V, VI, or VII of the Illinois Public | 4 | | Aid Code for health care services
provided to an individual, if | 5 | | a third party has a legal liability to make
payments for those | 6 | | health care services, the State is considered to have
acquired | 7 | | the rights of the individual to payment.
| 8 | | (d) If a child is covered under a health care plan of a | 9 | | Health Maintenance
Organization in which
the child's | 10 | | noncustodial parent is an enrollee, the Health Maintenance
| 11 | | Organization shall:
| 12 | | (1) Provide necessary information to the child's | 13 | | custodial parent to
enable the child to obtain benefits | 14 | | under that health care plan.
| 15 | | (2) Permit the child's custodial parent (or the | 16 | | provider, with the
custodial parent's approval) to submit | 17 | | claims for payment for covered services
without the
| 18 | | approval of the noncustodial parent.
| 19 | | (3) Make payments on claims submitted in accordance | 20 | | with paragraph (2)
directly to the custodial parent, the | 21 | | provider of health care services, or the
state Medicaid | 22 | | agency.
| 23 | | (e) A Health Maintenance Organization may not deny | 24 | | enrollment of a child
under the
health care plan in which the | 25 | | child's parent is an enrollee on any of the
following
grounds:
| 26 | | (1) The child was a nonmarital child born out of |
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| 1 | | wedlock .
| 2 | | (2) The child is not claimed as a dependent on the | 3 | | parent's federal income
tax return.
| 4 | | (3) The child does not reside with the parent or in the | 5 | | service
area covered by the health care plan.
| 6 | | (f) If a parent is required by a court or administrative | 7 | | order to provide
coverage for a child under a health care plan | 8 | | in which the parent is enrolled,
and that offers coverage for | 9 | | eligible
dependents, the Health Maintenance Organization,
upon | 10 | | receiving a copy of the order, shall:
| 11 | | (1) Upon application, permit the parent to enroll
in | 12 | | the health care
plan a child who is
otherwise eligible for | 13 | | that coverage, without regard to any enrollment
season | 14 | | restrictions that
might otherwise be applicable as to the | 15 | | time period within which a person may
enroll in the plan.
| 16 | | (2) Enroll the child in the health care plan upon
| 17 | | application of the
child's
other parent, the state agency | 18 | | administering the Medicaid program, or the state
agency | 19 | | administering a program for enforcing child support and | 20 | | establishing
paternity under 42 U.S.C. 651 through 669 (or | 21 | | another child support
enforcement program), if the parent | 22 | | is enrolled in the health care plan but
fails to apply for | 23 | | enrollment of the child.
| 24 | | (g) A Health Maintenance Organization may not impose, on a | 25 | | state agency that
has been assigned
the
rights of an enrollee | 26 | | in a health care plan who
receives Medicaid benefits, |
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| 1 | | requirements that are different from requirements
applicable | 2 | | to an assignee of any other enrollee in that health care
plan.
| 3 | | (h) Nothing in subsections (e) and (f) prevents a Health | 4 | | Maintenance
Organization from denying any such application if | 5 | | the child is not eligible for
coverage
according to the Health | 6 | | Maintenance Organization's medical underwriting
standards.
| 7 | | (i) The Health Maintenance Organization may not disenroll | 8 | | (or otherwise
eliminate coverage
of) the child from the health
| 9 | | care plan unless the Health Maintenance Organization is | 10 | | provided
satisfactory written evidence of either of the | 11 | | following:
| 12 | | (1) The court or administrative order is no longer in | 13 | | effect.
| 14 | | (2) The child is or will be enrolled in a comparable | 15 | | health care plan
obtained by the parent under such order
| 16 | | and that enrollment is currently in effect or will take
| 17 | | effect
not later than the date the prior coverage is | 18 | | terminated.
| 19 | | (Source: P.A. 89-183, eff. 1-1-96.)
| 20 | | Section 25. The Voluntary Health Services Plans Act is | 21 | | amended by changing Section 15.12 as follows:
| 22 | | (215 ILCS 165/15.12) (from Ch. 32, par. 609.12)
| 23 | | Sec. 15.12. Medical assistance; coverage of child.
| 24 | | (a) In this Section, "Medicaid" means medical assistance |
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| 1 | | authorized under
Section 1902 of the Social Security Act.
| 2 | | (b) A
contract delivered, issued for delivery, renewed, or | 3 | | amended by a health
services plan corporation may not contain | 4 | | any
provision which
limits or excludes
payments of hospital or | 5 | | medical benefits coverage to or on behalf of the
subscriber | 6 | | because the subscriber
or any covered dependent is eligible for | 7 | | or receiving Medicaid
benefits in this or any other state.
| 8 | | (c) To the extent that payment for covered expenses has | 9 | | been made under
Article V, VI, or VII of the Illinois Public | 10 | | Aid Code for health care services
provided to an individual, if | 11 | | a third party has a legal liability to make
payments for those | 12 | | health care services, the State is considered to have
acquired | 13 | | the rights of the individual to payment.
| 14 | | (d) If a child is covered under a voluntary health services | 15 | | plan in which
the child's noncustodial parent is a beneficiary, | 16 | | the health services plan
corporation shall:
| 17 | | (1) Provide necessary information to the child's | 18 | | custodial parent to
enable the child to obtain benefits | 19 | | under that voluntary health services plan.
| 20 | | (2) Permit the child's custodial parent (or the | 21 | | provider, with the
custodial parent's approval) to submit | 22 | | claims for payment for covered services
without the
| 23 | | approval of the noncustodial parent.
| 24 | | (3) Make payments on claims submitted in accordance | 25 | | with paragraph (2)
directly to the custodial parent, the | 26 | | provider of health care services, or the
state Medicaid |
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| 1 | | agency.
| 2 | | (e) A health services plan corporation may not deny | 3 | | enrollment of a child
under a voluntary health services plan in | 4 | | which the child's parent is
a beneficiary on any of the | 5 | | following grounds:
| 6 | | (1) The child was a nonmarital child born out of | 7 | | wedlock .
| 8 | | (2) The child is not claimed as a dependent on the | 9 | | parent's federal income
tax return.
| 10 | | (3) The child does not reside with the parent or in the | 11 | | area covered by
the plan.
| 12 | | (f) If a parent is required by a court or administrative | 13 | | order to provide
coverage for a child under a voluntary health | 14 | | services plan and has a plan
which offers coverage for
eligible | 15 | | dependents, the health services plan corporation,
upon | 16 | | receiving a copy of the order, shall:
| 17 | | (1) Upon application, permit the parent to enroll,
as a | 18 | | subscriber to
the plan, a child who
is otherwise eligible | 19 | | for that coverage, without regard to any enrollment
season | 20 | | restrictions
that might otherwise be applicable as to the | 21 | | time period within which a person
may subscribe to the | 22 | | plan.
| 23 | | (2) Enroll the child as a subscriber to the plan
upon | 24 | | application of the
child's other parent, the state agency | 25 | | administering the Medicaid program, or
the state agency | 26 | | administering a program for enforcing child support and
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| 1 | | establishing paternity under 42 U.S.C. 651 through 669 (or | 2 | | another
child support enforcement program), if the parent | 3 | | is a beneficiary to the plan
but fails to apply
for | 4 | | enrollment of the child.
| 5 | | (g) A health services plan corporation may not impose, on a | 6 | | state agency
that
has been assigned the rights of an individual | 7 | | who is a beneficiary to a
voluntary
health services plan who | 8 | | receives Medicaid benefits, requirements that are
different | 9 | | from requirements applicable to an assignee of any other | 10 | | individual
who is a beneficiary to that plan.
| 11 | | (h) Nothing in subsections (e) and (f) prevents a health | 12 | | services plan
corporation from denying any such application if | 13 | | the child is not eligible for
coverage according to the health | 14 | | services plan corporation's medical
underwriting standards.
| 15 | | (i) The health services plan corporation may not disenroll | 16 | | (or otherwise
eliminate coverage of)
the child from the plan | 17 | | unless the corporation is provided satisfactory written
| 18 | | evidence of either
of the following:
| 19 | | (1) The court or administrative order is no longer in | 20 | | effect.
| 21 | | (2) The child is or will be enrolled in a comparable
| 22 | | health care plan obtained by the parent under such order | 23 | | and
that enrollment is currently in effect or will take | 24 | | effect not later than the
date the prior coverage is | 25 | | terminated.
| 26 | | (Source: P.A. 89-183, eff. 1-1-96.)
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| 1 | | Section 30. The Illinois Public Aid Code is amended by | 2 | | changing Sections 10-2, 10-4, 10-6, and 11-9 as follows:
| 3 | | (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
| 4 | | Sec. 10-2. Extent of Liability. A husband is liable for the | 5 | | support of his
wife and a wife for the support of her husband. | 6 | | Unless the child is otherwise
emancipated, the parents are | 7 | | severally liable for the support of any child
under age 18, and | 8 | | for any child aged 18 who is attending high school, until
that | 9 | | child graduates from high school, or attains the age of 19, | 10 | | whichever is
earlier. The term "child" includes a nonmarital | 11 | | child born out of wedlock, or legally
adopted child.
| 12 | | In addition to the primary obligation of support imposed | 13 | | upon
responsible relatives, such relatives, if individually or | 14 | | together in any
combination they have sufficient income or | 15 | | other resources to support a
needy person, in whole or in part, | 16 | | shall be liable for any financial aid
extended under this Code | 17 | | to a person for whose support they are
responsible, including | 18 | | amounts expended for funeral and burial costs.
| 19 | | (Source: P.A. 92-876, eff. 6-1-03.)
| 20 | | (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
| 21 | | Sec. 10-4. Notification of Support Obligation. The | 22 | | administrative enforcement unit within the authorized area of | 23 | | its
operation shall notify each responsible relative of an |
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| 1 | | applicant or recipient,
or responsible relatives of other | 2 | | persons given access to the child support
enforcement services
| 3 | | of this Article, of his legal obligation to support and shall | 4 | | request such
information concerning his financial status as may | 5 | | be necessary to
determine whether he is financially able to | 6 | | provide such support, in whole
or in part. In cases involving a | 7 | | nonmarital child born out of wedlock , the notification
shall | 8 | | include a statement that the responsible relative has been | 9 | | named as the
biological father of the child identified in the | 10 | | notification.
| 11 | | In the case of applicants, the notification shall be sent | 12 | | as soon as
practical after the filing of the application. In | 13 | | the case of recipients,
the notice shall be sent at such time | 14 | | as may be established by rule of the
Illinois Department.
| 15 | | The notice shall be accompanied by the forms or | 16 | | questionnaires provided
in Section 10-5. It shall inform the | 17 | | relative that he may be liable for
reimbursement of any support | 18 | | furnished from public aid funds prior to
determination of the | 19 | | relative's financial circumstances, as well as for
future | 20 | | support.
In the alternative, when support is sought on
behalf | 21 | | of applicants for or
recipients of financial aid under Article | 22 | | IV of this Code and other persons who
are given access to the | 23 | | child support enforcement services
of this Article as
provided | 24 | | in Section 10-1, the notice shall inform the relative that the
| 25 | | relative may be required to pay support for a period before the | 26 | | date an
administrative support order is entered, as well as |
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| 1 | | future support.
| 2 | | Neither the mailing nor receipt of such notice shall be | 3 | | deemed a
jurisdictional requirement for the subsequent | 4 | | exercise of the investigative
procedures undertaken by an | 5 | | administrative enforcement unit or the entry of
any order or | 6 | | determination of paternity or support or reimbursement
by the
| 7 | | administrative enforcement unit; except that notice shall be | 8 | | served by
certified mail addressed to the responsible relative | 9 | | at his or her last
known address, return receipt requested, or | 10 | | by a person who is licensed or registered as a private | 11 | | detective under the Private Detective, Private Alarm, Private | 12 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a | 13 | | registered employee of a private detective agency certified | 14 | | under that Act, or in counties with a population of less than | 15 | | 2,000,000 by any method provided by law
for service of summons, | 16 | | in cases where a determination of paternity or
support by | 17 | | default is sought on
behalf of applicants for or recipients of | 18 | | financial aid under Article IV
of this Act and other persons | 19 | | who are given access to the child
support enforcement services | 20 | | of this Article as provided in Section 10-1.
| 21 | | (Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
| 22 | | (305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
| 23 | | Sec. 10-6. Investigation and Determination. The | 24 | | administrative enforcement unit shall review the forms or
| 25 | | questionnaires returned by each responsible relative and |
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| 1 | | supplement the
information provided therein, where required, | 2 | | by such additional
consultations with the responsible relative | 3 | | and such other investigations
as may be necessary, including | 4 | | genetic testing if paternity is an issue
and, applying the | 5 | | standard or guidelines and
regulations established by the | 6 | | Illinois Department, shall determine whether
and the extent to | 7 | | which, the responsible relative individually or together
in any | 8 | | combination, are reasonably able to provide support.
If the | 9 | | child is a nonmarital child was born out of wedlock and the | 10 | | case is subject to the voluntary
acknowledgment of paternity or
| 11 | | the administrative determination of paternity under rules | 12 | | established under
Section
10-17.7, the Child and Spouse Support | 13 | | Unit of the Illinois Department shall
determine the child | 14 | | support obligation under subsection (b) of Section 10-7
upon | 15 | | establishing the child's paternity.
If the child's paternity | 16 | | was established by judicial or administrative
process in any | 17 | | other state, the Illinois Department may use administrative
| 18 | | processes contained in this Article X to establish a child | 19 | | support order.
| 20 | | In aid of its investigative authority, the
Child and Spouse | 21 | | Support Unit of the
Illinois Department may use the subpoena | 22 | | power as set forth in
this Article.
| 23 | | The Illinois Department, by rule, may authorize the | 24 | | administrative
enforcement units to conduct periodic or other | 25 | | reinvestigations and
redeterminations of the financial ability | 26 | | of responsible relatives. Any
redeterminations shall have the |
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| 1 | | effect of altering, amending, or modifying
previous | 2 | | determinations and administrative orders entered pursuant to
| 3 | | Sections 10-7 and 10-11. However, any redetermination which
| 4 | | establishes liability for support or reimbursement, or which | 5 | | modifies the
support or reimbursement liability specified in a | 6 | | prior order, shall be
subject to the provisions of Section | 7 | | 10-12 and the administrative and
judicial review procedures | 8 | | herein provided for original orders.
| 9 | | (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
| 10 | | (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
| 11 | | Sec. 11-9. Protection of records - Exceptions. For the | 12 | | protection of applicants and recipients, the Illinois | 13 | | Department,
the county departments and local governmental | 14 | | units and their respective
officers and employees are | 15 | | prohibited, except as hereinafter provided, from
disclosing | 16 | | the contents of any records, files, papers and communications,
| 17 | | except for purposes directly connected with the administration | 18 | | of public
aid under this Code.
| 19 | | In any judicial proceeding, except a proceeding directly | 20 | | concerned with
the administration of programs provided for in | 21 | | this Code, such records,
files, papers and communications, and | 22 | | their contents shall be deemed
privileged communications and | 23 | | shall be disclosed only upon the order of the
court, where the | 24 | | court finds such to be necessary in the interest of justice.
| 25 | | The Illinois Department shall establish and enforce |
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| 1 | | reasonable rules and
regulations governing the custody, use and | 2 | | preservation of the records,
papers, files, and communications | 3 | | of the Illinois Department, the county
departments and local | 4 | | governmental units receiving State or Federal funds
or aid. The | 5 | | governing body of other local governmental units shall in like
| 6 | | manner establish and enforce rules and regulations governing | 7 | | the same matters.
| 8 | | The contents of case files pertaining to recipients under | 9 | | Articles IV, V,
and VI shall be made available without subpoena | 10 | | or formal notice to the
officers of any court, to all law | 11 | | enforcing agencies, and to such other persons
or
agencies as | 12 | | from time to time may be authorized by any court.
In | 13 | | particular, the contents of those case files shall be made | 14 | | available upon
request to a law enforcement agency for the | 15 | | purpose of determining the current
address of a recipient with | 16 | | respect to whom an arrest warrant is outstanding,
and
the | 17 | | current address of a recipient who was a victim of a felony or | 18 | | a
witness to a felony shall be made available upon
request to a | 19 | | State's Attorney of this State or a State's Attorney's
| 20 | | investigator. Information shall also be disclosed to
the | 21 | | Illinois State Scholarship
Commission pursuant to an | 22 | | investigation or audit by the Illinois State
Scholarship | 23 | | Commission of a delinquent student loan or monetary award.
| 24 | | This Section does not prevent the Illinois Department and | 25 | | local governmental
units from reporting to appropriate law | 26 | | enforcement officials the desertion
or abandonment by a parent |
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| 1 | | of a child, as a result of which financial aid
has been | 2 | | necessitated under Articles IV, V, or VI, or reporting
to
| 3 | | appropriate law enforcement officials instances in which a | 4 | | mother under
age 18 has a nonmarital child out of wedlock and | 5 | | is an applicant for or recipient of
aid under any Article of | 6 | | this Code. The Illinois Department may provide
by rule for the | 7 | | county departments and local governmental units to initiate
| 8 | | proceedings under the Juvenile Court Act of 1987 to have | 9 | | children declared
to be neglected when they deem
such action | 10 | | necessary to protect the children from immoral influences
| 11 | | present in their home or surroundings.
| 12 | | This Section does not preclude the full exercise of the | 13 | | powers of the Board
of Public Aid Commissioners to inspect | 14 | | records and documents, as provided
for all advisory boards | 15 | | pursuant to Section 5-505 of the
Departments of State | 16 | | Government Law (20 ILCS 5/5-505).
| 17 | | This Section does not preclude exchanges of information | 18 | | among the Department of Healthcare and Family Services | 19 | | (formerly Illinois
Department of Public Aid), the Department of | 20 | | Human Services (as successor to the
Department of Public Aid), | 21 | | and the Illinois Department of Revenue for the
purpose of | 22 | | verifying sources and amounts of income and for other purposes
| 23 | | directly connected with the administration of this Code and of | 24 | | the Illinois
Income Tax Act.
| 25 | | The provisions of this Section and of Section 11-11 as they | 26 | | apply to
applicants and recipients of public aid under Article |
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| 1 | | V shall
be operative only to the extent that they do not | 2 | | conflict with any Federal
law or regulation governing Federal | 3 | | grants to this State for such programs.
| 4 | | The Department of Healthcare and Family Services and the | 5 | | Department of Human Services
(as successor to the Illinois | 6 | | Department of Public Aid) shall enter into an
inter-agency | 7 | | agreement with the
Department of Children and Family Services | 8 | | to establish a procedure by which
employees of the Department | 9 | | of Children and Family Services may have immediate
access to | 10 | | records,
files, papers, and communications (except medical, | 11 | | alcohol or drug assessment
or treatment, mental health, or any | 12 | | other medical records) of the Illinois
Department, county
| 13 | | departments, and local governmental units receiving State or | 14 | | federal funds or
aid, if the Department of Children and Family | 15 | | Services determines the
information is necessary to perform its | 16 | | duties under the Abused and Neglected
Child Reporting Act, the | 17 | | Child Care Act of 1969, and the Children and Family
Services | 18 | | Act.
| 19 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 20 | | Section 35. The Crime Victims Compensation Act is amended | 21 | | by changing Section 2 as follows:
| 22 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 23 | | Sec. 2. Definitions. As used in this Act, unless the | 24 | | context
otherwise requires:
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| 1 | | (a) "Applicant" means any person who applies for | 2 | | compensation under this
Act or any person the Court of Claims | 3 | | finds is entitled to compensation,
including the guardian of a | 4 | | minor or of a person under legal disability. It
includes any | 5 | | person who was a dependent of a deceased victim of a crime of
| 6 | | violence for his or her support at the time of the death of | 7 | | that victim.
| 8 | | (b) "Court of Claims" means the Court of Claims created by | 9 | | the Court
of Claims Act.
| 10 | | (c) "Crime of violence" means and includes any offense | 11 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 12 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 13 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, | 14 | | 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, | 15 | | 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
| 16 | | 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 | 17 | | except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) | 18 | | of Section 11-14.4, of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery | 20 | | Protection Act, Section 125 of the Stalking No Contact Order | 21 | | Act, Section 219 of the Civil No Contact Order Act, driving | 22 | | under
the influence as defined in Section
11-501 of the | 23 | | Illinois Vehicle Code, a violation of Section 11-401 of the | 24 | | Illinois Vehicle Code, provided the victim was a pedestrian or | 25 | | was operating a vehicle moved solely by human power or a | 26 | | mobility device at the time of contact, and a violation of |
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| 1 | | Section 11-204.1 of the Illinois Vehicle Code; so long as the | 2 | | offense did not occur
during a civil riot, insurrection or | 3 | | rebellion. "Crime of violence" does not
include any other | 4 | | offense or accident involving a motor vehicle except those
| 5 | | vehicle offenses specifically provided for in this paragraph. | 6 | | "Crime of
violence" does include all of the offenses | 7 | | specifically provided for in this
paragraph that occur within | 8 | | this State but are subject to federal jurisdiction
and crimes | 9 | | involving terrorism as defined in 18 U.S.C. 2331.
| 10 | | (d) "Victim" means (1) a person killed or injured in this | 11 | | State as a
result of a crime of violence perpetrated or | 12 | | attempted against him or her,
(2) the
spouse or parent of a | 13 | | person killed or injured in this State as a result of a crime | 14 | | of
violence perpetrated or attempted against the person, (3) a | 15 | | person killed
or injured in this State while attempting to | 16 | | assist a person against whom a
crime of violence is being | 17 | | perpetrated or attempted, if that attempt of
assistance would | 18 | | be expected of a reasonable person under the circumstances,
(4) | 19 | | a person killed or injured in this State while assisting a law
| 20 | | enforcement official apprehend a person who has perpetrated a | 21 | | crime of
violence or prevent the perpetration of any such crime | 22 | | if that
assistance was in response to the express request of | 23 | | the law enforcement
official, (5) a person who personally
| 24 | | witnessed a violent crime, (5.1) solely
for the purpose of | 25 | | compensating for pecuniary loss incurred for
psychological | 26 | | treatment of a mental or emotional condition caused or |
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| 1 | | aggravated
by the crime, any other person under the age of 18 | 2 | | who is the brother, sister,
half brother, half sister, child, | 3 | | or stepchild
of a person killed or injured in
this State as a
| 4 | | result of a crime of violence, (6) an Illinois resident
who is | 5 | | a victim of a "crime of violence" as defined in this Act | 6 | | except, if
the crime occurred outside this State, the resident | 7 | | has the same rights
under this Act as if the crime had occurred | 8 | | in this State upon a showing
that the state, territory, | 9 | | country, or political subdivision of a country
in which the | 10 | | crime occurred does not have a compensation of victims of
| 11 | | crimes law for which that Illinois resident is eligible, (7) a | 12 | | deceased person whose body is dismembered or whose remains are | 13 | | desecrated as the result of a crime of violence, or (8) solely | 14 | | for the purpose of compensating for pecuniary loss incurred for | 15 | | psychological treatment of a mental or emotional condition | 16 | | caused or aggravated by the crime, any parent, spouse, or child | 17 | | under the age of 18 of a deceased person whose body is | 18 | | dismembered or whose remains are desecrated as the result of a | 19 | | crime of violence.
| 20 | | (e) "Dependent" means a relative of a deceased victim who | 21 | | was wholly or
partially dependent upon the victim's income at | 22 | | the time of his or her
death
and shall include the child of a | 23 | | victim born after his or her death.
| 24 | | (f) "Relative" means a spouse, parent, grandparent, | 25 | | stepfather, stepmother,
child, grandchild, brother, | 26 | | brother-in-law, sister, sister-in-law, half
brother, half |
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| 1 | | sister, spouse's parent, nephew, niece, uncle or aunt.
| 2 | | (g) "Child" means an unmarried son or daughter who is under | 3 | | 18 years of
age and includes a stepchild, an adopted child or a | 4 | | nonmarital child born out of wedlock .
| 5 | | (h) "Pecuniary loss" means, in the case of injury, | 6 | | appropriate medical
expenses and hospital expenses including | 7 | | expenses of medical
examinations, rehabilitation, medically | 8 | | required
nursing care expenses, appropriate
psychiatric care | 9 | | or psychiatric counseling expenses, expenses for care or
| 10 | | counseling by a licensed clinical psychologist, licensed | 11 | | clinical social
worker, licensed professional counselor, or | 12 | | licensed clinical professional counselor and expenses for | 13 | | treatment by Christian Science practitioners and
nursing care | 14 | | appropriate thereto; transportation expenses to and from | 15 | | medical and counseling treatment facilities; prosthetic | 16 | | appliances, eyeglasses, and
hearing aids necessary or damaged | 17 | | as a result of the
crime; costs associated with trafficking | 18 | | tattoo removal by a person authorized or licensed to perform | 19 | | the specific removal procedure; replacement costs for clothing | 20 | | and bedding used as evidence; costs
associated with temporary | 21 | | lodging or relocation necessary as a
result of the crime, | 22 | | including, but not limited to, the first month's rent and | 23 | | security deposit of the dwelling that the claimant relocated to | 24 | | and other reasonable relocation expenses incurred as a result | 25 | | of the violent crime;
locks or windows necessary or damaged as | 26 | | a result of the crime; the purchase,
lease, or rental of |
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| 1 | | equipment necessary to create usability of and
accessibility to | 2 | | the victim's real and personal property, or the real and
| 3 | | personal property which is used by the victim, necessary as a | 4 | | result of the
crime; the costs of appropriate crime scene | 5 | | clean-up;
replacement
services loss, to a maximum of $1,250 per | 6 | | month;
dependents replacement
services loss, to a maximum of | 7 | | $1,250 per month; loss of tuition paid to
attend grammar school | 8 | | or high school when the victim had been enrolled as a
student | 9 | | prior to the injury, or college or graduate school when
the | 10 | | victim had been enrolled as a day or night student prior to
the | 11 | | injury when the victim becomes unable to continue attendance at | 12 | | school
as a result of the crime of violence perpetrated against | 13 | | him or her; loss
of
earnings, loss of future earnings because | 14 | | of disability resulting from the
injury, and, in addition, in | 15 | | the case of death, expenses for funeral, burial, and travel and | 16 | | transport for survivors
of homicide victims to secure bodies of | 17 | | deceased victims and to transport
bodies for burial all of | 18 | | which
may not exceed a maximum of $7,500 and loss of support of | 19 | | the dependents of
the victim; in the case of dismemberment or | 20 | | desecration of a body, expenses for funeral and burial, all of | 21 | | which may not exceed a maximum of $7,500.
Loss of future | 22 | | earnings shall be reduced by any income from substitute work
| 23 | | actually performed by the victim or by income he or she would | 24 | | have earned
in
available appropriate substitute work he or she | 25 | | was capable of performing
but
unreasonably failed to undertake. | 26 | | Loss of earnings, loss of future
earnings and loss of support |
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| 1 | | shall be determined on the basis of the
victim's average net | 2 | | monthly earnings for the 6 months immediately
preceding the | 3 | | date of the injury or on $1,250 per month, whichever is less | 4 | | or, in cases where the absences commenced more than 3 years | 5 | | from the date of the crime, on the basis of the net monthly | 6 | | earnings for the 6 months immediately preceding the date of the | 7 | | first absence, not to exceed $1,250 per month.
If a divorced or | 8 | | legally separated applicant is claiming loss of support
for a | 9 | | minor child of the deceased, the amount of support for each | 10 | | child
shall be based either on the amount of support
pursuant | 11 | | to the judgment prior to the date of the deceased
victim's | 12 | | injury or death, or, if the subject of pending litigation filed | 13 | | by
or on behalf of the divorced or legally separated applicant | 14 | | prior to the
injury or death, on the result of that litigation. | 15 | | Real and personal
property includes, but is not limited to, | 16 | | vehicles, houses, apartments,
town houses, or condominiums. | 17 | | Pecuniary loss does not
include pain and suffering or property | 18 | | loss or damage.
| 19 | | (i) "Replacement services loss" means expenses reasonably | 20 | | incurred in
obtaining ordinary and necessary services in lieu | 21 | | of those the
injured person would have performed, not for | 22 | | income, but for the benefit
of himself or herself or his or her | 23 | | family, if he or she had not
been injured.
| 24 | | (j) "Dependents replacement services loss" means loss | 25 | | reasonably incurred
by dependents or private legal guardians of | 26 | | minor dependents after a victim's death in obtaining ordinary |
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| 1 | | and necessary
services in lieu of those the victim would have | 2 | | performed, not for income,
but for their benefit, if he or she | 3 | | had not been fatally injured.
| 4 | | (k) "Survivor" means immediate family including a parent, | 5 | | step-father,
step-mother, child,
brother, sister, or spouse.
| 6 | | (l) "Parent" means a natural parent, adopted parent, | 7 | | step-parent, or permanent legal guardian of another person. | 8 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 9 | | victim in connection with the commission of a violation of | 10 | | Section 10-9 of the Criminal Code of 2012. | 11 | | (Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13; | 12 | | 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.) | 13 | | Section 40. The Illinois Marriage and Dissolution of | 14 | | Marriage Act is amended by changing Sections 205 and 607 as | 15 | | follows:
| 16 | | (750 ILCS 5/205) (from Ch. 40, par. 205)
| 17 | | Sec. 205. Exceptions.
| 18 | | (1) Irrespective of the results of
laboratory tests and | 19 | | clinical examination relative to sexually transmitted
| 20 | | diseases, the clerks of the respective counties shall issue a
| 21 | | marriage license to parties to a proposed marriage (a) when a
| 22 | | woman is pregnant at the time of such application, or (b) when
| 23 | | a woman has, prior to the time of application, given birth to a | 24 | | nonmarital child born out of wedlock which is living at the |
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| 1 | | time of such application
and the man making such application | 2 | | makes affidavit that he is the
father of the nonmarital such | 3 | | child born out of wedlock . The county clerk shall, in lieu
of | 4 | | the health certificate required hereunder, accept, as the case
| 5 | | may be, either an affidavit on a form prescribed by the State
| 6 | | Department of Public Health, signed by a physician duly | 7 | | licensed
in this State, stating that the woman is pregnant, or | 8 | | a copy of
the birth record of the nonmarital child born out of | 9 | | wedlock , if one is available
in this State, or if such birth | 10 | | record is not available, an affidavit
signed by the woman that | 11 | | she is the mother of such child.
| 12 | | (2) Any judge of the circuit court within the county in | 13 | | which the
license is to be issued is authorized and empowered | 14 | | on joint
application by both applicants for a marriage license | 15 | | to waive
the requirements as to medical examination, laboratory | 16 | | tests, and
certificates, except the requirements of paragraph | 17 | | (4) of subsection (a)
of Section 212 of this Act which shall | 18 | | not be waived; and to authorize
the county clerk to issue the | 19 | | license
if all other requirements of law have been complied | 20 | | with and the judge
is satisfied, by affidavit, or other proof, | 21 | | that the examination or
tests are contrary to the tenets or | 22 | | practices of the religious creed
of which the applicant is an | 23 | | adherent, and that the public health and welfare
will not be | 24 | | injuriously affected thereby.
| 25 | | (Source: P.A. 94-229, eff. 1-1-06.)
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| 1 | | (750 ILCS 5/607) (from Ch. 40, par. 607)
| 2 | | Sec. 607. Visitation.
| 3 | | (a) A parent not granted custody of the child
is entitled | 4 | | to reasonable visitation rights unless the court finds,
after a | 5 | | hearing, that visitation would endanger seriously the child's
| 6 | | physical, mental, moral or emotional health. If the custodian's | 7 | | street
address is not identified, pursuant to Section 708, the | 8 | | court shall require
the parties to identify reasonable | 9 | | alternative arrangements for visitation
by a non-custodial | 10 | | parent, including but not limited to visitation of the
minor | 11 | | child at the residence of another person or at a local public | 12 | | or
private facility.
| 13 | | (1) "Visitation" means in-person time spent between a | 14 | | child and the child's parent. In appropriate | 15 | | circumstances, it may include electronic communication | 16 | | under conditions and at times determined by the court. | 17 | | (2) "Electronic communication" means time that a | 18 | | parent spends with his or her child during which the child | 19 | | is not in the parent's actual physical custody, but which | 20 | | is facilitated by the use of communication tools such as | 21 | | the telephone, electronic mail, instant messaging, video | 22 | | conferencing or other wired or wireless technologies via | 23 | | the Internet, or another medium of communication.
| 24 | | (a-3) Grandparents, great-grandparents, and siblings of a | 25 | | minor child, who is one year old or older, have standing to | 26 | | bring an action in circuit court by petition, requesting |
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| 1 | | visitation in accordance with this Section. The term "sibling" | 2 | | in this Section means a brother, sister, stepbrother, or | 3 | | stepsister of the minor child. Grandparents, | 4 | | great-grandparents, and siblings also have standing to file a | 5 | | petition for visitation and any electronic communication
| 6 | | rights in a pending dissolution proceeding or any other | 7 | | proceeding that involves custody or visitation issues, | 8 | | requesting visitation in accordance with this Section. A | 9 | | petition for visitation with a child by a person other than a | 10 | | parent must be filed in the county in which the child resides. | 11 | | Nothing in this subsection (a-3) and subsection (a-5) of this | 12 | | Section shall apply to a child in whose interests a petition is | 13 | | pending under Section 2-13 of the Juvenile Court Act of 1987 or | 14 | | a petition to adopt an unrelated child is pending under the | 15 | | Adoption Act. | 16 | | (a-5)(1) Except as otherwise provided in this subsection | 17 | | (a-5), any grandparent, great-grandparent, or sibling may file | 18 | | a
petition for
visitation rights to a minor child if there is | 19 | | an unreasonable denial of visitation by a parent and at least | 20 | | one
of the
following conditions exists: | 21 | | (A) (Blank); | 22 | | (A-5) the child's other parent is deceased or has been | 23 | | missing for at least 3 months. For the purposes of this | 24 | | Section a parent is considered to be missing if the | 25 | | parent's location has not been determined and the parent | 26 | | has been reported as missing to a law enforcement agency;
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| 1 | | (A-10) a parent of the child is incompetent as a matter | 2 | | of law;
| 3 | | (A-15) a parent has been incarcerated in jail or prison | 4 | | during the 3 month period preceding the filing of the | 5 | | petition;
| 6 | | (B) the child's mother and father are divorced or have | 7 | | been legally separated from
each other or there is pending | 8 | | a dissolution proceeding involving a parent of the child or | 9 | | another court proceeding involving custody or visitation | 10 | | of the child (other than any adoption proceeding of an | 11 | | unrelated child) and at least one parent does not object to | 12 | | the grandparent, great-grandparent, or sibling having | 13 | | visitation with the child. The visitation of the | 14 | | grandparent, great-grandparent, or sibling must not | 15 | | diminish the visitation of the parent who is not related to | 16 | | the grandparent, great-grandparent, or sibling seeking | 17 | | visitation; | 18 | | (C) (Blank); | 19 | | (D) the child is a nonmarital child born out of | 20 | | wedlock , the parents are not living together, and the | 21 | | petitioner is a maternal grandparent, great-grandparent, | 22 | | or sibling of the nonmarital child born out of wedlock ; or | 23 | | (E) the child is a nonmarital child born out of | 24 | | wedlock , the parents are not living together, the | 25 | | petitioner is a paternal grandparent, great-grandparent, | 26 | | or sibling, and the paternity has been established by a |
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| 1 | | court of competent jurisdiction. | 2 | | (2) Any visitation rights granted pursuant to this Section | 3 | | before the filing of a petition for adoption of a child shall | 4 | | automatically terminate by operation of law upon the entry of | 5 | | an order terminating parental rights or granting the adoption | 6 | | of the child, whichever is earlier. If the person or persons | 7 | | who adopted the child are related to the child, as defined by | 8 | | Section 1 of the Adoption Act, any person who was related to | 9 | | the child as grandparent, great-grandparent, or sibling prior | 10 | | to the adoption shall have standing to bring an action pursuant | 11 | | to this Section requesting visitation with the child.
| 12 | | (3) In making a determination under this subsection (a-5), | 13 | | there is a
rebuttable
presumption that a fit parent's actions | 14 | | and decisions regarding grandparent,
great-grandparent, or | 15 | | sibling visitation are not harmful to the child's mental, | 16 | | physical, or emotional health. The
burden is on the
party | 17 | | filing a petition under this Section to prove that the
parent's | 18 | | actions and
decisions regarding visitation times are harmful to | 19 | | the child's mental, physical, or emotional health. | 20 | | (4) In determining whether to grant visitation, the court | 21 | | shall consider the following:
| 22 | | (A) the preference of the child if the child is | 23 | | determined to be of sufficient maturity to express a | 24 | | preference; | 25 | | (B) the mental and physical health of the child; | 26 | | (C) the mental and physical health of the grandparent, |
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| 1 | | great-grandparent, or sibling; | 2 | | (D) the length and quality of the prior relationship | 3 | | between the child and the grandparent, great-grandparent, | 4 | | or sibling;
| 5 | | (E) the good faith of the party in filing the petition;
| 6 | | (F) the good faith of the person denying visitation; | 7 | | (G) the quantity of the visitation time requested and | 8 | | the potential adverse impact that visitation would have on | 9 | | the child's customary activities; | 10 | | (H) whether the child resided with the petitioner for | 11 | | at least
6 consecutive months with or without the current | 12 | | custodian present; | 13 | | (I) whether the petitioner had frequent or regular | 14 | | contact or visitation with the child for at least 12 | 15 | | consecutive months;
| 16 | | (J) any other fact that establishes that the loss of | 17 | | the relationship between the petitioner and the child is | 18 | | likely to harm the child's mental, physical, or emotional | 19 | | health; and | 20 | | (K) whether the grandparent, great-grandparent, or | 21 | | sibling was a primary caretaker of the child for a period | 22 | | of not less than 6 consecutive months.
| 23 | | (5) The court may order visitation rights for the | 24 | | grandparent, great-grandparent, or sibling that include | 25 | | reasonable access without requiring overnight or possessory | 26 | | visitation.
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| 1 | | (a-7)(1) Unless by stipulation of the parties, no motion to | 2 | | modify a grandparent, great-grandparent, or sibling visitation | 3 | | order may be made earlier than 2 years after the date the order | 4 | | was filed, unless the court permits it to be made on the basis | 5 | | of affidavits that there is reason to believe the child's | 6 | | present environment may endanger seriously the child's mental, | 7 | | physical, or emotional health. | 8 | | (2) The court shall not modify an order that grants | 9 | | visitation to a grandparent, great-grandparent, or sibling | 10 | | unless it finds by clear and convincing evidence, upon the | 11 | | basis of facts that have arisen since the prior visitation | 12 | | order or that were unknown to the court at the time of entry of | 13 | | the prior visitation, that a change has occurred in the | 14 | | circumstances of the child or his or her custodian, and that | 15 | | the modification is necessary to protect the mental, physical, | 16 | | or emotional health of the child. The court shall state in its | 17 | | decision specific findings of fact in support of its | 18 | | modification or termination of the grandparent, | 19 | | great-grandparent, or sibling visitation. A child's parent may | 20 | | always petition to modify visitation upon changed | 21 | | circumstances when necessary to promote the child's best | 22 | | interest. | 23 | | (3) Attorney fees and costs shall be assessed against a | 24 | | party seeking modification of the visitation order if the court | 25 | | finds that the modification action is vexatious and constitutes | 26 | | harassment. |
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| 1 | | (4) Notice under this subsection (a-7) shall be given as | 2 | | provided in subsections (c) and (d) of Section 601.
| 3 | | (b) (1) (Blank.)
| 4 | | (1.5) The Court may grant reasonable visitation privileges | 5 | | to a stepparent
upon petition to the court by the stepparent, | 6 | | with notice to the parties
required to be notified under | 7 | | Section 601 of this Act, if the court determines
that it is in | 8 | | the best interests and welfare of the child, and may issue any
| 9 | | necessary orders to enforce those visitation privileges.
A | 10 | | petition for visitation privileges may be filed under this | 11 | | paragraph (1.5)
whether or not a petition pursuant to this Act | 12 | | has been previously filed or is
currently pending if the | 13 | | following
circumstances are met:
| 14 | | (A) the child is at least 12 years old;
| 15 | | (B) the child resided continuously with the parent and | 16 | | stepparent for at
least 5 years;
| 17 | | (C) the parent is deceased or is disabled and is unable | 18 | | to care for the
child;
| 19 | | (D) the child wishes to have reasonable visitation with | 20 | | the stepparent;
and
| 21 | | (E) the stepparent was providing for the care, control, | 22 | | and welfare to the
child prior to the initiation of the | 23 | | petition for visitation.
| 24 | | (2)(A) A petition for visitation privileges shall not be | 25 | | filed pursuant
to this subsection (b) by the parents or | 26 | | grandparents of a putative father
if the paternity of the |
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| 1 | | putative father has not been legally established.
| 2 | | (B) A petition for visitation privileges may not be filed | 3 | | under
this subsection (b) if the child who is the subject of | 4 | | the
grandparents' or great-grandparents' petition has been | 5 | | voluntarily
surrendered by the parent or parents, except for a | 6 | | surrender to the
Illinois Department of Children and Family | 7 | | Services or a foster care
facility, or has been previously | 8 | | adopted by an individual or individuals
who are not related to | 9 | | the biological parents of the child or is the
subject of a | 10 | | pending adoption petition by an individual or individuals who
| 11 | | are not related to the biological parents of the child.
| 12 | | (3) (Blank).
| 13 | | (c) The court may modify an order granting or denying | 14 | | visitation
rights of a parent whenever modification would serve | 15 | | the best interest of
the child;
but the court shall not | 16 | | restrict a parent's visitation rights unless it
finds that the | 17 | | visitation would endanger seriously the child's physical,
| 18 | | mental, moral or emotional health.
| 19 | | (d) If any court has entered an order prohibiting a | 20 | | non-custodial parent
of a child from any contact with a child
| 21 | | or restricting the non-custodial parent's contact with the | 22 | | child, the
following provisions shall apply:
| 23 | | (1) If an order has been entered granting visitation | 24 | | privileges with the
child to a grandparent or | 25 | | great-grandparent who is related to the child through
the | 26 | | non-custodial parent, the visitation privileges of the |
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| 1 | | grandparent or
great-grandparent may be revoked if:
| 2 | | (i) a court has entered an order prohibiting the | 3 | | non-custodial parent
from any contact with the child, | 4 | | and the grandparent or great-grandparent is
found to | 5 | | have used his or her visitation privileges to | 6 | | facilitate contact
between the child and the | 7 | | non-custodial parent; or
| 8 | | (ii) a court has entered an order restricting the | 9 | | non-custodial parent's
contact with the child, and the | 10 | | grandparent or great-grandparent is found to
have used | 11 | | his or her visitation privileges to facilitate contact
| 12 | | between the child and the non-custodial parent in a | 13 | | manner that violates the
terms of the order restricting | 14 | | the non-custodial parent's contact with the
child.
| 15 | | Nothing in this subdivision (1) limits the authority of | 16 | | the court to
enforce its orders in any manner permitted by | 17 | | law.
| 18 | | (2) Any order granting visitation privileges with the | 19 | | child to a
grandparent or great-grandparent who is related | 20 | | to the child through the
non-custodial parent shall contain | 21 | | the following provision:
| 22 | | "If the (grandparent or great-grandparent, whichever | 23 | | is applicable) who has
been granted visitation privileges | 24 | | under this order uses the visitation
privileges to | 25 | | facilitate contact between the child and the child's
| 26 | | non-custodial parent, the visitation privileges granted |
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| 1 | | under this order shall
be permanently revoked."
| 2 | | (e) No parent, not granted custody of the child, or | 3 | | grandparent, or
great-grandparent, or stepparent, or sibling | 4 | | of any minor child, convicted
of any offense
involving an | 5 | | illegal sex act perpetrated upon a victim less than 18 years of
| 6 | | age including but not limited to offenses for violations of | 7 | | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | 8 | | or Article 12 of the
Criminal Code of 1961 or the Criminal Code | 9 | | of 2012, is entitled to visitation rights while incarcerated
or | 10 | | while on parole, probation, conditional discharge, periodic
| 11 | | imprisonment, or
mandatory supervised release for that | 12 | | offense, and upon discharge from
incarceration for a | 13 | | misdemeanor offense or upon discharge from parole,
probation, | 14 | | conditional discharge, periodic imprisonment,
or mandatory | 15 | | supervised release for a felony offense, visitation shall be
| 16 | | denied until the person successfully completes a treatment | 17 | | program approved
by the court.
| 18 | | (f) Unless the court determines, after considering all | 19 | | relevant factors,
including but not limited to those set forth | 20 | | in Section 602(a), that it would
be in the best interests of | 21 | | the child to allow visitation, the court shall not
enter an | 22 | | order providing visitation rights and pursuant to a motion to | 23 | | modify
visitation shall revoke visitation rights previously | 24 | | granted to any
person who would otherwise be entitled to | 25 | | petition for visitation rights under
this Section who has been | 26 | | convicted of first degree murder of the parent,
grandparent, |
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| 1 | | great-grandparent, or sibling of the child who is the subject | 2 | | of
the order. Until an order is entered pursuant to this | 3 | | subsection, no person
shall visit, with
the child present, a | 4 | | person who has been convicted of first degree murder of
the | 5 | | parent, grandparent, great-grandparent, or sibling of the | 6 | | child
without the consent of the child's parent, other than a | 7 | | parent convicted of
first degree murder as set forth herein, or | 8 | | legal
guardian.
| 9 | | (g) (Blank).
| 10 | | (h) Upon motion, the court may allow a parent who is | 11 | | deployed or who has orders to be deployed as a member of the | 12 | | United States Armed Forces to designate a person known to the | 13 | | child to exercise reasonable substitute visitation on behalf of | 14 | | the deployed parent, if the court determines that substitute | 15 | | visitation is in the best interest of the child. In determining | 16 | | whether substitute visitation is in the best interest of the | 17 | | child, the court shall consider all of the relevant factors | 18 | | listed in subsection (a) of Section 602 and apply those factors | 19 | | to the person designated as a substitute for the deployed | 20 | | parent for visitation purposes. | 21 | | (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; | 22 | | 97-1150, eff. 1-25-13 .)
| 23 | | Section 45. The Emancipation of Minors Act is amended by | 24 | | changing Section 3-3 as follows:
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| 1 | | (750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)
| 2 | | Sec. 3-3. Parents. "Parent" means the father or mother of a | 3 | | lawful child of the parties
or a nonmarital child born out of | 4 | | wedlock , and includes any adoptive parent. It does not include
| 5 | | a parent whose rights in respect to the minor have been | 6 | | terminated in any
manner provided by law.
| 7 | | (Source: P.A. 94-229, eff. 1-1-06.)
| 8 | | Section 50. The Adoption Act is amended by changing | 9 | | Sections 1, 12.1, and 18 as follows:
| 10 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 11 | | Sec. 1. Definitions. When used in this Act, unless the | 12 | | context
otherwise requires:
| 13 | | A. "Child" means a person under legal age subject to | 14 | | adoption under
this Act.
| 15 | | B. "Related child" means a child subject to adoption where | 16 | | either or both of
the adopting parents stands in any of the | 17 | | following relationships to the child
by blood or marriage: | 18 | | parent, grand-parent, brother, sister, step-parent,
| 19 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 20 | | great-uncle,
great-aunt, or cousin of first degree. A child | 21 | | whose parent has executed
a final irrevocable consent to | 22 | | adoption or a final irrevocable surrender
for purposes of | 23 | | adoption, or whose parent has had his or her parental rights
| 24 | | terminated, is not a related child to that person, unless the |
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| 1 | | consent is
determined to be void or is void pursuant to | 2 | | subsection O of Section 10.
| 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 | 19 | | to Article V 5 of the Juvenile Court Act of 1987 shall | 20 | | be 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 within | 23 | | 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 depraved | 9 | | which can be
overcome only by clear and convincing | 10 | | evidence:
(1) first degree murder in violation of paragraph | 11 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 13 | | second degree murder in violation of subsection (a) of | 14 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 15 | | Code of 2012 of a parent of the child to be adopted; (2)
| 16 | | first degree murder or second degree murder of any child in
| 17 | | violation of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (3)
attempt or conspiracy to commit first degree | 19 | | murder or second degree murder
of any child in violation of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 21 | | solicitation to commit murder of any child, solicitation to
| 22 | | commit murder of any child for hire, or solicitation to | 23 | | commit second
degree murder of any child in violation of | 24 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 25 | | predatory criminal sexual assault of a child in violation | 26 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012; (6) heinous battery of any | 2 | | child in violation of the Criminal Code of 1961; or (7) | 3 | | aggravated battery of any child in violation of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 5 | | There is a rebuttable presumption that a parent is | 6 | | depraved if the parent
has been criminally convicted of at | 7 | | least 3 felonies under the laws of this
State or any other | 8 | | state, or under federal law, or the criminal laws of any
| 9 | | United States territory; and at least
one of these
| 10 | | convictions took place within 5 years of the filing of the | 11 | | petition or motion
seeking termination of parental rights.
| 12 | | There is a rebuttable presumption that a parent is | 13 | | depraved if that
parent
has
been criminally convicted of | 14 | | either first or second degree murder of any person
as | 15 | | defined in the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012 within 10 years of the filing date of
the petition | 17 | | or motion to terminate parental rights. | 18 | | No conviction or finding of delinquency pursuant to | 19 | | Article 5 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 (i).
| 22 | | (j) Open and notorious adultery or fornication.
| 23 | | (j-1) (Blank).
| 24 | | (k) Habitual drunkenness or addiction to drugs, other | 25 | | than those
prescribed by a physician, for at least one year | 26 | | immediately
prior to the commencement of the unfitness |
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| 1 | | proceeding.
| 2 | | There is a rebuttable presumption that a parent is | 3 | | unfit under this
subsection
with respect to any child to | 4 | | which that parent gives birth where there is a
confirmed
| 5 | | test result that at birth the child's blood, urine, or | 6 | | meconium contained any
amount of a controlled substance as | 7 | | defined in subsection (f) of Section 102 of
the Illinois | 8 | | Controlled Substances Act or metabolites of such | 9 | | substances, the
presence of which in the newborn infant was | 10 | | not the result of medical treatment
administered to the | 11 | | mother or the newborn infant; and the biological mother of
| 12 | | this child is the biological mother of at least one other | 13 | | child who was
adjudicated a neglected minor under | 14 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 15 | | 1987.
| 16 | | (l) Failure to demonstrate a reasonable degree of | 17 | | interest, concern or
responsibility as to the welfare of a | 18 | | new born child during the first 30
days after its birth.
| 19 | | (m) Failure by a parent (i) to make reasonable efforts | 20 | | to correct the
conditions that were the basis for the | 21 | | removal of the child from the
parent during any 9-month | 22 | | period following the adjudication of neglected or abused | 23 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 24 | | or dependent minor under Section 2-4 of that Act, or (ii) | 25 | | to make reasonable progress
toward the return of the
child | 26 | | to the parent during any 9-month period following the |
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| 1 | | adjudication of
neglected or abused minor under Section 2-3 | 2 | | of the Juvenile Court
Act of 1987 or dependent minor under | 3 | | Section 2-4 of that Act.
If a service plan has been | 4 | | established as
required under
Section 8.2 of the Abused and | 5 | | Neglected Child Reporting Act to correct the
conditions | 6 | | that were the basis for the removal of the child from the | 7 | | parent
and if those services were available,
then, for | 8 | | purposes of this Act, "failure to make reasonable progress | 9 | | toward the
return of the child to the parent" includes the | 10 | | parent's failure to substantially fulfill his or her | 11 | | obligations
under
the service plan and correct the | 12 | | conditions that brought the child into care
during any | 13 | | 9-month period
following the adjudication under Section | 14 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 15 | | Notwithstanding any other provision, when a petition or | 16 | | motion seeks to terminate parental rights on the basis of | 17 | | item (ii) of this subsection (m), the petitioner shall file | 18 | | with the court and serve on the parties a pleading that | 19 | | specifies the 9-month period or periods relied on. The | 20 | | pleading shall be filed and served on the parties no later | 21 | | than 3 weeks before the date set by the court for closure | 22 | | of discovery, and the allegations in the pleading shall be | 23 | | treated as incorporated into the petition or motion. | 24 | | Failure of a respondent to file a written denial of the | 25 | | allegations in the pleading shall not be treated as an | 26 | | admission that the allegations are true.
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| 1 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a | 2 | | child
has been in foster care for 15 months out of any 22 | 3 | | month period which begins
on or after the effective date of | 4 | | this amendatory Act of 1998 unless the
child's parent can | 5 | | prove
by a preponderance of the evidence that it is more | 6 | | likely than not that it will
be in the best interests of | 7 | | the child to be returned to the parent within 6
months of | 8 | | the date on which a petition for termination of parental | 9 | | rights is
filed under the Juvenile Court Act of 1987. The | 10 | | 15 month time limit is tolled
during
any period for which | 11 | | there is a court finding that the appointed custodian or
| 12 | | guardian failed to make reasonable efforts to reunify the | 13 | | child with his or her
family, provided that (i) the finding | 14 | | of no reasonable efforts is made within
60 days of the | 15 | | period when reasonable efforts were not made or (ii) the | 16 | | parent
filed a motion requesting a finding of no reasonable | 17 | | efforts within 60 days of
the period when reasonable | 18 | | efforts were not made. For purposes of this
subdivision | 19 | | (m-1), the date of entering foster care is the earlier of: | 20 | | (i) the
date of
a judicial finding at an adjudicatory | 21 | | hearing that the child is an abused,
neglected, or | 22 | | dependent minor; or (ii) 60 days after the date on which | 23 | | the
child is removed from his or her parent, guardian, or | 24 | | legal custodian.
| 25 | | (n) Evidence of intent to forgo his or her parental | 26 | | rights,
whether or
not the child is a ward of the court, |
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| 1 | | (1) as manifested
by his or her failure for a period of 12 | 2 | | months: (i) to visit the child,
(ii) to communicate with | 3 | | the child or agency, although able to do so and
not | 4 | | prevented from doing so by an agency or by court order, or | 5 | | (iii) to
maintain contact with or plan for the future of | 6 | | the child, although physically
able to do so, or (2) as | 7 | | manifested by the father's failure, where he
and the mother | 8 | | of the child were unmarried to each other at the time of | 9 | | the
child's birth, (i) to commence legal proceedings to | 10 | | establish his paternity
under the Illinois Parentage Act of | 11 | | 1984 or the law of the jurisdiction of
the child's birth | 12 | | within 30 days of being informed, pursuant to Section 12a
| 13 | | of this Act, that he is the father or the likely father of | 14 | | the child or,
after being so informed where the child is | 15 | | not yet born, within 30 days of
the child's birth, or (ii) | 16 | | to make a good faith effort to pay a reasonable
amount of | 17 | | the expenses related to the birth of the child and to | 18 | | provide a
reasonable amount for the financial support of | 19 | | the child, the court to
consider in its determination all | 20 | | relevant circumstances, including the
financial condition | 21 | | of both parents; provided that the ground for
termination | 22 | | provided in this subparagraph (n)(2)(ii) shall only be
| 23 | | available where the petition is brought by the mother or | 24 | | the husband of
the mother.
| 25 | | Contact or communication by a parent with his or her | 26 | | child that does not
demonstrate affection and concern does |
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| 1 | | not constitute reasonable contact
and planning under | 2 | | subdivision (n). In the absence of evidence to the
| 3 | | contrary, the ability to visit, communicate, maintain | 4 | | contact, pay
expenses and plan for the future shall be | 5 | | presumed. The subjective intent
of the parent, whether | 6 | | expressed or otherwise, unsupported by evidence of
the | 7 | | foregoing parental acts manifesting that intent, shall not | 8 | | preclude a
determination that the parent has intended to | 9 | | forgo his or her
parental
rights. In making this | 10 | | determination, the court may consider but shall not
require | 11 | | a showing of diligent efforts by an authorized agency to | 12 | | encourage
the parent to perform the acts specified in | 13 | | subdivision (n).
| 14 | | It shall be an affirmative defense to any allegation | 15 | | under paragraph
(2) of this subsection that the father's | 16 | | failure was due to circumstances
beyond his control or to | 17 | | impediments created by the mother or any other
person | 18 | | having legal custody. Proof of that fact need only be by a
| 19 | | preponderance of the evidence.
| 20 | | (o) Repeated or continuous failure by the parents, | 21 | | although physically
and financially able, to provide the | 22 | | child with adequate food, clothing,
or shelter.
| 23 | | (p) Inability to discharge parental responsibilities | 24 | | supported by
competent evidence from a psychiatrist, | 25 | | licensed clinical social
worker, or clinical psychologist | 26 | | of mental
impairment, mental illness or an intellectual |
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| 1 | | disability as defined in Section
1-116 of the Mental Health | 2 | | and Developmental Disabilities Code, or
developmental | 3 | | disability as defined in Section 1-106 of that Code, and
| 4 | | there is sufficient justification to believe that the | 5 | | inability to
discharge parental responsibilities shall | 6 | | extend beyond a reasonable
time period. However, this | 7 | | subdivision (p) shall not be construed so as to
permit a | 8 | | licensed clinical social worker to conduct any medical | 9 | | diagnosis to
determine mental illness or mental | 10 | | impairment.
| 11 | | (q) (Blank).
| 12 | | (r) The child is in the temporary custody or | 13 | | guardianship of the
Department of Children and Family | 14 | | Services, the parent is incarcerated as a
result of | 15 | | criminal conviction at the time the petition or motion for
| 16 | | termination of parental rights is filed, prior to | 17 | | incarceration the parent had
little or no contact with the | 18 | | child or provided little or no support for the
child, and | 19 | | the parent's incarceration will prevent the parent from | 20 | | discharging
his or her parental responsibilities for the | 21 | | child for a period in excess of 2
years after the filing of | 22 | | the petition or motion for termination of parental
rights.
| 23 | | (s) The child is in the temporary custody or | 24 | | guardianship of the
Department of Children and Family | 25 | | Services, the parent is incarcerated at the
time the | 26 | | petition or motion for termination of parental rights is |
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| 1 | | filed, the
parent has been repeatedly incarcerated as a | 2 | | result of criminal convictions,
and the parent's repeated | 3 | | incarceration has prevented the parent from
discharging | 4 | | his or her parental responsibilities for the child.
| 5 | | (t) A finding that at birth the child's blood,
urine, | 6 | | or meconium contained any amount of a controlled substance | 7 | | as
defined in subsection (f) of Section 102 of the Illinois | 8 | | Controlled Substances
Act, or a metabolite of a controlled | 9 | | substance, with the exception of
controlled substances or | 10 | | metabolites of such substances, the presence of which
in | 11 | | the newborn infant was the result of medical treatment | 12 | | administered to the
mother or the newborn infant, and that | 13 | | the biological mother of this child is
the biological | 14 | | mother of at least one other child who was adjudicated a
| 15 | | neglected minor under subsection (c) of Section 2-3 of the | 16 | | Juvenile Court Act
of 1987, after which the biological | 17 | | mother had the opportunity to enroll in
and participate in | 18 | | a clinically appropriate substance abuse
counseling, | 19 | | treatment, and rehabilitation program.
| 20 | | E. "Parent" means the father or mother of a lawful child of | 21 | | the parties or nonmarital child born out of wedlock . For the | 22 | | purpose of this Act, a person who has executed a final and
| 23 | | irrevocable consent to adoption or a final and irrevocable | 24 | | surrender for
purposes of adoption, or whose parental rights | 25 | | have been terminated by a
court, is not a parent of the child | 26 | | who was the subject of the consent or
surrender, unless the |
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| 1 | | consent is void pursuant to subsection O of Section 10.
| 2 | | F. A person is available for adoption when the person is:
| 3 | | (a) a child who has been surrendered for adoption to an | 4 | | agency and to
whose adoption the agency has thereafter | 5 | | consented;
| 6 | | (b) a child to whose adoption a person authorized by | 7 | | law, other than his
parents, has consented, or to whose | 8 | | adoption no consent is required pursuant
to Section 8 of | 9 | | this Act;
| 10 | | (c) a child who is in the custody of persons who intend | 11 | | to adopt him
through placement made by his parents;
| 12 | | (c-1) a child for whom a parent has signed a specific | 13 | | consent pursuant
to subsection O of Section 10;
| 14 | | (d) an adult who meets the conditions set forth in | 15 | | Section 3 of this
Act; or
| 16 | | (e) a child who has been relinquished as defined in | 17 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 18 | | A person who would otherwise be available for adoption | 19 | | shall not be
deemed unavailable for adoption solely by reason | 20 | | of his or her death.
| 21 | | G. The singular includes the plural and the plural includes
| 22 | | the singular and the "male" includes the "female", as the | 23 | | context of this
Act may require.
| 24 | | H. "Adoption disruption" occurs when an adoptive placement | 25 | | does not
prove successful and it becomes necessary for the | 26 | | child to be removed from
placement before the adoption is |
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| 1 | | finalized.
| 2 | | I. "Habitual residence" has the meaning ascribed to it in | 3 | | the federal Intercountry Adoption Act of 2000 and regulations | 4 | | promulgated thereunder.
| 5 | | J. "Immediate relatives" means the biological parents, the | 6 | | parents of
the biological parents and siblings of the | 7 | | biological parents.
| 8 | | K. "Intercountry adoption" is a process by which a child | 9 | | from a country
other than the United States is adopted by | 10 | | persons who are habitual residents of the United States, or the | 11 | | child is a habitual resident of the United States who is | 12 | | adopted by persons who are habitual residents of a country | 13 | | other than the United States.
| 14 | | L. "Intercountry Adoption Coordinator" means a staff | 15 | | person of the
Department of Children and Family Services | 16 | | appointed by the Director to
coordinate the provision of | 17 | | services related to an intercountry adoption.
| 18 | | M. "Interstate Compact on the Placement of Children" is a | 19 | | law enacted by all
states and certain territories for the | 20 | | purpose of establishing uniform procedures for handling
the | 21 | | interstate placement of children in foster homes, adoptive | 22 | | homes, or
other child care facilities.
| 23 | | N. (Blank).
| 24 | | O. "Preadoption requirements" means any conditions or | 25 | | standards established by the laws or administrative rules of | 26 | | this State that must be met by a prospective adoptive parent
|
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| 1 | | prior to the placement of a child in an adoptive home.
| 2 | | P. "Abused child" means a child whose parent or immediate | 3 | | family member,
or any person responsible for the child's | 4 | | welfare, or any individual
residing in the same home as the | 5 | | child, or a paramour of the child's parent:
| 6 | | (a) inflicts, causes to be inflicted, or allows to be | 7 | | inflicted upon
the child physical injury, by other than | 8 | | accidental means, that causes
death, disfigurement, | 9 | | impairment of physical or emotional health, or loss
or | 10 | | impairment of any bodily function;
| 11 | | (b) creates a substantial risk of physical injury to | 12 | | the child by
other than accidental means which would be | 13 | | likely to cause death,
disfigurement, impairment of | 14 | | physical or emotional health, or loss or
impairment of any | 15 | | bodily function;
| 16 | | (c) commits or allows to be committed any sex offense | 17 | | against the child,
as sex offenses are defined in the | 18 | | Criminal Code of 2012
and extending those definitions of | 19 | | sex offenses to include children under
18 years of age;
| 20 | | (d) commits or allows to be committed an act or acts of | 21 | | torture upon
the child; or
| 22 | | (e) inflicts excessive corporal punishment.
| 23 | | Q. "Neglected child" means any child whose parent or other | 24 | | person
responsible for the child's welfare withholds or denies | 25 | | nourishment or
medically indicated treatment including food or | 26 | | care denied solely on the
basis of the present or anticipated |
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| 1 | | mental or physical impairment as determined
by a physician | 2 | | acting alone or in consultation with other physicians or
| 3 | | otherwise does not provide the proper or necessary support, | 4 | | education
as required by law, or medical or other remedial care | 5 | | recognized under State
law as necessary for a child's | 6 | | well-being, or other care necessary for his
or her well-being, | 7 | | including adequate food, clothing and shelter; or who
is | 8 | | abandoned by his or her parents or other person responsible for | 9 | | the child's
welfare.
| 10 | | A child shall not be considered neglected or abused for the
| 11 | | sole reason that the child's parent or other person responsible | 12 | | for his
or her welfare depends upon spiritual means through | 13 | | prayer alone for the
treatment or cure of disease or remedial | 14 | | care as provided under Section 4
of the Abused and Neglected | 15 | | Child Reporting Act.
A child shall not be considered neglected | 16 | | or abused for the sole reason that
the child's parent or other | 17 | | person responsible for the child's welfare failed
to vaccinate, | 18 | | delayed vaccination, or refused vaccination for the child
due | 19 | | to a waiver on religious or medical grounds as permitted by | 20 | | law.
| 21 | | R. "Putative father" means a man who may be a child's | 22 | | father, but who (1) is
not married to the child's mother on or | 23 | | before the date that the child was or
is to be born and (2) has | 24 | | not established paternity of the child in a court
proceeding | 25 | | before the filing of a petition for the adoption of the child. | 26 | | The
term includes a male who is less than 18 years of age. |
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| 1 | | "Putative father" does
not mean a man who is the child's father | 2 | | as a result of criminal sexual abuse
or assault as defined | 3 | | under Article 11 of the Criminal Code of 2012.
| 4 | | S. "Standby adoption" means an adoption in which a parent
| 5 | | consents to custody and termination of parental rights to | 6 | | become
effective upon the occurrence of a future event, which | 7 | | is either the death of
the
parent or the request of the parent
| 8 | | for the entry of a final judgment of adoption.
| 9 | | T. (Blank).
| 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 Placement of Children. | 14 | | V. "Endorsement letter" means the letter issued by the | 15 | | Department of Children and Family Services to document that a | 16 | | prospective adoptive parent has met preadoption requirements | 17 | | and has been deemed suitable by the Department to adopt a child | 18 | | who is the subject of an intercountry adoption. | 19 | | W. "Denial letter" means the letter issued by the | 20 | | Department of Children and Family Services to document that a | 21 | | prospective adoptive parent has not met preadoption | 22 | | requirements and has not been deemed suitable by the Department | 23 | | to adopt a child who is the subject of an intercountry | 24 | | adoption. | 25 | | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | 26 | | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. |
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| 1 | | 1-1-14; revised 9-24-13 .)
| 2 | | (750 ILCS 50/12.1)
| 3 | | Sec. 12.1. Putative Father Registry. The Department of | 4 | | Children and Family
Services shall establish a Putative Father | 5 | | Registry for the purpose of
determining the
identity and | 6 | | location of a putative father of a minor child who is, or is
| 7 | | expected to be, the subject of an adoption proceeding, in order | 8 | | to provide
notice of such proceeding to the putative father. | 9 | | The Department of Children
and Family Services shall establish | 10 | | rules and informational material necessary
to implement the | 11 | | provisions of this Section. The Department shall have the
| 12 | | authority to set reasonable fees for the use of the Registry. | 13 | | All such fees for the use of the Registry that are received by | 14 | | the Department or its agent shall be deposited into the fund | 15 | | authorized under subsection (b) of Section 25 of the Children | 16 | | and Family Services Act. The Department shall use the moneys in | 17 | | that fund for the purpose of maintaining the Registry.
| 18 | | (a) The Department shall maintain the following | 19 | | information in the Registry:
| 20 | | (1) With respect to the putative father:
| 21 | | (i) Name, including any other names by which the | 22 | | putative father may be
known and that he may provide to | 23 | | the Registry;
| 24 | | (ii) Address at which he may be served with notice | 25 | | of a petition under
this Act, including any change of |
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| 1 | | address;
| 2 | | (iii) Social Security Number;
| 3 | | (iv) Date of birth; and
| 4 | | (v) If applicable, a certified copy of an order by | 5 | | a court of this
State or of another
state or territory | 6 | | of the United States adjudicating the putative father | 7 | | to be
the father of the child.
| 8 | | (2) With respect to the mother of the child:
| 9 | | (i) Name, including all other names known to the | 10 | | putative father by
which the mother may be known;
| 11 | | (ii) If known to the putative father, her last | 12 | | address;
| 13 | | (iii) Social Security
Number; and
| 14 | | (iv) Date of birth.
| 15 | | (3) If known to the putative father, the name, gender, | 16 | | place of birth, and
date of birth or anticipated date of | 17 | | birth of the child.
| 18 | | (4) The date that the Department received the putative | 19 | | father's
registration.
| 20 | | (5) Other information as the Department may by rule | 21 | | determine
necessary for the orderly administration of the | 22 | | Registry.
| 23 | | (b) A putative father may register with the Department | 24 | | before the birth of
the child but shall register no later than | 25 | | 30 days after the birth of the
child.
All
registrations shall | 26 | | be in writing and signed by the putative father. No fee
shall |
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| 1 | | be charged for the initial registration. The Department shall | 2 | | have no
independent obligation to gather the information to be | 3 | | maintained.
| 4 | | (c) An interested party, including persons intending to | 5 | | adopt a child, a
child welfare agency with whom the mother has | 6 | | placed or has given written
notice of her intention to place a | 7 | | child for adoption, the mother of the child,
or an attorney | 8 | | representing an interested party may request that the
| 9 | | Department search the Registry to determine whether a putative | 10 | | father is
registered in relation to a child who is or may be | 11 | | the subject to an adoption
petition.
| 12 | | (d) A search of the Registry may be proven by the | 13 | | production of a certified
copy of the registration form, or by | 14 | | the certified statement of the
administrator of the Registry | 15 | | that after a search, no registration of a
putative father in | 16 | | relation to a child who is or may be the subject of an
adoption | 17 | | petition could be located.
| 18 | | (e) Except as otherwise provided, information contained | 19 | | within the
Registry is confidential and shall not be published | 20 | | or open to public
inspection.
| 21 | | (f) A person who knowingly or intentionally registers false
| 22 | | information under this Section commits a Class B misdemeanor.
A | 23 | | person who knowingly or intentionally releases confidential | 24 | | information
in violation of this Section commits a Class B | 25 | | misdemeanor.
| 26 | | (g) Except as provided in subsections (b) or (c) of Section |
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| 1 | | 8 of this Act, a putative
father who
fails to register with the | 2 | | Putative Father Registry as provided in this Section
is barred | 3 | | from thereafter bringing or maintaining any action to assert | 4 | | any
interest in the child, unless he proves by clear and | 5 | | convincing evidence that:
| 6 | | (1) it was not possible for him to register within the | 7 | | period of time
specified in subsection (b) of this Section; | 8 | | and
| 9 | | (2) his failure to register was through no fault of his | 10 | | own; and
| 11 | | (3) he registered within 10 days after it became | 12 | | possible for him to file.
| 13 | | A lack of knowledge of the pregnancy or birth is not an | 14 | | acceptable reason for
failure to register.
| 15 | | (h) Except as provided in subsection (b) or (c) of Section | 16 | | 8 of this Act, failure to timely
register with the Putative | 17 | | Father Registry (i) shall be deemed to be a waiver
and | 18 | | surrender of any right to notice of any hearing in any judicial | 19 | | proceeding
for the adoption of the child, and the consent or | 20 | | surrender of that
person to the adoption of
the
child is not | 21 | | required, and (ii) shall constitute an abandonment of the child
| 22 | | and shall be prima facie evidence of sufficient grounds to | 23 | | support termination
of such
father's parental rights under this | 24 | | Act.
| 25 | | (i) In any adoption proceeding pertaining to a nonmarital | 26 | | child born out of wedlock , if
there is no showing that a |
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| 1 | | putative father has executed a consent or
surrender or waived | 2 | | his
rights regarding the proposed adoption, certification as | 3 | | specified in
subsection (d) shall be filed with the court prior | 4 | | to entry of a final
judgment order of adoption.
| 5 | | (j) The Registry shall not be used to notify a putative | 6 | | father who is the
father of a child as a result of criminal | 7 | | sexual abuse or assault as defined
under Article 11 of the | 8 | | Criminal Code of 2012.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 10 | | (750 ILCS 50/18) (from Ch. 40, par. 1522)
| 11 | | Sec. 18. Records confidential.
| 12 | | (a) The word "illegitimate", the words "born out of
| 13 | | wedlock", the word "nonmarital", and words of similar import | 14 | | shall not be used in any adoption
proceeding in any respect.
| 15 | | (b) The court call of adoption proceedings shall not | 16 | | identify any of
the parties by name. The parties may be | 17 | | identified by initials or
pseudonyms. The case shall be | 18 | | identified by its general number. The names
of the lawyers | 19 | | representing the parties may appear on the court call, and
the | 20 | | type of application that is being made to the court may also be | 21 | | identified.
| 22 | | (c) All adoption records maintained by each circuit clerk | 23 | | shall be
impounded in accordance with the procedures provided | 24 | | by the Illinois
Supreme Court's General Administrative Order on | 25 | | Recordkeeping and shall be
opened for examination only upon |
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| 1 | | specific order of the court, which order
shall name the person | 2 | | or persons who are to be permitted to examine the
file. | 3 | | Certified copies of all papers and documents contained in
any | 4 | | file so impounded shall be made only on like order.
The | 5 | | guardian ad litem for a minor sought to be adopted shall have | 6 | | the
right to inspect the court file without leave of court | 7 | | during the pendency
of the proceeding. The attorney of record | 8 | | for the petitioners and other
parties may inspect the file only | 9 | | with leave of court. The petitioners to
the adoption, the | 10 | | attorney of record for the petitioners, and the guardian
ad | 11 | | litem of the person who is the subject of the proceeding shall | 12 | | be
entitled to receive certified copies of the order of | 13 | | adoption in the
proceeding at any time within 30 days after the | 14 | | entry of the judgment of
adoption without order of court. After | 15 | | 30 days from the entry of the
judgment of adoption, no copies | 16 | | may be obtained without prior order of
court, but good cause is | 17 | | not necessary to be shown by one of the
petitioners to the | 18 | | adoption.
| 19 | | (d) If an appeal is taken from an adoption proceeding, the | 20 | | papers filed
in the court of review and the opinion of the | 21 | | reviewing court shall not
identify the true names of the | 22 | | parties; instead, initials or pseudonyms
shall be used to | 23 | | identify the parties.
| 24 | | (Source: P.A. 86-493; 87-620.)
| 25 | | Section 55. The Probate Act of 1975 is amended by changing |
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| 1 | | Sections 2-2 and 5-3 as follows:
| 2 | | (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
| 3 | | Sec. 2-2. Nonmarital children Children born out of wedlock . | 4 | | The intestate real and personal estate of
a resident decedent | 5 | | who was a nonmarital child born out of wedlock at the time of | 6 | | death and the
intestate real estate in this State of a | 7 | | nonresident decedent who was a nonmarital child born out of | 8 | | wedlock at the time of death, after all just claims against his | 9 | | estate are
fully paid, descends and shall be distributed as | 10 | | provided in Section 2-1,
subject to Section 2-6.5 of this Act, | 11 | | if both parents are eligible parents. As
used in this Section, | 12 | | "eligible parent" means a parent of the decedent who,
during | 13 | | the decedent's lifetime, acknowledged the decedent as the | 14 | | parent's
child, established a parental relationship with the | 15 | | decedent, and supported the
decedent as the parent's child. | 16 | | "Eligible parents" who are in arrears of in
excess of one | 17 | | year's child support obligations shall not receive any property
| 18 | | benefit or other interest of the decedent unless and until a | 19 | | court of competent
jurisdiction makes a determination as to the | 20 | | effect on the deceased of the
arrearage and allows a reduced | 21 | | benefit. In no event shall the reduction of
the benefit or | 22 | | other interest be less than the amount of child support owed | 23 | | for
the support of the decedent at the time of death. The | 24 | | court's considerations
shall include but are not limited to the | 25 | | considerations in subsections (1)
through (3) of Section 2-6.5 |
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| 1 | | of this Act.
| 2 | | If neither parent is an eligible parent, the intestate real
| 3 | | and personal estate of a resident decedent who was a nonmarital | 4 | | child born out of wedlock at the time of
death and the | 5 | | intestate real estate in this State of a nonresident decedent | 6 | | who
was a nonmarital child born out of wedlock at the time of | 7 | | death, after all just claims against his or her
estate are | 8 | | fully paid, descends and shall be distributed as provided in
| 9 | | Section 2-1, but the parents of the decedent shall be treated | 10 | | as having
predeceased the decedent.
| 11 | | If only one parent is an eligible parent, the intestate | 12 | | real and personal
estate of a resident decedent who was a | 13 | | nonmarital child born out of wedlock at the time of death and | 14 | | the
intestate real estate in this State of a nonresident | 15 | | decedent who was a nonmarital child born out of wedlock at the | 16 | | time of death, after all just claims against his or her
estate | 17 | | are fully paid, subject to Section 2-6.5 of this Act, descends | 18 | | and shall
be distributed as follows:
| 19 | | (a) If there is a surviving spouse and also a descendant of | 20 | | the
decedent: 1/2 of the entire estate to the surviving spouse | 21 | | and 1/2 to
the decedent's descendants per stirpes.
| 22 | | (b) If there is no surviving spouse but a descendant of the
| 23 | | decedent: the entire estate to the decedent's descendants per | 24 | | stirpes.
| 25 | | (c) If there is a surviving spouse but no descendant of the
| 26 | | decedent: the entire estate to the surviving spouse.
|
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| 1 | | (d) If there is no surviving spouse or descendant but the | 2 | | eligible parent or
a descendant of the eligible parent of the | 3 | | decedent: the entire estate to the
eligible parent and the | 4 | | eligible parent's descendants, allowing 1/2 to the
eligible | 5 | | parent and 1/2 to the eligible parent's descendants per | 6 | | stirpes.
| 7 | | (e) If there is no surviving spouse, descendant, eligible | 8 | | parent, or
descendant of the eligible parent of the decedent, | 9 | | but a grandparent on the
eligible parent's side of the family | 10 | | or descendant of such grandparent of the
decedent: the entire | 11 | | estate to the decedent's grandparents on the eligible
parent's | 12 | | side of the family in equal parts, or to the survivor of them, | 13 | | or if
there is none surviving, to their descendants per | 14 | | stirpes.
| 15 | | (f) If there is no surviving spouse, descendant, eligible | 16 | | parent, descendant
of the eligible parent, grandparent on the | 17 | | eligible parent's side of the
family, or descendant of such | 18 | | grandparent of the decedent: the entire estate
to the | 19 | | decedent's great-grandparents on the eligible parent's side of | 20 | | the
family in equal parts or to the survivor of them, or if | 21 | | there is none
surviving, to their descendants per stirpes.
| 22 | | (g) If there is no surviving spouse, descendant, eligible | 23 | | parent, descendant
of the eligible parent, grandparent on the
| 24 | | eligible parent's side of the family, descendant of such
| 25 | | grandparent, great-grandparent on the eligible parent's side | 26 | | of
the family, or descendant of such great-grandparent of the |
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| 1 | | decedent: the
entire estate in equal parts to the nearest | 2 | | kindred of the eligible parent of
the decedent in equal degree | 3 | | (computing by the rules of the civil law) and
without | 4 | | representation.
| 5 | | (h) If there is no surviving spouse, descendant, or | 6 | | eligible parent of the
decedent and no known kindred of the | 7 | | eligible parent of the decedent: the real
estate escheats to
| 8 | | the county in which it is located; the personal estate | 9 | | physically
located within this State and the personal estate | 10 | | physically located or
held outside this State which is the | 11 | | subject of ancillary administration
within this State escheats | 12 | | to the county of which the decedent was a
resident or, if the | 13 | | decedent was not a resident of this State, to the
county in | 14 | | which it is located; all other personal property of the
| 15 | | decedent of every class and character, wherever situate, or the | 16 | | proceeds
thereof, shall escheat to this State and be delivered | 17 | | to the State
Treasurer of this State pursuant to the Uniform | 18 | | Disposition
of Unclaimed Property Act.
| 19 | | For purposes of inheritance, the changes made by this | 20 | | amendatory Act of
1998 apply to all decedents who die on or | 21 | | after the effective date of this
amendatory Act of 1998. For | 22 | | the purpose of determining the property rights of
any person | 23 | | under any instrument, the changes made by this amendatory Act | 24 | | of
1998 apply to all instruments executed on or after the | 25 | | effective date of this
amendatory Act of 1998.
| 26 | | A nonmarital child born out of wedlock is heir of his |
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| 1 | | mother and of any maternal
ancestor and of any person from whom | 2 | | his mother might have inherited, if
living; and the descendants | 3 | | of a person who was a nonmarital child born out of wedlock | 4 | | shall represent
such person and take by descent any estate | 5 | | which the parent would have
taken, if living. If a decedent has | 6 | | acknowledged paternity of a nonmarital child born out of | 7 | | wedlock or if during his lifetime or after his death a
decedent | 8 | | has been adjudged to be the father of a nonmarital child born | 9 | | out of wedlock ,
that person is heir of his father and of any | 10 | | paternal ancestor and of
any person from whom his father might | 11 | | have inherited, if living; and
the descendants of a person who | 12 | | was a nonmarital child born out of wedlock shall represent that | 13 | | person
and take by descent any estate which the parent would | 14 | | have taken, if
living. If during his lifetime the decedent was | 15 | | adjudged to be the
father of a nonmarital child born out of | 16 | | wedlock by a court of competent jurisdiction,
an authenticated | 17 | | copy of the judgment is sufficient proof of the
paternity; but | 18 | | in all other cases paternity must be proved by clear and
| 19 | | convincing evidence. A person who was a nonmarital child born | 20 | | out of wedlock whose parents
intermarry and who is acknowledged | 21 | | by the father as the father's child
is a lawful child of the | 22 | | father.
After a nonmarital child born out of wedlock is | 23 | | adopted, that person's relationship to his or
her adopting and | 24 | | natural parents shall be governed by Section 2-4 of this
Act. | 25 | | For purposes of inheritance, the changes made by this | 26 | | amendatory Act of
1997 apply to all decedents who die on or |
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| 1 | | after January 1, 1998. For the
purpose of determining the | 2 | | property rights of any person under any instrument,
the changes | 3 | | made by this amendatory Act of 1997 apply to all instruments
| 4 | | executed on or after January 1, 1998.
| 5 | | (Source: P.A. 94-229, eff. 1-1-06.)
| 6 | | (755 ILCS 5/5-3) (from Ch. 110 1/2, par. 5-3)
| 7 | | Sec. 5-3.
Power to ascertain and declare heirship - | 8 | | evidence.)
(a) The court may ascertain and declare the heirship | 9 | | of any decedent to
be entered of record in the court at any | 10 | | time during the administration
of the estate without further | 11 | | notice or, if there is no grant of
administration, upon such | 12 | | notice and in such manner as the court
directs.
| 13 | | (b) The ascertainment of heirship may be made from (1) an | 14 | | affidavit
of any person stating the facts from which the | 15 | | heirship of the decedent
can be ascertained, which affidavit | 16 | | shall be signed and sworn to or
affirmed before any notary | 17 | | public or judge of any court of record in the
United States or | 18 | | any of its possessions or territories and certified by
the | 19 | | clerk thereof, or before any United States consul, vice-consul,
| 20 | | consular agent, secretary of legation or commissioned officer | 21 | | in active
service of the United States, within or without the | 22 | | United States, or
(2) from evidence either in narrative form or | 23 | | by questions and answers
which are reduced to writing and | 24 | | certified by the court declaring the
heirship. The seal of | 25 | | office of any notary public, United States consul,
vice-consul, |
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| 1 | | consular agent or secretary of legation and the designation
of | 2 | | the name, rank and branch of service of any commissioned | 3 | | officer in
active service of the armed forces of the United | 4 | | States shall be
sufficient evidence of his identity and | 5 | | official character. The
affidavit or transcript of evidence | 6 | | shall be filed by the clerk of the
court declaring the heirship | 7 | | and remain as a part of the files in the
cause.
| 8 | | (c) An order of the court declaring heirship is prima facie | 9 | | evidence
of the heirship, but any other legal method of proving | 10 | | heirship may be
resorted to by any party interested therein in | 11 | | any place or court where
the question may arise.
| 12 | | (d) For purposes of this section the court may presume, in | 13 | | the absence
of any evidence to the contrary, that the decedent | 14 | | and any person through
whom heirship is traced was not the | 15 | | mother or father of any nonmarital child born out
of wedlock | 16 | | and, if the decedent or the person was a male, that no | 17 | | nonmarital child
born out of wedlock was filiated to or | 18 | | acknowledged or legitimated by the
decedent or the person.
| 19 | | (Source: P.A. 81-598.)
| 20 | | Section 60. The Line of Duty Compensation Act is amended by | 21 | | changing Section 3 as follows:
| 22 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 23 | | Sec. 3. Duty death benefit. | 24 | | (a) If a claim therefor is made within one
year of the date |
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| 1 | | of death of a law enforcement officer, civil
defense worker, | 2 | | civil air patrol member, paramedic, fireman, chaplain, or
State | 3 | | employee killed in the line of duty,
or if a claim therefor is | 4 | | made within 2 years of the date of death of an Armed Forces | 5 | | member killed in the line of duty, compensation shall be paid | 6 | | to the person designated by the law
enforcement officer, civil | 7 | | defense worker, civil air patrol member, paramedic,
fireman, | 8 | | chaplain, State employee, or Armed Forces member. However, if | 9 | | the Armed Forces member was killed in the line of duty before
| 10 | | October 18, 2004, the
claim must be made within one year of | 11 | | October 18, 2004.
| 12 | | (b)
The amount of compensation, except for an Armed Forces | 13 | | member, shall be $10,000 if the death in the
line of duty | 14 | | occurred prior to January 1, 1974; $20,000 if
such death | 15 | | occurred after December 31, 1973 and before July 1, 1983;
| 16 | | $50,000 if such death occurred on or after July 1, 1983 and | 17 | | before January 1,
1996; $100,000 if the death occurred on or | 18 | | after January 1, 1996 and
before May 18, 2001; $118,000 if the | 19 | | death occurred on or after May
18, 2001 and before July 1, | 20 | | 2002; and $259,038 if the death occurred on or after July 1, | 21 | | 2002 and before January
1, 2003. For an Armed Forces member | 22 | | killed in the line of duty (i) at any time before January 1, | 23 | | 2005, the compensation is $259,038 plus amounts equal to the | 24 | | increases for 2003 and 2004 determined under subsection (c) and | 25 | | (ii) on or after January 1, 2005, the compensation is the | 26 | | amount determined under item (i) plus the applicable increases |
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| 1 | | for 2005 and thereafter determined under subsection (c).
| 2 | | (c) Except as provided in subsection (b), for deaths | 3 | | occurring on or after January 1, 2003, the death
compensation | 4 | | rate for death in the line of duty occurring in a particular
| 5 | | calendar year shall be the death compensation rate for death | 6 | | occurring in the
previous calendar year (or in the case of | 7 | | deaths occurring in 2003, the rate
in effect on December 31, | 8 | | 2002) increased by a percentage thereof equal to
the percentage | 9 | | increase, if any, in the index known as the Consumer Price
| 10 | | Index for All Urban Consumers: U.S. city average, unadjusted, | 11 | | for all items,
as published by the United States Department of | 12 | | Labor, Bureau of Labor
Statistics, for the 12 months ending | 13 | | with the month of June of that previous
calendar year.
| 14 | | (d) If no beneficiary is designated or if no designated | 15 | | beneficiary survives at the death of the law
enforcement | 16 | | officer, civil defense worker, civil air patrol member,
| 17 | | paramedic, fireman, chaplain, or State employee
killed in the | 18 | | line of
duty, the compensation shall be paid in accordance with | 19 | | a legally binding will left by the law
enforcement officer, | 20 | | civil defense worker, civil air patrol member,
paramedic, | 21 | | fireman, chaplain, or State employee. If the law
enforcement | 22 | | officer, civil defense worker, civil air patrol member,
| 23 | | paramedic, fireman, chaplain, or State employee did not leave a | 24 | | legally binding will, the compensation shall be paid as | 25 | | follows:
| 26 | | (1) when there is a surviving spouse, the entire sum |
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| 1 | | shall be paid to
the spouse;
| 2 | | (2) when there is no surviving spouse, but a surviving | 3 | | descendant of the
decedent, the entire sum shall be paid to | 4 | | the decedent's descendants per
stirpes;
| 5 | | (3) when there is neither a surviving spouse nor a | 6 | | surviving descendant,
the entire sum shall be paid to the | 7 | | parents of the decedent in equal parts,
allowing to the | 8 | | surviving parent, if one is dead, the entire sum; and
| 9 | | (4) when there is no surviving spouse, descendant or | 10 | | parent of the
decedent, but there are surviving brothers or | 11 | | sisters, or descendants of a
brother or sister, who were | 12 | | receiving their principal support from the
decedent at his | 13 | | death, the entire sum shall be paid, in equal parts, to the
| 14 | | dependent brothers or sisters or dependent descendant of a | 15 | | brother or
sister. Dependency shall be determined by the | 16 | | Court of Claims based upon
the investigation and report of | 17 | | the Attorney General.
| 18 | | The changes made to this subsection (d) by this amendatory Act | 19 | | of the 94th General Assembly apply to any pending case as long | 20 | | as compensation has not been paid to any party before the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly.
| 23 | | (d-1) For purposes of subsection (d), in the case of a | 24 | | person killed in the line of duty who was a nonmarital child | 25 | | born out of wedlock and was not an adoptive child at the time | 26 | | of the person's death, a person shall be deemed to be a parent |
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| 1 | | of the person killed in the line of duty only if that person | 2 | | would be an eligible parent, as defined in Section 2-2 of the | 3 | | Probate Act of 1975, of the person killed in the line of duty. | 4 | | This subsection (d-1) applies to any pending claim if | 5 | | compensation was not paid to the claimant of the pending claim | 6 | | before the effective date of this amendatory Act of the 94th | 7 | | General Assembly.
| 8 | | (d-2) If no beneficiary is designated or if no designated | 9 | | beneficiary survives at the death of the Armed Forces member | 10 | | killed in the line of duty, the compensation shall be paid in | 11 | | entirety according to the designation made on the most recent | 12 | | version of the Armed Forces member's Servicemembers' Group Life | 13 | | Insurance Election and Certificate ("SGLI"). | 14 | | If no SGLI form exists at the time of the Armed Forces | 15 | | member's death, the compensation shall be paid in accordance | 16 | | with a legally binding will left by the Armed Forces member. | 17 | | If no SGLI form exists for the Armed Forces member and the | 18 | | Armed Forces member did not leave a legally binding will, the | 19 | | compensation shall be paid to the persons and in the priority | 20 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 21 | | this Section. | 22 | | This subsection (d-2) applies to any pending case as long | 23 | | as compensation has not been paid to any party before the | 24 | | effective date of this amendatory Act of the 94th General | 25 | | Assembly.
| 26 | | (e) If there is no beneficiary designated or if no |
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| 1 | | designated beneficiary survives at the death of the
law | 2 | | enforcement officer, civil defense worker, civil air patrol | 3 | | member,
paramedic, fireman, chaplain, State employee, or Armed | 4 | | Forces member
killed in the line of duty
and there is no other | 5 | | person or entity to whom compensation is payable under this | 6 | | Section, no compensation shall be payable
under this Act.
| 7 | | (f) No part of such compensation may be paid to any other | 8 | | person for any
efforts in securing such compensation.
| 9 | | (g) This amendatory Act of the 93rd General Assembly | 10 | | applies to claims made on or after October 18, 2004 with | 11 | | respect to an Armed Forces member killed in the line of duty.
| 12 | | (h) In any case for which benefits have not been paid | 13 | | within 6 months of the claim being filed in accordance with | 14 | | this Section, which is pending as of the effective date of this | 15 | | amendatory Act of the 96th General Assembly, and in which there | 16 | | are 2 or more beneficiaries, at least one of whom would receive | 17 | | at least a portion of the total benefit regardless of the | 18 | | manner in which the Court of Claims resolves the claim, the | 19 | | Court shall direct the Comptroller to pay the minimum amount of | 20 | | money which the determinate beneficiary would receive together | 21 | | with all interest payment penalties which have accrued on that | 22 | | portion of the award being paid within 30 days of the effective | 23 | | date of this amendatory Act of the 96th General Assembly. For | 24 | | purposes of this subsection (h), "determinate beneficiary" | 25 | | means the beneficiary who would receive any portion of the | 26 | | total benefit claimed regardless of the manner in which the |
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| 1 | | Court of Claims adjudicates the claim. | 2 | | (i) The Court of Claims shall ensure that all individuals | 3 | | who have filed an application to claim the duty death benefit | 4 | | for a deceased member of the Armed Forces pursuant to this | 5 | | Section or for a fireman pursuant to this Section, or their | 6 | | designated representative, shall have access, on a timely basis | 7 | | and in an efficient manner, to all information related to the | 8 | | court's consideration, processing, or adjudication of the | 9 | | claim, including, but not limited to, the following: | 10 | | (1) a reliable estimate of when the Court of Claims | 11 | | will adjudicate the claim, or if the Court cannot estimate | 12 | | when it will adjudicate the claim, a full written | 13 | | explanation of the reasons for this inability; and | 14 | | (2) a reliable estimate, based upon consultation with | 15 | | the Comptroller, of when the benefit will be paid to the | 16 | | claimant. | 17 | | (j) The Court of Claims shall send written notice to all | 18 | | claimants within 2 weeks of the initiation of a claim | 19 | | indicating whether or not the application is complete. For | 20 | | purposes of this subsection (j), an application is complete if | 21 | | a claimant has submitted to the Court of Claims all documents | 22 | | and information the Court requires for adjudicating and paying | 23 | | the benefit amount. For purposes of this subsection (j), a | 24 | | claim for the duty death benefit is initiated when a claimant | 25 | | submits any of the application materials required for | 26 | | adjudicating the claim to the Court of Claims. In the event a |
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| 1 | | claimant's application is incomplete, the Court shall include | 2 | | in its written notice a list of the information or documents | 3 | | which the claimant must submit in order for the application to | 4 | | be complete.
In no case may the Court of Claims deny a claim | 5 | | and subsequently re-adjudicate the same claim for the purpose | 6 | | of evading or reducing the interest penalty payment amount | 7 | | payable to any claimant. | 8 | | (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10; | 9 | | 96-923, eff. 1-1-11.)
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