Full Text of HB4636 98th General Assembly
HB4636enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Sections 2.04, 2.05, 2.17, 4, and 5 as follows:
| 6 | | (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
| 7 | | Sec. 2.04.
"Related" means any of the following | 8 | | relationships by
blood, marriage, civil union, or adoption: | 9 | | parent, grandparent, great-grandparent, great-uncle,
| 10 | | great-aunt, brother, sister,
stepgrandparent, stepparent, | 11 | | stepbrother, stepsister, uncle, aunt, nephew, niece, or
first | 12 | | cousin or second cousin. A person is related to a child as a | 13 | | first cousin or a second cousin if they are both related to the | 14 | | same ancestor as either grandchild or great-grandchild. A child | 15 | | whose parent has executed a consent, a surrender, or a waiver | 16 | | pursuant to Section 10 of the Adoption Act, whose parent has | 17 | | signed a denial of paternity pursuant to Section 12 of the | 18 | | Vital Records Act or Section 12a of the Adoption Act, or whose | 19 | | parent has had his or her parental rights terminated is not a | 20 | | related child to that person, unless (1) the consent is | 21 | | determined to be void or is void pursuant to subsection O of | 22 | | Section 10 of the Adoption Act; or (2) the parent of the child | 23 | | executed a consent to adoption by a specified person or persons |
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| 1 | | pursuant to subsection A-1 of Section 10 of the Adoption Act | 2 | | and a court finds that the consent is void; or (3) the order | 3 | | terminating the parental rights of the parent is vacated by a | 4 | | court of competent jurisdiction .
| 5 | | (Source: P.A. 80-459 .)
| 6 | | (225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
| 7 | | Sec. 2.05. "Facility for child care" or "child care | 8 | | facility" means any
person, group of persons, agency, | 9 | | association, organization, corporation, institution, center, | 10 | | or group,
whether
established for gain or otherwise, who or | 11 | | which receives or arranges for care
or placement of one or more | 12 | | children, unrelated to the operator of the
facility, apart from | 13 | | the parents, with or without the transfer of the right of
| 14 | | custody in any facility as defined in this Act, established and | 15 | | maintained for
the care of children. "Child care facility" | 16 | | includes a relative , as defined in Section 2.17 of this Act, | 17 | | who is
licensed as a foster family home under Section 4 of this | 18 | | Act.
| 19 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 20 | | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| 21 | | Sec. 2.17.
"Foster family home" means a facility for child | 22 | | care in
residences of families who receive no more than 8 | 23 | | children unrelated to them,
unless all the children are of | 24 | | common parentage, or residences of relatives who
receive no |
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| 1 | | more than 8 related children placed by the Department, unless | 2 | | the
children are of common parentage, for the purpose of | 3 | | providing family care and
training for the children on a | 4 | | full-time basis, except the Director of Children
and Family | 5 | | Services, pursuant to Department regulations, may waive the | 6 | | limit of
8 children unrelated to an adoptive family for good | 7 | | cause and only to
facilitate an adoptive placement. The | 8 | | family's or relative's own children,
under 18 years of age, | 9 | | shall be included in determining the
maximum number of children | 10 | | served. For purposes of this Section, a "relative"
includes any | 11 | | person, 21 years of age or over, other than the parent, who (i) | 12 | | is
currently related to the child in any of the following ways | 13 | | by blood or
adoption: grandparent, sibling, great-grandparent, | 14 | | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | 15 | | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | 16 | | is a child's step-father, step-mother, or adult step-brother
or | 17 | | step-sister; "relative" also includes a person related in any | 18 | | of the
foregoing ways to a sibling of a child, even though the | 19 | | person is not related
to the child, when the child and its | 20 | | sibling are placed together with that
person. For purposes of | 21 | | placement of children pursuant to Section 7 of the Children and | 22 | | Family Services Act and for purposes of licensing requirements | 23 | | set forth in Section 4 of this Act, for children under the | 24 | | custody or guardianship of the Department pursuant to the | 25 | | Juvenile Court Act of 1987, after a parent signs a consent, | 26 | | surrender, or waiver or after a parent's rights are otherwise |
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| 1 | | terminated, and while the child remains in the custody or | 2 | | guardianship of the Department, the child is considered to be | 3 | | related to those to whom the child was related under this | 4 | | Section prior to the signing of the consent, surrender, or | 5 | | waiver or the order of termination of parental rights. The term | 6 | | "foster family home" includes homes receiving children from
any | 7 | | State-operated institution for child care; or from any agency | 8 | | established
by a municipality or other political subdivision of | 9 | | the State of Illinois
authorized to provide care for children | 10 | | outside their own homes. The term
"foster family home" does not | 11 | | include an "adoption-only home" as defined in
Section 2.23 of | 12 | | this Act. The types of
foster family homes are defined as | 13 | | follows:
| 14 | | (a) "Boarding home" means a foster family home which | 15 | | receives payment
for regular full-time care of a child or | 16 | | children.
| 17 | | (b) "Free home" means a foster family home other than an | 18 | | adoptive home
which does not receive payments for the care of a | 19 | | child or children.
| 20 | | (c) "Adoptive home" means a foster family home which | 21 | | receives a child or
children for the purpose of adopting the | 22 | | child or children.
| 23 | | (d) "Work-wage home" means a foster family home which | 24 | | receives a child
or children who pay part or all of their board | 25 | | by rendering some services
to the family not prohibited by the | 26 | | Child Labor Law or by standards or
regulations of the |
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| 1 | | Department prescribed under this Act. The child or
children may | 2 | | receive a wage in connection with the services rendered the
| 3 | | foster family.
| 4 | | (e) "Agency-supervised home" means a foster family home | 5 | | under the direct
and regular supervision of a licensed child | 6 | | welfare agency, of the
Department of Children and Family | 7 | | Services, of a circuit court, or of any
other State agency | 8 | | which has authority to place children in child care
facilities, | 9 | | and which receives no more than 8 children, unless of common
| 10 | | parentage, who are placed and are regularly supervised by one | 11 | | of the
specified agencies.
| 12 | | (f) "Independent home" means a foster family home, other | 13 | | than an
adoptive home, which receives no more than 4 children, | 14 | | unless of common
parentage, directly from parents, or other | 15 | | legally responsible persons, by
independent arrangement and | 16 | | which is not subject to direct and regular
supervision of a | 17 | | specified agency except as such supervision pertains to
| 18 | | licensing by the Department.
| 19 | | (Source: P.A. 92-318, eff. 1-1-02.)
| 20 | | (225 ILCS 10/4) (from Ch. 23, par. 2214)
| 21 | | Sec. 4. License requirement; application; notice.
| 22 | | (a) Any person, group of persons or corporation who or | 23 | | which
receives children or arranges for care or placement of | 24 | | one or more
children unrelated to the operator must apply for a | 25 | | license to operate
one of the types of facilities defined in |
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| 1 | | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 2 | | relative , as defined in Section 2.17 of this Act, who receives | 3 | | a child or children for placement by the
Department on a | 4 | | full-time basis may apply for a license to operate a foster
| 5 | | family home as defined in Section 2.17 of this Act.
| 6 | | (a-5) Any agency, person, group of persons, association, | 7 | | organization, corporation, institution, center, or group | 8 | | providing adoption services must be licensed by the Department | 9 | | as a child welfare agency as defined in Section 2.08 of this | 10 | | Act. "Providing adoption services" as used in this Act, | 11 | | includes facilitating or engaging in adoption services.
| 12 | | (b) Application for a license
to operate a child care | 13 | | facility must be made to the Department in the manner
and on | 14 | | forms prescribed by it. An application to operate a foster | 15 | | family home
shall include, at a minimum: a completed written | 16 | | form; written authorization by
the applicant and all adult | 17 | | members of the applicant's household to conduct a
criminal | 18 | | background investigation; medical evidence in the form of a | 19 | | medical
report, on forms prescribed by the Department, that the | 20 | | applicant and all
members of the household are free from | 21 | | communicable diseases or physical and
mental conditions that | 22 | | affect their ability to provide care for the child or
children; | 23 | | the names and addresses of at least 3 persons not related to | 24 | | the
applicant who can attest to the applicant's moral | 25 | | character; and fingerprints
submitted by the applicant and all | 26 | | adult members of the applicant's household.
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| 1 | | (c) The Department shall notify the public when a child | 2 | | care institution,
maternity center, or group home licensed by | 3 | | the Department undergoes a change
in (i) the range of care or | 4 | | services offered at the facility, (ii) the age or
type of | 5 | | children served, or (iii) the area within the facility used by
| 6 | | children. The Department shall notify the public of the change | 7 | | in a newspaper
of general
circulation in the county or | 8 | | municipality in which the applicant's facility is
or is | 9 | | proposed to be located.
| 10 | | (d) If, upon examination of the facility and investigation | 11 | | of persons
responsible
for care of children, the Department is | 12 | | satisfied that the facility and
responsible persons reasonably | 13 | | meet standards prescribed for the type of
facility for which | 14 | | application is made, it shall issue a license in proper
form, | 15 | | designating on that license the type of child care facility | 16 | | and, except
for a child welfare agency, the number of children | 17 | | to be served at any one
time.
| 18 | | (e) The Department shall not issue or renew the license of | 19 | | any child welfare agency providing adoption services, unless | 20 | | the agency (i) is officially recognized by the United States | 21 | | Internal Revenue Service as a tax-exempt organization | 22 | | described in Section 501(c)(3) of the Internal Revenue Code of | 23 | | 1986 (or any successor provision of federal tax law) and (ii) | 24 | | is in compliance with all of the standards necessary to | 25 | | maintain its status as an organization described in Section | 26 | | 501(c)(3) of the Internal Revenue Code of 1986 (or any |
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| 1 | | successor provision of federal tax law). The Department shall | 2 | | grant a grace period of 24 months from the effective date of | 3 | | this amendatory Act of the 94th General Assembly for existing | 4 | | child welfare agencies providing adoption services to obtain | 5 | | 501(c)(3) status. The Department shall permit an existing child | 6 | | welfare agency that converts from its current structure in | 7 | | order to be recognized as a 501(c)(3) organization as required | 8 | | by this Section to either retain its current license or | 9 | | transfer its current license to a newly formed entity, if the | 10 | | creation of a new entity is required in order to comply with | 11 | | this Section, provided that the child welfare agency | 12 | | demonstrates that it continues to meet all other licensing | 13 | | requirements and that the principal officers and directors and | 14 | | programs of the converted child welfare agency or newly | 15 | | organized child welfare agency are substantially the same as | 16 | | the original. The Department shall have the sole discretion to | 17 | | grant a one year extension to any agency unable to obtain | 18 | | 501(c)(3) status within the timeframe specified in this | 19 | | subsection (e), provided that such agency has filed an | 20 | | application for 501(c)(3) status with the Internal Revenue | 21 | | Service within the 2-year timeframe specified in this | 22 | | subsection (e).
| 23 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 24 | | (225 ILCS 10/5) (from Ch. 23, par. 2215)
| 25 | | Sec. 5.
(a) In respect to child care institutions, |
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| 1 | | maternity
centers, child welfare agencies, day care centers, | 2 | | day care agencies
and group homes, the Department, upon | 3 | | receiving application filed in
proper order, shall examine the | 4 | | facilities and persons responsible for
care of children | 5 | | therein.
| 6 | | (b) In respect to foster family and day care homes, | 7 | | applications
may be filed on behalf of such homes by a licensed | 8 | | child welfare agency,
by a State agency authorized to place | 9 | | children in foster care or by
out-of-State agencies approved by | 10 | | the Department to place children in
this State. In respect to | 11 | | day care homes, applications may be filed on
behalf of such | 12 | | homes by a licensed day care agency or licensed child welfare
| 13 | | agency. In applying for license in behalf of a home in which
| 14 | | children are placed by and remain under supervision of the | 15 | | applicant
agency, such agency shall certify that the home and | 16 | | persons responsible
for care of unrelated children therein, or | 17 | | the home and relatives , as defined in Section 2.17 of this Act, | 18 | | responsible
for the care of related children therein, were | 19 | | found to be in reasonable
compliance with standards prescribed | 20 | | by the Department for the type of
care indicated.
| 21 | | (c) The Department shall not allow any person to examine | 22 | | facilities
under a provision of this Act who has not passed an | 23 | | examination
demonstrating that such person is familiar with | 24 | | this Act and with the
appropriate standards and regulations of | 25 | | the Department.
| 26 | | (d) With the exception of day care centers, day care homes, |
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| 1 | | and group day
care homes, licenses shall be issued in such form | 2 | | and manner as prescribed
by the Department and are valid for 4 | 3 | | years from the date issued,
unless
revoked by the Department or | 4 | | voluntarily surrendered by the licensee.
Licenses issued for | 5 | | day care centers, day care homes, and group day care
homes
| 6 | | shall be valid for 3 years from the date issued, unless revoked | 7 | | by the
Department or voluntarily surrendered by the licensee. | 8 | | When
a licensee has made timely and sufficient application for | 9 | | the renewal of
a license or a new license with reference to any | 10 | | activity of a continuing
nature, the existing license shall | 11 | | continue in full force and effect for
up to 30 days until the | 12 | | final agency decision on the application has been
made. The | 13 | | Department may further extend the period in which such decision
| 14 | | must be made in individual cases for up to 30 days, but such | 15 | | extensions
shall be only upon good cause shown.
| 16 | | (e) The Department may issue one 6-month permit to a newly
| 17 | | established facility for child care to allow that facility | 18 | | reasonable
time to become eligible for a full license. If the | 19 | | facility for child care
is a foster family home, or day care | 20 | | home the Department may issue one
2-month permit only.
| 21 | | (f) The Department may issue an emergency permit to a child | 22 | | care
facility taking in children as a result of the temporary | 23 | | closure for
more than 2 weeks of a licensed child care facility | 24 | | due to a
natural disaster. An emergency permit under this | 25 | | subsection shall be
issued to a facility only if the persons | 26 | | providing child care services at
the facility were employees of |
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| 1 | | the temporarily closed day care center at the
time it was | 2 | | closed. No investigation of an employee of a child care | 3 | | facility
receiving an emergency permit under this subsection | 4 | | shall be required if that
employee has previously been | 5 | | investigated at another child care facility. No
emergency | 6 | | permit issued under this subsection shall be valid for more | 7 | | than 90
days after the date of issuance.
| 8 | | (g) During the hours of operation of any licensed child | 9 | | care
facility, authorized representatives of the Department | 10 | | may without
notice visit the facility for the purpose of | 11 | | determining its continuing
compliance with this Act or | 12 | | regulations adopted pursuant thereto.
| 13 | | (h) Day care centers, day care homes, and group day care | 14 | | homes shall be
monitored at least annually by a licensing | 15 | | representative from the Department
or the agency that | 16 | | recommended licensure.
| 17 | | (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626, | 18 | | eff.
8-9-96.)
| 19 | | Section 10. The Adoption Act is amended by changing | 20 | | Sections 1, 2, and 4 as follows:
| 21 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 22 | | Sec. 1. Definitions. When used in this Act, unless the | 23 | | context
otherwise requires:
| 24 | | A. "Child" means a person under legal age subject to |
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| 1 | | adoption under
this Act.
| 2 | | B. "Related child" means a child subject to adoption where | 3 | | either or both of
the adopting parents stands in any of the | 4 | | following relationships to the child
by blood , or marriage , | 5 | | adoption, or civil union : parent, grand-parent, | 6 | | great-grandparent, brother, sister, step-parent,
| 7 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 8 | | great-uncle,
great-aunt, first cousin, or second or cousin of | 9 | | first degree . A person is related to the child as a first | 10 | | cousin or second cousin if they are both related to the same | 11 | | ancestor as either grandchild or great-grandchild. A child | 12 | | whose parent has executed
a final irrevocable consent to | 13 | | adoption , or a final irrevocable surrender , or a waiver | 14 | | pursuant to Section 10 of this Act or whose parent has signed a | 15 | | denial of paternity pursuant to Section 12 of the Vital Records | 16 | | Act or Section 12a of this Act
for purposes of adoption , or | 17 | | whose parent has had his or her parental rights
terminated, is | 18 | | not a related child to that person, unless (1) the consent is
| 19 | | determined to be void or is void pursuant to subsection O of | 20 | | Section 10 of this Act;
or (2) the parent of the child executed | 21 | | a consent to adoption by a specified person or persons pursuant | 22 | | to subsection A-1 of Section 10 of this Act and a court of | 23 | | competent jurisdiction finds that such consent is void; or (3) | 24 | | the order terminating the parental rights of the parent is | 25 | | vacated by a court of competent jurisdiction .
| 26 | | C. "Agency" for the purpose of this Act means a public |
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| 1 | | child welfare agency
or a licensed child welfare agency.
| 2 | | D. "Unfit person" means any person whom the court shall | 3 | | find to be unfit
to have a child, without regard to the | 4 | | likelihood that the child will be
placed for adoption. The | 5 | | grounds of unfitness are any one or more
of the following, | 6 | | except that a person shall not be considered an unfit
person | 7 | | for the sole reason that the person has relinquished a child in
| 8 | | accordance with the Abandoned Newborn Infant Protection Act:
| 9 | | (a) Abandonment of the child.
| 10 | | (a-1) Abandonment of a newborn infant in a hospital.
| 11 | | (a-2) Abandonment of a newborn infant in any setting | 12 | | where the evidence
suggests that the parent intended to | 13 | | relinquish his or her parental rights.
| 14 | | (b) Failure to maintain a reasonable degree of | 15 | | interest, concern or
responsibility as to the child's | 16 | | welfare.
| 17 | | (c) Desertion of the child for more than 3 months next | 18 | | preceding the
commencement of the Adoption proceeding.
| 19 | | (d) Substantial neglect
of the
child if continuous or | 20 | | repeated.
| 21 | | (d-1) Substantial neglect, if continuous or repeated, | 22 | | of any child
residing in the household which resulted in | 23 | | the death of that child.
| 24 | | (e) Extreme or repeated cruelty to the child.
| 25 | | (f) There is a rebuttable presumption, which can be | 26 | | overcome only by clear and convincing evidence, that a |
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| 1 | | parent is unfit if:
| 2 | | (1) Two or more findings of physical abuse have | 3 | | been entered regarding any children under Section 2-21 | 4 | | of the Juvenile Court Act
of 1987, the most recent of | 5 | | which was determined by the juvenile court
hearing the | 6 | | matter to be supported by clear and convincing | 7 | | evidence; or | 8 | | (2) The parent has been convicted or found not | 9 | | guilty by reason of insanity and the conviction or | 10 | | finding resulted from the death of any child by | 11 | | physical abuse; or
| 12 | | (3) There is a finding of physical child abuse | 13 | | resulting from the death of any
child under Section | 14 | | 2-21 of the
Juvenile Court Act of 1987. | 15 | | No conviction or finding of delinquency pursuant | 16 | | to Article V 5 of the Juvenile Court Act of 1987 shall | 17 | | be considered a criminal conviction for the purpose of | 18 | | applying any presumption under this item (f).
| 19 | | (g) Failure to protect the child from conditions within | 20 | | his environment
injurious to the child's welfare.
| 21 | | (h) Other neglect of, or misconduct toward the child; | 22 | | provided that in
making a finding of unfitness the court | 23 | | hearing the adoption proceeding
shall not be bound by any | 24 | | previous finding, order or judgment affecting
or | 25 | | determining the rights of the parents toward the child | 26 | | sought to be adopted
in any other proceeding except such |
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| 1 | | proceedings terminating parental rights
as shall be had | 2 | | under either this Act, the Juvenile Court Act or
the | 3 | | Juvenile Court Act of 1987.
| 4 | | (i) Depravity. Conviction of any one of the following
| 5 | | crimes shall create a presumption that a parent is depraved | 6 | | which can be
overcome only by clear and convincing | 7 | | evidence:
(1) first degree murder in violation of paragraph | 8 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 10 | | second degree murder in violation of subsection (a) of | 11 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 12 | | Code of 2012 of a parent of the child to be adopted; (2)
| 13 | | first degree murder or second degree murder of any child in
| 14 | | violation of the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012; (3)
attempt or conspiracy to commit first degree | 16 | | murder or second degree murder
of any child in violation of | 17 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 18 | | solicitation to commit murder of any child, solicitation to
| 19 | | commit murder of any child for hire, or solicitation to | 20 | | commit second
degree murder of any child in violation of | 21 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 22 | | predatory criminal sexual assault of a child in violation | 23 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | 24 | | or the Criminal Code of 2012; (6) heinous battery of any | 25 | | child in violation of the Criminal Code of 1961; or (7) | 26 | | aggravated battery of any child in violation of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | There is a rebuttable presumption that a parent is | 3 | | depraved if the parent
has been criminally convicted of at | 4 | | least 3 felonies under the laws of this
State or any other | 5 | | state, or under federal law, or the criminal laws of any
| 6 | | United States territory; and at least
one of these
| 7 | | convictions took place within 5 years of the filing of the | 8 | | petition or motion
seeking termination of parental rights.
| 9 | | There is a rebuttable presumption that a parent is | 10 | | depraved if that
parent
has
been criminally convicted of | 11 | | either first or second degree murder of any person
as | 12 | | defined in the Criminal Code of 1961 or the Criminal Code | 13 | | of 2012 within 10 years of the filing date of
the petition | 14 | | or motion to terminate parental rights. | 15 | | No conviction or finding of delinquency pursuant to | 16 | | Article 5 of the Juvenile Court Act of 1987 shall be | 17 | | considered a criminal conviction for the purpose of | 18 | | applying any presumption under this item (i).
| 19 | | (j) Open and notorious adultery or fornication.
| 20 | | (j-1) (Blank).
| 21 | | (k) Habitual drunkenness or addiction to drugs, other | 22 | | than those
prescribed by a physician, for at least one year | 23 | | immediately
prior to the commencement of the unfitness | 24 | | proceeding.
| 25 | | There is a rebuttable presumption that a parent is | 26 | | unfit under this
subsection
with respect to any child to |
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| 1 | | which that parent gives birth where there is a
confirmed
| 2 | | test result that at birth the child's blood, urine, or | 3 | | meconium contained any
amount of a controlled substance as | 4 | | defined in subsection (f) of Section 102 of
the Illinois | 5 | | Controlled Substances Act or metabolites of such | 6 | | substances, the
presence of which in the newborn infant was | 7 | | not the result of medical treatment
administered to the | 8 | | mother or the newborn infant; and the biological mother of
| 9 | | this child is the biological mother of at least one other | 10 | | child who was
adjudicated a neglected minor under | 11 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 12 | | 1987.
| 13 | | (l) Failure to demonstrate a reasonable degree of | 14 | | interest, concern or
responsibility as to the welfare of a | 15 | | new born child during the first 30
days after its birth.
| 16 | | (m) Failure by a parent (i) to make reasonable efforts | 17 | | to correct the
conditions that were the basis for the | 18 | | removal of the child from the
parent during any 9-month | 19 | | period following the adjudication of neglected or abused | 20 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 21 | | or dependent minor under Section 2-4 of that Act, or (ii) | 22 | | to make reasonable progress
toward the return of the
child | 23 | | to the parent during any 9-month period following the | 24 | | adjudication of
neglected or abused minor under Section 2-3 | 25 | | of the Juvenile Court
Act of 1987 or dependent minor under | 26 | | Section 2-4 of that Act.
If a service plan has been |
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| 1 | | established as
required under
Section 8.2 of the Abused and | 2 | | Neglected Child Reporting Act to correct the
conditions | 3 | | that were the basis for the removal of the child from the | 4 | | parent
and if those services were available,
then, for | 5 | | purposes of this Act, "failure to make reasonable progress | 6 | | toward the
return of the child to the parent" includes the | 7 | | parent's failure to substantially fulfill his or her | 8 | | obligations
under
the service plan and correct the | 9 | | conditions that brought the child into care
during any | 10 | | 9-month period
following the adjudication under Section | 11 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 12 | | Notwithstanding any other provision, when a petition or | 13 | | motion seeks to terminate parental rights on the basis of | 14 | | item (ii) of this subsection (m), the petitioner shall file | 15 | | with the court and serve on the parties a pleading that | 16 | | specifies the 9-month period or periods relied on. The | 17 | | pleading shall be filed and served on the parties no later | 18 | | than 3 weeks before the date set by the court for closure | 19 | | of discovery, and the allegations in the pleading shall be | 20 | | treated as incorporated into the petition or motion. | 21 | | Failure of a respondent to file a written denial of the | 22 | | allegations in the pleading shall not be treated as an | 23 | | admission that the allegations are true.
| 24 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a | 25 | | child
has been in foster care for 15 months out of any 22 | 26 | | month period which begins
on or after the effective date of |
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| 1 | | this amendatory Act of 1998 unless the
child's parent can | 2 | | prove
by a preponderance of the evidence that it is more | 3 | | likely than not that it will
be in the best interests of | 4 | | the child to be returned to the parent within 6
months of | 5 | | the date on which a petition for termination of parental | 6 | | rights is
filed under the Juvenile Court Act of 1987. The | 7 | | 15 month time limit is tolled
during
any period for which | 8 | | there is a court finding that the appointed custodian or
| 9 | | guardian failed to make reasonable efforts to reunify the | 10 | | child with his or her
family, provided that (i) the finding | 11 | | of no reasonable efforts is made within
60 days of the | 12 | | period when reasonable efforts were not made or (ii) the | 13 | | parent
filed a motion requesting a finding of no reasonable | 14 | | efforts within 60 days of
the period when reasonable | 15 | | efforts were not made. For purposes of this
subdivision | 16 | | (m-1), the date of entering foster care is the earlier of: | 17 | | (i) the
date of
a judicial finding at an adjudicatory | 18 | | hearing that the child is an abused,
neglected, or | 19 | | dependent minor; or (ii) 60 days after the date on which | 20 | | the
child is removed from his or her parent, guardian, or | 21 | | legal custodian.
| 22 | | (n) Evidence of intent to forgo his or her parental | 23 | | rights,
whether or
not the child is a ward of the court, | 24 | | (1) as manifested
by his or her failure for a period of 12 | 25 | | months: (i) to visit the child,
(ii) to communicate with | 26 | | the child or agency, although able to do so and
not |
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| 1 | | prevented from doing so by an agency or by court order, or | 2 | | (iii) to
maintain contact with or plan for the future of | 3 | | the child, although physically
able to do so, or (2) as | 4 | | manifested by the father's failure, where he
and the mother | 5 | | of the child were unmarried to each other at the time of | 6 | | the
child's birth, (i) to commence legal proceedings to | 7 | | establish his paternity
under the Illinois Parentage Act of | 8 | | 1984 or the law of the jurisdiction of
the child's birth | 9 | | within 30 days of being informed, pursuant to Section 12a
| 10 | | of this Act, that he is the father or the likely father of | 11 | | the child or,
after being so informed where the child is | 12 | | not yet born, within 30 days of
the child's birth, or (ii) | 13 | | to make a good faith effort to pay a reasonable
amount of | 14 | | the expenses related to the birth of the child and to | 15 | | provide a
reasonable amount for the financial support of | 16 | | the child, the court to
consider in its determination all | 17 | | relevant circumstances, including the
financial condition | 18 | | of both parents; provided that the ground for
termination | 19 | | provided in this subparagraph (n)(2)(ii) shall only be
| 20 | | available where the petition is brought by the mother or | 21 | | the husband of
the mother.
| 22 | | Contact or communication by a parent with his or her | 23 | | child that does not
demonstrate affection and concern does | 24 | | not constitute reasonable contact
and planning under | 25 | | subdivision (n). In the absence of evidence to the
| 26 | | contrary, the ability to visit, communicate, maintain |
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| 1 | | contact, pay
expenses and plan for the future shall be | 2 | | presumed. The subjective intent
of the parent, whether | 3 | | expressed or otherwise, unsupported by evidence of
the | 4 | | foregoing parental acts manifesting that intent, shall not | 5 | | preclude a
determination that the parent has intended to | 6 | | forgo his or her
parental
rights. In making this | 7 | | determination, the court may consider but shall not
require | 8 | | a showing of diligent efforts by an authorized agency to | 9 | | encourage
the parent to perform the acts specified in | 10 | | subdivision (n).
| 11 | | It shall be an affirmative defense to any allegation | 12 | | under paragraph
(2) of this subsection that the father's | 13 | | failure was due to circumstances
beyond his control or to | 14 | | impediments created by the mother or any other
person | 15 | | having legal custody. Proof of that fact need only be by a
| 16 | | preponderance of the evidence.
| 17 | | (o) Repeated or continuous failure by the parents, | 18 | | although physically
and financially able, to provide the | 19 | | child with adequate food, clothing,
or shelter.
| 20 | | (p) Inability to discharge parental responsibilities | 21 | | supported by
competent evidence from a psychiatrist, | 22 | | licensed clinical social
worker, or clinical psychologist | 23 | | of mental
impairment, mental illness or an intellectual | 24 | | disability as defined in Section
1-116 of the Mental Health | 25 | | and Developmental Disabilities Code, or
developmental | 26 | | disability as defined in Section 1-106 of that Code, and
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| 1 | | there is sufficient justification to believe that the | 2 | | inability to
discharge parental responsibilities shall | 3 | | extend beyond a reasonable
time period. However, this | 4 | | subdivision (p) shall not be construed so as to
permit a | 5 | | licensed clinical social worker to conduct any medical | 6 | | diagnosis to
determine mental illness or mental | 7 | | impairment.
| 8 | | (q) (Blank).
| 9 | | (r) The child is in the temporary custody or | 10 | | guardianship of the
Department of Children and Family | 11 | | Services, the parent is incarcerated as a
result of | 12 | | criminal conviction at the time the petition or motion for
| 13 | | termination of parental rights is filed, prior to | 14 | | incarceration the parent had
little or no contact with the | 15 | | child or provided little or no support for the
child, and | 16 | | the parent's incarceration will prevent the parent from | 17 | | discharging
his or her parental responsibilities for the | 18 | | child for a period in excess of 2
years after the filing of | 19 | | the petition or motion for termination of parental
rights.
| 20 | | (s) The child is in the temporary custody or | 21 | | guardianship of the
Department of Children and Family | 22 | | Services, the parent is incarcerated at the
time the | 23 | | petition or motion for termination of parental rights is | 24 | | filed, the
parent has been repeatedly incarcerated as a | 25 | | result of criminal convictions,
and the parent's repeated | 26 | | incarceration has prevented the parent from
discharging |
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| 1 | | his or her parental responsibilities for the child.
| 2 | | (t) A finding that at birth the child's blood,
urine, | 3 | | or meconium contained any amount of a controlled substance | 4 | | as
defined in subsection (f) of Section 102 of the Illinois | 5 | | Controlled Substances
Act, or a metabolite of a controlled | 6 | | substance, with the exception of
controlled substances or | 7 | | metabolites of such substances, the presence of which
in | 8 | | the newborn infant was the result of medical treatment | 9 | | administered to the
mother or the newborn infant, and that | 10 | | the biological mother of this child is
the biological | 11 | | mother of at least one other child who was adjudicated a
| 12 | | neglected minor under subsection (c) of Section 2-3 of the | 13 | | Juvenile Court Act
of 1987, after which the biological | 14 | | mother had the opportunity to enroll in
and participate in | 15 | | a clinically appropriate substance abuse
counseling, | 16 | | treatment, and rehabilitation program.
| 17 | | E. "Parent" means a person who is the legal mother or legal | 18 | | father of the child as defined in subsection X or Y of this | 19 | | Section. For the purpose of this Act, a parent who has executed | 20 | | a consent to adoption, a surrender, or a waiver pursuant to | 21 | | Section 10 of this Act, who has signed a Denial of Paternity | 22 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 23 | | of this Act, or whose parental rights have been terminated by a | 24 | | court, is not a parent of the child who was the subject of the | 25 | | consent, surrender, waiver, or denial unless (1) the consent is | 26 | | void pursuant to subsection O of Section 10 of this Act; or (2) |
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| 1 | | the person executed a consent to adoption by a specified person | 2 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 3 | | and a court of competent jurisdiction finds that the consent is | 4 | | void; or (3) the order terminating the parental rights of the | 5 | | person is vacated by a court of competent jurisdiction the | 6 | | father or mother of a lawful child of the parties or child born | 7 | | out of wedlock. For the purpose of this Act, a person who has | 8 | | executed a final and
irrevocable consent to adoption or a final | 9 | | and irrevocable surrender for
purposes of adoption, or whose | 10 | | parental rights have been terminated by a
court, is not a | 11 | | parent of the child who was the subject of the consent or
| 12 | | surrender, unless the consent is void pursuant to subsection O | 13 | | of Section 10 .
| 14 | | F. A person is available for adoption when the person is:
| 15 | | (a) a child who has been surrendered for adoption to an | 16 | | agency and to
whose adoption the agency has thereafter | 17 | | consented;
| 18 | | (b) a child to whose adoption a person authorized by | 19 | | law, other than his
parents, has consented, or to whose | 20 | | adoption no consent is required pursuant
to Section 8 of | 21 | | this Act;
| 22 | | (c) a child who is in the custody of persons who intend | 23 | | to adopt him
through placement made by his parents;
| 24 | | (c-1) a child for whom a parent has signed a specific | 25 | | consent pursuant
to subsection O of Section 10;
| 26 | | (d) an adult who meets the conditions set forth in |
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| 1 | | Section 3 of this
Act; or
| 2 | | (e) a child who has been relinquished as defined in | 3 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 4 | | A person who would otherwise be available for adoption | 5 | | shall not be
deemed unavailable for adoption solely by reason | 6 | | of his or her death.
| 7 | | G. The singular includes the plural and the plural includes
| 8 | | the singular and the "male" includes the "female", as the | 9 | | context of this
Act may require.
| 10 | | H. "Adoption disruption" occurs when an adoptive placement | 11 | | does not
prove successful and it becomes necessary for the | 12 | | child to be removed from
placement before the adoption is | 13 | | finalized.
| 14 | | I. "Habitual residence" has the meaning ascribed to it in | 15 | | the federal Intercountry Adoption Act of 2000 and regulations | 16 | | promulgated thereunder.
| 17 | | J. "Immediate relatives" means the biological parents, the | 18 | | parents of
the biological parents and siblings of the | 19 | | biological parents.
| 20 | | K. "Intercountry adoption" is a process by which a child | 21 | | from a country
other than the United States is adopted by | 22 | | persons who are habitual residents of the United States, or the | 23 | | child is a habitual resident of the United States who is | 24 | | adopted by persons who are habitual residents of a country | 25 | | other than the United States.
| 26 | | L. "Intercountry Adoption Coordinator" means a staff |
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| 1 | | person of the
Department of Children and Family Services | 2 | | appointed by the Director to
coordinate the provision of | 3 | | services related to an intercountry adoption.
| 4 | | M. "Interstate Compact on the Placement of Children" is a | 5 | | law enacted by all
states and certain territories for the | 6 | | purpose of establishing uniform procedures for handling
the | 7 | | interstate placement of children in foster homes, adoptive | 8 | | homes, or
other child care facilities.
| 9 | | N. (Blank).
| 10 | | O. "Preadoption requirements" means any conditions or | 11 | | standards established by the laws or administrative rules of | 12 | | this State that must be met by a prospective adoptive parent
| 13 | | prior to the placement of a child in an adoptive home.
| 14 | | P. "Abused child" means a child whose parent or immediate | 15 | | family member,
or any person responsible for the child's | 16 | | welfare, or any individual
residing in the same home as the | 17 | | child, or a paramour of the child's parent:
| 18 | | (a) inflicts, causes to be inflicted, or allows to be | 19 | | inflicted upon
the child physical injury, by other than | 20 | | accidental means, that causes
death, disfigurement, | 21 | | impairment of physical or emotional health, or loss
or | 22 | | impairment of any bodily function;
| 23 | | (b) creates a substantial risk of physical injury to | 24 | | the child by
other than accidental means which would be | 25 | | likely to cause death,
disfigurement, impairment of | 26 | | physical or emotional health, or loss or
impairment of any |
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| 1 | | bodily function;
| 2 | | (c) commits or allows to be committed any sex offense | 3 | | against the child,
as sex offenses are defined in the | 4 | | Criminal Code of 2012
and extending those definitions of | 5 | | sex offenses to include children under
18 years of age;
| 6 | | (d) commits or allows to be committed an act or acts of | 7 | | torture upon
the child; or
| 8 | | (e) inflicts excessive corporal punishment.
| 9 | | Q. "Neglected child" means any child whose parent or other | 10 | | person
responsible for the child's welfare withholds or denies | 11 | | nourishment or
medically indicated treatment including food or | 12 | | care denied solely on the
basis of the present or anticipated | 13 | | mental or physical impairment as determined
by a physician | 14 | | acting alone or in consultation with other physicians or
| 15 | | otherwise does not provide the proper or necessary support, | 16 | | education
as required by law, or medical or other remedial care | 17 | | recognized under State
law as necessary for a child's | 18 | | well-being, or other care necessary for his
or her well-being, | 19 | | including adequate food, clothing and shelter; or who
is | 20 | | abandoned by his or her parents or other person responsible for | 21 | | the child's
welfare.
| 22 | | A child shall not be considered neglected or abused for the
| 23 | | sole reason that the child's parent or other person responsible | 24 | | for his
or her welfare depends upon spiritual means through | 25 | | prayer alone for the
treatment or cure of disease or remedial | 26 | | care as provided under Section 4
of the Abused and Neglected |
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| 1 | | Child Reporting Act.
A child shall not be considered neglected | 2 | | or abused for the sole reason that
the child's parent or other | 3 | | person responsible for the child's welfare failed
to vaccinate, | 4 | | delayed vaccination, or refused vaccination for the child
due | 5 | | to a waiver on religious or medical grounds as permitted by | 6 | | law.
| 7 | | R. "Putative father" means a man who may be a child's | 8 | | father, but who (1) is
not married to the child's mother on or | 9 | | before the date that the child was or
is to be born and (2) has | 10 | | not established paternity of the child in a court
proceeding | 11 | | before the filing of a petition for the adoption of the child. | 12 | | The
term includes a male who is less than 18 years of age. | 13 | | "Putative father" does
not mean a man who is the child's father | 14 | | as a result of criminal sexual abuse
or assault as defined | 15 | | under Article 11 of the Criminal Code of 2012.
| 16 | | S. "Standby adoption" means an adoption in which a parent
| 17 | | consents to custody and termination of parental rights to | 18 | | become
effective upon the occurrence of a future event, which | 19 | | is either the death of
the
parent or the request of the parent
| 20 | | for the entry of a final judgment of adoption.
| 21 | | T. (Blank).
| 22 | | T-5. "Biological parent", "birth parent", or "natural | 23 | | parent" of a child are interchangeable terms that mean a person | 24 | | who is biologically or genetically related to that child as a | 25 | | parent. | 26 | | U. "Interstate adoption" means the placement of a minor |
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| 1 | | child with a prospective adoptive parent for the purpose of | 2 | | pursuing an adoption for that child that is subject to the | 3 | | provisions of the Interstate Compact on Placement of Children. | 4 | | V. "Endorsement letter" means the letter issued by the | 5 | | Department of Children and Family Services to document that a | 6 | | prospective adoptive parent has met preadoption requirements | 7 | | and has been deemed suitable by the Department to adopt a child | 8 | | who is the subject of an intercountry adoption. | 9 | | W. "Denial letter" means the letter issued by the | 10 | | Department of Children and Family Services to document that a | 11 | | prospective adoptive parent has not met preadoption | 12 | | requirements and has not been deemed suitable by the Department | 13 | | to adopt a child who is the subject of an intercountry | 14 | | adoption. | 15 | | X. "Legal father" of a child means a man who is recognized | 16 | | as or presumed to be that child's father: | 17 | | (1) because of his marriage to or civil union with the | 18 | | child's parent at the time of the child's birth or within | 19 | | 300 days prior to that child's birth, unless he signed a | 20 | | denial of paternity pursuant to Section 12 of the Vital | 21 | | Records Act or a waiver pursuant to Section 10 of this Act; | 22 | | or | 23 | | (2) because his paternity of the child has been | 24 | | established pursuant to the Illinois Parentage Act, the | 25 | | Illinois Parentage Act of 1984, or the Gestational | 26 | | Surrogacy Act; or |
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| 1 | | (3) because he is listed as the child's father or | 2 | | parent on the child's birth certificate, unless he is | 3 | | otherwise determined by an administrative or judicial | 4 | | proceeding not to be the parent of the child or unless he | 5 | | rescinds his acknowledgment of paternity pursuant to the | 6 | | Illinois Parentage Act of 1984; or | 7 | | (4) because his paternity or adoption of the child has | 8 | | been established by a court of competent jurisdiction. | 9 | | The definition in this subsection X shall not be construed | 10 | | to provide greater or lesser rights as to the number of parents | 11 | | who can be named on a final judgment order of adoption or | 12 | | Illinois birth certificate that otherwise exist under Illinois | 13 | | law. | 14 | | Y. "Legal mother" of a child means a woman who is | 15 | | recognized as or presumed to be that child's mother: | 16 | | (1) because she gave birth to the child except as | 17 | | provided in the Gestational Surrogacy Act; or | 18 | | (2) because her maternity of the child has been | 19 | | established pursuant to the Illinois Parentage Act of 1984 | 20 | | or the Gestational Surrogacy Act; or | 21 | | (3) because her maternity or adoption of the child has | 22 | | been established by a court of competent jurisdiction; or | 23 | | (4) because of her marriage to or civil union with the | 24 | | child's other parent at the time of the child's birth or | 25 | | within 300 days prior to the time of birth; or | 26 | | (5) because she is listed as the child's mother or |
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| 1 | | parent on the child's birth certificate unless she is | 2 | | otherwise determined by an administrative or judicial | 3 | | proceeding not to be the parent of the child. | 4 | | The definition in this subsection Y shall not be construed | 5 | | to provide greater or lesser rights as to the number of parents | 6 | | who can be named on a final judgment order of adoption or | 7 | | Illinois birth certificate that otherwise exist under Illinois | 8 | | law. | 9 | | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | 10 | | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | 11 | | 1-1-14; revised 9-24-13 .)
| 12 | | (750 ILCS 50/2) (from Ch. 40, par. 1502)
| 13 | | Sec. 2. Who may
adopt a child.
| 14 | | A. Any of the following persons, who is under no legal | 15 | | disability
(except the minority specified in sub-paragraph | 16 | | (b)) and who has resided in
the State of Illinois continuously | 17 | | for a period of at least 6 months
immediately preceding the | 18 | | commencement of an adoption proceeding, or any
member of the | 19 | | armed forces of the United States who has been domiciled in
the | 20 | | State of Illinois for 90 days, may
institute such proceeding:
| 21 | | (a) A reputable person of legal age and of either sex, | 22 | | provided that if
such person is married and has not been living | 23 | | separate and apart from his or
her spouse for 12 months or | 24 | | longer, his or her spouse shall be a party to the
adoption
| 25 | | proceeding, including a husband or wife desiring to adopt a |
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| 1 | | child of the
other spouse, in all of which cases the adoption | 2 | | shall be by both spouses
jointly;
| 3 | | (b) A minor, by leave of court upon good cause shown.
| 4 | | B. The residence requirement specified in paragraph A of | 5 | | this Section
shall not apply to: | 6 | | (a) an adoption of a related child; or | 7 | | (b) an adoption of a child placed by an agency. | 8 | | The residence requirement specified in paragraph A of this | 9 | | Section
shall not apply to an adoption of a related child or to | 10 | | an adoption of a
child placed by an agency.
| 11 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 12 | | (750 ILCS 50/4) (from Ch. 40, par. 1505)
| 13 | | Sec. 4. Venue Jurisdiction and venue .
| 14 | | An adoption proceeding may be commenced in any county in | 15 | | this State the circuit court of the
county in which petitioners | 16 | | reside, or the county in which the person to be
adopted | 17 | | resides, or was born, or the county in which the parents of | 18 | | such
person reside, provided, however, if an agency has | 19 | | acquired the custody and
control of a child and such agency is | 20 | | authorized to consent to the adoption
of such child, the | 21 | | proceeding may be commenced in any county, and provided
further | 22 | | that if a guardian of the person of such child has been | 23 | | appointed
by a court of competent jurisdiction, the proceeding | 24 | | may be commenced in
any county .
| 25 | | (Source: Laws 1965, p. 3308.)
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