Full Text of SB0529 94th General Assembly
SB0529enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 1-104.2 and 15-129 as follows:
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| (40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
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| Sec. 1-104.2. Beginning January 1, 1986, children not | 8 |
| conceived in
lawful wedlock shall be entitled to the same | 9 |
| benefits as other children,
and no child's or survivor's | 10 |
| benefit shall be disallowed because of the fact that
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| illegitimacy of the child was born out of wedlock ; however, in | 12 |
| cases where the father is the
employee
parent, paternity must | 13 |
| first be established. Paternity may be
established by any one | 14 |
| of the following means: (1) acknowledgment by the
father, or | 15 |
| (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.
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| (Source: P.A. 84-1028.)
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| (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
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| Sec. 15-129. Child.
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| "Child": The child of a participant or an annuitant, | 22 |
| including a child born out of wedlock
an
illegitimate child , a | 23 |
| stepchild who has been such for not less than 1 year
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| immediately preceding the death of the participant or | 25 |
| annuitant, and an
adopted child, if the proceedings for | 26 |
| adoption were initiated at least 1
year before the death or | 27 |
| retirement of the participant or annuitant.
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| (Source: P.A. 78-474.)
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| Section 10. The Crime Victims Compensation Act is amended | 30 |
| by changing Section 2 as follows:
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| (740 ILCS 45/2) (from Ch. 70, par. 72)
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| Sec. 2. Definitions. As used in this Act, unless the | 3 |
| context
otherwise requires:
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| (a) "Applicant" means any person who applies for | 5 |
| compensation under this
Act or any person the Court of Claims | 6 |
| finds is entitled to compensation,
including the guardian of a | 7 |
| minor or of a person under legal disability. It
includes any | 8 |
| person who was a dependent of a deceased victim of a crime of
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| violence for his or her support at the time of the death of | 10 |
| that victim.
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| (b) "Court of Claims" means the Court of Claims created by | 12 |
| the Court
of Claims Act.
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| (c) "Crime of violence" means and includes any offense | 14 |
| defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | 15 |
| 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | 16 |
| 12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, | 17 |
| 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of | 18 |
| 1961, and driving under
the influence of intoxicating liquor or | 19 |
| narcotic drugs as defined in Section
11-501 of the Illinois | 20 |
| Vehicle Code, if none of the said offenses
occurred
during a | 21 |
| civil riot, insurrection or rebellion. "Crime of violence" does | 22 |
| not
include any other offense or accident involving a motor | 23 |
| vehicle except those
vehicle offenses specifically provided | 24 |
| for in this paragraph. "Crime of
violence" does include all of | 25 |
| the offenses specifically provided for in this
paragraph that | 26 |
| occur within this State but are subject to federal jurisdiction
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| and crimes involving terrorism as defined in 18 U.S.C. 2331.
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| (d) "Victim" means (1) a person killed or injured in this | 29 |
| State as a
result of a crime of violence perpetrated or | 30 |
| attempted against him or her,
(2) the
parent of a child killed | 31 |
| or injured in this State as a result of a crime of
violence | 32 |
| perpetrated or attempted against the child, (3) a person killed
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| or injured in this State while attempting to assist a person | 34 |
| against whom a
crime of violence is being perpetrated or | 35 |
| attempted, if that attempt of
assistance would be expected of a |
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| reasonable man under the circumstances,
(4) a person killed or | 2 |
| injured in this State while assisting a law
enforcement | 3 |
| official apprehend a person who has perpetrated a crime of
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| violence or prevent the perpetration of any such crime if that
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| assistance was in response to the express request of the law | 6 |
| enforcement
official, (5) a person who personally
witnessed a | 7 |
| violent crime, (5.1) solely
for the purpose of compensating for | 8 |
| pecuniary loss incurred for
psychological treatment of a mental | 9 |
| or emotional condition caused or aggravated
by the crime, any | 10 |
| other person under the age of 18 who is the brother, sister,
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| half brother, half sister, child, or stepchild
of a person | 12 |
| killed or injured in
this State as a
result of a crime of | 13 |
| violence, or (6) an Illinois resident
who is a victim of a | 14 |
| "crime of violence" as defined in this Act except, if
the crime | 15 |
| occurred outside this State, the resident has the same rights
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| under this Act as if the crime had occurred in this State upon | 17 |
| a showing
that the state, territory, country, or political | 18 |
| subdivision of a country
in which the crime occurred does not | 19 |
| have a compensation of victims of
crimes law for which that | 20 |
| Illinois resident is eligible.
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| (e) "Dependent" means a relative of a deceased victim who | 22 |
| was wholly or
partially dependent upon the victim's income at | 23 |
| the time of his or her
death
and shall include the child of a | 24 |
| victim born after his or her death.
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| (f) "Relative" means a spouse, parent, grandparent, | 26 |
| stepfather, stepmother,
child, grandchild, brother, | 27 |
| brother-in-law, sister, sister-in-law, half
brother, half | 28 |
| sister, spouse's parent, nephew, niece, uncle or aunt.
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| (g) "Child" means an unmarried son or daughter who is under | 30 |
| 18 years of
age and includes a stepchild, an adopted child or a | 31 |
| child born out of wedlock
an illegitimate child .
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| (h) "Pecuniary loss" means, in the case of injury, | 33 |
| appropriate medical
expenses and hospital expenses including | 34 |
| expenses of medical
examinations, rehabilitation, medically | 35 |
| required
nursing care expenses, appropriate
psychiatric care | 36 |
| or psychiatric counseling expenses, expenses for care or
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| counseling by a licensed clinical psychologist or licensed | 2 |
| clinical social
worker and expenses for treatment by Christian | 3 |
| Science practitioners and
nursing care appropriate thereto; | 4 |
| prosthetic appliances, eyeglasses, and
hearing aids necessary | 5 |
| or damaged as a result of the
crime; replacement costs for | 6 |
| clothing and bedding used as evidence; costs
associated with | 7 |
| temporary lodging or relocation necessary as a
result of the | 8 |
| crime;
locks or windows necessary or damaged as a result of the | 9 |
| crime; the purchase,
lease, or rental of equipment necessary to | 10 |
| create usability of and
accessibility to the victim's real and | 11 |
| personal property, or the real and
personal property which is | 12 |
| used by the victim, necessary as a result of the
crime; the | 13 |
| costs of appropriate crime scene clean-up;
replacement
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| services loss, to a maximum of $1000 per month;
dependents | 15 |
| replacement
services loss, to a maximum of $1000 per month; | 16 |
| loss of tuition paid to
attend grammar school or high school | 17 |
| when the victim had been enrolled as a
full-time student prior | 18 |
| to the injury, or college or graduate school when
the victim | 19 |
| had been enrolled as a full-time day or night student prior to
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| the injury when the victim becomes unable to continue | 21 |
| attendance at school
as a result of the crime of violence | 22 |
| perpetrated against him or her; loss
of
earnings, loss of | 23 |
| future earnings because of disability resulting from the
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| injury, and, in addition, in the case of death, expenses for | 25 |
| funeral, burial, and travel and transport for survivors
of | 26 |
| homicide victims to secure bodies of deceased victims and to | 27 |
| transport
bodies for burial all of which
may not exceed a | 28 |
| maximum of $5,000 and loss of support of the dependents of
the | 29 |
| victim.
Loss of future earnings shall be reduced by any income | 30 |
| from substitute work
actually performed by the victim or by | 31 |
| income he or she would have earned
in
available appropriate | 32 |
| substitute work he or she was capable of performing
but
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| unreasonably failed to undertake. Loss of earnings, loss of | 34 |
| future
earnings and loss of support shall be determined on the | 35 |
| basis of the
victim's average net monthly earnings for the 6 | 36 |
| months immediately
preceding the date of the injury or on $1000 |
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| per month, whichever is less.
If a divorced or legally | 2 |
| separated applicant is claiming loss of support
for a minor | 3 |
| child of the deceased, the amount of support for each child
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| shall be based either on the amount of support
pursuant to the | 5 |
| judgment prior to the date of the deceased
victim's injury or | 6 |
| death, or, if the subject of pending litigation filed by
or on | 7 |
| behalf of the divorced or legally separated applicant prior to | 8 |
| the
injury or death, on the result of that litigation. Real and | 9 |
| personal
property includes, but is not limited to, vehicles, | 10 |
| houses, apartments,
town houses, or condominiums. Pecuniary | 11 |
| loss does not
include pain and suffering or property loss or | 12 |
| damage.
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| (i) "Replacement services loss" means expenses reasonably | 14 |
| incurred in
obtaining ordinary and necessary services in lieu | 15 |
| of those the permanently
injured person would have performed, | 16 |
| not for income, but for the benefit
of himself or herself or | 17 |
| his or her family, if he or she had not
been permanently | 18 |
| injured.
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| (j) "Dependents replacement services loss" means loss | 20 |
| reasonably incurred
by dependents after a victim's death in | 21 |
| obtaining ordinary and necessary
services in lieu of those the | 22 |
| victim would have performed, not for income,
but for their | 23 |
| benefit, if he or she had not been fatally injured.
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| (k) "Survivor" means immediate family including a parent, | 25 |
| step-father,
step-mother, child,
brother, sister, or spouse.
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| (Source: P.A. 91-258, eff. 1-1-00; 91-445, eff. 1-1-00;
91-892, | 27 |
| eff. 7-6-00; 92-427, eff. 1-1-02.)
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| Section 15. The Illinois Marriage and Dissolution of | 29 |
| Marriage Act is amended by changing Sections 205, 212, 303, and | 30 |
| 607 as follows:
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| (750 ILCS 5/205) (from Ch. 40, par. 205)
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| Sec. 205. Exceptions.
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| (1) Irrespective of the results of
laboratory tests and | 34 |
| clinical examination relative to sexually transmitted
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| diseases, the clerks of the respective counties shall issue a
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| marriage license to parties to a proposed marriage (a) when a
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| woman is pregnant at the time of such application, or (b) when
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| a woman has, prior to the time of application, given birth to a | 5 |
| child born out of wedlock
an illegitimate child which is living | 6 |
| at the time of such application
and the man making such | 7 |
| application makes affidavit that he is the
father of such child | 8 |
| born out of wedlock
illegitimate child . The county clerk shall, | 9 |
| in lieu
of the health certificate required hereunder, accept, | 10 |
| as the case
may be, either an affidavit on a form prescribed by | 11 |
| the State
Department of Public Health, signed by a physician | 12 |
| duly licensed
in this State, stating that the woman is | 13 |
| pregnant, or a copy of
the birth record of the child born out | 14 |
| of wedlock
illegitimate child , if one is available
in this | 15 |
| State, or if such birth record is not available, an affidavit
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| signed by the woman that she is the mother of such child.
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| (2) Any judge of the circuit court within the county in | 18 |
| which the
license is to be issued is authorized and empowered | 19 |
| on joint
application by both applicants for a marriage license | 20 |
| to waive
the requirements as to medical examination, laboratory | 21 |
| tests, and
certificates, except the requirements of paragraph | 22 |
| (4) of subsection (a)
of Section 212 of this Act which shall | 23 |
| not be waived; and to authorize
the county clerk to issue the | 24 |
| license
if all other requirements of law have been complied | 25 |
| with and the judge
is satisfied, by affidavit, or other proof, | 26 |
| that the examination or
tests are contrary to the tenets or | 27 |
| practices of the religious creed
of which the applicant is an | 28 |
| adherent, and that the public health and welfare
will not be | 29 |
| injuriously affected thereby.
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| (Source: P.A. 89-187, eff. 7-19-95.)
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| (750 ILCS 5/212) (from Ch. 40, par. 212)
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| Sec. 212. Prohibited Marriages.
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| (a) The following marriages are prohibited:
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| (1) a marriage entered into prior to the dissolution of | 35 |
| an
earlier marriage of one of the parties;
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| (2) a marriage between an ancestor and a descendant or | 2 |
| between
a brother and a sister, whether the relationship is | 3 |
| by the half
or the whole blood or by adoption;
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| (3) a marriage between an uncle and a niece or between | 5 |
| an aunt
and a nephew, whether the relationship is by the | 6 |
| half or the whole
blood;
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| (4) a marriage between cousins of the first degree; | 8 |
| however, a marriage
between first cousins is not prohibited | 9 |
| if:
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| (i) both parties are 50 years of age or older; or
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| (ii) either party, at the time of application for a | 12 |
| marriage license,
presents for filing with the county | 13 |
| clerk of the county in which the
marriage is to be | 14 |
| solemnized, a
certificate signed by a licensed | 15 |
| physician stating that the party to the
proposed | 16 |
| marriage is permanently and irreversibly sterile;
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| (5) a marriage between 2 individuals of the same sex.
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| (b) Parties to a marriage prohibited under subsection (a) | 19 |
| of
this Section who cohabit after removal of the impediment are
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| lawfully married as of the date of the removal of the | 21 |
| impediment.
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| (c) Children born or adopted of a prohibited or common law | 23 |
| marriage
are the lawful children of the parties
legitimate .
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| (Source: P.A. 89-459, eff. 5-24-96.)
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| (750 ILCS 5/303) (from Ch. 40, par. 303)
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| Sec. 303. Legitimacy of Children.) Children born or adopted
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| of a marriage declared invalid are the lawful children of the | 28 |
| parties
legitimate . Children whose
parents marry after their | 29 |
| birth are the lawful children of the parties
legitimate .
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| (Source: P.A. 82-566.)
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| (750 ILCS 5/607) (from Ch. 40, par. 607)
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| Sec. 607. Visitation.
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| (a) A parent not granted custody of the child
is entitled | 34 |
| to reasonable visitation rights unless the court finds,
after a |
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| hearing, that visitation would endanger seriously the child's
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| physical, mental, moral or emotional health. If the custodian's | 3 |
| street
address is not identified, pursuant to Section 708, the | 4 |
| court shall require
the parties to identify reasonable | 5 |
| alternative arrangements for visitation
by a non-custodial | 6 |
| parent, including but not limited to visitation of the
minor | 7 |
| child at the residence of another person or at a local public | 8 |
| or
private facility.
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| (a-3) Nothing in subsection (a-5) of this Section shall | 10 |
| apply to a child in whose interests a petition under Section | 11 |
| 2-13 of the Juvenile Court Act of 1987 is pending. | 12 |
| (a-5)(1) Except as otherwise provided in this subsection | 13 |
| (a-5), any grandparent, great-grandparent, or sibling may file | 14 |
| a
petition for
visitation rights to a minor child if there is | 15 |
| an unreasonable denial of visitation by a parent and at least | 16 |
| one
of the
following conditions exists: | 17 |
| (A) one parent of the child is incompetent as a matter | 18 |
| of law or deceased or has been sentenced to a period of | 19 |
| imprisonment for more than 1 year; | 20 |
| (B) the child's mother and father are divorced or have | 21 |
| been legally separated from
each other during the 3 month | 22 |
| period prior to the filing of the petition and at least one | 23 |
| parent does not object to the grandparent, | 24 |
| great-grandparent, or sibling having visitation with the | 25 |
| child. The visitation of the grandparent, | 26 |
| great-grandparent, or sibling must not diminish the | 27 |
| visitation of the parent who is not related to the | 28 |
| grandparent, great-grandparent, or sibling seeking | 29 |
| visitation; | 30 |
| (C) the court, other than a Juvenile Court, has | 31 |
| terminated a parent-child relationship and the | 32 |
| grandparent, great-grandparent, or sibling is the parent | 33 |
| of the person whose parental rights have been terminated, | 34 |
| except in cases of adoption. The visitation must not be | 35 |
| used to allow the parent who lost parental rights to | 36 |
| unlawfully visit with the child; |
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| (D) the child is born out of wedlock
illegitimate , the | 2 |
| parents are not living together, and the petitioner is a | 3 |
| maternal grandparent, great-grandparent, or sibling of the | 4 |
| child born out of wedlock
illegitimate child ; or | 5 |
| (E) the child is born out of wedlock
illegitimate , the | 6 |
| parents are not living together, the petitioner is a | 7 |
| paternal grandparent, great-grandparent, or sibling, and | 8 |
| the paternity has been established by a court of competent | 9 |
| jurisdiction. | 10 |
| (2) The grandparent, great-grandparent, or sibling of a | 11 |
| parent whose parental rights have been terminated through an | 12 |
| adoption proceeding may not petition for visitation rights.
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| (3) In making a determination under this subsection (a-5), | 14 |
| there is a
rebuttable
presumption that a fit parent's actions | 15 |
| and decisions regarding grandparent,
great-grandparent, or | 16 |
| sibling visitation are not harmful to the child's mental, | 17 |
| physical, or emotional health. The
burden is on the
party | 18 |
| filing a petition under this Section to prove that the
parent's | 19 |
| actions and
decisions regarding visitation times are harmful to | 20 |
| the child's mental, physical, or emotional health. | 21 |
| (4) In determining whether to grant visitation, the court | 22 |
| shall consider the following:
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| (A) the preference of the child if the child is | 24 |
| determined to be of sufficient maturity to express a | 25 |
| preference; | 26 |
| (B) the mental and physical health of the child; | 27 |
| (C) the mental and physical health of the grandparent, | 28 |
| great-grandparent, or sibling; | 29 |
| (D) the length and quality of the prior relationship | 30 |
| between the child and the grandparent, great-grandparent, | 31 |
| or sibling;
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| (E) the good faith of the party in filing the petition;
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| (F) the good faith of the person denying visitation; | 34 |
| (G) the quantity of the visitation time requested and | 35 |
| the potential adverse impact that visitation would have on | 36 |
| the child's customary activities; |
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| (H) whether the child resided with the petitioner for | 2 |
| at least 6 consecutive months with or without the current | 3 |
| custodian present; | 4 |
| (I) whether the petitioner had frequent or regular | 5 |
| contact with the child for at least 12 consecutive months; | 6 |
| and
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| (J) any other fact that establishes that the loss of | 8 |
| the relationship between the petitioner and the child is | 9 |
| likely to harm the child's mental, physical, or emotional | 10 |
| health. | 11 |
| (5) The court may order visitation rights for the | 12 |
| grandparent, great-grandparent, or sibling that include | 13 |
| reasonable access without requiring overnight or possessory | 14 |
| visitation.
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| (a-7)(1) Unless by stipulation of the parties, no motion to | 16 |
| modify a grandparent, great-grandparent, or sibling visitation | 17 |
| order may be made earlier than 2 years after the date the order | 18 |
| was filed, unless the court permits it to be made on the basis | 19 |
| of affidavits that there is reason to believe the child's | 20 |
| present environment may endanger seriously the child's mental, | 21 |
| physical, or emotional health. | 22 |
| (2) The court shall not modify a prior grandparent, | 23 |
| great-grandparent, or sibling visitation order unless it finds | 24 |
| by clear and convincing evidence, upon the basis of facts that | 25 |
| have arisen since the prior visitation order or that were | 26 |
| unknown to the court at the time of entry of the prior | 27 |
| visitation, that a change has occurred in the circumstances of | 28 |
| the child or his or her custodian, and that the modification is | 29 |
| necessary to protect the mental, physical, or emotional health | 30 |
| of the child. The court shall state in its decision specific | 31 |
| findings of fact in support of its modification or termination | 32 |
| of the grandparent, great-grandparent, or sibling visitation. | 33 |
| (3) Attorney fees and costs shall be assessed against a | 34 |
| party seeking modification of the visitation order if the court | 35 |
| finds that the modification action is vexatious and constitutes | 36 |
| harassment. |
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| (4) Notice under this subsection (a-7) shall be given as | 2 |
| provided in subsections (c) and (d) of Section 601.
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| (b) (1) (Blank.)
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| (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
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| 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:
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| (A) the child is at least 12 years old;
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| (B) the child resided continuously with the parent and | 16 |
| stepparent for at
least 5 years;
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| (C) the parent is deceased or is disabled and is unable | 18 |
| to care for the
child;
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| (D) the child wishes to have reasonable visitation with | 20 |
| the stepparent;
and
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| (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.
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| (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 | 27 |
| putative father has not been legally established.
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| (B) A petition for visitation privileges may not be filed | 29 |
| under
this subsection (b) if the child who is the subject of | 30 |
| the
grandparents' or great-grandparents' petition has been | 31 |
| voluntarily
surrendered by the parent or parents, except for a | 32 |
| surrender to the
Illinois Department of Children and Family | 33 |
| Services or a foster care
facility, or has been previously | 34 |
| adopted by an individual or individuals
who are not related to | 35 |
| the biological parents of the child or is the
subject of a | 36 |
| pending adoption petition by an individual or individuals who
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| are not related to the biological parents of the child.
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| (3) (Blank).
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| (c) The court may modify an order granting or denying | 4 |
| visitation
rights of a parent whenever modification would serve | 5 |
| the best interest of
the child;
but the court shall not | 6 |
| restrict a parent's visitation rights unless it
finds that the | 7 |
| visitation would endanger seriously the child's physical,
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| mental, moral or emotional health.
The court may modify an | 9 |
| order granting, denying, or limiting visitation
rights of a | 10 |
| grandparent, great-grandparent, or sibling of any minor child
| 11 |
| whenever a change of circumstances has occurred based on facts | 12 |
| occurring
subsequent to the judgment and the court finds by | 13 |
| clear and convincing evidence
that the modification is in the | 14 |
| best interest of the minor child.
| 15 |
| (d) If any court has entered an order prohibiting a | 16 |
| non-custodial parent
of a child from any contact with a child
| 17 |
| or restricting the non-custodial parent's contact with the | 18 |
| child, the
following provisions shall apply:
| 19 |
| (1) If an order has been entered granting visitation | 20 |
| privileges with the
child to a grandparent or | 21 |
| great-grandparent who is related to the child through
the | 22 |
| non-custodial parent, the visitation privileges of the | 23 |
| grandparent or
great-grandparent may be revoked if:
| 24 |
| (i) a court has entered an order prohibiting the | 25 |
| non-custodial parent
from any contact with the child, | 26 |
| and the grandparent or great-grandparent is
found to | 27 |
| have used his or her visitation privileges to | 28 |
| facilitate contact
between the child and the | 29 |
| non-custodial parent; or
| 30 |
| (ii) a court has entered an order restricting the | 31 |
| non-custodial parent's
contact with the child, and the | 32 |
| grandparent or great-grandparent is found to
have used | 33 |
| his or her visitation privileges to facilitate contact
| 34 |
| between the child and the non-custodial parent in a | 35 |
| manner that violates the
terms of the order restricting | 36 |
| the non-custodial parent's contact with the
child.
|
|
|
|
SB0529 Enrolled |
- 13 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| Nothing in this subdivision (1) limits the authority of | 2 |
| the court to
enforce its orders in any manner permitted by | 3 |
| law.
| 4 |
| (2) Any order granting visitation privileges with the | 5 |
| child to a
grandparent or great-grandparent who is related | 6 |
| to the child through the
non-custodial parent shall contain | 7 |
| the following provision:
| 8 |
| "If the (grandparent or great-grandparent, whichever | 9 |
| is applicable) who has
been granted visitation privileges | 10 |
| under this order uses the visitation
privileges to | 11 |
| facilitate contact between the child and the child's
| 12 |
| non-custodial parent, the visitation privileges granted | 13 |
| under this order shall
be permanently revoked."
| 14 |
| (e) No parent, not granted custody of the child, or | 15 |
| grandparent, or
great-grandparent, or stepparent, or sibling | 16 |
| of any minor child, convicted
of any offense
involving an | 17 |
| illegal sex act perpetrated upon a victim less than 18 years of
| 18 |
| age including but not limited to offenses for violations of | 19 |
| Article 12 of the
Criminal Code of 1961, is entitled to | 20 |
| visitation rights while incarcerated
or while on parole, | 21 |
| probation, conditional discharge, periodic
imprisonment, or
| 22 |
| mandatory supervised release for that offense, and upon | 23 |
| discharge from
incarceration for a misdemeanor offense or upon | 24 |
| discharge from parole,
probation, conditional discharge, | 25 |
| periodic imprisonment,
or mandatory supervised release for a | 26 |
| felony offense, visitation shall be
denied until the person | 27 |
| successfully completes a treatment program approved
by the | 28 |
| court.
| 29 |
| (f) Unless the court determines, after considering all | 30 |
| relevant factors,
including but not limited to those set forth | 31 |
| in Section 602(a), that it would
be in the best interests of | 32 |
| the child to allow visitation, the court shall not
enter an | 33 |
| order providing visitation rights and pursuant to a motion to | 34 |
| modify
visitation shall revoke visitation rights previously | 35 |
| granted to any
person who would otherwise be entitled to | 36 |
| petition for visitation rights under
this Section who has been |
|
|
|
SB0529 Enrolled |
- 14 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| convicted of first degree murder of the parent,
grandparent, | 2 |
| great-grandparent, or sibling of the child who is the subject | 3 |
| of
the order. Until an order is entered pursuant to this | 4 |
| subsection, no person
shall visit, with
the child present, a | 5 |
| person who has been convicted of first degree murder of
the | 6 |
| parent, grandparent, great-grandparent, or sibling of the | 7 |
| child
without the consent of the child's parent, other than a | 8 |
| parent convicted of
first degree murder as set forth herein, or | 9 |
| legal
guardian.
| 10 |
| (g) If an order has been entered limiting, for cause, a | 11 |
| minor child's
contact or
visitation with a grandparent, | 12 |
| great-grandparent, or sibling on the grounds
that it was in the | 13 |
| best interest of the child to do so, that order may be
modified | 14 |
| only upon a showing of a substantial change in circumstances | 15 |
| occurring
subsequent to the entry of the order with proof by | 16 |
| clear and convincing
evidence that modification is in the best | 17 |
| interest of the minor child.
| 18 |
| (Source: P.A. 93-911, eff. 1-1-05.)
| 19 |
| Section 20. The Emancipation of Minors Act is amended by | 20 |
| changing Section 3-3 as follows:
| 21 |
| (750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)
| 22 |
| Sec. 3-3. Parents. "Parent" means the father or mother of a | 23 |
| lawful child of the parties
legitimate
or a child born out of | 24 |
| wedlock
illegitimate child , and includes any adoptive parent. | 25 |
| It does not include
a parent whose rights in respect to the | 26 |
| minor have been terminated in any
manner provided by law.
| 27 |
| (Source: P.A. 81-833.)
| 28 |
| Section 25. The Adoption Act is amended by changing Section | 29 |
| 1 as follows:
| 30 |
| (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 31 |
| Sec. 1. Definitions. When used in this Act, unless the | 32 |
| context
otherwise requires:
|
|
|
|
SB0529 Enrolled |
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LRB094 07770 LCB 37948 b |
|
| 1 |
| A. "Child" means a person under legal age subject to | 2 |
| adoption under
this Act.
| 3 |
| B. "Related child" means a child subject to adoption where | 4 |
| either or both of
the adopting parents stands in any of the | 5 |
| following relationships to the child
by blood or marriage: | 6 |
| parent, grand-parent, brother, sister, step-parent,
| 7 |
| step-grandparent, step-brother, step-sister, uncle, aunt, | 8 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 9 |
| whose parent has executed
a final irrevocable consent to | 10 |
| adoption or a final irrevocable surrender
for purposes of | 11 |
| adoption, or whose parent has had his or her parental rights
| 12 |
| terminated, is not a related child to that person, unless the | 13 |
| consent is
determined to be void or is void pursuant to | 14 |
| subsection O of Section 10.
| 15 |
| C. "Agency" for the purpose of this Act means a public | 16 |
| child welfare agency
or a licensed child welfare agency.
| 17 |
| D. "Unfit person" means any person whom the court shall | 18 |
| find to be unfit
to have a child, without regard to the | 19 |
| likelihood that the child will be
placed for adoption. The | 20 |
| grounds of unfitness are any one or more
of the following, | 21 |
| except that a person shall not be considered an unfit
person | 22 |
| for the sole reason that the person has relinquished a child in
| 23 |
| accordance with the Abandoned Newborn Infant Protection Act:
| 24 |
| (a) Abandonment of the child.
| 25 |
| (a-1) Abandonment of a newborn infant in a hospital.
| 26 |
| (a-2) Abandonment of a newborn infant in any setting | 27 |
| where the evidence
suggests that the parent intended to | 28 |
| relinquish his or her parental rights.
| 29 |
| (b) Failure to maintain a reasonable degree of | 30 |
| interest, concern or
responsibility as to the child's | 31 |
| welfare.
| 32 |
| (c) Desertion of the child for more than 3 months next | 33 |
| preceding the
commencement of the Adoption proceeding.
| 34 |
| (d) Substantial neglect
of the
child if continuous or | 35 |
| repeated.
| 36 |
| (d-1) Substantial neglect, if continuous or repeated, |
|
|
|
SB0529 Enrolled |
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LRB094 07770 LCB 37948 b |
|
| 1 |
| of any child
residing in the household which resulted in | 2 |
| the death of that child.
| 3 |
| (e) Extreme or repeated cruelty to the child.
| 4 |
| (f) Two or more findings of physical abuse to any | 5 |
| children under Section
4-8 of the Juvenile Court Act or | 6 |
| Section 2-21 of the Juvenile Court Act
of 1987, the most | 7 |
| recent of which was determined by the juvenile court
| 8 |
| hearing the matter to be supported by clear and convincing | 9 |
| evidence; a
criminal conviction or a finding of not guilty | 10 |
| by reason of insanity
resulting from the death of any child | 11 |
| by physical child
abuse; or a finding of physical child | 12 |
| abuse resulting from the death of any
child under Section | 13 |
| 4-8 of the Juvenile Court Act or Section 2-21 of the
| 14 |
| Juvenile Court Act of 1987.
| 15 |
| (g) Failure to protect the child from conditions within | 16 |
| his environment
injurious to the child's welfare.
| 17 |
| (h) Other neglect of, or misconduct toward the child; | 18 |
| provided that in
making a finding of unfitness the court | 19 |
| hearing the adoption proceeding
shall not be bound by any | 20 |
| previous finding, order or judgment affecting
or | 21 |
| determining the rights of the parents toward the child | 22 |
| sought to be adopted
in any other proceeding except such | 23 |
| proceedings terminating parental rights
as shall be had | 24 |
| under either this Act, the Juvenile Court Act or
the | 25 |
| Juvenile Court Act of 1987.
| 26 |
| (i) Depravity. Conviction of any one of the following
| 27 |
| crimes shall create a presumption that a parent is depraved | 28 |
| which can be
overcome only by clear and convincing | 29 |
| evidence:
(1) first degree murder in violation of paragraph | 30 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 31 |
| Code of 1961 or conviction
of second degree murder in | 32 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 33 |
| Code of 1961 of a parent of the child to be adopted; (2)
| 34 |
| first degree murder or second degree murder of any child in
| 35 |
| violation of the Criminal Code of 1961; (3)
attempt or | 36 |
| conspiracy to commit first degree murder or second degree |
|
|
|
SB0529 Enrolled |
- 17 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| murder
of any child in violation of the Criminal Code of | 2 |
| 1961; (4)
solicitation to commit murder of any child, | 3 |
| solicitation to
commit murder of any child for hire, or | 4 |
| solicitation to commit second
degree murder of any child in | 5 |
| violation of the Criminal Code of 1961; or (5)
aggravated | 6 |
| criminal sexual assault in violation of
Section | 7 |
| 12-14(b)(1) of the Criminal Code of 1961.
| 8 |
| There is a rebuttable presumption that a parent is | 9 |
| depraved if the parent
has been criminally convicted of at | 10 |
| least 3 felonies under the laws of this
State or any other | 11 |
| state, or under federal law, or the criminal laws of any
| 12 |
| United States territory; and at least one of these
| 13 |
| convictions took place within 5 years of the filing of the | 14 |
| petition or motion
seeking termination of parental rights.
| 15 |
| There is a rebuttable presumption that a parent is | 16 |
| depraved if that
parent
has
been criminally convicted of | 17 |
| either first or second degree murder of any person
as | 18 |
| defined in the Criminal Code of 1961 within 10 years of the | 19 |
| filing date of
the petition or motion to terminate parental | 20 |
| rights.
| 21 |
| (j) Open and notorious adultery or fornication.
| 22 |
| (j-1) (Blank).
| 23 |
| (k) Habitual drunkenness or addiction to drugs, other | 24 |
| than those
prescribed by a physician, for at least one year | 25 |
| immediately
prior to the commencement of the unfitness | 26 |
| proceeding.
| 27 |
| There is a rebuttable presumption that a parent is | 28 |
| unfit under this
subsection
with respect to any child to | 29 |
| which that parent gives birth where there is a
confirmed
| 30 |
| test result that at birth the child's blood, urine, or | 31 |
| meconium contained any
amount of a controlled substance as | 32 |
| defined in subsection (f) of Section 102 of
the Illinois | 33 |
| Controlled Substances Act or metabolites of such | 34 |
| substances, the
presence of which in the newborn infant was | 35 |
| not the result of medical treatment
administered to the | 36 |
| mother or the newborn infant; and the biological mother of
|
|
|
|
SB0529 Enrolled |
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LRB094 07770 LCB 37948 b |
|
| 1 |
| this child is the biological mother of at least one other | 2 |
| child who was
adjudicated a neglected minor under | 3 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 4 |
| 1987.
| 5 |
| (l) Failure to demonstrate a reasonable degree of | 6 |
| interest, concern or
responsibility as to the welfare of a | 7 |
| new born child during the first 30
days after its birth.
| 8 |
| (m) Failure by a parent (i) to make reasonable efforts | 9 |
| to correct the
conditions that were the basis for the | 10 |
| removal of the child from the
parent, or (ii) to make | 11 |
| reasonable progress toward the return of the child
to
the | 12 |
| parent within 9 months after an adjudication of neglected | 13 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 14 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 15 |
| or (iii) to make reasonable progress
toward the return of | 16 |
| the
child to the parent during any 9-month period after the | 17 |
| end of the initial
9-month period following the | 18 |
| adjudication of
neglected or abused minor under Section 2-3 | 19 |
| of the Juvenile Court
Act of 1987 or dependent minor under | 20 |
| Section 2-4 of that Act.
If a service plan has been | 21 |
| established as
required under
Section 8.2 of the Abused and | 22 |
| Neglected Child Reporting Act to correct the
conditions | 23 |
| that were the basis for the removal of the child from the | 24 |
| parent
and if those services were available,
then, for | 25 |
| purposes of this Act, "failure to make reasonable progress | 26 |
| toward the
return of the child to the parent" includes (I) | 27 |
| the parent's failure to
substantially fulfill his or her | 28 |
| obligations under the
service plan and correct the | 29 |
| conditions that brought the child into care
within 9 months | 30 |
| after the adjudication under Section 2-3 or 2-4
of the | 31 |
| Juvenile Court Act of 1987
and (II) the parent's failure to | 32 |
| substantially fulfill his or her obligations
under
the | 33 |
| service plan and correct the conditions that brought the | 34 |
| child into care
during any 9-month period after the end of | 35 |
| the initial 9-month period
following the adjudication | 36 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
|
|
|
|
SB0529 Enrolled |
- 19 - |
LRB094 07770 LCB 37948 b |
|
| 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, | 27 |
| (1) as manifested
by his or her failure for a period of 12 | 28 |
| months: (i) to visit the child,
(ii) to communicate with | 29 |
| the child or agency, although able to do so and
not | 30 |
| prevented from doing so by an agency or by court order, or | 31 |
| (iii) to
maintain contact with or plan for the future of | 32 |
| the child, although physically
able to do so, or (2) as | 33 |
| manifested by the father's failure, where he
and the mother | 34 |
| of the child were unmarried to each other at the time of | 35 |
| the
child's birth, (i) to commence legal proceedings to | 36 |
| establish his paternity
under the Illinois Parentage Act of |
|
|
|
SB0529 Enrolled |
- 20 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| 1984 or the law of the jurisdiction of
the child's birth | 2 |
| within 30 days of being informed, pursuant to Section 12a
| 3 |
| of this Act, that he is the father or the likely father of | 4 |
| the child or,
after being so informed where the child is | 5 |
| not yet born, within 30 days of
the child's birth, or (ii) | 6 |
| to make a good faith effort to pay a reasonable
amount of | 7 |
| the expenses related to the birth of the child and to | 8 |
| provide a
reasonable amount for the financial support of | 9 |
| the child, the court to
consider in its determination all | 10 |
| relevant circumstances, including the
financial condition | 11 |
| of both parents; provided that the ground for
termination | 12 |
| provided in this subparagraph (n)(2)(ii) shall only be
| 13 |
| available where the petition is brought by the mother or | 14 |
| the husband of
the mother.
| 15 |
| Contact or communication by a parent with his or her | 16 |
| child that does not
demonstrate affection and concern does | 17 |
| not constitute reasonable contact
and planning under | 18 |
| subdivision (n). In the absence of evidence to the
| 19 |
| contrary, the ability to visit, communicate, maintain | 20 |
| contact, pay
expenses and plan for the future shall be | 21 |
| presumed. The subjective intent
of the parent, whether | 22 |
| expressed or otherwise, unsupported by evidence of
the | 23 |
| foregoing parental acts manifesting that intent, shall not | 24 |
| preclude a
determination that the parent has intended to | 25 |
| forgo his or her
parental
rights. In making this | 26 |
| determination, the court may consider but shall not
require | 27 |
| a showing of diligent efforts by an authorized agency to | 28 |
| encourage
the parent to perform the acts specified in | 29 |
| subdivision (n).
| 30 |
| It shall be an affirmative defense to any allegation | 31 |
| under paragraph
(2) of this subsection that the father's | 32 |
| failure was due to circumstances
beyond his control or to | 33 |
| impediments created by the mother or any other
person | 34 |
| having legal custody. Proof of that fact need only be by a
| 35 |
| preponderance of the evidence.
| 36 |
| (o) Repeated or continuous failure by the parents, |
|
|
|
SB0529 Enrolled |
- 21 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| although physically
and financially able, to provide the | 2 |
| child with adequate food, clothing,
or shelter.
| 3 |
| (p) Inability to discharge parental responsibilities | 4 |
| supported by
competent evidence from a psychiatrist, | 5 |
| licensed clinical social
worker, or clinical psychologist | 6 |
| of mental
impairment, mental illness or mental retardation | 7 |
| as defined in Section
1-116 of the Mental Health and | 8 |
| Developmental Disabilities Code, or
developmental | 9 |
| disability as defined in Section 1-106 of that Code, and
| 10 |
| there is sufficient justification to believe that the | 11 |
| inability to
discharge parental responsibilities shall | 12 |
| extend beyond a reasonable
time period. However, this | 13 |
| subdivision (p) shall not be construed so as to
permit a | 14 |
| licensed clinical social worker to conduct any medical | 15 |
| diagnosis to
determine mental illness or mental | 16 |
| impairment.
| 17 |
| (q) The parent has been criminally convicted of | 18 |
| aggravated battery,
heinous battery, or attempted murder | 19 |
| of any child.
| 20 |
| (r) The child is in the temporary custody or | 21 |
| guardianship of the
Department of Children and Family | 22 |
| Services, the parent is incarcerated as a
result of | 23 |
| criminal conviction at the time the petition or motion for
| 24 |
| termination of parental rights is filed, prior to | 25 |
| incarceration the parent had
little or no contact with the | 26 |
| child or provided little or no support for the
child, and | 27 |
| the parent's incarceration will prevent the parent from | 28 |
| discharging
his or her parental responsibilities for the | 29 |
| child for a period in excess of 2
years after the filing of | 30 |
| the petition or motion for termination of parental
rights.
| 31 |
| (s) The child is in the temporary custody or | 32 |
| guardianship of the
Department of Children and Family | 33 |
| Services, the parent is incarcerated at the
time the | 34 |
| petition or motion for termination of parental rights is | 35 |
| filed, the
parent has been repeatedly incarcerated as a | 36 |
| result of criminal convictions,
and the parent's repeated |
|
|
|
SB0529 Enrolled |
- 22 - |
LRB094 07770 LCB 37948 b |
|
| 1 |
| incarceration has prevented the parent from
discharging | 2 |
| his or her parental responsibilities for the child.
| 3 |
| (t) A finding that at birth the child's blood,
urine, | 4 |
| or meconium contained any amount of a controlled substance | 5 |
| as
defined in subsection (f) of Section 102 of the Illinois | 6 |
| Controlled Substances
Act, or a metabolite of a controlled | 7 |
| substance, with the exception of
controlled substances or | 8 |
| metabolites of such substances, the presence of which
in | 9 |
| the newborn infant was the result of medical treatment | 10 |
| administered to the
mother or the newborn infant, and that | 11 |
| the biological mother of this child is
the biological | 12 |
| mother of at least one other child who was adjudicated a
| 13 |
| neglected minor under subsection (c) of Section 2-3 of the | 14 |
| Juvenile Court Act
of 1987, after which the biological | 15 |
| mother had the opportunity to enroll in
and participate in | 16 |
| a clinically appropriate substance abuse
counseling, | 17 |
| treatment, and rehabilitation program.
| 18 |
| E. "Parent" means the father or mother of a lawful child of | 19 |
| the parties
legitimate or illegitimate
child born out of | 20 |
| wedlock . For the purpose of this Act, a person who has executed | 21 |
| a final and
irrevocable consent to adoption or a final and | 22 |
| irrevocable surrender for
purposes of adoption, or whose | 23 |
| parental rights have been terminated by a
court, is not a | 24 |
| parent of the child who was the subject of the consent or
| 25 |
| surrender, unless the consent is void pursuant to subsection O | 26 |
| of Section 10.
| 27 |
| F. A person is available for adoption when the person is:
| 28 |
| (a) a child who has been surrendered for adoption to an | 29 |
| agency and to
whose adoption the agency has thereafter | 30 |
| consented;
| 31 |
| (b) a child to whose adoption a person authorized by | 32 |
| law, other than his
parents, has consented, or to whose | 33 |
| adoption no consent is required pursuant
to Section 8 of | 34 |
| this Act;
| 35 |
| (c) a child who is in the custody of persons who intend | 36 |
| to adopt him
through placement made by his parents;
|
|
|
|
SB0529 Enrolled |
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LRB094 07770 LCB 37948 b |
|
| 1 |
| (c-1) a child for whom a parent has signed a specific | 2 |
| consent pursuant
to subsection O of Section 10;
| 3 |
| (d) an adult who meets the conditions set forth in | 4 |
| Section 3 of this
Act; or
| 5 |
| (e) a child who has been relinquished as defined in | 6 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
| 7 |
| A person who would otherwise be available for adoption | 8 |
| shall not be
deemed unavailable for adoption solely by reason | 9 |
| of his or her death.
| 10 |
| G. The singular includes the plural and the plural includes
| 11 |
| the singular and the "male" includes the "female", as the | 12 |
| context of this
Act may require.
| 13 |
| H. "Adoption disruption" occurs when an adoptive placement | 14 |
| does not
prove successful and it becomes necessary for the | 15 |
| child to be removed from
placement before the adoption is | 16 |
| finalized.
| 17 |
| I. "Foreign placing agency" is an agency or individual | 18 |
| operating in a
country or territory outside the United States | 19 |
| that is authorized by its
country to place children for | 20 |
| adoption either directly with families in the
United States or | 21 |
| through United States based international agencies.
| 22 |
| J. "Immediate relatives" means the biological parents, the | 23 |
| parents of
the biological parents and siblings of the | 24 |
| biological parents.
| 25 |
| K. "Intercountry adoption" is a process by which a child | 26 |
| from a country
other than the United States is adopted.
| 27 |
| L. "Intercountry Adoption Coordinator" is a staff person of | 28 |
| the
Department of Children and Family Services appointed by the | 29 |
| Director to
coordinate the provision of services by the public | 30 |
| and private sector to
prospective parents of foreign-born | 31 |
| children.
| 32 |
| M. "Interstate Compact on the Placement of Children" is a | 33 |
| law enacted by
most states for the purpose of establishing | 34 |
| uniform procedures for handling
the interstate placement of | 35 |
| children in foster homes, adoptive homes, or
other child care | 36 |
| facilities.
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| N. "Non-Compact state" means a state that has not enacted | 2 |
| the
Interstate Compact on the Placement of Children.
| 3 |
| O. "Preadoption requirements" are any conditions | 4 |
| established by the laws
or regulations of the Federal | 5 |
| Government or of each state that must be met
prior to the | 6 |
| placement of a child in an adoptive home.
| 7 |
| P. "Abused child" means a child whose parent or immediate | 8 |
| family member,
or any person responsible for the child's | 9 |
| welfare, or any individual
residing in the same home as the | 10 |
| child, or a paramour of the child's parent:
| 11 |
| (a) inflicts, causes to be inflicted, or allows to be | 12 |
| inflicted upon
the child physical injury, by other than | 13 |
| accidental means, that causes
death, disfigurement, | 14 |
| impairment of physical or emotional health, or loss
or | 15 |
| impairment of any bodily function;
| 16 |
| (b) creates a substantial risk of physical injury to | 17 |
| the child by
other than accidental means which would be | 18 |
| likely to cause death,
disfigurement, impairment of | 19 |
| physical or emotional health, or loss or
impairment of any | 20 |
| bodily function;
| 21 |
| (c) commits or allows to be committed any sex offense | 22 |
| against the child,
as sex offenses are defined in the | 23 |
| Criminal Code of 1961
and extending those definitions of | 24 |
| sex offenses to include children under
18 years of age;
| 25 |
| (d) commits or allows to be committed an act or acts of | 26 |
| torture upon
the child; or
| 27 |
| (e) inflicts excessive corporal punishment.
| 28 |
| Q. "Neglected child" means any child whose parent or other | 29 |
| person
responsible for the child's welfare withholds or denies | 30 |
| nourishment or
medically indicated treatment including food or | 31 |
| care denied solely on the
basis of the present or anticipated | 32 |
| mental or physical impairment as determined
by a physician | 33 |
| acting alone or in consultation with other physicians or
| 34 |
| otherwise does not provide the proper or necessary support, | 35 |
| education
as required by law, or medical or other remedial care | 36 |
| recognized under State
law as necessary for a child's |
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LRB094 07770 LCB 37948 b |
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| 1 |
| well-being, or other care necessary for his
or her well-being, | 2 |
| including adequate food, clothing and shelter; or who
is | 3 |
| abandoned by his or her parents or other person responsible for | 4 |
| the child's
welfare.
| 5 |
| A child shall not be considered neglected or abused for the
| 6 |
| sole reason that the child's parent or other person responsible | 7 |
| for his
or her welfare depends upon spiritual means through | 8 |
| prayer alone for the
treatment or cure of disease or remedial | 9 |
| care as provided under Section 4
of the Abused and Neglected | 10 |
| Child Reporting Act.
A child shall not be considered neglected | 11 |
| or abused for the sole reason that
the child's parent or other | 12 |
| person responsible for the child's welfare failed
to vaccinate, | 13 |
| delayed vaccination, or refused vaccination for the child
due | 14 |
| to a waiver on religious or medical grounds as permitted by | 15 |
| law.
| 16 |
| R. "Putative father" means a man who may be a child's | 17 |
| father, but who (1) is
not married to the child's mother on or | 18 |
| before the date that the child was or
is to be born and (2) has | 19 |
| not established paternity of the child in a court
proceeding | 20 |
| before the filing of a petition for the adoption of the child. | 21 |
| The
term includes a male who is less than 18 years of age. | 22 |
| "Putative father" does
not mean a man who is the child's father | 23 |
| as a result of criminal sexual abuse
or assault as defined | 24 |
| under Article 12 of the Criminal Code of 1961.
| 25 |
| S. "Standby adoption" means an adoption in which a parent
| 26 |
| consents to custody and termination of parental rights to | 27 |
| become
effective upon the occurrence of a future event, which | 28 |
| is either the death of
the
parent or the request of the parent
| 29 |
| for the entry of a final judgment of adoption.
| 30 |
| T. (Blank).
| 31 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; 92-408, | 32 |
| eff. 8-17-01; 92-432, eff. 8-17-01 ; 92-651, eff. 7-11-02; | 33 |
| 93-732, eff. 1-1-05.)
| 34 |
| Section 30. The Probate Act of 1975 is amended by changing | 35 |
| Section 2-2 as follows:
|
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| 1 |
| (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
| 2 |
| Sec. 2-2. Children born out of wedlock
Illegitimates . The | 3 |
| intestate real and personal estate of
a resident decedent who | 4 |
| was a child born out of wedlock
illegitimate at the time of | 5 |
| death and the
intestate real estate in this State of a | 6 |
| nonresident decedent who was a child born out of wedlock
| 7 |
| illegitimate at the time of death, after all just claims | 8 |
| against his estate are
fully paid, descends and shall be | 9 |
| distributed as provided in Section 2-1,
subject to Section | 10 |
| 2-6.5 of this Act, if both parents are eligible parents. As
| 11 |
| used in this Section, "eligible parent" means a parent of the | 12 |
| decedent who,
during the decedent's lifetime, acknowledged the | 13 |
| decedent as the parent's
child, established a parental | 14 |
| relationship with the decedent, and supported the
decedent as | 15 |
| the parent's child. "Eligible parents" who are in arrears of in
| 16 |
| excess of one year's child support obligations shall not | 17 |
| receive any property
benefit or other interest of the decedent | 18 |
| unless and until a court of competent
jurisdiction makes a | 19 |
| determination as to the effect on the deceased of the
arrearage | 20 |
| and allows a reduced benefit. In no event shall the reduction | 21 |
| of
the benefit or other interest be less than the amount of | 22 |
| child support owed for
the support of the decedent at the time | 23 |
| of death. The court's considerations
shall include but are not | 24 |
| limited to the considerations in subsections (1)
through (3) of | 25 |
| Section 2-6.5 of this Act.
| 26 |
| If neither parent is an eligible parent, the intestate real
| 27 |
| and personal estate of a resident decedent who was a child born | 28 |
| out of wedlock
illegitimate at the time of
death and the | 29 |
| intestate real estate in this State of a nonresident decedent | 30 |
| who
was a child born out of wedlock
illegitimate at the time of | 31 |
| death, after all just claims against his or her
estate are | 32 |
| fully paid, descends and shall be distributed as provided in
| 33 |
| Section 2-1, but the parents of the decedent shall be treated | 34 |
| as having
predeceased the decedent.
| 35 |
| If only one parent is an eligible parent, the intestate |
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| real and personal
estate of a resident decedent who was a child | 2 |
| born out of wedlock
illegitimate at the time of death and the
| 3 |
| intestate real estate in this State of a nonresident decedent | 4 |
| who was a child born out of wedlock
illegitimate at the time of | 5 |
| death, after all just claims against his or her
estate are | 6 |
| fully paid, subject to Section 2-6.5 of this Act, descends and | 7 |
| shall
be distributed as follows:
| 8 |
| (a) If there is a surviving spouse and also a descendant of | 9 |
| the
decedent: 1/2 of the entire estate to the surviving spouse | 10 |
| and 1/2 to
the decedent's descendants per stirpes.
| 11 |
| (b) If there is no surviving spouse but a descendant of the
| 12 |
| decedent: the entire estate to the decedent's descendants per | 13 |
| stirpes.
| 14 |
| (c) If there is a surviving spouse but no descendant of the
| 15 |
| decedent: the entire estate to the surviving spouse.
| 16 |
| (d) If there is no surviving spouse or descendant but the | 17 |
| eligible parent or
a descendant of the eligible parent of the | 18 |
| decedent: the entire estate to the
eligible parent and the | 19 |
| eligible parent's descendants, allowing 1/2 to the
eligible | 20 |
| parent and 1/2 to the eligible parent's descendants per | 21 |
| stirpes.
| 22 |
| (e) If there is no surviving spouse, descendant, eligible | 23 |
| parent, or
descendant of the eligible parent of the decedent, | 24 |
| but a grandparent on the
eligible parent's side of the family | 25 |
| or descendant of such grandparent of the
decedent: the entire | 26 |
| estate to the decedent's grandparents on the eligible
parent's | 27 |
| side of the family in equal parts, or to the survivor of them, | 28 |
| or if
there is none surviving, to their descendants per | 29 |
| stirpes.
| 30 |
| (f) If there is no surviving spouse, descendant, eligible | 31 |
| parent, descendant
of the eligible parent, grandparent on the | 32 |
| eligible parent's side of the
family, or descendant of such | 33 |
| grandparent of the decedent: the entire estate
to the | 34 |
| decedent's great-grandparents on the eligible parent's side of | 35 |
| the
family in equal parts or to the survivor of them, or if | 36 |
| there is none
surviving, to their descendants per stirpes.
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| 1 |
| (g) If there is no surviving spouse, descendant, eligible | 2 |
| parent, descendant
of the eligible parent, grandparent on the
| 3 |
| eligible parent's side of the family, descendant of such
| 4 |
| grandparent, great-grandparent on the eligible parent's side | 5 |
| of
the family, or descendant of such great-grandparent of the | 6 |
| decedent: the
entire estate in equal parts to the nearest | 7 |
| kindred of the eligible parent of
the decedent in equal degree | 8 |
| (computing by the rules of the civil law) and
without | 9 |
| representation.
| 10 |
| (h) If there is no surviving spouse, descendant, or | 11 |
| eligible parent of the
decedent and no known kindred of the | 12 |
| eligible parent of the decedent: the real
estate escheats to
| 13 |
| the county in which it is located; the personal estate | 14 |
| physically
located within this State and the personal estate | 15 |
| physically located or
held outside this State which is the | 16 |
| subject of ancillary administration
within this State escheats | 17 |
| to the county of which the decedent was a
resident or, if the | 18 |
| decedent was not a resident of this State, to the
county in | 19 |
| which it is located; all other personal property of the
| 20 |
| decedent of every class and character, wherever situate, or the | 21 |
| proceeds
thereof, shall escheat to this State and be delivered | 22 |
| to the State
Treasurer of this State pursuant to the Uniform | 23 |
| Disposition
of Unclaimed Property Act.
| 24 |
| For purposes of inheritance, the changes made by this | 25 |
| amendatory Act of
1998 apply to all decedents who die on or | 26 |
| after the effective date of this
amendatory Act of 1998. For | 27 |
| the purpose of determining the property rights of
any person | 28 |
| under any instrument, the changes made by this amendatory Act | 29 |
| of
1998 apply to all instruments executed on or after the | 30 |
| effective date of this
amendatory Act of 1998.
| 31 |
| A child born out of wedlock
An illegitimate person is heir | 32 |
| of his mother and of any maternal
ancestor and of any person | 33 |
| from whom his mother might have inherited, if
living; and the | 34 |
| descendants of a person who was a child born out of wedlock
an | 35 |
| illegitimate person shall represent
such person and take by | 36 |
| descent any estate which the parent would have
taken, if |
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| 1 |
| living. If a decedent has acknowledged paternity of a child | 2 |
| born out of wedlock
an
illegitimate person or if during his | 3 |
| lifetime or after his death a
decedent has been adjudged to be | 4 |
| the father of a child born out of wedlock
an illegitimate | 5 |
| person ,
that person is heir of his father and of any paternal | 6 |
| ancestor and of
any person from whom his father might have | 7 |
| inherited, if living; and
the descendants of a person who was a | 8 |
| child born out of wedlock
an illegitimate person shall | 9 |
| represent that person
and take by descent any estate which the | 10 |
| parent would have taken, if
living. If during his lifetime the | 11 |
| decedent was adjudged to be the
father of a child born out of | 12 |
| wedlock
an illegitimate person by a court of competent | 13 |
| jurisdiction,
an authenticated copy of the judgment is | 14 |
| sufficient proof of the
paternity; but in all other cases | 15 |
| paternity must be proved by clear and
convincing evidence. A | 16 |
| person who was a child born out of wedlock
illegitimate whose | 17 |
| parents
intermarry and who is acknowledged by the father as the | 18 |
| father's child
is a lawful child of the father
legitimate .
| 19 |
| After a child born out of wedlock
an illegitimate person is | 20 |
| adopted, that person's relationship to his or
her adopting and | 21 |
| natural parents shall be governed by Section 2-4 of this
Act. | 22 |
| For purposes of inheritance, the changes made by this | 23 |
| amendatory Act of
1997 apply to all decedents who die on or | 24 |
| after January 1, 1998. For the
purpose of determining the | 25 |
| property rights of any person under any instrument,
the changes | 26 |
| made by this amendatory Act of 1997 apply to all instruments
| 27 |
| executed on or after January 1, 1998.
| 28 |
| (Source: P.A. 90-237, eff. 1-1-98; 90-803, eff. 12-15-98; | 29 |
| 91-16, eff. 7-1-99.)
|
|