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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB0165
750 ILCS 50/1 from Ch. 40, par. 1501
Amends the Adoption Act. In the definition of "unfit
person", provides that "failure to make reasonable progress
toward the return of the child to the parent" may be defined
as failure to complete within 12 months after an adjudication
under the Juvenile Court Act the service plan established to
correct the conditions that were the basis for the removal of
the child from the parent. Effective immediately.
LRB9000741DJcd
LRB9000741DJcd
1 AN ACT to amend the Adoption Act by changing Section 1.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Adoption Act is amended by changing
5 Section 1 as follows:
6 (750 ILCS 50/1) (from Ch. 40, par. 1501)
7 Sec. 1. Definitions. When used in this Act, unless the
8 context otherwise requires:
9 A. "Child" means a person under legal age subject to
10 adoption under this Act.
11 B. "Related child" means a child subject to adoption
12 where either or both of the adopting parents stands in any of
13 the following relationships to the child by blood or
14 marriage: parent, grand-parent, brother, sister, step-parent,
15 step-grandparent, step-brother, step-sister, uncle, aunt,
16 great-uncle, great-aunt, or cousin of first degree. A child
17 whose parent has executed a final irrevocable consent to
18 adoption or a final irrevocable surrender for purposes of
19 adoption, or whose parent has had his or her parental rights
20 terminated, is not a related child to that person.
21 C. "Agency" for the purpose of this Act means a public
22 child welfare agency or a licensed child welfare agency.
23 D. "Unfit person" means any person whom the court shall
24 find to be unfit to have a child, without regard to the
25 likelihood that the child will be placed for adoption. The
26 grounds of unfitness are any one or more of the following:
27 (a) Abandonment of the child.
28 (b) Failure to maintain a reasonable degree of
29 interest, concern or responsibility as to the child's
30 welfare.
31 (c) Desertion of the child for more than 3 months
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1 next preceding the commencement of the Adoption
2 proceeding.
3 (d) Substantial neglect of the child if continuous
4 or repeated.
5 (e) Extreme or repeated cruelty to the child.
6 (f) Two or more findings of physical abuse to any
7 children under Section 4-8 of the Juvenile Court Act or
8 Section 2-21 of the Juvenile Court Act of 1987, the most
9 recent of which was determined by the juvenile court
10 hearing the matter to be supported by clear and
11 convincing evidence; a criminal conviction resulting from
12 the death of any child by physical child abuse; or a
13 finding of physical child abuse resulting from the death
14 of any child under Section 4-8 of the Juvenile Court Act
15 or Section 2-21 of the Juvenile Court Act of 1987.
16 (g) Failure to protect the child from conditions
17 within his environment injurious to the child's welfare.
18 (h) Other neglect of, or misconduct toward the
19 child; provided that in making a finding of unfitness the
20 court hearing the adoption proceeding shall not be bound
21 by any previous finding, order or judgment affecting or
22 determining the rights of the parents toward the child
23 sought to be adopted in any other proceeding except such
24 proceedings terminating parental rights as shall be had
25 under either this Act, the Juvenile Court Act or the
26 Juvenile Court Act of 1987.
27 (i) Depravity.
28 (j) Open and notorious adultery or fornication.
29 (j-1) Conviction of first degree murder in
30 violation of paragraph 1 or 2 of subsection (a) of
31 Section 9-1 of the Criminal Code of 1961 or conviction of
32 second degree murder in violation of subsection (a) of
33 Section 9-2 of the Criminal Code of 1961 of a parent of
34 the child to be adopted shall create a presumption of
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1 unfitness that may be overcome only by clear and
2 convincing evidence.
3 (k) Habitual drunkenness or addiction to drugs,
4 other than those prescribed by a physician, for at least
5 one year immediately prior to the commencement of the
6 unfitness proceeding.
7 (l) Failure to demonstrate a reasonable degree of
8 interest, concern or responsibility as to the welfare of
9 a new born child during the first 30 days after its
10 birth.
11 (m) Failure by a parent to make reasonable efforts
12 to correct the conditions that were the basis for the
13 removal of the child from the parent, or to make
14 reasonable progress toward the return of the child to the
15 parent within 12 months after an adjudication of
16 neglected or minor, abused minor under Section 2-3 of the
17 Juvenile Court Act of 1987 or dependent minor under
18 Section 2-4 of that Act the Juvenile Court Act or the
19 Juvenile Court Act of 1987. If a service plan has been
20 established as required under Section 8.2 of the Abused
21 and Neglected Child Reporting Act to correct the
22 conditions that were the basis for the removal of the
23 child from the parent, then, for purposes of this Act,
24 "failure to make reasonable progress toward the return of
25 the child to the parent" includes failure to complete
26 that service plan within 12 months after the adjudication
27 under Section 2-3 or 2-4 of the Juvenile Court Act of
28 1987.
29 (n) Evidence of intent to forego his or her
30 parental rights, whether or not the child is a ward of
31 the court, (1) as manifested by his or her failure for a
32 period of 12 months: (i) to visit the child, (ii) to
33 communicate with the child or agency, although able to do
34 so and not prevented from doing so by an agency or by
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1 court order, or (iii) to maintain contact with or plan
2 for the future of the child, although physically able to
3 do so, or (2) as manifested by the father's failure,
4 where he and the mother of the child were unmarried to
5 each other at the time of the child's birth, (i) to
6 commence legal proceedings to establish his paternity
7 under the Illinois Parentage Act of 1984 or the law of
8 the jurisdiction of the child's birth within 30 days of
9 being informed, pursuant to Section 12a of this Act, that
10 he is the father or the likely father of the child or,
11 after being so informed where the child is not yet born,
12 within 30 days of the child's birth, or (ii) to make a
13 good faith effort to pay a reasonable amount of the
14 expenses related to the birth of the child and to provide
15 a reasonable amount for the financial support of the
16 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
24 does 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
27 contact, pay expenses and plan for the future shall be
28 presumed. The subjective intent of the parent, whether
29 expressed or otherwise, unsupported by evidence of the
30 foregoing parental acts manifesting that intent, shall
31 not preclude a determination that the parent has intended
32 to forego his or her parental rights. In making this
33 determination, the court may consider but shall not
34 require a showing of diligent efforts by an authorized
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1 agency to encourage the parent to perform the acts
2 specified in subdivision (n).
3 It shall be an affirmative defense to any allegation
4 under paragraph (2) of this subsection that the father's
5 failure was due to circumstances beyond his control or to
6 impediments created by the mother or any other person
7 having legal custody. Proof of that fact need only be by
8 a preponderance of the evidence.
9 (o) repeated or continuous failure by the parents,
10 although physically and financially able, to provide the
11 child with adequate food, clothing, or shelter.
12 (p) inability to discharge parental
13 responsibilities supported by competent evidence from a
14 psychiatrist, licensed clinical social worker, or
15 clinical psychologist of mental impairment, mental
16 illness or mental retardation as defined in Section 1-116
17 of the Mental Health and Developmental Disabilities Code,
18 or developmental disability as defined in Section 1-106
19 of that Code, and there is sufficient justification to
20 believe that the inability to discharge parental
21 responsibilities shall extend beyond a reasonable time
22 period. However, this subdivision (p) shall not be
23 construed so as to permit a licensed clinical social
24 worker to conduct any medical diagnosis to determine
25 mental illness or mental impairment.
26 (q) a finding of physical abuse of the child under
27 Section 4-8 of the Juvenile Court Act or Section 2-21 of
28 the Juvenile Court Act of 1987 and a criminal conviction
29 of aggravated battery of the child.
30 E. "Parent" means the father or mother of a legitimate
31 or illegitimate child. For the purpose of this Act, a person
32 who has executed a final and irrevocable consent to adoption
33 or a final and irrevocable surrender for purposes of
34 adoption, or whose parental rights have been terminated by a
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1 court, is not a parent of the child who was the subject of
2 the consent or surrender.
3 F. A person is available for adoption when the person
4 is:
5 (a) a child who has been surrendered for adoption
6 to an agency and to whose adoption the agency has
7 thereafter consented;
8 (b) a child to whose adoption a person authorized
9 by law, other than his parents, has consented, or to
10 whose adoption no consent is required pursuant to Section
11 8 of this Act;
12 (c) a child who is in the custody of persons who
13 intend to adopt him through placement made by his
14 parents; or
15 (d) an adult who meets the conditions set forth in
16 Section 3 of this Act.
17 A person who would otherwise be available for adoption
18 shall not be deemed unavailable for adoption solely by reason
19 of his or her death.
20 G. The singular includes the plural and the plural
21 includes the singular and the "male" includes the "female",
22 as the context of this Act may require.
23 H. "Adoption disruption" occurs when an adoptive
24 placement does not prove successful and it becomes necessary
25 for the child to be removed from placement before the
26 adoption is finalized.
27 I. "Foreign placing agency" is an agency or individual
28 operating in a country or territory outside the United States
29 that is authorized by its country to place children for
30 adoption either directly with families in the United States
31 or through United States based international agencies.
32 J. "Immediate relatives" means the biological parents,
33 the parents of the biological parents and siblings of the
34 biological parents;
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1 K. "Intercountry adoption" is a process by which a child
2 from a country other than the United States is adopted.
3 L. "Intercountry Adoption Coordinator" is a staff person
4 of the Department of Children and Family Services appointed
5 by the Director to coordinate the provision of services by
6 the public and private sector to prospective parents of
7 foreign-born children.
8 M. "Interstate Compact on the Placement of Children" is
9 a law enacted by most states for the purpose of establishing
10 uniform procedures for handling the interstate placement of
11 children in foster homes, adoptive homes, or other child care
12 facilities.
13 N. "Non-Compact state" means a state that has not
14 enacted the Interstate Compact on the Placement of Children.
15 O. "Preadoption requirements" are any conditions
16 established by the laws or regulations of the Federal
17 Government or of each state that must be met prior to the
18 placement of a child in an adoptive home.
19 P. "Abused child" means a child whose parent or
20 immediate family member, or any person responsible for the
21 child's welfare, or any individual residing in the same home
22 as the child, or a paramour of the child's parent:
23 (a) inflicts, causes to be inflicted, or allows to
24 be inflicted upon the child physical injury, by other
25 than accidental means, that causes death, disfigurement,
26 impairment of physical or emotional health, or loss or
27 impairment of any bodily function;
28 (b) creates a substantial risk of physical injury
29 to the child by other than accidental means which would
30 be likely to cause death, disfigurement, impairment of
31 physical or emotional health, or loss or impairment of
32 any bodily function;
33 (c) commits or allows to be committed any sex
34 offense against the child, as sex offenses are defined in
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1 the Criminal Code of 1961 and extending those definitions
2 of sex offenses to include children under 18 years of
3 age;
4 (d) commits or allows to be committed an act or
5 acts of torture upon the child; or
6 (e) inflicts excessive corporal punishment.
7 Q. "Neglected child" means any child whose parent or
8 other person responsible for the child's welfare withholds
9 or denies nourishment or medically indicated treatment
10 including food or care denied solely on the basis of the
11 present or anticipated mental or physical impairment as
12 determined by a physician acting alone or in consultation
13 with other physicians or otherwise does not provide the
14 proper or necessary support, education as required by law, or
15 medical or other remedial care recognized under State law as
16 necessary for a child's well-being, or other care necessary
17 for his or her well-being, including adequate food, clothing
18 and shelter; or who is abandoned by his or her parents or
19 other person responsible for the child's welfare.
20 A child shall not be considered neglected or abused for
21 the sole reason that the child's parent or other person
22 responsible for his or her welfare depends upon spiritual
23 means through prayer alone for the treatment or cure of
24 disease or remedial care as provided under Section 4 of the
25 Abused and Neglected Child Reporting Act.
26 R. "Putative father" means a man who may be a child's
27 father, but who (1) is not married to the child's mother on
28 or before the date that the child was or is to be born and
29 (2) has not established paternity of the child in a court
30 proceeding before the filing of a petition for the adoption
31 of the child. The term includes a male who is less than 18
32 years of age.
33 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
34 1-24-95; 89-235, eff. 8-4-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.