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90_SB0345enr
5 ILCS 160/3.5 new
20 ILCS 505/35.3 new
Amends the Children and Family Services Act. Provides
that all records concerning foster placement and foster
parent identifying information shall be confidential and
shall not be disclosed except as specifically authorized by
this Act, a specific court order accompanied by an order of
protection, or upon written consent of the foster parent or
parents. Provides that it is a Class A misdemeanor to permit,
assist or encourage the unauthorized release of any
information contained in such records. Amends the State
Records Act. Provides that all records concerning foster
placement and foster parent identifying information shall not
be considered records under this Act and can only be released
in accordance with the Children and Family Services Act.
Effective immediately.
LRB9000198SMcc
SB345 Enrolled LRB9000198SMcc
1 AN ACT concerning records relating to minors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Records Act is amended by adding
5 Section 3.5 as follows:
6 (5 ILCS 160/3.5 new)
7 Sec. 3.5. Confidentiality of foster placement records.
8 All records concerning foster placement and foster parent
9 identifying information shall not be considered records under
10 this Act. These records shall be released only in accordance
11 with Section 35.3 of the Children and Family Services Act.
12 Section 10. The Children and Family Services Act is
13 amended by changing Section 35.1 and by adding Section 35.3
14 as follows:
15 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
16 Sec. 35.1. The case and clinical records of patients in
17 Department supervised facilities, wards of the Department,
18 children receiving or applying for child welfare services,
19 persons receiving or applying for other services of the
20 Department, and Department reports of injury or abuse to
21 children shall not be open to the general public. Such case
22 and clinical records and reports or the information contained
23 therein shall be disclosed by the Director of the Department
24 only to proper law enforcement officials, individuals
25 authorized by court, the Illinois General Assembly or any
26 committee or commission thereof, and to such other persons
27 and for such reasons as the Director shall designate by rule
28 or regulation. This Section does not apply to the
29 Department's fiscal records, other records of a purely
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1 administrative nature, or any forms, documents or other
2 records required of facilities subject to licensure by the
3 Department except as may otherwise be provided under the
4 Child Care Act of 1969.
5 Nothing contained in this Act prevents the sharing or
6 disclosure of information or records relating or pertaining
7 to juveniles subject to the provisions of the Serious
8 Habitual Offender Comprehensive Action Program when that
9 information is used to assist in the early identification and
10 treatment of habitual juvenile offenders.
11 Nothing contained in this Act prevents the sharing or
12 disclosure of information or records relating or pertaining
13 to the death of a minor under the care of or receiving
14 services from the Department and under the jurisdiction of
15 the juvenile court with the juvenile court, the State's
16 Attorney, and the minor's attorney.
17 (Source: P.A. 87-928.)
18 (20 ILCS 505/35.3 new)
19 Sec. 35.3. Confidentiality of foster parent identifying
20 information. Because foster parents accept placements into
21 their residences, it is the policy of the State of Illinois
22 to protect foster parents' addresses and telephone numbers
23 from disclosure. The Department shall adopt rules to
24 effectuate this policy and provide sufficient prior notice of
25 any authorized disclosure for foster parents to seek an order
26 of protection under Section 2-25 of the Juvenile Court Act of
27 1987.
28 Section 11. The Child Death Review Team Act is amended
29 by changing Section 30 as follows:
30 (20 ILCS 515/30)
31 Sec. 30. Public access to information.
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1 (a) Meetings of child death review teams shall be closed
2 to the public. Meetings of child death review teams are not
3 subject to the Open Meetings Act (5 ILCS 120/1 et seq.), as
4 provided in that Act.
5 (b) Records and information provided to a child death
6 review team, and records maintained by a team, are
7 confidential and not subject to the Freedom of Information
8 Act (5 ILCS 140/1 et seq.), as provided in that Act.
9 Nothing contained in this subsection (b) prevents the
10 sharing or disclosure of records, other than those produced
11 by a Child Death Review Team, relating or pertaining to the
12 death of a minor under the care of or receiving services from
13 the Department of Children and Family Services and under the
14 jurisdiction of the juvenile court with the juvenile court,
15 the State's Attorney, and the minor's attorney.
16 (c) Members of a child death review team are not subject
17 to examination, in any civil or criminal proceeding,
18 concerning information presented to members of the team or
19 opinions formed by members of the team based on that
20 information. A person may, however, be examined concerning
21 information provided to a child death review team that is
22 otherwise available to the public.
23 (d) Records and information produced by a child death
24 review team are not subject to discovery or subpoena and are
25 not admissible as evidence in any civil or criminal
26 proceeding. Those records and information are, however,
27 subject to discovery or a subpoena, and are admissible as
28 evidence, to the extent they are otherwise available to the
29 public.
30 (Source: P.A. 88-614, eff. 9-7-94.)
31 Section 13. The Abused and Neglected Child Reporting Act
32 is amended by changing Sections 7.7, 7.14, 7.15, 7.16, 9, 11,
33 and 11.1 and by adding Section 4.2 as follows:
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1 (325 ILCS 5/4.2 new)
2 Sec. 4.2. Departmental report on death of child.
3 (a) In the case of the death of a child whose care and
4 custody or custody and guardianship has been transferred to
5 the Department, or in the case of a child abuse or neglect
6 report made to the central register involving the death of a
7 child, the Department shall (i) investigate or provide for an
8 investigation of the cause of and circumstances surrounding
9 the death, (ii) review the investigation, and (iii) prepare
10 and issue a report on the death.
11 (b) The report shall include (i) the cause of death,
12 whether from natural or other causes, (ii) identification of
13 child protective or other services provided or actions taken
14 regarding the child and his or her family, (iii) any
15 extraordinary or pertinent information concerning the
16 circumstances of the child's death, (iv) whether the child or
17 the child's family had received assistance, care, or services
18 from the social services district prior to the child's death,
19 (v) any action or further investigation undertaken by the
20 Department since the death of the child, and (vi) as
21 appropriate, recommendations for State administrative or
22 policy changes.
23 The report shall contain no information that would
24 identify the name of the deceased child, his or her siblings,
25 the parent or other person legally responsible for the child,
26 or any other members of the child's household, but shall
27 refer instead to the case, which may be denoted in any
28 fashion determined appropriate by the Department. In making
29 a fatality report available to the public pursuant to
30 subsection (c) of this Section, the Department may respond to
31 a child specific request for a report if the Department
32 determines that the disclosure is not contrary to the best
33 interests of the deceased child's siblings or other children
34 in the household. Except as it may apply directly to the
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1 cause of the death of the child, nothing in this Section
2 shall be deemed to authorize the release or disclosure to the
3 public of the substance or content of any psychological,
4 psychiatric, therapeutic, clinical, or medical reports,
5 evaluation, or like materials or information pertaining to
6 the child or the child's family.
7 (c) No later than 6 months after the date of the death
8 of the child, the Department shall complete its report. The
9 Department shall notify the President of the Senate, the
10 Minority Leader of the Senate, the Speaker of the House of
11 Representatives, the Minority Leader of the House of
12 Representatives, and the members of the Senate and the House
13 of Representatives in whose district the child's death
14 occurred upon the completion of each report and shall submit
15 an annual cumulative report to the Governor and the General
16 Assembly incorporating the data in the above reports and
17 including appropriate findings and recommendations. The
18 reports concerning the death of a child and the cumulative
19 reports shall be made available to the public after
20 completion or submittal.
21 (d) To enable the Department to prepare the report, the
22 Department may request and shall timely receive from
23 departments, boards, bureaus, or other agencies of the State,
24 or any of its political subdivisions, or any duly authorized
25 agency, or any other agency which provided assistance, care,
26 or services to the deceased child any information they are
27 authorized to provide.
28 (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
29 Sec. 7.7. There shall be a central register of all cases
30 of suspected child abuse or neglect reported and maintained
31 by the Department under this Act. Through the recording of
32 initial, preliminary, and final reports, the central register
33 shall be operated in such a manner as to enable the
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1 Department to: (1) immediately identify and locate prior
2 reports of child abuse or neglect; (2) continuously monitor
3 the current status of all reports of child abuse or neglect
4 being provided services under this Act; and (3) regularly
5 evaluate the effectiveness of existing laws and programs
6 through the development and analysis of statistical and other
7 information.
8 The Department shall maintain in the central register a
9 listing of unfounded reports where the subject of the
10 unfounded report requests that the record not be expunged
11 because the subject alleges an intentional false report was
12 made. Such a request must be made by the subject in writing
13 to the Department, within 10 days of the investigation.
14 The Department shall also maintain in the central
15 register a listing of unfounded reports where the report was
16 classified as a priority one or priority two report in
17 accordance with the Department's rules or the report was made
18 by a person mandated to report suspected abuse or neglect
19 under this Act.
20 The Department shall maintain in the central register for
21 3 years a listing of unfounded reports involving the death of
22 a child, the sexual abuse of a child, or serious physical
23 injury to a child as defined by the Department in rules.
24 (Source: P.A. 88-614, eff. 9-7-94.)
25 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
26 Sec. 7.14. All reports in the central register shall be
27 classified in one of three categories: "indicated",
28 "unfounded" or "undetermined", as the case may be. After the
29 report is classified, the person making the classification
30 shall determine whether the child named in the report is the
31 subject of an action under Article II of the Juvenile Court
32 Act of 1987. If the child is the subject of an action under
33 Article II of the Juvenile Court Act, the Department shall
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1 transmit a copy of the report to the guardian ad litem
2 appointed for the child under Section 2-17 of the Juvenile
3 Court Act. All information identifying the subjects of an
4 unfounded report shall be expunged from the register
5 forthwith, except as provided in Section 7.7. Unfounded
6 reports may only be made available to the Child Protective
7 Service Unit when investigating a subsequent report of
8 suspected abuse or maltreatment involving a child named in
9 the unfounded report; and to the subject of the report,
10 provided that the subject requests the report within 60 days
11 of being notified that the report was unfounded. The Child
12 Protective Service Unit shall not indicate the subsequent
13 report solely based upon the existence of the prior unfounded
14 report or reports. Notwithstanding any other provision of
15 law to the contrary, an unfounded report shall not be
16 admissible in any judicial or administrative proceeding or
17 action. Identifying information on all other records shall be
18 removed from the register no later than 5 years after the
19 report is indicated. However, if another report is received
20 involving the same child, his sibling or offspring, or a
21 child in the care of the persons responsible for the child's
22 welfare, the identifying information may be maintained in the
23 register until 5 years after the subsequent case or report is
24 closed.
25 Notwithstanding any other provision of this Section,
26 identifying information in indicated reports involving the
27 sexual abuse of a child, the death of a child, or serious
28 physical injury to a child as defined by the Department in
29 rules, may be retained longer than 5 years after the report
30 is indicated or after the subsequent case or report is
31 closed, and may not be removed from the register except as
32 provided by the Department in rules.
33 (Source: P.A. 86-904; 87-649.)
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1 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
2 Sec. 7.15. The central register may contain such other
3 information which the Department determines to be in
4 furtherance of the purposes of this Act. Pursuant to the
5 provisions of Sections 7.14 and 7.16, the Department may
6 amend, expunge, or remove from the central register
7 appropriate records upon good cause shown and upon notice to
8 the subjects of the report and the Child Protective Service
9 Unit.
10 (Source: P.A. 81-1077.)
11 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
12 Sec. 7.16. Within 60 days after the notification of the
13 completion of the Child Protective Service Unit
14 investigation, determined by the date of the notification
15 sent by the Department, a subject of a report may request the
16 Department to amend the record, expunge identifying
17 information from, or remove the record of the report from the
18 register. Such request shall be in writing and directed to
19 such person as the Department designates in the notification.
20 The Department shall disregard any request not made in such
21 manner. If the Department refuses to do so or does not act
22 within 30 days, the subject shall have the right to a hearing
23 within the Department to determine whether the record of the
24 report should be amended, expunged, or removed on the grounds
25 that it is inaccurate or it is being maintained in a manner
26 inconsistent with this Act, except that there shall be no
27 such right to a hearing on the ground of the report's
28 inaccuracy if there has been a court finding of child abuse
29 or neglect, the report's accuracy being conclusively presumed
30 on such finding. Such hearing shall be held within a
31 reasonable time after the subject's request and at a
32 reasonable place and hour. The appropriate Child Protective
33 Service Unit shall be given notice of the hearing. In such
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1 hearings, the burden of proving the accuracy and consistency
2 of the record shall be on the Department and the appropriate
3 Child Protective Service Unit. The hearing shall be conducted
4 by the Director or his designee, who is hereby authorized
5 and empowered to order the amendment, expunction, or removal
6 of the record to make it accurate and consistent with this
7 Act. The decision shall be made, in writing, at the close of
8 the hearing, or within 30 days thereof, and shall state the
9 reasons upon which it is based. Decisions of the Department
10 under this Section are administrative decisions subject to
11 judicial review under the Administrative Review Law.
12 Should the Department grant the request of the subject of
13 the report pursuant to this Section either on administrative
14 review or after administrative hearing to amend an indicated
15 report to an unfounded report, the report shall be released
16 and expunged in accordance with the standards set forth in
17 Section 7.14 of this Act.
18 (Source: P.A. 86-904.)
19 (325 ILCS 5/9) (from Ch. 23, par. 2059)
20 Sec. 9. Any person, institution or agency, under this
21 Act, participating in good faith in the making of a report or
22 referral, or in the investigation of such a report or
23 referral or in the taking of photographs and x-rays or in the
24 retaining a child in temporary protective custody or in
25 making a disclosure of information concerning reports of
26 child abuse and neglect in compliance with Sections 4.2 and
27 11.1 of this Act shall have immunity from any liability,
28 civil, criminal or that otherwise might result by reason of
29 such actions. For the purpose of any proceedings, civil or
30 criminal, the good faith of any persons required to report or
31 refer, or permitted to report, cases of suspected child abuse
32 or neglect or permitted to refer individuals under this Act
33 or required to disclose information concerning reports of
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1 child abuse and neglect in compliance with Sections 4.2 and
2 11.1 of this Act, shall be presumed.
3 (Source: P.A. 86-1004.)
4 (325 ILCS 5/11) (from Ch. 23, par. 2061)
5 Sec. 11. All records concerning reports of child abuse
6 and neglect or records concerning referrals under this Act
7 and all records generated as a result of such reports or
8 referrals, shall be confidential and shall not be disclosed
9 except as specifically authorized by this Act or other
10 applicable law. It is a Class A misdemeanor to permit,
11 assist, or encourage the unauthorized release of any
12 information contained in such reports, referrals or records.
13 Nothing contained in this Section prevents the sharing or
14 disclosure of records relating or pertaining to the death of
15 a minor under the care of or receiving services from the
16 Department of Children and Family Services and under the
17 jurisdiction of the juvenile court with the juvenile court,
18 the State's Attorney, and the minor's attorney.
19 (Source: P.A. 86-1004.)
20 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
21 (Text of Section before amendment by P.A. 89-507)
22 Sec. 11.1. Access to records. A person shall have
23 access to the records described in Section 11 only in
24 furtherance of purposes directly connected with the
25 administration of this Act or the Intergovernmental Missing
26 Child Recovery Act of 1984. Those persons and purposes for
27 access include:
28 (1) Department staff in the furtherance of their
29 responsibilities under this Act, or for the purpose of
30 completing background investigations on persons or
31 agencies licensed by the Department or with whom the
32 Department contracts for the provision of child welfare
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1 services.
2 (2) A law enforcement agency investigating known or
3 suspected child abuse or neglect, known or suspected
4 involvement with child pornography, known or suspected
5 criminal sexual assault, known or suspected criminal
6 sexual abuse, or any other sexual offense when a child is
7 alleged to be involved.
8 (3) The Department of State Police when
9 administering the provisions of the Intergovernmental
10 Missing Child Recovery Act of 1984.
11 (4) A physician who has before him a child whom he
12 reasonably suspects may be abused or neglected.
13 (5) A person authorized under Section 5 of this Act
14 to place a child in temporary protective custody when
15 such person requires the information in the report or
16 record to determine whether to place the child in
17 temporary protective custody.
18 (6) A person having the legal responsibility or
19 authorization to care for, treat, or supervise a child or
20 a parent, guardian, or other person responsible for the
21 child's welfare who is the subject of a report.
22 (7) Except in regard to harmful or detrimental
23 information as provided in Section 7.19, any subject of
24 the report, and if the subject of the report is a minor,
25 his guardian or guardian ad litem.
26 (8) A court, upon its finding that access to such
27 records may be necessary for the determination of an
28 issue before such court; however, such access shall be
29 limited to in camera inspection, unless the court
30 determines that public disclosure of the information
31 contained therein is necessary for the resolution of an
32 issue then pending before it.
33 (8.1) A probation officer or other authorized
34 representative of a probation or court services
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1 department conducting an investigation ordered by a court
2 under the Juvenile Court Act of l987.
3 (9) A grand jury, upon its determination that
4 access to such records is necessary in the conduct of its
5 official business.
6 (10) Any person authorized by the Director, in
7 writing, for audit or bona fide research purposes.
8 (11) Law enforcement agencies, coroners or medical
9 examiners, physicians, courts, school superintendents and
10 child welfare agencies in other states who are
11 responsible for child abuse or neglect investigations or
12 background investigations.
13 (12) The Department of Professional Regulation, the
14 State Board of Education and school superintendents in
15 Illinois, who may use or disclose information from the
16 records as they deem necessary to conduct investigations
17 or take disciplinary action, as provided by law.
18 (13) A coroner or medical examiner who has reason
19 to believe that a child has died as the result of abuse
20 or neglect.
21 (14) The Director of a State-operated facility when
22 an employee of that facility is the perpetrator in an
23 indicated report.
24 (15) The operator of a licensed child care facility
25 or a facility licensed by the Department of Alcoholism
26 and Substance Abuse in which children reside when a
27 current or prospective employee of that facility is the
28 perpetrator in an indicated child abuse or neglect
29 report, pursuant to Section 4.3 of the Child Care Act of
30 1969.
31 (16) Members of a multidisciplinary team in the
32 furtherance of its responsibilities under subsection (b)
33 of Section 7.1. All reports concerning child abuse and
34 neglect made available to members of such
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1 multidisciplinary teams and all records generated as a
2 result of such reports shall be confidential and shall
3 not be disclosed, except as specifically authorized by
4 this Act or other applicable law. It is a Class A
5 misdemeanor to permit, assist or encourage the
6 unauthorized release of any information contained in such
7 reports or records. Nothing contained in this Section
8 prevents the sharing of reports or records relating or
9 pertaining to the death of a minor under the care of or
10 receiving services from the Department of Children and
11 Family Services and under the jurisdiction of the
12 juvenile court with the juvenile court, the State's
13 Attorney, and the minor's attorney.
14 (17) The Department of Rehabilitation Services, as
15 provided in Section 17 of the Disabled Persons
16 Rehabilitation Act.
17 (18) Any other agency or investigative body,
18 including the Department of Public Health and a local
19 board of health, authorized by State law to conduct an
20 investigation into the quality of care provided to
21 children in hospitals and other State regulated care
22 facilities. The access to and release of information
23 from such records shall be subject to the approval of the
24 Director of the Department or his designee.
25 (19) The person appointed, under Section 2-17 of
26 the Juvenile Court Act, as the guardian ad litem of a
27 minor who is the subject of a report or records under
28 this Act.
29 (20) Nothing contained in this Act prevents the
30 sharing or disclosure of information or records relating
31 or pertaining to juveniles subject to the provisions of
32 the Serious Habitual Offender Comprehensive Action
33 Program when that information is used to assist in the
34 early identification and treatment of habitual juvenile
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1 offenders.
2 (21) To the extent that persons or agencies are
3 given access to information pursuant to this Section,
4 those persons or agencies may give this information to
5 and receive this information from each other in order to
6 facilitate an investigation conducted by those persons or
7 agencies.
8 (Source: P.A. 87-649; 87-928; 87-1184; 88-45.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 11.1. Access to records. A person shall have
11 access to the records described in Section 11 only in
12 furtherance of purposes directly connected with the
13 administration of this Act or the Intergovernmental Missing
14 Child Recovery Act of 1984. Those persons and purposes for
15 access include:
16 (1) Department staff in the furtherance of their
17 responsibilities under this Act, or for the purpose of
18 completing background investigations on persons or
19 agencies licensed by the Department or with whom the
20 Department contracts for the provision of child welfare
21 services.
22 (2) A law enforcement agency investigating known or
23 suspected child abuse or neglect, known or suspected
24 involvement with child pornography, known or suspected
25 criminal sexual assault, known or suspected criminal
26 sexual abuse, or any other sexual offense when a child is
27 alleged to be involved.
28 (3) The Department of State Police when
29 administering the provisions of the Intergovernmental
30 Missing Child Recovery Act of 1984.
31 (4) A physician who has before him a child whom he
32 reasonably suspects may be abused or neglected.
33 (5) A person authorized under Section 5 of this Act
34 to place a child in temporary protective custody when
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1 such person requires the information in the report or
2 record to determine whether to place the child in
3 temporary protective custody.
4 (6) A person having the legal responsibility or
5 authorization to care for, treat, or supervise a child or
6 a parent, guardian, or other person responsible for the
7 child's welfare who is the subject of a report.
8 (7) Except in regard to harmful or detrimental
9 information as provided in Section 7.19, any subject of
10 the report, and if the subject of the report is a minor,
11 his guardian or guardian ad litem.
12 (8) A court, upon its finding that access to such
13 records may be necessary for the determination of an
14 issue before such court; however, such access shall be
15 limited to in camera inspection, unless the court
16 determines that public disclosure of the information
17 contained therein is necessary for the resolution of an
18 issue then pending before it.
19 (8.1) A probation officer or other authorized
20 representative of a probation or court services
21 department conducting an investigation ordered by a court
22 under the Juvenile Court Act of l987.
23 (9) A grand jury, upon its determination that
24 access to such records is necessary in the conduct of its
25 official business.
26 (10) Any person authorized by the Director, in
27 writing, for audit or bona fide research purposes.
28 (11) Law enforcement agencies, coroners or medical
29 examiners, physicians, courts, school superintendents and
30 child welfare agencies in other states who are
31 responsible for child abuse or neglect investigations or
32 background investigations.
33 (12) The Department of Professional Regulation, the
34 State Board of Education and school superintendents in
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1 Illinois, who may use or disclose information from the
2 records as they deem necessary to conduct investigations
3 or take disciplinary action, as provided by law.
4 (13) A coroner or medical examiner who has reason
5 to believe that a child has died as the result of abuse
6 or neglect.
7 (14) The Director of a State-operated facility when
8 an employee of that facility is the perpetrator in an
9 indicated report.
10 (15) The operator of a licensed child care facility
11 or a facility licensed by the Department of Human
12 Services (as successor to the Department of Alcoholism
13 and Substance Abuse) in which children reside when a
14 current or prospective employee of that facility is the
15 perpetrator in an indicated child abuse or neglect
16 report, pursuant to Section 4.3 of the Child Care Act of
17 1969.
18 (16) Members of a multidisciplinary team in the
19 furtherance of its responsibilities under subsection (b)
20 of Section 7.1. All reports concerning child abuse and
21 neglect made available to members of such
22 multidisciplinary teams and all records generated as a
23 result of such reports shall be confidential and shall
24 not be disclosed, except as specifically authorized by
25 this Act or other applicable law. It is a Class A
26 misdemeanor to permit, assist or encourage the
27 unauthorized release of any information contained in such
28 reports or records. Nothing contained in this Section
29 prevents the sharing of reports or records relating or
30 pertaining to the death of a minor under the care of or
31 receiving services from the Department of Children and
32 Family Services and under the jurisdiction of the
33 juvenile court with the juvenile court, the State's
34 Attorney, and the minor's attorney.
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1 (17) The Department of Human Services, as provided
2 in Section 17 of the Disabled Persons Rehabilitation Act.
3 (18) Any other agency or investigative body,
4 including the Department of Public Health and a local
5 board of health, authorized by State law to conduct an
6 investigation into the quality of care provided to
7 children in hospitals and other State regulated care
8 facilities. The access to and release of information
9 from such records shall be subject to the approval of the
10 Director of the Department or his designee.
11 (19) The person appointed, under Section 2-17 of
12 the Juvenile Court Act, as the guardian ad litem of a
13 minor who is the subject of a report or records under
14 this Act.
15 (20) Nothing contained in this Act prevents the
16 sharing or disclosure of information or records relating
17 or pertaining to juveniles subject to the provisions of
18 the Serious Habitual Offender Comprehensive Action
19 Program when that information is used to assist in the
20 early identification and treatment of habitual juvenile
21 offenders.
22 (21) To the extent that persons or agencies are
23 given access to information pursuant to this Section,
24 those persons or agencies may give this information to
25 and receive this information from each other in order to
26 facilitate an investigation conducted by those persons or
27 agencies.
28 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
29 Section 15. The Juvenile Court Act of 1987 is amended by
30 changing Section 2-25 as follows:
31 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
32 Sec. 2-25. Order of protection.
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1 (1) The court may make an order of protection in
2 assistance of or as a condition of any other order authorized
3 by this Act. The order of protection shall be based on the
4 best interests of the minor and may set forth reasonable
5 conditions of behavior to be observed for a specified period.
6 Such an order may require a person:
7 (a) To stay away from the home or the minor;
8 (b) To permit a parent to visit the minor at stated
9 periods;
10 (c) To abstain from offensive conduct against the
11 minor, his parent or any person to whom custody of the
12 minor is awarded;
13 (d) To give proper attention to the care of the
14 home;
15 (e) To cooperate in good faith with an agency to
16 which custody of a minor is entrusted by the court or
17 with an agency or association to which the minor is
18 referred by the court;
19 (f) To prohibit and prevent any contact whatsoever
20 with the respondent minor by a specified individual or
21 individuals who are alleged in either a criminal or
22 juvenile proceeding to have caused injury to a respondent
23 minor or a sibling of a respondent minor;
24 (g) To refrain from acts of commission or omission
25 that tend to make the home not a proper place for the
26 minor.
27 (h) To refrain contacting the minor and the foster
28 parents in any manner that is not specified in writing in
29 the case plan.
30 (2) The court shall enter an order of protection to
31 prohibit and prevent any contact between a respondent minor
32 or a sibling of a respondent minor and any person named in a
33 petition seeking an order of protection who has been
34 convicted of heinous battery under Section 12-4.1, aggravated
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1 battery of a child under Section 12-4.3, criminal sexual
2 assault under Section 12-13, aggravated criminal sexual
3 assault under Section 12-14, predatory criminal sexual
4 assault of a child under Section 12-14.1, criminal sexual
5 abuse under Section 12-15, or aggravated criminal sexual
6 abuse under Section 12-16 of the Criminal Code of 1961, or
7 has been convicted of an offense that resulted in the death
8 of a child, or has violated a previous order of protection
9 under this Section.
10 (3) When the court issues an order of protection against
11 any person as provided by this Section, the court shall
12 direct a copy of such order to the Sheriff of that county.
13 The Sheriff shall furnish a copy of the order of protection
14 to the Department of State Police with 24 hours of receipt,
15 in the form and manner required by the Department. The
16 Department of State Police shall maintain a complete record
17 and index of such orders of protection and make this data
18 available to all local law enforcement agencies.
19 (4) After notice and opportunity for hearing afforded to
20 a person subject to an order of protection, the order may be
21 modified or extended for a further specified period or both
22 or may be terminated if the court finds that the best
23 interests of the minor and the public will be served thereby.
24 (5) An order of protection may be sought at any time
25 during the course of any proceeding conducted pursuant to
26 this Act if such an order is in the best interests of the
27 minor. Any person against whom an order of protection is
28 sought may retain counsel to represent him at a hearing, and
29 has rights to be present at the hearing, to be informed prior
30 to the hearing in writing of the contents of the petition
31 seeking a protective order and of the date, place and time of
32 such hearing, and to cross examine witnesses called by the
33 petitioner and to present witnesses and argument in
34 opposition to the relief sought in the petition.
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1 (6) Diligent efforts shall be made by the petitioner to
2 serve any person or persons against whom any order of
3 protection is sought with written notice of the contents of
4 the petition seeking a protective order and of the date,
5 place and time at which the hearing on the petition is to be
6 held. When a protective order is being sought in conjunction
7 with a temporary custody hearing, if the court finds that the
8 person against whom the protective order is being sought has
9 been notified of the hearing or that diligent efforts have
10 been made to notify such person, the court may conduct a
11 hearing. If a protective order is sought at any time other
12 than in conjunction with a temporary custody hearing, the
13 court may not conduct a hearing on the petition in the
14 absence of the person against whom the order is sought unless
15 the petitioner has notified such person by personal service
16 at least 3 days before the hearing or has sent written
17 notice by first class mail to such person's last known
18 address at least 5 days before the hearing.
19 (7) A person against whom an order of protection is
20 being sought who is neither a parent, guardian, legal
21 custodian or responsible relative as described in Section 1-5
22 is not a party or respondent as defined in that Section and
23 shall not be entitled to the rights provided therein. Such
24 person does not have a right to appointed counsel or to be
25 present at any hearing other than the hearing in which the
26 order of protection is being sought or a hearing directly
27 pertaining to that order. Unless the court orders otherwise,
28 such person does not have a right to inspect the court file.
29 (8) All protective orders entered under this Section
30 shall be in writing. Unless the person against whom the
31 order was obtained was present in court when the order was
32 issued, the sheriff, other law enforcement official or
33 special process server shall promptly serve that order upon
34 that person and file proof of such service, in the manner
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1 provided for service of process in civil proceedings. The
2 person against whom the protective order was obtained may
3 seek a modification of the order by filing a written motion
4 to modify the order within 7 days after actual receipt by the
5 person of a copy of the order. Any modification of the order
6 granted by the court must be determined to be consistent with
7 the best interests of the minor.
8 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
9 5-29-96.)
10 Section 20. The Adoption Act is amended by changing
11 Sections 1, 8, and 12.1 as follows:
12 (750 ILCS 50/1) (from Ch. 40, par. 1501)
13 (Text of Section before amendment by P.A. 89-704)
14 Sec. 1. Definitions. When used in this Act, unless the
15 context otherwise requires:
16 A. "Child" means a person under legal age subject to
17 adoption under this Act.
18 B. "Related child" means a child subject to adoption
19 where either or both of the adopting parents stands in any of
20 the following relationships to the child by blood or
21 marriage: parent, grand-parent, brother, sister, step-parent,
22 step-grandparent, step-brother, step-sister, uncle, aunt,
23 great-uncle, great-aunt, or cousin of first degree. A child
24 whose parent has executed a final irrevocable consent to
25 adoption or a final irrevocable surrender for purposes of
26 adoption, or whose parent has had his or her parental rights
27 terminated, is not a related child to that person.
28 C. "Agency" for the purpose of this Act means a public
29 child welfare agency or a licensed child welfare agency.
30 D. "Unfit person" means any person whom the court shall
31 find to be unfit to have a child, without regard to the
32 likelihood that the child will be placed for adoption. The
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1 grounds of unfitness are any one or more of the following:
2 (a) Abandonment of the child.
3 (b) Failure to maintain a reasonable degree of
4 interest, concern or responsibility as to the child's
5 welfare.
6 (c) Desertion of the child for more than 3 months
7 next preceding the commencement of the Adoption
8 proceeding.
9 (d) Substantial neglect of the child if continuous
10 or repeated.
11 (e) Extreme or repeated cruelty to the child.
12 (f) Two or more findings of physical abuse to any
13 children under Section 4-8 of the Juvenile Court Act or
14 Section 2-21 of the Juvenile Court Act of 1987, the most
15 recent of which was determined by the juvenile court
16 hearing the matter to be supported by clear and
17 convincing evidence; a criminal conviction resulting from
18 the death of any child by physical child abuse; or a
19 finding of physical child abuse resulting from the death
20 of any child under Section 4-8 of the Juvenile Court Act
21 or Section 2-21 of the Juvenile Court Act of 1987.
22 (g) Failure to protect the child from conditions
23 within his environment injurious to the child's welfare.
24 (h) Other neglect of, or misconduct toward the
25 child; provided that in making a finding of unfitness the
26 court hearing the adoption proceeding shall not be bound
27 by any previous finding, order or judgment affecting or
28 determining the rights of the parents toward the child
29 sought to be adopted in any other proceeding except such
30 proceedings terminating parental rights as shall be had
31 under either this Act, the Juvenile Court Act or the
32 Juvenile Court Act of 1987.
33 (i) Depravity.
34 (j) Open and notorious adultery or fornication.
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1 (j-1) Conviction of first degree murder in
2 violation of paragraph 1 or 2 of subsection (a) of
3 Section 9-1 of the Criminal Code of 1961 or conviction of
4 second degree murder in violation of subsection (a) of
5 Section 9-2 of the Criminal Code of 1961 of a parent of
6 the child to be adopted shall create a presumption of
7 unfitness that may be overcome only by clear and
8 convincing evidence.
9 (k) Habitual drunkenness or addiction to drugs,
10 other than those prescribed by a physician, for at least
11 one year immediately prior to the commencement of the
12 unfitness proceeding.
13 (l) Failure to demonstrate a reasonable degree of
14 interest, concern or responsibility as to the welfare of
15 a new born child during the first 30 days after its
16 birth.
17 (m) Failure by a parent to make reasonable efforts
18 to correct the conditions that were the basis for the
19 removal of the child from the parent, or to make
20 reasonable progress toward the return of the child to the
21 parent within 12 months after an adjudication of
22 neglected minor, abused minor or dependent minor under
23 the Juvenile Court Act or the Juvenile Court Act of 1987.
24 (n) Evidence of intent to forego his or her
25 parental rights, whether or not the child is a ward of
26 the court, (1) as manifested by his or her failure for a
27 period of 12 months: (i) to visit the child, (ii) to
28 communicate with the child or agency, although able to do
29 so and not prevented from doing so by an agency or by
30 court order, or (iii) to maintain contact with or plan
31 for the future of the child, although physically able to
32 do so, or (2) as manifested by the father's failure,
33 where he and the mother of the child were unmarried to
34 each other at the time of the child's birth, (i) to
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1 commence legal proceedings to establish his paternity
2 under the Illinois Parentage Act of 1984 or the law of
3 the jurisdiction of the child's birth within 30 days of
4 being informed, pursuant to Section 12a of this Act, that
5 he is the father or the likely father of the child or,
6 after being so informed where the child is not yet born,
7 within 30 days of the child's birth, or (ii) to make a
8 good faith effort to pay a reasonable amount of the
9 expenses related to the birth of the child and to provide
10 a reasonable amount for the financial support of the
11 child, the court to consider in its determination all
12 relevant circumstances, including the financial condition
13 of both parents; provided that the ground for termination
14 provided in this subparagraph (n)(2)(ii) shall only be
15 available where the petition is brought by the mother or
16 the husband of the mother.
17 Contact or communication by a parent with his or her
18 child that does not demonstrate affection and concern
19 does not constitute reasonable contact and planning under
20 subdivision (n). In the absence of evidence to the
21 contrary, the ability to visit, communicate, maintain
22 contact, pay expenses and plan for the future shall be
23 presumed. The subjective intent of the parent, whether
24 expressed or otherwise, unsupported by evidence of the
25 foregoing parental acts manifesting that intent, shall
26 not preclude a determination that the parent has intended
27 to forego his or her parental rights. In making this
28 determination, the court may consider but shall not
29 require a showing of diligent efforts by an authorized
30 agency to encourage the parent to perform the acts
31 specified in subdivision (n).
32 It shall be an affirmative defense to any allegation
33 under paragraph (2) of this subsection that the father's
34 failure was due to circumstances beyond his control or to
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1 impediments created by the mother or any other person
2 having legal custody. Proof of that fact need only be by
3 a preponderance of the evidence.
4 (o) repeated or continuous failure by the parents,
5 although physically and financially able, to provide the
6 child with adequate food, clothing, or shelter.
7 (p) inability to discharge parental
8 responsibilities supported by competent evidence from a
9 psychiatrist, licensed clinical social worker, or
10 clinical psychologist of mental impairment, mental
11 illness or mental retardation as defined in Section 1-116
12 of the Mental Health and Developmental Disabilities Code,
13 or developmental disability as defined in Section 1-106
14 of that Code, and there is sufficient justification to
15 believe that the inability to discharge parental
16 responsibilities shall extend beyond a reasonable time
17 period. However, this subdivision (p) shall not be
18 construed so as to permit a licensed clinical social
19 worker to conduct any medical diagnosis to determine
20 mental illness or mental impairment.
21 (q) a finding of physical abuse of the child under
22 Section 4-8 of the Juvenile Court Act or Section 2-21 of
23 the Juvenile Court Act of 1987 and a criminal conviction
24 of aggravated battery of the child.
25 E. "Parent" means the father or mother of a legitimate
26 or illegitimate child. For the purpose of this Act, a person
27 who has executed a final and irrevocable consent to adoption
28 or a final and irrevocable surrender for purposes of
29 adoption, or whose parental rights have been terminated by a
30 court, is not a parent of the child who was the subject of
31 the consent or surrender.
32 F. A person is available for adoption when the person
33 is:
34 (a) a child who has been surrendered for adoption
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1 to an agency and to whose adoption the agency has
2 thereafter consented;
3 (b) a child to whose adoption a person authorized
4 by law, other than his parents, has consented, or to
5 whose adoption no consent is required pursuant to Section
6 8 of this Act;
7 (c) a child who is in the custody of persons who
8 intend to adopt him through placement made by his
9 parents; or
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act.
12 A person who would otherwise be available for adoption
13 shall not be deemed unavailable for adoption solely by reason
14 of his or her death.
15 G. The singular includes the plural and the plural
16 includes the singular and the "male" includes the "female",
17 as the context of this Act may require.
18 H. "Adoption disruption" occurs when an adoptive
19 placement does not prove successful and it becomes necessary
20 for the child to be removed from placement before the
21 adoption is finalized.
22 I. "Foreign placing agency" is an agency or individual
23 operating in a country or territory outside the United States
24 that is authorized by its country to place children for
25 adoption either directly with families in the United States
26 or through United States based international agencies.
27 J. "Immediate relatives" means the biological parents,
28 the parents of the biological parents and siblings of the
29 biological parents;
30 K. "Intercountry adoption" is a process by which a child
31 from a country other than the United States is adopted.
32 L. "Intercountry Adoption Coordinator" is a staff person
33 of the Department of Children and Family Services appointed
34 by the Director to coordinate the provision of services by
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1 the public and private sector to prospective parents of
2 foreign-born children.
3 M. "Interstate Compact on the Placement of Children" is
4 a law enacted by most states for the purpose of establishing
5 uniform procedures for handling the interstate placement of
6 children in foster homes, adoptive homes, or other child care
7 facilities.
8 N. "Non-Compact state" means a state that has not
9 enacted the Interstate Compact on the Placement of Children.
10 O. "Preadoption requirements" are any conditions
11 established by the laws or regulations of the Federal
12 Government or of each state that must be met prior to the
13 placement of a child in an adoptive home.
14 P. "Abused child" means a child whose parent or
15 immediate family member, or any person responsible for the
16 child's welfare, or any individual residing in the same home
17 as the child, or a paramour of the child's parent:
18 (a) inflicts, causes to be inflicted, or allows to
19 be inflicted upon the child physical injury, by other
20 than 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
24 to the child by other than accidental means which would
25 be likely to cause death, disfigurement, impairment of
26 physical or emotional health, or loss or impairment of
27 any bodily function;
28 (c) commits or allows to be committed any sex
29 offense against the child, as sex offenses are defined in
30 the Criminal Code of 1961 and extending those definitions
31 of sex offenses to include children under 18 years of
32 age;
33 (d) commits or allows to be committed an act or
34 acts of torture upon the child; or
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1 (e) inflicts excessive corporal punishment.
2 Q. "Neglected child" means any child whose parent or
3 other person responsible for the child's welfare withholds
4 or denies nourishment or medically indicated treatment
5 including food or care denied solely on the basis of the
6 present or anticipated mental or physical impairment as
7 determined by a physician acting alone or in consultation
8 with other physicians or otherwise does not provide the
9 proper or necessary support, education as required by law, or
10 medical or other remedial care recognized under State law as
11 necessary for a child's well-being, or other care necessary
12 for his or her well-being, including adequate food, clothing
13 and shelter; or who is abandoned by his or her parents or
14 other person responsible for the child's welfare.
15 A child shall not be considered neglected or abused for
16 the sole reason that the child's parent or other person
17 responsible for his or her welfare depends upon spiritual
18 means through prayer alone for the treatment or cure of
19 disease or remedial care as provided under Section 4 of the
20 Abused and Neglected Child Reporting Act.
21 R. "Putative father" means a man who may be a child's
22 father, but who (1) is not married to the child's mother on
23 or before the date that the child was or is to be born and
24 (2) has not established paternity of the child in a court
25 proceeding before the filing of a petition for the adoption
26 of the child. The term includes a male who is less than 18
27 years of age. "Putative father" does not mean a man who is
28 the child's father as a result of criminal sexual abuse or
29 assault as defined under Article 12 of the Criminal Code of
30 1961.
31 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
32 1-24-95; 89-235, eff. 8-4-95.)
33 (Text of Section after amendment by P.A. 89-704)
34 Sec. 1. Definitions. When used in this Act, unless the
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1 context otherwise requires:
2 A. "Child" means a person under legal age subject to
3 adoption under this Act.
4 B. "Related child" means a child subject to adoption
5 where either or both of the adopting parents stands in any of
6 the following relationships to the child by blood or
7 marriage: parent, grand-parent, brother, sister, step-parent,
8 step-grandparent, step-brother, step-sister, uncle, aunt,
9 great-uncle, great-aunt, or cousin of first degree. A child
10 whose parent has executed a final irrevocable consent to
11 adoption or a final irrevocable surrender for purposes of
12 adoption, or whose parent has had his or her parental rights
13 terminated, is not a related child to that person, unless the
14 consent is void pursuant to 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 (a) Abandonment of the child.
22 (b) Failure to maintain a reasonable degree of
23 interest, concern or responsibility as to the child's
24 welfare.
25 (c) Desertion of the child for more than 3 months
26 next preceding the commencement of the Adoption
27 proceeding.
28 (d) Substantial neglect of the child if continuous
29 or repeated.
30 (d-1) Substantial neglect, if continuous or
31 repeated, of any child residing in the household which
32 resulted in the death of that child.
33 (e) Extreme or repeated cruelty to the child.
34 (f) Two or more findings of physical abuse to any
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1 children under Section 4-8 of the Juvenile Court Act or
2 Section 2-21 of the Juvenile Court Act of 1987, the most
3 recent of which was determined by the juvenile court
4 hearing the matter to be supported by clear and
5 convincing evidence; a criminal conviction or a finding
6 of not guilty by reason of insanity resulting from the
7 death of any child by physical child abuse; or a finding
8 of physical child abuse resulting from the death of any
9 child under Section 4-8 of the Juvenile Court Act or
10 Section 2-21 of the Juvenile Court Act of 1987.
11 (g) Failure to protect the child from conditions
12 within his environment injurious to the child's welfare.
13 (h) Other neglect of, or misconduct toward the
14 child; provided that in making a finding of unfitness the
15 court hearing the adoption proceeding shall not be bound
16 by any previous finding, order or judgment affecting or
17 determining the rights of the parents toward the child
18 sought to be adopted in any other proceeding except such
19 proceedings terminating parental rights as shall be had
20 under either this Act, the Juvenile Court Act or the
21 Juvenile Court Act of 1987.
22 (i) Depravity.
23 (j) Open and notorious adultery or fornication.
24 (j-1) Conviction of first degree murder in
25 violation of paragraph 1 or 2 of subsection (a) of
26 Section 9-1 of the Criminal Code of 1961 or conviction of
27 second degree murder in violation of subsection (a) of
28 Section 9-2 of the Criminal Code of 1961 of a parent of
29 the child to be adopted shall create a presumption of
30 unfitness that may be overcome only by clear and
31 convincing evidence.
32 (k) Habitual drunkenness or addiction to drugs,
33 other than those prescribed by a physician, for at least
34 one year immediately prior to the commencement of the
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1 unfitness proceeding.
2 (l) Failure to demonstrate a reasonable degree of
3 interest, concern or responsibility as to the welfare of
4 a new born child during the first 30 days after its
5 birth.
6 (m) Failure by a parent to make reasonable efforts
7 to correct the conditions that were the basis for the
8 removal of the child from the parent, or to make
9 reasonable progress toward the return of the child to the
10 parent within 12 months after an adjudication of
11 neglected minor, abused minor or dependent minor under
12 the Juvenile Court Act or the Juvenile Court Act of 1987.
13 (n) Evidence of intent to forego his or her
14 parental rights, whether or not the child is a ward of
15 the court, (1) as manifested by his or her failure for a
16 period of 12 months: (i) to visit the child, (ii) to
17 communicate with the child or agency, although able to do
18 so and not prevented from doing so by an agency or by
19 court order, or (iii) to maintain contact with or plan
20 for the future of the child, although physically able to
21 do so, or (2) as manifested by the father's failure,
22 where he and the mother of the child were unmarried to
23 each other at the time of the child's birth, (i) to
24 commence legal proceedings to establish his paternity
25 under the Illinois Parentage Act of 1984 or the law of
26 the jurisdiction of the child's birth within 30 days of
27 being informed, pursuant to Section 12a of this Act, that
28 he is the father or the likely father of the child or,
29 after being so informed where the child is not yet born,
30 within 30 days of the child's birth, or (ii) to make a
31 good faith effort to pay a reasonable amount of the
32 expenses related to the birth of the child and to provide
33 a reasonable amount for the financial support of the
34 child, the court to consider in its determination all
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1 relevant circumstances, including the financial condition
2 of both parents; provided that the ground for termination
3 provided in this subparagraph (n)(2)(ii) shall only be
4 available where the petition is brought by the mother or
5 the husband of the mother.
6 Contact or communication by a parent with his or her
7 child that does not demonstrate affection and concern
8 does not constitute reasonable contact and planning under
9 subdivision (n). In the absence of evidence to the
10 contrary, the ability to visit, communicate, maintain
11 contact, pay expenses and plan for the future shall be
12 presumed. The subjective intent of the parent, whether
13 expressed or otherwise, unsupported by evidence of the
14 foregoing parental acts manifesting that intent, shall
15 not preclude a determination that the parent has intended
16 to forego his or her parental rights. In making this
17 determination, the court may consider but shall not
18 require a showing of diligent efforts by an authorized
19 agency to encourage the parent to perform the acts
20 specified in subdivision (n).
21 It shall be an affirmative defense to any allegation
22 under paragraph (2) of this subsection that the father's
23 failure was due to circumstances beyond his control or to
24 impediments created by the mother or any other person
25 having legal custody. Proof of that fact need only be by
26 a preponderance of the evidence.
27 (o) repeated or continuous failure by the parents,
28 although physically and financially able, to provide the
29 child with adequate food, clothing, or shelter.
30 (p) inability to discharge parental
31 responsibilities supported by competent evidence from a
32 psychiatrist, licensed clinical social worker, or
33 clinical psychologist of mental impairment, mental
34 illness or mental retardation as defined in Section 1-116
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1 of the Mental Health and Developmental Disabilities Code,
2 or developmental disability as defined in Section 1-106
3 of that Code, and there is sufficient justification to
4 believe that the inability to discharge parental
5 responsibilities shall extend beyond a reasonable time
6 period. However, this subdivision (p) shall not be
7 construed so as to permit a licensed clinical social
8 worker to conduct any medical diagnosis to determine
9 mental illness or mental impairment.
10 (q) a finding of physical abuse of the child under
11 Section 4-8 of the Juvenile Court Act or Section 2-21 of
12 the Juvenile Court Act of 1987 and a criminal conviction
13 of aggravated battery of the child.
14 E. "Parent" means the father or mother of a legitimate
15 or illegitimate child. For the purpose of this Act, a person
16 who has executed a final and irrevocable consent to adoption
17 or a final and irrevocable surrender for purposes of
18 adoption, or whose parental rights have been terminated by a
19 court, is not a parent of the child who was the subject of
20 the consent or surrender, unless the consent is void pursuant
21 to subsection O of Section 10.
22 F. A person is available for adoption when the person
23 is:
24 (a) a child who has been surrendered for adoption
25 to an agency and to whose adoption the agency has
26 thereafter consented;
27 (b) a child to whose adoption a person authorized
28 by law, other than his parents, has consented, or to
29 whose adoption no consent is required pursuant to Section
30 8 of this Act;
31 (c) a child who is in the custody of persons who
32 intend to adopt him through placement made by his
33 parents;
34 (c-1) a child for whom a parent has signed a
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1 specific consent pursuant to subsection O of Section 10;
2 or
3 (d) an adult who meets the conditions set forth in
4 Section 3 of this Act.
5 A person who would otherwise be available for adoption
6 shall not be deemed unavailable for adoption solely by reason
7 of his or her death.
8 G. The singular includes the plural and the plural
9 includes the singular and the "male" includes the "female",
10 as the context of this Act may require.
11 H. "Adoption disruption" occurs when an adoptive
12 placement does not prove successful and it becomes necessary
13 for the child to be removed from placement before the
14 adoption is finalized.
15 I. "Foreign placing agency" is an agency or individual
16 operating in a country or territory outside the United States
17 that is authorized by its country to place children for
18 adoption either directly with families in the United States
19 or through United States based international agencies.
20 J. "Immediate relatives" means the biological parents,
21 the parents of the biological parents and siblings of the
22 biological parents;
23 K. "Intercountry adoption" is a process by which a child
24 from a country other than the United States is adopted.
25 L. "Intercountry Adoption Coordinator" is a staff person
26 of the Department of Children and Family Services appointed
27 by the Director to coordinate the provision of services by
28 the public and private sector to prospective parents of
29 foreign-born children.
30 M. "Interstate Compact on the Placement of Children" is
31 a law enacted by most states for the purpose of establishing
32 uniform procedures for handling the interstate placement of
33 children in foster homes, adoptive homes, or other child care
34 facilities.
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1 N. "Non-Compact state" means a state that has not
2 enacted 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
8 immediate family member, or any person responsible for the
9 child's welfare, or any individual residing in the same home
10 as the child, or a paramour of the child's parent:
11 (a) inflicts, causes to be inflicted, or allows to
12 be inflicted upon the child physical injury, by other
13 than 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
17 to the child by other than accidental means which would
18 be likely to cause death, disfigurement, impairment of
19 physical or emotional health, or loss or impairment of
20 any bodily function;
21 (c) commits or allows to be committed any sex
22 offense against the child, as sex offenses are defined in
23 the Criminal Code of 1961 and extending those definitions
24 of sex offenses to include children under 18 years of
25 age;
26 (d) commits or allows to be committed an act or
27 acts of torture upon the child; or
28 (e) inflicts excessive corporal punishment.
29 Q. "Neglected child" means any child whose parent or
30 other person responsible for the child's welfare withholds
31 or denies nourishment or medically indicated treatment
32 including food or care denied solely on the basis of the
33 present or anticipated mental or physical impairment as
34 determined by a physician acting alone or in consultation
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1 with other physicians or otherwise does not provide the
2 proper or necessary support, education as required by law, or
3 medical or other remedial care recognized under State law as
4 necessary for a child's well-being, or other care necessary
5 for his or her well-being, including adequate food, clothing
6 and shelter; or who is abandoned by his or her parents or
7 other person responsible for the child's welfare.
8 A child shall not be considered neglected or abused for
9 the sole reason that the child's parent or other person
10 responsible for his or her welfare depends upon spiritual
11 means through prayer alone for the treatment or cure of
12 disease or remedial care as provided under Section 4 of the
13 Abused and Neglected Child Reporting Act.
14 R. "Putative father" means a man who may be a child's
15 father, but who (1) is not married to the child's mother on
16 or before the date that the child was or is to be born and
17 (2) has not established paternity of the child in a court
18 proceeding before the filing of a petition for the adoption
19 of the child. The term includes a male who is less than 18
20 years of age. "Putative father" does not mean a man who is
21 the child's father as a result of criminal sexual abuse or
22 assault as defined under Article 12 of the Criminal Code of
23 1961.
24 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
25 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
26 (750 ILCS 50/8) (from Ch. 40, par. 1510)
27 Sec. 8. Consents to adoption and surrenders for purposes
28 of adoption.
29 (a) Except as hereinafter provided in this Section
30 consents or surrenders shall be required in all cases, unless
31 the person whose consent or surrender would otherwise be
32 required shall be found by the court:
33 (1) to be an unfit person as defined in Section 1
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1 of this Act, by clear and convincing evidence; or
2 (2) not to be the biological or adoptive father of
3 the child; or
4 (3) to have waived his parental rights to the child
5 under Section 12a or 12.1 of this Act; or
6 (4) to be the parent of an adult sought to be
7 adopted; or
8 (5) to be the father of the child as a result of
9 criminal sexual abuse or assault as defined under Article
10 12 of the Criminal Code of 1961.
11 (b) Where consents are required in the case of an
12 adoption of a minor child, the consents of the following
13 persons shall be sufficient:
14 (1) (A) The mother of the minor child; and
15 (B) The father of the minor child, if the father:
16 (i) was married to the mother on the date of
17 birth of the child or within 300 days before the
18 birth of the child, except for a husband or former
19 husband who has been found by a court of competent
20 jurisdiction not to be the biological father of the
21 child; or
22 (ii) is the father of the child under a
23 judgment for adoption, an order of parentage, or an
24 acknowledgment of parentage or paternity pursuant to
25 subsection (a) of Section 5 of the Illinois
26 Parentage Act of 1984; or
27 (iii) in the case of a child placed with the
28 adopting parents less than 6 months after birth,
29 openly lived with the child, the child's biological
30 mother, or both, and held himself out to be the
31 child's biological father during the first 30 days
32 following the birth of the child; or
33 (iv) in the case of a child placed with the
34 adopting parents less than 6 months after birth,
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1 made a good faith effort to pay a reasonable amount
2 of the expenses related to the birth of the child
3 and to provide a reasonable amount for the financial
4 support of the child before the expiration of 30
5 days following the birth of the child, provided that
6 the court may consider in its determination all
7 relevant circumstances, including the financial
8 condition of both biological parents; or
9 (v) in the case of a child placed with the
10 adopting parents more than 6 months after birth, has
11 maintained substantial and continuous or repeated
12 contact with the child as manifested by: (I) the
13 payment by the father toward the support of the
14 child of a fair and reasonable sum, according to the
15 father's means, and either (II) the father's
16 visiting the child at least monthly when physically
17 and financially able to do so and not prevented from
18 doing so by the person or authorized agency having
19 lawful custody of the child, or (III) the father's
20 regular communication with the child or with the
21 person or agency having the care or custody of the
22 child, when physically and financially unable to
23 visit the child or prevented from doing so by the
24 person or authorized agency having lawful custody of
25 the child. The subjective intent of the father,
26 whether expressed or otherwise unsupported by
27 evidence of acts specified in this sub-paragraph as
28 manifesting such intent, shall not preclude a
29 determination that the father failed to maintain
30 substantial and continuous or repeated contact with
31 the child; or
32 (vi) in the case of a child placed with the
33 adopting parents more than six months after birth,
34 openly lived with the child for a period of six
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1 months within the one year period immediately
2 preceding the placement of the child for adoption
3 and openly held himself out to be the father of the
4 child; or
5 (vii) has timely registered with Putative
6 Father Registry, as provided in Section 12.1 of this
7 Act, and prior to the expiration of 30 days from the
8 date of such registration, commenced legal
9 proceedings to establish paternity under the
10 Illinois Parentage Act of 1984 or under the law of
11 the jurisdiction of the child's birth; or
12 (2) The legal guardian of the person of the child,
13 if there is no surviving parent; or
14 (3) An agency, if the child has been surrendered
15 for adoption to such agency; or
16 (4) Any person or agency having legal custody of a
17 child by court order if the parental rights of the
18 parents have been judicially terminated, and the court
19 having jurisdiction of the guardianship of the child has
20 authorized the consent to the adoption; or
21 (5) The execution and verification of the petition
22 by any petitioner who is also a parent of the child
23 sought to be adopted shall be sufficient evidence of such
24 parent's consent to the adoption.
25 (c) Where surrenders to an agency are required in the
26 case of a placement for adoption of a minor child by an
27 agency, the surrenders of the following persons shall be
28 sufficient:
29 (1) (A) The mother of the minor child; and
30 (B) The father of the minor child, if the father;
31 (i) was married to the mother on the date of
32 birth of the child or within 300 days before the
33 birth of the child, except for a husband or former
34 husband who has been found by a court of competent
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1 jurisdiction not to be the biological father of the
2 child; or
3 (ii) is the father of the child under a
4 judgment for adoption, an order of parentage, or an
5 acknowledgment of parentage or paternity pursuant to
6 subsection (a) of Section 5 of the Illinois
7 Parentage Act of 1984; or
8 (iii) in the case of a child placed with the
9 adopting parents less than 6 months after birth,
10 openly lived with the child, the child's biological
11 mother, or both, and held himself out to be the
12 child's biological father during the first 30 days
13 following the birth of a child; or
14 (iv) in the case of a child placed with the
15 adopting parents less than 6 months after birth,
16 made a good faith effort to pay a reasonable amount
17 of the expenses related to the birth of the child
18 and to provide a reasonable amount for the financial
19 support of the child before the expiration of 30
20 days following the birth of the child, provided that
21 the court may consider in its determination all
22 relevant circumstances, including the financial
23 condition of both biological parents; or
24 (v) in the case of a child placed with the
25 adopting parents more than six months after birth,
26 has maintained substantial and continuous or
27 repeated contact with the child as manifested by:
28 (I) the payment by the father toward the support of
29 the child of a fair and reasonable sum, according to
30 the father's means, and either (II) the father's
31 visiting the child at least monthly when physically
32 and financially able to do so and not prevented from
33 doing so by the person or authorized agency having
34 lawful custody of the child or (III) the father's
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1 regular communication with the child or with the
2 person or agency having the care or custody of the
3 child, when physically and financially unable to
4 visit the child or prevented from doing so by the
5 person or authorized agency having lawful custody of
6 the child. The subjective intent of the father,
7 whether expressed or otherwise, unsupported by
8 evidence of acts specified in this sub-paragraph as
9 manifesting such intent, shall not preclude a
10 determination that the father failed to maintain
11 substantial and continuous or repeated contact with
12 the child; or
13 (vi) in the case of a child placed with the
14 adopting parents more than six months after birth,
15 openly lived with the child for a period of six
16 months within the one year period immediately
17 preceding the placement of the child for adoption
18 and openly held himself out to be the father of the
19 child; or
20 (vii) has timely registered with the Putative
21 Father Registry, as provided in Section 12.1 of this
22 Act, and prior to the expiration of 30 days from the
23 date of such registration, commenced legal
24 proceedings to establish paternity under the
25 Illinois Parentage Act of 1984, or under the law of
26 the jurisdiction of the child's birth.
27 (d) In making a determination under subparagraphs (b)
28 (1) and (c) (1), no showing shall be required of diligent
29 efforts by a person or agency to encourage the father to
30 perform the acts specified therein.
31 (e) In the case of the adoption of an adult, only the
32 consent of such adult shall be required.
33 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
34 89-641, eff. 8-9-96.)
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1 (750 ILCS 50/12.1)
2 Sec. 12.1. Putative Father Registry. The Department of
3 Children and Family Services shall establish a Putative
4 Father Registry for the purpose of determining the identity
5 and location of a putative father of a minor child who is, or
6 is expected to be, the subject of an adoption proceeding, in
7 order to provide notice of such proceeding to the putative
8 father. The Department of Children and Family Services shall
9 establish rules and informational material necessary to
10 implement the provisions of this Section. The Department
11 shall have the authority to set reasonable fees for the use
12 of the Registry.
13 (a) The Department shall maintain the following
14 information in the Registry:
15 (1) With respect to the putative father:
16 (i) Name, including any other names by which
17 the putative father may be known and that he may
18 provide to the Registry;
19 (ii) Address at which he may be served with
20 notice of a petition under this Act, including any
21 change of address;
22 (iii) Social Security Number;
23 (iv) Date of birth; and
24 (v) If applicable, a certified copy of an
25 order by a court of this State or of another state
26 or territory of the United States adjudicating the
27 putative father to be the father of the child.
28 (2) With respect to the mother of the child:
29 (i) Name, including all other names known to
30 the putative father by which the mother may be
31 known;
32 (ii) If known to the putative father, her last
33 address;
34 (iii) Social Security Number; and
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1 (iv) Date of birth.
2 (3) If known to the putative father, the name,
3 gender, place of birth, and date of birth or anticipated
4 date of birth of the child.
5 (4) The date that the Department received the
6 putative father's registration.
7 (5) Other information as the Department may by rule
8 determine necessary for the orderly administration of the
9 Registry.
10 (b) A putative father may register with the Department
11 before the birth of the child but shall register no later
12 than 30 days after the birth of the child. All registrations
13 shall be in writing and signed by the putative father. No
14 fee shall be charged for the initial registration. The
15 Department shall have no independent obligation to gather the
16 information to be maintained.
17 (c) An interested party, including persons intending to
18 adopt a child, a child welfare agency with whom the mother
19 has placed or has given written notice of her intention to
20 place a child for adoption, the mother of the child, or an
21 attorney representing an interested party may request that
22 the Department search the Registry to determine whether a
23 putative father is registered in relation to a child who is
24 or may be the subject to an adoption petition.
25 (d) A search of the Registry may be proven by the
26 production of a certified copy of the registration form, or
27 by the certified statement of the administrator of the
28 Registry that after a search, no registration of a putative
29 father in relation to a child who is or may be the subject of
30 an adoption petition could be located.
31 (e) Except as otherwise provided, information contained
32 within the Registry is confidential and shall not be
33 published or open to public inspection.
34 (f) A person who knowingly or intentionally registers
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1 false information under this Section commits a Class B
2 misdemeanor. A person who knowingly or intentionally releases
3 confidential information in violation of this Section commits
4 a Class B misdemeanor.
5 (g) Except as provided in subsections (b) or (c) of
6 Section 8 of this Act, a putative father who fails to
7 register with the Putative Father Registry as provided in
8 this Section is barred from thereafter bringing or
9 maintaining any action to assert any interest in the child,
10 unless he proves by clear and convincing evidence that:
11 (1) it was not possible for him to register within
12 the period of time specified in subsection (b) of this
13 Section; and
14 (2) his failure to register was through no fault of
15 his own; and
16 (3) he registered within 10 days after it became
17 possible for him to file.
18 A lack of knowledge of the pregnancy or birth is not an
19 acceptable reason for failure to register.
20 (h) Except as provided in subsection (b) or (c) of
21 Section 8 of this Act, failure to timely register with the
22 Putative Father Registry (i) shall be deemed to be a waiver
23 and surrender of any right to notice of any hearing in any
24 judicial proceeding for the adoption of the child, and the
25 consent or surrender of that person to the adoption of the
26 child is not required, and (ii) shall constitute an
27 abandonment of the child and shall be prima facie evidence of
28 sufficient grounds to support termination of such father's
29 parental rights under this Act.
30 (i) In any adoption proceeding pertaining to a child
31 born out of wedlock, if there is no showing that a putative
32 father has executed a consent or surrender or waived his
33 rights regarding the proposed adoption, certification as
34 specified in subsection (d) shall be filed with the court
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1 prior to entry of a final judgment order of adoption.
2 (j) The Registry shall not be used to notify a putative
3 father who is the father of a child as a result of criminal
4 sexual abuse or assault as defined under Article 12 of the
5 Criminal Code of 1961.
6 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.