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Public Act 094-0229 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 1-104.2 and 15-129 as follows:
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(40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
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Sec. 1-104.2. Beginning January 1, 1986, children not | ||||
conceived in
lawful wedlock shall be entitled to the same | ||||
benefits as other children,
and no child's or survivor's | ||||
benefit shall be disallowed because of the fact that
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illegitimacy of the child was born out of wedlock ; however, in | ||||
cases where the father is the
employee
parent, paternity must | ||||
first be established. Paternity may be
established by any one | ||||
of the following means: (1) acknowledgment by the
father, or | ||||
(2) adjudication before or after the death of the father, or | ||||
(3)
any other means acceptable to the board of trustees of the | ||||
pension fund or
retirement system.
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(Source: P.A. 84-1028.)
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(40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
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Sec. 15-129. Child.
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"Child": The child of a participant or an annuitant, | ||||
including a child born out of wedlock
an
illegitimate child , a | ||||
stepchild who has been such for not less than 1 year
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immediately preceding the death of the participant or | ||||
annuitant, and an
adopted child, if the proceedings for | ||||
adoption were initiated at least 1
year before the death or | ||||
retirement of the participant or annuitant.
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(Source: P.A. 78-474.)
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Section 10. The Crime Victims Compensation Act is amended | ||||
by changing Section 2 as follows:
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(740 ILCS 45/2) (from Ch. 70, par. 72)
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Sec. 2. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
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(a) "Applicant" means any person who applies for | ||
compensation under this
Act or any person the Court of Claims | ||
finds is entitled to compensation,
including the guardian of a | ||
minor or of a person under legal disability. It
includes any | ||
person who was a dependent of a deceased victim of a crime of
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violence for his or her support at the time of the death of | ||
that victim.
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(b) "Court of Claims" means the Court of Claims created by | ||
the Court
of Claims Act.
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(c) "Crime of violence" means and includes any offense | ||
defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | ||
11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | ||
12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, | ||
12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of | ||
1961, and driving under
the influence of intoxicating liquor or | ||
narcotic drugs as defined in Section
11-501 of the Illinois | ||
Vehicle Code, if none of the said offenses
occurred
during a | ||
civil riot, insurrection or rebellion. "Crime of violence" does | ||
not
include any other offense or accident involving a motor | ||
vehicle except those
vehicle offenses specifically provided | ||
for in this paragraph. "Crime of
violence" does include all of | ||
the offenses specifically provided for in this
paragraph that | ||
occur within this State but are subject to federal jurisdiction
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and crimes involving terrorism as defined in 18 U.S.C. 2331.
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(d) "Victim" means (1) a person killed or injured in this | ||
State as a
result of a crime of violence perpetrated or | ||
attempted against him or her,
(2) the
parent of a child killed | ||
or injured in this State as a result of a crime of
violence | ||
perpetrated or attempted against the child, (3) a person killed
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or injured in this State while attempting to assist a person | ||
against whom a
crime of violence is being perpetrated or | ||
attempted, if that attempt of
assistance would be expected of a |
reasonable man under the circumstances,
(4) a person killed or | ||
injured in this State while assisting a law
enforcement | ||
official apprehend a person who has perpetrated a crime of
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violence or prevent the perpetration of any such crime if that
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assistance was in response to the express request of the law | ||
enforcement
official, (5) a person who personally
witnessed a | ||
violent crime, (5.1) solely
for the purpose of compensating for | ||
pecuniary loss incurred for
psychological treatment of a mental | ||
or emotional condition caused or aggravated
by the crime, any | ||
other person under the age of 18 who is the brother, sister,
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half brother, half sister, child, or stepchild
of a person | ||
killed or injured in
this State as a
result of a crime of | ||
violence, or (6) an Illinois resident
who is a victim of a | ||
"crime of violence" as defined in this Act except, if
the crime | ||
occurred outside this State, the resident has the same rights
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under this Act as if the crime had occurred in this State upon | ||
a showing
that the state, territory, country, or political | ||
subdivision of a country
in which the crime occurred does not | ||
have a compensation of victims of
crimes law for which that | ||
Illinois resident is eligible.
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(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or
partially dependent upon the victim's income at | ||
the time of his or her
death
and shall include the child of a | ||
victim born after his or her death.
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(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother,
child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half
brother, half | ||
sister, spouse's parent, nephew, niece, uncle or aunt.
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(g) "Child" means an unmarried son or daughter who is under | ||
18 years of
age and includes a stepchild, an adopted child or a | ||
child born out of wedlock
an illegitimate child .
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(h) "Pecuniary loss" means, in the case of injury, | ||
appropriate medical
expenses and hospital expenses including | ||
expenses of medical
examinations, rehabilitation, medically | ||
required
nursing care expenses, appropriate
psychiatric care | ||
or psychiatric counseling expenses, expenses for care or
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counseling by a licensed clinical psychologist or licensed | ||
clinical social
worker and expenses for treatment by Christian | ||
Science practitioners and
nursing care appropriate thereto; | ||
prosthetic appliances, eyeglasses, and
hearing aids necessary | ||
or damaged as a result of the
crime; replacement costs for | ||
clothing and bedding used as evidence; costs
associated with | ||
temporary lodging or relocation necessary as a
result of the | ||
crime;
locks or windows necessary or damaged as a result of the | ||
crime; the purchase,
lease, or rental of equipment necessary to | ||
create usability of and
accessibility to the victim's real and | ||
personal property, or the real and
personal property which is | ||
used by the victim, necessary as a result of the
crime; the | ||
costs of appropriate crime scene clean-up;
replacement
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services loss, to a maximum of $1000 per month;
dependents | ||
replacement
services loss, to a maximum of $1000 per month; | ||
loss of tuition paid to
attend grammar school or high school | ||
when the victim had been enrolled as a
full-time student prior | ||
to the injury, or college or graduate school when
the victim | ||
had been enrolled as a full-time day or night student prior to
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the injury when the victim becomes unable to continue | ||
attendance at school
as a result of the crime of violence | ||
perpetrated against him or her; loss
of
earnings, loss of | ||
future earnings because of disability resulting from the
| ||
injury, and, in addition, in the case of death, expenses for | ||
funeral, burial, and travel and transport for survivors
of | ||
homicide victims to secure bodies of deceased victims and to | ||
transport
bodies for burial all of which
may not exceed a | ||
maximum of $5,000 and loss of support of the dependents of
the | ||
victim.
Loss of future earnings shall be reduced by any income | ||
from substitute work
actually performed by the victim or by | ||
income he or she would have earned
in
available appropriate | ||
substitute work he or she was capable of performing
but
| ||
unreasonably failed to undertake. Loss of earnings, loss of | ||
future
earnings and loss of support shall be determined on the | ||
basis of the
victim's average net monthly earnings for the 6 | ||
months immediately
preceding the date of the injury or on $1000 |
per month, whichever is less.
If a divorced or legally | ||
separated applicant is claiming loss of support
for a minor | ||
child of the deceased, the amount of support for each child
| ||
shall be based either on the amount of support
pursuant to the | ||
judgment prior to the date of the deceased
victim's injury or | ||
death, or, if the subject of pending litigation filed by
or on | ||
behalf of the divorced or legally separated applicant prior to | ||
the
injury or death, on the result of that litigation. Real and | ||
personal
property includes, but is not limited to, vehicles, | ||
houses, apartments,
town houses, or condominiums. Pecuniary | ||
loss does not
include pain and suffering or property loss or | ||
damage.
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(i) "Replacement services loss" means expenses reasonably | ||
incurred in
obtaining ordinary and necessary services in lieu | ||
of those the permanently
injured person would have performed, | ||
not for income, but for the benefit
of himself or herself or | ||
his or her family, if he or she had not
been permanently | ||
injured.
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(j) "Dependents replacement services loss" means loss | ||
reasonably incurred
by dependents after a victim's death in | ||
obtaining ordinary and necessary
services in lieu of those the | ||
victim would have performed, not for income,
but for their | ||
benefit, if he or she had not been fatally injured.
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(k) "Survivor" means immediate family including a parent, | ||
step-father,
step-mother, child,
brother, sister, or spouse.
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(Source: P.A. 91-258, eff. 1-1-00; 91-445, eff. 1-1-00;
91-892, | ||
eff. 7-6-00; 92-427, eff. 1-1-02.)
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Section 15. The Illinois Marriage and Dissolution of | ||
Marriage Act is amended by changing Sections 205, 212, 303, and | ||
607 as follows:
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(750 ILCS 5/205) (from Ch. 40, par. 205)
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Sec. 205. Exceptions.
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(1) Irrespective of the results of
laboratory tests and | ||
clinical examination relative to sexually transmitted
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diseases, the clerks of the respective counties shall issue a
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marriage license to parties to a proposed marriage (a) when a
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woman is pregnant at the time of such application, or (b) when
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a woman has, prior to the time of application, given birth to a | ||
child born out of wedlock
an illegitimate child which is living | ||
at the time of such application
and the man making such | ||
application makes affidavit that he is the
father of such child | ||
born out of wedlock
illegitimate child . The county clerk shall, | ||
in lieu
of the health certificate required hereunder, accept, | ||
as the case
may be, either an affidavit on a form prescribed by | ||
the State
Department of Public Health, signed by a physician | ||
duly licensed
in this State, stating that the woman is | ||
pregnant, or a copy of
the birth record of the child born out | ||
of wedlock
illegitimate child , if one is available
in this | ||
State, or if such birth record is not available, an affidavit
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signed by the woman that she is the mother of such child.
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(2) Any judge of the circuit court within the county in | ||
which the
license is to be issued is authorized and empowered | ||
on joint
application by both applicants for a marriage license | ||
to waive
the requirements as to medical examination, laboratory | ||
tests, and
certificates, except the requirements of paragraph | ||
(4) of subsection (a)
of Section 212 of this Act which shall | ||
not be waived; and to authorize
the county clerk to issue the | ||
license
if all other requirements of law have been complied | ||
with and the judge
is satisfied, by affidavit, or other proof, | ||
that the examination or
tests are contrary to the tenets or | ||
practices of the religious creed
of which the applicant is an | ||
adherent, and that the public health and welfare
will not be | ||
injuriously affected thereby.
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(Source: P.A. 89-187, eff. 7-19-95.)
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(750 ILCS 5/212) (from Ch. 40, par. 212)
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Sec. 212. Prohibited Marriages.
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(a) The following marriages are prohibited:
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(1) a marriage entered into prior to the dissolution of | ||
an
earlier marriage of one of the parties;
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(2) a marriage between an ancestor and a descendant or | ||
between
a brother and a sister, whether the relationship is | ||
by the half
or the whole blood or by adoption;
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(3) a marriage between an uncle and a niece or between | ||
an aunt
and a nephew, whether the relationship is by the | ||
half or the whole
blood;
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(4) a marriage between cousins of the first degree; | ||
however, a marriage
between first cousins is not prohibited | ||
if:
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(i) both parties are 50 years of age or older; or
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(ii) either party, at the time of application for a | ||
marriage license,
presents for filing with the county | ||
clerk of the county in which the
marriage is to be | ||
solemnized, a
certificate signed by a licensed | ||
physician stating that the party to the
proposed | ||
marriage is permanently and irreversibly sterile;
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(5) a marriage between 2 individuals of the same sex.
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(b) Parties to a marriage prohibited under subsection (a) | ||
of
this Section who cohabit after removal of the impediment are
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lawfully married as of the date of the removal of the | ||
impediment.
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(c) Children born or adopted of a prohibited or common law | ||
marriage
are the lawful children of the parties
legitimate .
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(Source: P.A. 89-459, eff. 5-24-96.)
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(750 ILCS 5/303) (from Ch. 40, par. 303)
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Sec. 303. Legitimacy of Children.) Children born or adopted
| ||
of a marriage declared invalid are the lawful children of the | ||
parties
legitimate . Children whose
parents marry after their | ||
birth are the lawful children of the parties
legitimate .
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(Source: P.A. 82-566.)
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(750 ILCS 5/607) (from Ch. 40, par. 607)
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Sec. 607. Visitation.
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(a) A parent not granted custody of the child
is entitled | ||
to reasonable visitation rights unless the court finds,
after a |
hearing, that visitation would endanger seriously the child's
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physical, mental, moral or emotional health. If the custodian's | ||
street
address is not identified, pursuant to Section 708, the | ||
court shall require
the parties to identify reasonable | ||
alternative arrangements for visitation
by a non-custodial | ||
parent, including but not limited to visitation of the
minor | ||
child at the residence of another person or at a local public | ||
or
private facility.
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(a-3) Nothing in subsection (a-5) of this Section shall | ||
apply to a child in whose interests a petition under Section | ||
2-13 of the Juvenile Court Act of 1987 is pending. | ||
(a-5)(1) Except as otherwise provided in this subsection | ||
(a-5), any grandparent, great-grandparent, or sibling may file | ||
a
petition for
visitation rights to a minor child if there is | ||
an unreasonable denial of visitation by a parent and at least | ||
one
of the
following conditions exists: | ||
(A) one parent of the child is incompetent as a matter | ||
of law or deceased or has been sentenced to a period of | ||
imprisonment for more than 1 year; | ||
(B) the child's mother and father are divorced or have | ||
been legally separated from
each other during the 3 month | ||
period prior to the filing of the petition and at least one | ||
parent does not object to the grandparent, | ||
great-grandparent, or sibling having visitation with the | ||
child. The visitation of the grandparent, | ||
great-grandparent, or sibling must not diminish the | ||
visitation of the parent who is not related to the | ||
grandparent, great-grandparent, or sibling seeking | ||
visitation; | ||
(C) the court, other than a Juvenile Court, has | ||
terminated a parent-child relationship and the | ||
grandparent, great-grandparent, or sibling is the parent | ||
of the person whose parental rights have been terminated, | ||
except in cases of adoption. The visitation must not be | ||
used to allow the parent who lost parental rights to | ||
unlawfully visit with the child; |
(D) the child is born out of wedlock
illegitimate , the | ||
parents are not living together, and the petitioner is a | ||
maternal grandparent, great-grandparent, or sibling of the | ||
child born out of wedlock
illegitimate child ; or | ||
(E) the child is born out of wedlock
illegitimate , the | ||
parents are not living together, the petitioner is a | ||
paternal grandparent, great-grandparent, or sibling, and | ||
the paternity has been established by a court of competent | ||
jurisdiction. | ||
(2) The grandparent, great-grandparent, or sibling of a | ||
parent whose parental rights have been terminated through an | ||
adoption proceeding may not petition for visitation rights.
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(3) In making a determination under this subsection (a-5), | ||
there is a
rebuttable
presumption that a fit parent's actions | ||
and decisions regarding grandparent,
great-grandparent, or | ||
sibling visitation are not harmful to the child's mental, | ||
physical, or emotional health. The
burden is on the
party | ||
filing a petition under this Section to prove that the
parent's | ||
actions and
decisions regarding visitation times are harmful to | ||
the child's mental, physical, or emotional health. | ||
(4) In determining whether to grant visitation, the court | ||
shall consider the following:
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(A) the preference of the child if the child is | ||
determined to be of sufficient maturity to express a | ||
preference; | ||
(B) the mental and physical health of the child; | ||
(C) the mental and physical health of the grandparent, | ||
great-grandparent, or sibling; | ||
(D) the length and quality of the prior relationship | ||
between the child and the grandparent, great-grandparent, | ||
or sibling;
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(E) the good faith of the party in filing the petition;
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(F) the good faith of the person denying visitation; | ||
(G) the quantity of the visitation time requested and | ||
the potential adverse impact that visitation would have on | ||
the child's customary activities; |
(H) whether the child resided with the petitioner for | ||
at least 6 consecutive months with or without the current | ||
custodian present; | ||
(I) whether the petitioner had frequent or regular | ||
contact with the child for at least 12 consecutive months; | ||
and
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(J) any other fact that establishes that the loss of | ||
the relationship between the petitioner and the child is | ||
likely to harm the child's mental, physical, or emotional | ||
health. | ||
(5) The court may order visitation rights for the | ||
grandparent, great-grandparent, or sibling that include | ||
reasonable access without requiring overnight or possessory | ||
visitation.
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(a-7)(1) Unless by stipulation of the parties, no motion to | ||
modify a grandparent, great-grandparent, or sibling visitation | ||
order may be made earlier than 2 years after the date the order | ||
was filed, unless the court permits it to be made on the basis | ||
of affidavits that there is reason to believe the child's | ||
present environment may endanger seriously the child's mental, | ||
physical, or emotional health. | ||
(2) The court shall not modify a prior grandparent, | ||
great-grandparent, or sibling visitation order unless it finds | ||
by clear and convincing evidence, upon the basis of facts that | ||
have arisen since the prior visitation order or that were | ||
unknown to the court at the time of entry of the prior | ||
visitation, that a change has occurred in the circumstances of | ||
the child or his or her custodian, and that the modification is | ||
necessary to protect the mental, physical, or emotional health | ||
of the child. The court shall state in its decision specific | ||
findings of fact in support of its modification or termination | ||
of the grandparent, great-grandparent, or sibling visitation. | ||
(3) Attorney fees and costs shall be assessed against a | ||
party seeking modification of the visitation order if the court | ||
finds that the modification action is vexatious and constitutes | ||
harassment. |
(4) Notice under this subsection (a-7) shall be given as | ||
provided in subsections (c) and (d) of Section 601.
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(b) (1) (Blank.)
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(1.5) The Court may grant reasonable visitation privileges | ||
to a stepparent
upon petition to the court by the stepparent, | ||
with notice to the parties
required to be notified under | ||
Section 601 of this Act, if the court determines
that it is in | ||
the best interests and welfare of the child, and may issue any
| ||
necessary orders to enforce those visitation privileges.
A | ||
petition for visitation privileges may be filed under this | ||
paragraph (1.5)
whether or not a petition pursuant to this Act | ||
has been previously filed or is
currently pending if the | ||
following
circumstances are met:
| ||
(A) the child is at least 12 years old;
| ||
(B) the child resided continuously with the parent and | ||
stepparent for at
least 5 years;
| ||
(C) the parent is deceased or is disabled and is unable | ||
to care for the
child;
| ||
(D) the child wishes to have reasonable visitation with | ||
the stepparent;
and
| ||
(E) the stepparent was providing for the care, control, | ||
and welfare to the
child prior to the initiation of the | ||
petition for visitation.
| ||
(2)(A) A petition for visitation privileges shall not be | ||
filed pursuant
to this subsection (b) by the parents or | ||
grandparents of a putative father
if the paternity of the | ||
putative father has not been legally established.
| ||
(B) A petition for visitation privileges may not be filed | ||
under
this subsection (b) if the child who is the subject of | ||
the
grandparents' or great-grandparents' petition has been | ||
voluntarily
surrendered by the parent or parents, except for a | ||
surrender to the
Illinois Department of Children and Family | ||
Services or a foster care
facility, or has been previously | ||
adopted by an individual or individuals
who are not related to | ||
the biological parents of the child or is the
subject of a | ||
pending adoption petition by an individual or individuals who
|
are not related to the biological parents of the child.
| ||
(3) (Blank).
| ||
(c) The court may modify an order granting or denying | ||
visitation
rights of a parent whenever modification would serve | ||
the best interest of
the child;
but the court shall not | ||
restrict a parent's visitation rights unless it
finds that the | ||
visitation would endanger seriously the child's physical,
| ||
mental, moral or emotional health.
The court may modify an | ||
order granting, denying, or limiting visitation
rights of a | ||
grandparent, great-grandparent, or sibling of any minor child
| ||
whenever a change of circumstances has occurred based on facts | ||
occurring
subsequent to the judgment and the court finds by | ||
clear and convincing evidence
that the modification is in the | ||
best interest of the minor child.
| ||
(d) If any court has entered an order prohibiting a | ||
non-custodial parent
of a child from any contact with a child
| ||
or restricting the non-custodial parent's contact with the | ||
child, the
following provisions shall apply:
| ||
(1) If an order has been entered granting visitation | ||
privileges with the
child to a grandparent or | ||
great-grandparent who is related to the child through
the | ||
non-custodial parent, the visitation privileges of the | ||
grandparent or
great-grandparent may be revoked if:
| ||
(i) a court has entered an order prohibiting the | ||
non-custodial parent
from any contact with the child, | ||
and the grandparent or great-grandparent is
found to | ||
have used his or her visitation privileges to | ||
facilitate contact
between the child and the | ||
non-custodial parent; or
| ||
(ii) a court has entered an order restricting the | ||
non-custodial parent's
contact with the child, and the | ||
grandparent or great-grandparent is found to
have used | ||
his or her visitation privileges to facilitate contact
| ||
between the child and the non-custodial parent in a | ||
manner that violates the
terms of the order restricting | ||
the non-custodial parent's contact with the
child.
|
Nothing in this subdivision (1) limits the authority of | ||
the court to
enforce its orders in any manner permitted by | ||
law.
| ||
(2) Any order granting visitation privileges with the | ||
child to a
grandparent or great-grandparent who is related | ||
to the child through the
non-custodial parent shall contain | ||
the following provision:
| ||
"If the (grandparent or great-grandparent, whichever | ||
is applicable) who has
been granted visitation privileges | ||
under this order uses the visitation
privileges to | ||
facilitate contact between the child and the child's
| ||
non-custodial parent, the visitation privileges granted | ||
under this order shall
be permanently revoked."
| ||
(e) No parent, not granted custody of the child, or | ||
grandparent, or
great-grandparent, or stepparent, or sibling | ||
of any minor child, convicted
of any offense
involving an | ||
illegal sex act perpetrated upon a victim less than 18 years of
| ||
age including but not limited to offenses for violations of | ||
Article 12 of the
Criminal Code of 1961, is entitled to | ||
visitation rights while incarcerated
or while on parole, | ||
probation, conditional discharge, periodic
imprisonment, or
| ||
mandatory supervised release for that offense, and upon | ||
discharge from
incarceration for a misdemeanor offense or upon | ||
discharge from parole,
probation, conditional discharge, | ||
periodic imprisonment,
or mandatory supervised release for a | ||
felony offense, visitation shall be
denied until the person | ||
successfully completes a treatment program approved
by the | ||
court.
| ||
(f) Unless the court determines, after considering all | ||
relevant factors,
including but not limited to those set forth | ||
in Section 602(a), that it would
be in the best interests of | ||
the child to allow visitation, the court shall not
enter an | ||
order providing visitation rights and pursuant to a motion to | ||
modify
visitation shall revoke visitation rights previously | ||
granted to any
person who would otherwise be entitled to | ||
petition for visitation rights under
this Section who has been |
convicted of first degree murder of the parent,
grandparent, | ||
great-grandparent, or sibling of the child who is the subject | ||
of
the order. Until an order is entered pursuant to this | ||
subsection, no person
shall visit, with
the child present, a | ||
person who has been convicted of first degree murder of
the | ||
parent, grandparent, great-grandparent, or sibling of the | ||
child
without the consent of the child's parent, other than a | ||
parent convicted of
first degree murder as set forth herein, or | ||
legal
guardian.
| ||
(g) If an order has been entered limiting, for cause, a | ||
minor child's
contact or
visitation with a grandparent, | ||
great-grandparent, or sibling on the grounds
that it was in the | ||
best interest of the child to do so, that order may be
modified | ||
only upon a showing of a substantial change in circumstances | ||
occurring
subsequent to the entry of the order with proof by | ||
clear and convincing
evidence that modification is in the best | ||
interest of the minor child.
| ||
(Source: P.A. 93-911, eff. 1-1-05.)
| ||
Section 20. The Emancipation of Minors Act is amended by | ||
changing Section 3-3 as follows:
| ||
(750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)
| ||
Sec. 3-3. Parents. "Parent" means the father or mother of a | ||
lawful child of the parties
legitimate
or a child born out of | ||
wedlock
illegitimate child , and includes any adoptive parent. | ||
It does not include
a parent whose rights in respect to the | ||
minor have been terminated in any
manner provided by law.
| ||
(Source: P.A. 81-833.)
| ||
Section 25. The Adoption Act is amended by changing Section | ||
1 as follows:
| ||
(750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||
Sec. 1. Definitions. When used in this Act, unless the | ||
context
otherwise requires:
|
A. "Child" means a person under legal age subject to | ||
adoption under
this Act.
| ||
B. "Related child" means a child subject to adoption where | ||
either or both of
the adopting parents stands in any of the | ||
following relationships to the child
by blood or marriage: | ||
parent, grand-parent, brother, sister, step-parent,
| ||
step-grandparent, step-brother, step-sister, uncle, aunt, | ||
great-uncle,
great-aunt, or cousin of first degree. A child | ||
whose parent has executed
a final irrevocable consent to | ||
adoption or a final irrevocable surrender
for purposes of | ||
adoption, or whose parent has had his or her parental rights
| ||
terminated, is not a related child to that person, unless the | ||
consent is
determined to be void or is void pursuant to | ||
subsection O of Section 10.
| ||
C. "Agency" for the purpose of this Act means a public | ||
child welfare agency
or a licensed child welfare agency.
| ||
D. "Unfit person" means any person whom the court shall | ||
find to be unfit
to have a child, without regard to the | ||
likelihood that the child will be
placed for adoption. The | ||
grounds of unfitness are any one or more
of the following, | ||
except that a person shall not be considered an unfit
person | ||
for the sole reason that the person has relinquished a child in
| ||
accordance with the Abandoned Newborn Infant Protection Act:
| ||
(a) Abandonment of the child.
| ||
(a-1) Abandonment of a newborn infant in a hospital.
| ||
(a-2) Abandonment of a newborn infant in any setting | ||
where the evidence
suggests that the parent intended to | ||
relinquish his or her parental rights.
| ||
(b) Failure to maintain a reasonable degree of | ||
interest, concern or
responsibility as to the child's | ||
welfare.
| ||
(c) Desertion of the child for more than 3 months next | ||
preceding the
commencement of the Adoption proceeding.
| ||
(d) Substantial neglect
of the
child if continuous or | ||
repeated.
| ||
(d-1) Substantial neglect, if continuous or repeated, |
of any child
residing in the household which resulted in | ||
the death of that child.
| ||
(e) Extreme or repeated cruelty to the child.
| ||
(f) Two or more findings of physical abuse to any | ||
children under Section
4-8 of the Juvenile Court Act or | ||
Section 2-21 of the Juvenile Court Act
of 1987, the most | ||
recent of which was determined by the juvenile court
| ||
hearing the matter to be supported by clear and convincing | ||
evidence; a
criminal conviction or a finding of not guilty | ||
by reason of insanity
resulting from the death of any child | ||
by physical child
abuse; or a finding of physical child | ||
abuse resulting from the death of any
child under Section | ||
4-8 of the Juvenile Court Act or Section 2-21 of the
| ||
Juvenile Court Act of 1987.
| ||
(g) Failure to protect the child from conditions within | ||
his environment
injurious to the child's welfare.
| ||
(h) Other neglect of, or misconduct toward the child; | ||
provided that in
making a finding of unfitness the court | ||
hearing the adoption proceeding
shall not be bound by any | ||
previous finding, order or judgment affecting
or | ||
determining the rights of the parents toward the child | ||
sought to be adopted
in any other proceeding except such | ||
proceedings terminating parental rights
as shall be had | ||
under either this Act, the Juvenile Court Act or
the | ||
Juvenile Court Act of 1987.
| ||
(i) Depravity. Conviction of any one of the following
| ||
crimes shall create a presumption that a parent is depraved | ||
which can be
overcome only by clear and convincing | ||
evidence:
(1) first degree murder in violation of paragraph | ||
1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||
Code of 1961 or conviction
of second degree murder in | ||
violation of subsection (a) of Section 9-2 of the
Criminal | ||
Code of 1961 of a parent of the child to be adopted; (2)
| ||
first degree murder or second degree murder of any child in
| ||
violation of the Criminal Code of 1961; (3)
attempt or | ||
conspiracy to commit first degree murder or second degree |
murder
of any child in violation of the Criminal Code of | ||
1961; (4)
solicitation to commit murder of any child, | ||
solicitation to
commit murder of any child for hire, or | ||
solicitation to commit second
degree murder of any child in | ||
violation of the Criminal Code of 1961; or (5)
aggravated | ||
criminal sexual assault in violation of
Section | ||
12-14(b)(1) of the Criminal Code of 1961.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if the parent
has been criminally convicted of at | ||
least 3 felonies under the laws of this
State or any other | ||
state, or under federal law, or the criminal laws of any
| ||
United States territory; and at least one of these
| ||
convictions took place within 5 years of the filing of the | ||
petition or motion
seeking termination of parental rights.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if that
parent
has
been criminally convicted of | ||
either first or second degree murder of any person
as | ||
defined in the Criminal Code of 1961 within 10 years of the | ||
filing date of
the petition or motion to terminate parental | ||
rights.
| ||
(j) Open and notorious adultery or fornication.
| ||
(j-1) (Blank).
| ||
(k) Habitual drunkenness or addiction to drugs, other | ||
than those
prescribed by a physician, for at least one year | ||
immediately
prior to the commencement of the unfitness | ||
proceeding.
| ||
There is a rebuttable presumption that a parent is | ||
unfit under this
subsection
with respect to any child to | ||
which that parent gives birth where there is a
confirmed
| ||
test result that at birth the child's blood, urine, or | ||
meconium contained any
amount of a controlled substance as | ||
defined in subsection (f) of Section 102 of
the Illinois | ||
Controlled Substances Act or metabolites of such | ||
substances, the
presence of which in the newborn infant was | ||
not the result of medical treatment
administered to the | ||
mother or the newborn infant; and the biological mother of
|
this child is the biological mother of at least one other | ||
child who was
adjudicated a neglected minor under | ||
subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||
1987.
| ||
(l) Failure to demonstrate a reasonable degree of | ||
interest, concern or
responsibility as to the welfare of a | ||
new born child during the first 30
days after its birth.
| ||
(m) Failure by a parent (i) to make reasonable efforts | ||
to correct the
conditions that were the basis for the | ||
removal of the child from the
parent, or (ii) to make | ||
reasonable progress toward the return of the child
to
the | ||
parent within 9 months after an adjudication of neglected | ||
or abused
minor under Section 2-3 of the Juvenile Court Act | ||
of 1987 or dependent
minor under Section 2-4 of that Act, | ||
or (iii) to make reasonable progress
toward the return of | ||
the
child to the parent during any 9-month period after the | ||
end of the initial
9-month period following the | ||
adjudication of
neglected or abused minor under Section 2-3 | ||
of the Juvenile Court
Act of 1987 or dependent minor under | ||
Section 2-4 of that Act.
If a service plan has been | ||
established as
required under
Section 8.2 of the Abused and | ||
Neglected Child Reporting Act to correct the
conditions | ||
that were the basis for the removal of the child from the | ||
parent
and if those services were available,
then, for | ||
purposes of this Act, "failure to make reasonable progress | ||
toward the
return of the child to the parent" includes (I) | ||
the parent's failure to
substantially fulfill his or her | ||
obligations under the
service plan and correct the | ||
conditions that brought the child into care
within 9 months | ||
after the adjudication under Section 2-3 or 2-4
of the | ||
Juvenile Court Act of 1987
and (II) the parent's failure to | ||
substantially fulfill his or her obligations
under
the | ||
service plan and correct the conditions that brought the | ||
child into care
during any 9-month period after the end of | ||
the initial 9-month period
following the adjudication | ||
under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
|
(m-1) Pursuant to the Juvenile Court Act of 1987, a | ||
child
has been in foster care for 15 months out of any 22 | ||
month period which begins
on or after the effective date of | ||
this amendatory Act of 1998 unless the
child's parent can | ||
prove
by a preponderance of the evidence that it is more | ||
likely than not that it will
be in the best interests of | ||
the child to be returned to the parent within 6
months of | ||
the date on which a petition for termination of parental | ||
rights is
filed under the Juvenile Court Act of 1987. The | ||
15 month time limit is tolled
during
any period for which | ||
there is a court finding that the appointed custodian or
| ||
guardian failed to make reasonable efforts to reunify the | ||
child with his or her
family, provided that (i) the finding | ||
of no reasonable efforts is made within
60 days of the | ||
period when reasonable efforts were not made or (ii) the | ||
parent
filed a motion requesting a finding of no reasonable | ||
efforts within 60 days of
the period when reasonable | ||
efforts were not made. For purposes of this
subdivision | ||
(m-1), the date of entering foster care is the earlier of: | ||
(i) the
date of
a judicial finding at an adjudicatory | ||
hearing that the child is an abused,
neglected, or | ||
dependent minor; or (ii) 60 days after the date on which | ||
the
child is removed from his or her parent, guardian, or | ||
legal custodian.
| ||
(n) Evidence of intent to forgo his or her parental | ||
rights,
whether or
not the child is a ward of the court, | ||
(1) as manifested
by his or her failure for a period of 12 | ||
months: (i) to visit the child,
(ii) to communicate with | ||
the child or agency, although able to do so and
not | ||
prevented from doing so by an agency or by court order, or | ||
(iii) to
maintain contact with or plan for the future of | ||
the child, although physically
able to do so, or (2) as | ||
manifested by the father's failure, where he
and the mother | ||
of the child were unmarried to each other at the time of | ||
the
child's birth, (i) to commence legal proceedings to | ||
establish his paternity
under the Illinois Parentage Act of |
1984 or the law of the jurisdiction of
the child's birth | ||
within 30 days of being informed, pursuant to Section 12a
| ||
of this Act, that he is the father or the likely father of | ||
the child or,
after being so informed where the child is | ||
not yet born, within 30 days of
the child's birth, or (ii) | ||
to make a good faith effort to pay a reasonable
amount of | ||
the expenses related to the birth of the child and to | ||
provide a
reasonable amount for the financial support of | ||
the child, the court to
consider in its determination all | ||
relevant circumstances, including the
financial condition | ||
of both parents; provided that the ground for
termination | ||
provided in this subparagraph (n)(2)(ii) shall only be
| ||
available where the petition is brought by the mother or | ||
the husband of
the mother.
| ||
Contact or communication by a parent with his or her | ||
child that does not
demonstrate affection and concern does | ||
not constitute reasonable contact
and planning under | ||
subdivision (n). In the absence of evidence to the
| ||
contrary, the ability to visit, communicate, maintain | ||
contact, pay
expenses and plan for the future shall be | ||
presumed. The subjective intent
of the parent, whether | ||
expressed or otherwise, unsupported by evidence of
the | ||
foregoing parental acts manifesting that intent, shall not | ||
preclude a
determination that the parent has intended to | ||
forgo his or her
parental
rights. In making this | ||
determination, the court may consider but shall not
require | ||
a showing of diligent efforts by an authorized agency to | ||
encourage
the parent to perform the acts specified in | ||
subdivision (n).
| ||
It shall be an affirmative defense to any allegation | ||
under paragraph
(2) of this subsection that the father's | ||
failure was due to circumstances
beyond his control or to | ||
impediments created by the mother or any other
person | ||
having legal custody. Proof of that fact need only be by a
| ||
preponderance of the evidence.
| ||
(o) Repeated or continuous failure by the parents, |
although physically
and financially able, to provide the | ||
child with adequate food, clothing,
or shelter.
| ||
(p) Inability to discharge parental responsibilities | ||
supported by
competent evidence from a psychiatrist, | ||
licensed clinical social
worker, or clinical psychologist | ||
of mental
impairment, mental illness or mental retardation | ||
as defined in Section
1-116 of the Mental Health and | ||
Developmental Disabilities Code, or
developmental | ||
disability as defined in Section 1-106 of that Code, and
| ||
there is sufficient justification to believe that the | ||
inability to
discharge parental responsibilities shall | ||
extend beyond a reasonable
time period. However, this | ||
subdivision (p) shall not be construed so as to
permit a | ||
licensed clinical social worker to conduct any medical | ||
diagnosis to
determine mental illness or mental | ||
impairment.
| ||
(q) The parent has been criminally convicted of | ||
aggravated battery,
heinous battery, or attempted murder | ||
of any child.
| ||
(r) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated as a
result of | ||
criminal conviction at the time the petition or motion for
| ||
termination of parental rights is filed, prior to | ||
incarceration the parent had
little or no contact with the | ||
child or provided little or no support for the
child, and | ||
the parent's incarceration will prevent the parent from | ||
discharging
his or her parental responsibilities for the | ||
child for a period in excess of 2
years after the filing of | ||
the petition or motion for termination of parental
rights.
| ||
(s) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated at the
time the | ||
petition or motion for termination of parental rights is | ||
filed, the
parent has been repeatedly incarcerated as a | ||
result of criminal convictions,
and the parent's repeated |
incarceration has prevented the parent from
discharging | ||
his or her parental responsibilities for the child.
| ||
(t) A finding that at birth the child's blood,
urine, | ||
or meconium contained any amount of a controlled substance | ||
as
defined in subsection (f) of Section 102 of the Illinois | ||
Controlled Substances
Act, or a metabolite of a controlled | ||
substance, with the exception of
controlled substances or | ||
metabolites of such substances, the presence of which
in | ||
the newborn infant was the result of medical treatment | ||
administered to the
mother or the newborn infant, and that | ||
the biological mother of this child is
the biological | ||
mother of at least one other child who was adjudicated a
| ||
neglected minor under subsection (c) of Section 2-3 of the | ||
Juvenile Court Act
of 1987, after which the biological | ||
mother had the opportunity to enroll in
and participate in | ||
a clinically appropriate substance abuse
counseling, | ||
treatment, and rehabilitation program.
| ||
E. "Parent" means the father or mother of a lawful child of | ||
the parties
legitimate or illegitimate
child born out of | ||
wedlock . For the purpose of this Act, a person who has executed | ||
a final and
irrevocable consent to adoption or a final and | ||
irrevocable surrender for
purposes of adoption, or whose | ||
parental rights have been terminated by a
court, is not a | ||
parent of the child who was the subject of the consent or
| ||
surrender, unless the consent is void pursuant to subsection O | ||
of Section 10.
| ||
F. A person is available for adoption when the person is:
| ||
(a) a child who has been surrendered for adoption to an | ||
agency and to
whose adoption the agency has thereafter | ||
consented;
| ||
(b) a child to whose adoption a person authorized by | ||
law, other than his
parents, has consented, or to whose | ||
adoption no consent is required pursuant
to Section 8 of | ||
this Act;
| ||
(c) a child who is in the custody of persons who intend | ||
to adopt him
through placement made by his parents;
|
(c-1) a child for whom a parent has signed a specific | ||
consent pursuant
to subsection O of Section 10;
| ||
(d) an adult who meets the conditions set forth in | ||
Section 3 of this
Act; or
| ||
(e) a child who has been relinquished as defined in | ||
Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||
A person who would otherwise be available for adoption | ||
shall not be
deemed unavailable for adoption solely by reason | ||
of his or her death.
| ||
G. The singular includes the plural and the plural includes
| ||
the singular and the "male" includes the "female", as the | ||
context of this
Act may require.
| ||
H. "Adoption disruption" occurs when an adoptive placement | ||
does not
prove successful and it becomes necessary for the | ||
child to be removed from
placement before the adoption is | ||
finalized.
| ||
I. "Foreign placing agency" is an agency or individual | ||
operating in a
country or territory outside the United States | ||
that is authorized by its
country to place children for | ||
adoption either directly with families in the
United States or | ||
through United States based international agencies.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
| ||
K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted.
| ||
L. "Intercountry Adoption Coordinator" is a staff person of | ||
the
Department of Children and Family Services appointed by the | ||
Director to
coordinate the provision of services by the public | ||
and private sector to
prospective parents of foreign-born | ||
children.
| ||
M. "Interstate Compact on the Placement of Children" is a | ||
law enacted by
most states for the purpose of establishing | ||
uniform procedures for handling
the interstate placement of | ||
children in foster homes, adoptive homes, or
other child care | ||
facilities.
|
N. "Non-Compact state" means a state that has not enacted | ||
the
Interstate Compact on the Placement of Children.
| ||
O. "Preadoption requirements" are any conditions | ||
established by the laws
or regulations of the Federal | ||
Government or of each state that must be met
prior to the | ||
placement of a child in an adoptive home.
| ||
P. "Abused child" means a child whose parent or immediate | ||
family member,
or any person responsible for the child's | ||
welfare, or any individual
residing in the same home as the | ||
child, or a paramour of the child's parent:
| ||
(a) inflicts, causes to be inflicted, or allows to be | ||
inflicted upon
the child physical injury, by other than | ||
accidental means, that causes
death, disfigurement, | ||
impairment of physical or emotional health, or loss
or | ||
impairment of any bodily function;
| ||
(b) creates a substantial risk of physical injury to | ||
the child by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
physical or emotional health, or loss or
impairment of any | ||
bodily function;
| ||
(c) commits or allows to be committed any sex offense | ||
against the child,
as sex offenses are defined in the | ||
Criminal Code of 1961
and extending those definitions of | ||
sex offenses to include children under
18 years of age;
| ||
(d) commits or allows to be committed an act or acts of | ||
torture upon
the child; or
| ||
(e) inflicts excessive corporal punishment.
| ||
Q. "Neglected child" means any child whose parent or other | ||
person
responsible for the child's welfare withholds or denies | ||
nourishment or
medically indicated treatment including food or | ||
care denied solely on the
basis of the present or anticipated | ||
mental or physical impairment as determined
by a physician | ||
acting alone or in consultation with other physicians or
| ||
otherwise does not provide the proper or necessary support, | ||
education
as required by law, or medical or other remedial care | ||
recognized under State
law as necessary for a child's |
well-being, or other care necessary for his
or her well-being, | ||
including adequate food, clothing and shelter; or who
is | ||
abandoned by his or her parents or other person responsible for | ||
the child's
welfare.
| ||
A child shall not be considered neglected or abused for the
| ||
sole reason that the child's parent or other person responsible | ||
for his
or her welfare depends upon spiritual means through | ||
prayer alone for the
treatment or cure of disease or remedial | ||
care as provided under Section 4
of the Abused and Neglected | ||
Child Reporting Act.
A child shall not be considered neglected | ||
or abused for the sole reason that
the child's parent or other | ||
person responsible for the child's welfare failed
to vaccinate, | ||
delayed vaccination, or refused vaccination for the child
due | ||
to a waiver on religious or medical grounds as permitted by | ||
law.
| ||
R. "Putative father" means a man who may be a child's | ||
father, but who (1) is
not married to the child's mother on or | ||
before the date that the child was or
is to be born and (2) has | ||
not established paternity of the child in a court
proceeding | ||
before the filing of a petition for the adoption of the child. | ||
The
term includes a male who is less than 18 years of age. | ||
"Putative father" does
not mean a man who is the child's father | ||
as a result of criminal sexual abuse
or assault as defined | ||
under Article 12 of the Criminal Code of 1961.
| ||
S. "Standby adoption" means an adoption in which a parent
| ||
consents to custody and termination of parental rights to | ||
become
effective upon the occurrence of a future event, which | ||
is either the death of
the
parent or the request of the parent
| ||
for the entry of a final judgment of adoption.
| ||
T. (Blank).
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; 92-408, | ||
eff. 8-17-01; 92-432, eff. 8-17-01 ; 92-651, eff. 7-11-02; | ||
93-732, eff. 1-1-05.)
| ||
Section 30. The Probate Act of 1975 is amended by changing | ||
Section 2-2 as follows:
|
(755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
| ||
Sec. 2-2. Children born out of wedlock
Illegitimates . The | ||
intestate real and personal estate of
a resident decedent who | ||
was a child born out of wedlock
illegitimate at the time of | ||
death and the
intestate real estate in this State of a | ||
nonresident decedent who was a child born out of wedlock
| ||
illegitimate at the time of death, after all just claims | ||
against his estate are
fully paid, descends and shall be | ||
distributed as provided in Section 2-1,
subject to Section | ||
2-6.5 of this Act, if both parents are eligible parents. As
| ||
used in this Section, "eligible parent" means a parent of the | ||
decedent who,
during the decedent's lifetime, acknowledged the | ||
decedent as the parent's
child, established a parental | ||
relationship with the decedent, and supported the
decedent as | ||
the parent's child. "Eligible parents" who are in arrears of in
| ||
excess of one year's child support obligations shall not | ||
receive any property
benefit or other interest of the decedent | ||
unless and until a court of competent
jurisdiction makes a | ||
determination as to the effect on the deceased of the
arrearage | ||
and allows a reduced benefit. In no event shall the reduction | ||
of
the benefit or other interest be less than the amount of | ||
child support owed for
the support of the decedent at the time | ||
of death. The court's considerations
shall include but are not | ||
limited to the considerations in subsections (1)
through (3) of | ||
Section 2-6.5 of this Act.
| ||
If neither parent is an eligible parent, the intestate real
| ||
and personal estate of a resident decedent who was a child born | ||
out of wedlock
illegitimate at the time of
death and the | ||
intestate real estate in this State of a nonresident decedent | ||
who
was a child born out of wedlock
illegitimate at the time of | ||
death, after all just claims against his or her
estate are | ||
fully paid, descends and shall be distributed as provided in
| ||
Section 2-1, but the parents of the decedent shall be treated | ||
as having
predeceased the decedent.
| ||
If only one parent is an eligible parent, the intestate |
real and personal
estate of a resident decedent who was a child | ||
born out of wedlock
illegitimate at the time of death and the
| ||
intestate real estate in this State of a nonresident decedent | ||
who was a child born out of wedlock
illegitimate at the time of | ||
death, after all just claims against his or her
estate are | ||
fully paid, subject to Section 2-6.5 of this Act, descends and | ||
shall
be distributed as follows:
| ||
(a) If there is a surviving spouse and also a descendant of | ||
the
decedent: 1/2 of the entire estate to the surviving spouse | ||
and 1/2 to
the decedent's descendants per stirpes.
| ||
(b) If there is no surviving spouse but a descendant of the
| ||
decedent: the entire estate to the decedent's descendants per | ||
stirpes.
| ||
(c) If there is a surviving spouse but no descendant of the
| ||
decedent: the entire estate to the surviving spouse.
| ||
(d) If there is no surviving spouse or descendant but the | ||
eligible parent or
a descendant of the eligible parent of the | ||
decedent: the entire estate to the
eligible parent and the | ||
eligible parent's descendants, allowing 1/2 to the
eligible | ||
parent and 1/2 to the eligible parent's descendants per | ||
stirpes.
| ||
(e) If there is no surviving spouse, descendant, eligible | ||
parent, or
descendant of the eligible parent of the decedent, | ||
but a grandparent on the
eligible parent's side of the family | ||
or descendant of such grandparent of the
decedent: the entire | ||
estate to the decedent's grandparents on the eligible
parent's | ||
side of the family in equal parts, or to the survivor of them, | ||
or if
there is none surviving, to their descendants per | ||
stirpes.
| ||
(f) If there is no surviving spouse, descendant, eligible | ||
parent, descendant
of the eligible parent, grandparent on the | ||
eligible parent's side of the
family, or descendant of such | ||
grandparent of the decedent: the entire estate
to the | ||
decedent's great-grandparents on the eligible parent's side of | ||
the
family in equal parts or to the survivor of them, or if | ||
there is none
surviving, to their descendants per stirpes.
|
(g) If there is no surviving spouse, descendant, eligible | ||
parent, descendant
of the eligible parent, grandparent on the
| ||
eligible parent's side of the family, descendant of such
| ||
grandparent, great-grandparent on the eligible parent's side | ||
of
the family, or descendant of such great-grandparent of the | ||
decedent: the
entire estate in equal parts to the nearest | ||
kindred of the eligible parent of
the decedent in equal degree | ||
(computing by the rules of the civil law) and
without | ||
representation.
| ||
(h) If there is no surviving spouse, descendant, or | ||
eligible parent of the
decedent and no known kindred of the | ||
eligible parent of the decedent: the real
estate escheats to
| ||
the county in which it is located; the personal estate | ||
physically
located within this State and the personal estate | ||
physically located or
held outside this State which is the | ||
subject of ancillary administration
within this State escheats | ||
to the county of which the decedent was a
resident or, if the | ||
decedent was not a resident of this State, to the
county in | ||
which it is located; all other personal property of the
| ||
decedent of every class and character, wherever situate, or the | ||
proceeds
thereof, shall escheat to this State and be delivered | ||
to the State
Treasurer of this State pursuant to the Uniform | ||
Disposition
of Unclaimed Property Act.
| ||
For purposes of inheritance, the changes made by this | ||
amendatory Act of
1998 apply to all decedents who die on or | ||
after the effective date of this
amendatory Act of 1998. For | ||
the purpose of determining the property rights of
any person | ||
under any instrument, the changes made by this amendatory Act | ||
of
1998 apply to all instruments executed on or after the | ||
effective date of this
amendatory Act of 1998.
| ||
A child born out of wedlock
An illegitimate person is heir | ||
of his mother and of any maternal
ancestor and of any person | ||
from whom his mother might have inherited, if
living; and the | ||
descendants of a person who was a child born out of wedlock
an | ||
illegitimate person shall represent
such person and take by | ||
descent any estate which the parent would have
taken, if |
living. If a decedent has acknowledged paternity of a child | ||
born out of wedlock
an
illegitimate person or if during his | ||
lifetime or after his death a
decedent has been adjudged to be | ||
the father of a child born out of wedlock
an illegitimate | ||
person ,
that person is heir of his father and of any paternal | ||
ancestor and of
any person from whom his father might have | ||
inherited, if living; and
the descendants of a person who was a | ||
child born out of wedlock
an illegitimate person shall | ||
represent that person
and take by descent any estate which the | ||
parent would have taken, if
living. If during his lifetime the | ||
decedent was adjudged to be the
father of a child born out of | ||
wedlock
an illegitimate person by a court of competent | ||
jurisdiction,
an authenticated copy of the judgment is | ||
sufficient proof of the
paternity; but in all other cases | ||
paternity must be proved by clear and
convincing evidence. A | ||
person who was a child born out of wedlock
illegitimate whose | ||
parents
intermarry and who is acknowledged by the father as the | ||
father's child
is a lawful child of the father
legitimate .
| ||
After a child born out of wedlock
an illegitimate person is | ||
adopted, that person's relationship to his or
her adopting and | ||
natural parents shall be governed by Section 2-4 of this
Act. | ||
For purposes of inheritance, the changes made by this | ||
amendatory Act of
1997 apply to all decedents who die on or | ||
after January 1, 1998. For the
purpose of determining the | ||
property rights of any person under any instrument,
the changes | ||
made by this amendatory Act of 1997 apply to all instruments
| ||
executed on or after January 1, 1998.
| ||
(Source: P.A. 90-237, eff. 1-1-98; 90-803, eff. 12-15-98; | ||
91-16, eff. 7-1-99.)
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