Public Act 90-0443 of the 90th General Assembly
Public Act 90-0443
SB366 Enrolled LRB9002774NTsb
AN ACT concerning children, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended by changing Section 6a as follows:
(20 ILCS 505/6a) (from Ch. 23, par. 5006a)
(Text of Section before amendment by P.A. 89-704)
Sec. 6a. Case Plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent placement of a child outside the home
of the family, reunify the family if temporary placement is
necessary, or move the child toward the most permanent living
arrangement and permanent legal status. Such case plan shall
provide for the utilization of family preservation services.
Such case plan shall be reviewed and updated every 6 months.
Where appropriate, the case plan shall include
recommendations concerning alcohol or drug abuse evaluation.
(b) The Department may enter into written agreements
with child welfare agencies to establish and implement case
plan demonstration projects. The demonstration projects
shall require that service providers develop, implement,
review and update client case plans. The Department shall
examine the effectiveness of the demonstration projects in
promoting the family reunification or the permanent placement
of each client and shall report its findings to the General
Assembly no later than 90 days after the end of the fiscal
year in which any such demonstration project is implemented.
(Source: P.A. 85-985; 86-1296.)
(Text of Section after amendment by P.A. 89-704)
Sec. 6a. Case Plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent placement of a child outside the home
of the family, reunify the family if temporary placement is
necessary, or move the child toward the most permanent living
arrangement and permanent legal status. Such case plan shall
provide for the utilization of reasonable family preservation
services as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act. Such case plan shall be
reviewed and updated every 6 months. Where appropriate, the
case plan shall include recommendations concerning alcohol or
drug abuse evaluation.
(b) The Department may enter into written agreements
with child welfare agencies to establish and implement case
plan demonstration projects. The demonstration projects
shall require that service providers develop, implement,
review and update client case plans. The Department shall
examine the effectiveness of the demonstration projects in
promoting the family reunification or the permanent placement
of each client and shall report its findings to the General
Assembly no later than 90 days after the end of the fiscal
year in which any such demonstration project is implemented.
(Source: P.A. 89-704, eff. 1-1-98.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 1-2, 2-21, and 2-29 as follows:
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
(Text of Section before amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy. (1) The purpose of this
Act is to secure for each minor subject hereto such care and
guidance, preferably in his or her own home, as will serve
the moral, emotional, mental, and physical welfare of the
minor and the best interests of the community; to preserve
and strengthen the minor's family ties whenever possible,
removing him or her from the custody of his or her parents
only when his or her welfare or safety or the protection of
the public cannot be adequately safeguarded without removal;
and, when the minor is removed from his or her own family, to
secure for him or her custody, care and discipline as nearly
as possible equivalent to that which should be given by his
or her parents, and in cases where it should and can properly
be done to place the minor in a family home so that he or she
may become a member of the family by legal adoption or
otherwise.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor shall be
the rights of adults unless specifically precluded by laws
which enhance the protection of such minors.
(b) Every child has a right to services necessary to his
or her proper development, including health, education and
social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is
contrary to the best interests of the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 85-601.)
(Text of Section after amendment by P.A. 89-704)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor
subject hereto such care and guidance, preferably in his or
her own home, as will serve the moral, emotional, mental, and
physical welfare of the minor and the best interests of the
community; to preserve and strengthen the minor's family ties
whenever possible, removing him or her from the custody of
his or her parents only when his or her welfare or safety or
the protection of the public cannot be adequately safeguarded
without removal; and, when the minor is removed from his or
her own family, to secure for him or her custody, care and
discipline as nearly as possible equivalent to that which
should be given by his or her parents, and in cases where it
should and can properly be done to place the minor in a
family home so that he or she may become a member of the
family by legal adoption or otherwise. Provided that a
ground for unfitness under the Adoption Act can be met, it
may be appropriate to expedite termination of parental
rights:
(a) when reasonable efforts are inappropriate, or have
been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) a child or a sibling of the child
was (A) abandoned, (B) tortured, or (C) chronically abused or
(ii) the parent is criminally convicted of (A) first degree
murder or second degree murder of any child, (B) attempt or
conspiracy to commit first degree murder or second degree
murder of any child, (C) solicitation to commit murder,
solicitation to commit murder for hire, or solicitation to
commit second degree murder of any child, or accountability
for the first or second degree murder of any child, or (D)
aggravated criminal sexual assault in violation of Section
12-14(b)(1) of the Criminal Code of 1961; or
(b) when the parental rights of a parent with respect to
a sibling of the child have been terminated; or in
abandonment cases; or in those extreme cases in which the
parent's conduct toward the child or the child's sibling has
been so egregious that the behavior justifies termination of
parental rights; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an extremely
poor prognosis for treatment or rehabilitation, justifies
expedited termination of a determination that parental rights
should be terminated.
(2) In all proceedings under this Act the court may
direct the course thereof so as promptly to ascertain the
jurisdictional facts and fully to gather information bearing
upon the current condition and future welfare of persons
subject to this Act. This Act shall be administered in a
spirit of humane concern, not only for the rights of the
parties, but also for the fears and the limits of
understanding of all who appear before the court.
(3) In all procedures under this Act, the following
shall apply:
(a) The procedural rights assured to the minor
shall be the rights of adults unless specifically
precluded by laws which enhance the protection of such
minors.
(b) Every child has a right to services necessary
to his or her proper development, including health,
education and social services.
(c) The parents' right to the custody of their
child shall not prevail when the court determines that it
is contrary to the best interests of the child.
(4) This Act shall be liberally construed to carry out
the foregoing purpose and policy.
(Source: P.A. 89-704, eff. 1-1-98.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is in the best interests of the minor and the
public that he be made a ward of the court. To assist the
court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be in the best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-21. Findings and adjudication.
(1) After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected,
or dependent, the court shall then determine and put in
writing the factual basis supporting the determination of
whether the abuse, neglect, or dependency is the result of
physical abuse to the minor inflicted by a parent, guardian,
or legal custodian. That finding shall appear in the order
of the court.
(2) If the court determines and puts in writing the
factual basis supporting the determination that the minor is
either abused or neglected or dependent, the court shall then
set a time not later than 30 days after the entry of the
finding for a dispositional hearing to be conducted under
Section 2-22 at which hearing the court shall determine
whether it is in the best interests of the minor and the
public that he be made a ward of the court. To assist the
court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may
be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete
the dispositional report.
(3) The time limits of this Section may be waived only
by consent of all parties and approval by the court, as
determined to be in the best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be
held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original, amended, or supplemental petition
contains a request for termination of parental rights and
appointment of a guardian with power to consent to
adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing legally admissible evidence admitted
introduced or stipulated to at the adjudicatory hearing
or at the dispositional hearing, that the parent is an
unfit person under subdivision D of Section 1 of the
Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor
and public that the child be made a ward of the
court; and
(B) termination of parental rights and
appointment of a guardian with power to consent to
adoption is in the best interest of the child
pursuant to Section 2-29.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-704, eff. 1-1-98.)
(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
(Text of Section before amendment by P.A. 89-704)
Sec. 2-29. Adoption; appointment of guardian with power
to consent.
(1) A ward of the court under this Act, with the consent
of the court, may be the subject of a petition for adoption
under "An Act in relation to the adoption of persons, and to
repeal an Act therein named", approved July 17, 1959, as now
or hereafter amended, or with like consent his or her parent
or parents may, in the manner required by such Act, surrender
him or her for adoption to an agency legally authorized or
licensed to place children for adoption.
(2) If the petition prays and the court finds that it is
in the best interest of the minor that a guardian of the
person be appointed and authorized to consent to the adoption
of the minor, the court with the consent of the parents, if
living, or after finding, based upon clear and convincing
evidence, that a non-consenting parent is an unfit person as
defined in Section 1 of "An Act in relation to the adoption
of persons, and to repeal an Act therein named", approved
July 17, 1959, as amended, may empower the guardian of the
person of the minor, in the order appointing him or her as
such guardian, to appear in court where any proceedings for
the adoption of the minor may at any time be pending and to
consent to the adoption. Such consent is sufficient to
authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice
to, or consent by, the parents of the minor. An order so
empowering the guardian to consent to adoption terminates
parental rights, deprives the parents of the minor of all
legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor
from all obligations of maintenance and obedience to his or
her natural parents.
If the minor is over 14 years of age, the court may, in
its discretion, consider the wishes of the minor in
determining whether the best interests of the minor would be
promoted by the finding of the unfitness of a non-consenting
parent.
(3) Parental consent to the order authorizing the
guardian of the person to consent to adoption of the minor
shall be given in open court whenever possible and otherwise
must be in writing and signed in the form provided in "An Act
in relation to the adoption of persons, and to repeal an Act
therein named", approved July 17, 1959, as now or hereafter
amended, but no names of petitioners for adoption need be
included. A finding of the unfitness of a nonconsenting
parent must be made in compliance with that Act and be based
upon clear and convincing evidence. Provisions of that Act
relating to minor parents and to mentally ill or mentally
deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon
clear and convincing evidence.
(Source: P.A. 85-601.)
(Text of Section after amendment by P.A. 89-704)
Sec. 2-29. Adoption; appointment of guardian with power
to consent.
(1) With leave of the court, a minor who is the subject
of an abuse, neglect, or dependency petition under this Act
may be the subject of a petition for adoption under the
Adoption Act.
(1.1) The parent or parents of a child in whose interest
a petition under Section 2-13 of this Act is pending may, in
the manner required by the Adoption Act, (a) surrender him or
her for adoption to an agency legally authorized or licensed
to place children for adoption, (b) consent to his or her
adoption, or (c) consent to his or her adoption by a
specified person or persons. Nothing in this Section requires
that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition prays and the court finds that it is
in the best interest of the minor that a guardian of the
person be appointed and authorized to consent to the adoption
of the minor, the court, with the consent agreement of the
parents, if living, or after finding, based upon clear and
convincing evidence, that a parent is an unfit person as
defined in Section 1 of the Adoption Act, may empower the
guardian of the person of the minor, in the order appointing
him or her as such guardian, to appear in court where any
proceedings for the adoption of the minor may at any time be
pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings
to enter a proper order or judgment of adoption without
further notice to, or consent by, the parents of the minor.
An order so empowering the guardian to consent to adoption
terminates parental rights, deprives the parents of the minor
of all legal rights as respects the minor and relieves them
of all parental responsibility for him or her, and frees the
minor from all obligations of maintenance and obedience to
his or her natural parents.
If the minor is over 14 years of age, the court may, in
its discretion, consider the wishes of the minor in
determining whether the best interests of the minor would be
promoted by the finding of the unfitness of a non-consenting
parent.
(3) Parental consent to the request for an order
authorizing the guardian of the person to consent to adoption
of the minor shall be made in open court whenever possible
and otherwise must be in writing and signed in the form
provided in the Adoption Act, but no names of petitioners for
adoption need be included.
(4) A finding of the unfitness of a parent must be made
in compliance with the Adoption Act and be based upon clear
and convincing evidence. Provisions of the Adoption Act
relating to minor parents and to mentally ill or mentally
deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon
clear and convincing evidence.
(Source: P.A. 89-704, eff. 1-1-98.)
Section 15. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
(Text of Section before amendment by P.A. 89-704)
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.
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:
(a) Abandonment of the child.
(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.
(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 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.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of 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 shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(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.
(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 to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 12 months after an adjudication of
neglected minor, abused minor or dependent minor under
the Juvenile Court Act or the Juvenile Court Act of 1987.
(n) Evidence of intent to forego 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 forego 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) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. 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.
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; or
(d) an adult who meets the conditions set forth in
Section 3 of this 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.
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.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95.)
(Text of Section after amendment by P.A. 89-704)
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:
(a) Abandonment of the child.
(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.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of 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 shall create a presumption of
unfitness that may be overcome only by clear and
convincing evidence.
(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.
(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 to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 12 months after an adjudication of
neglected minor, abused minor or dependent minor under
the Juvenile Court Act or the Juvenile Court Act of 1987.
(n) Evidence of intent to forego 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 forego 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) a finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. 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;
or
(d) an adult who meets the conditions set forth in
Section 3 of this 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.
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.
(Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
Section 20. "An Act in relation to children, amending
named Acts", approved January 28, 1997, Public Act 89-704, is
amended by adding Section 99 as follows:
(P.A. 89-704, Sec. 99 new)
Sec. 99. Effective date. This Act takes effect on July
1, 1997.
Section 99. Effective date. This Act takes effect on
July 1, 1997.