Bill Text: IL HB3473 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Expands the definition of "neglected child" under both Acts to include a child whose umbilical cord tissue contains any amount of a controlled substance as defined in a specified provision of the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provisions is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Further amends the Juvenile Court Act of 1987 by providing that proof that a newborn infant's umbilical cord tissue contains any amount of a controlled substance as defined under the Illinois Controlled Substances Act, or a metabolite of a controlled substance, constitutes prima facie evidence of abuse or neglect. Amends the Adoption Act. Includes as a ground of unfitness under the definition of "unfit person" a finding that at birth the child's umbilical cord tissue contained any amount of a controlled substance as defined under the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provision is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3473 Detail]
Download: Illinois-2017-HB3473-Introduced.html
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | AN ACT concerning children.
| |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||||||||
5 | amended by changing Section 3 as follows:
| |||||||||||||||||||||||||
6 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | |||||||||||||||||||||||||
7 | Sec. 3. As used in this Act unless the context otherwise | |||||||||||||||||||||||||
8 | requires: | |||||||||||||||||||||||||
9 | "Adult resident" means any person between 18 and 22 years | |||||||||||||||||||||||||
10 | of age who resides in any facility licensed by the Department | |||||||||||||||||||||||||
11 | under the Child Care Act of 1969. For purposes of this Act, the | |||||||||||||||||||||||||
12 | criteria set forth in the definitions of "abused child" and | |||||||||||||||||||||||||
13 | "neglected child" shall be used in determining whether an adult | |||||||||||||||||||||||||
14 | resident is abused or neglected. | |||||||||||||||||||||||||
15 | "Agency" means a child care facility licensed under Section | |||||||||||||||||||||||||
16 | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | |||||||||||||||||||||||||
17 | a transitional living program that accepts children and adult | |||||||||||||||||||||||||
18 | residents for placement who are in the guardianship of the | |||||||||||||||||||||||||
19 | Department. | |||||||||||||||||||||||||
20 | "Blatant disregard" means an incident where the real, | |||||||||||||||||||||||||
21 | significant, and imminent risk of harm would be so obvious to a | |||||||||||||||||||||||||
22 | reasonable parent or caretaker that it is unlikely that a | |||||||||||||||||||||||||
23 | reasonable parent or caretaker would have exposed the child to |
| |||||||
| |||||||
1 | the danger without exercising precautionary measures to | ||||||
2 | protect the child from harm. With respect to a person working | ||||||
3 | at an agency in his or her professional capacity with a child | ||||||
4 | or adult resident, "blatant disregard" includes a failure by | ||||||
5 | the person to perform job responsibilities intended to protect | ||||||
6 | the child's or adult resident's health, physical well-being, or | ||||||
7 | welfare, and, when viewed in light of the surrounding | ||||||
8 | circumstances, evidence exists that would cause a reasonable | ||||||
9 | person to believe that the child was neglected. With respect to | ||||||
10 | an agency, "blatant disregard" includes a failure to implement | ||||||
11 | practices that ensure the health, physical well-being, or | ||||||
12 | welfare of the children and adult residents residing in the | ||||||
13 | facility. | ||||||
14 | "Child" means any person under the age of 18 years, unless | ||||||
15 | legally
emancipated by reason of marriage or entry into a | ||||||
16 | branch of the United
States armed services. | ||||||
17 | "Department" means Department of Children and Family | ||||||
18 | Services. | ||||||
19 | "Local law enforcement agency" means the police of a city, | ||||||
20 | town,
village or other incorporated area or the sheriff of an | ||||||
21 | unincorporated
area or any sworn officer of the Illinois | ||||||
22 | Department of State Police. | ||||||
23 | "Abused child"
means a child whose parent or immediate | ||||||
24 | family
member,
or any person responsible for the child's | ||||||
25 | welfare, or any individual
residing in the same home as the | ||||||
26 | child, or a paramour of the child's parent: |
| |||||||
| |||||||
1 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
2 | inflicted upon
such child physical injury, by other than | ||||||
3 | accidental means, which causes
death, disfigurement, | ||||||
4 | impairment of physical or
emotional health, or loss or | ||||||
5 | impairment of any bodily function; | ||||||
6 | (b) creates a substantial risk of physical injury to | ||||||
7 | such
child by
other than accidental means which would be | ||||||
8 | likely to cause death,
disfigurement, impairment of | ||||||
9 | physical or emotional health, or loss or
impairment of any | ||||||
10 | bodily function; | ||||||
11 | (c) commits or allows to be committed any sex offense | ||||||
12 | against
such child,
as such sex offenses are defined in the | ||||||
13 | Criminal Code of 2012 or in the Wrongs to Children Act,
and | ||||||
14 | extending those definitions of sex offenses to include | ||||||
15 | children under
18 years of age; | ||||||
16 | (d) commits or allows to be committed an act or acts of
| ||||||
17 | torture upon
such child; | ||||||
18 | (e) inflicts excessive corporal punishment or, in the | ||||||
19 | case of a person working for an agency who is prohibited | ||||||
20 | from using corporal punishment, inflicts corporal | ||||||
21 | punishment upon a child or adult resident with whom the | ||||||
22 | person is working in his or her professional capacity; | ||||||
23 | (f) commits or allows to be committed
the offense of
| ||||||
24 | female
genital mutilation, as defined in Section 12-34 of | ||||||
25 | the Criminal Code of
2012, against the child; | ||||||
26 | (g) causes to be sold, transferred, distributed, or |
| |||||||
| |||||||
1 | given to
such child
under 18 years of age, a controlled | ||||||
2 | substance as defined in Section 102 of the
Illinois | ||||||
3 | Controlled Substances Act in violation of Article IV of the | ||||||
4 | Illinois
Controlled Substances Act or in violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act, | ||||||
6 | except for controlled substances that are prescribed
in | ||||||
7 | accordance with Article III of the Illinois Controlled | ||||||
8 | Substances Act and
are dispensed to such child in a manner | ||||||
9 | that substantially complies with the
prescription; or | ||||||
10 | (h) commits or allows to be committed the offense of | ||||||
11 | involuntary servitude, involuntary sexual servitude of a | ||||||
12 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
13 | of the Criminal Code of 2012 against the child. | ||||||
14 | A child shall not be considered abused for the sole reason | ||||||
15 | that the child
has been relinquished in accordance with the | ||||||
16 | Abandoned Newborn Infant
Protection Act. | ||||||
17 | "Neglected child" means any child who is not receiving the | ||||||
18 | proper or
necessary nourishment or medically indicated | ||||||
19 | treatment including food or care
not provided solely on the | ||||||
20 | basis of the present or anticipated mental or
physical | ||||||
21 | impairment as determined by a physician acting alone or in
| ||||||
22 | consultation with other physicians or otherwise is not | ||||||
23 | receiving the proper or
necessary support or medical or other | ||||||
24 | remedial care recognized under State law
as necessary for a | ||||||
25 | child's well-being, or other care necessary for his or her
| ||||||
26 | well-being, including adequate food, clothing and shelter; or |
| |||||||
| |||||||
1 | who is subjected to an environment which is injurious insofar | ||||||
2 | as (i) the child's environment creates a likelihood of harm to | ||||||
3 | the child's health, physical well-being, or welfare and (ii) | ||||||
4 | the likely harm to the child is the result of a blatant | ||||||
5 | disregard of parent, caretaker, or agency responsibilities; or | ||||||
6 | who is abandoned
by his or her parents or other person | ||||||
7 | responsible for the child's welfare
without a proper plan of | ||||||
8 | care; or who has been provided with interim crisis intervention | ||||||
9 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
10 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
11 | child to return home and no other living arrangement agreeable
| ||||||
12 | to the parent, guardian, or custodian can be made, and the | ||||||
13 | parent, guardian, or custodian has not made any other | ||||||
14 | appropriate living arrangement for the child; or who is a | ||||||
15 | newborn infant whose umbilical cord tissue, blood, urine,
or | ||||||
16 | meconium
contains any amount of a controlled substance as | ||||||
17 | defined in subsection (f) of
Section 102 of the Illinois | ||||||
18 | Controlled Substances Act or a metabolite thereof,
with the | ||||||
19 | exception of a controlled substance or metabolite thereof whose
| ||||||
20 | presence in the newborn infant is the result of medical | ||||||
21 | treatment administered
to the mother or the newborn infant. | ||||||
22 | Nothing in the preceding sentence is intended to limit the type | ||||||
23 | of medically reliable testing that can establish that a | ||||||
24 | controlled substance or metabolite thereof is present in a | ||||||
25 | newborn infant. A child shall not be considered neglected
for | ||||||
26 | the sole reason that the child's parent or other person |
| |||||||
| |||||||
1 | responsible for his
or her welfare has left the child in the | ||||||
2 | care of an adult relative for any
period of time. A child shall | ||||||
3 | not be considered neglected for the sole reason
that the child | ||||||
4 | has been relinquished in accordance with the Abandoned Newborn
| ||||||
5 | Infant Protection Act. A child shall not be considered | ||||||
6 | neglected or abused
for the
sole reason that such child's | ||||||
7 | parent or other person responsible for his or her
welfare | ||||||
8 | depends upon spiritual means through prayer alone for the | ||||||
9 | treatment or
cure of disease or remedial care as provided under | ||||||
10 | Section 4 of this Act. A
child shall not be considered | ||||||
11 | neglected or abused solely because the child is
not attending | ||||||
12 | school in accordance with the requirements of Article 26 of The
| ||||||
13 | School Code, as amended. | ||||||
14 | "Child Protective Service Unit" means certain specialized | ||||||
15 | State employees of
the Department assigned by the Director to | ||||||
16 | perform the duties and
responsibilities as provided under | ||||||
17 | Section 7.2 of this Act. | ||||||
18 | "Person responsible for the child's welfare" means the | ||||||
19 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
20 | any person responsible for the
child's welfare in a public or | ||||||
21 | private residential agency or institution; any
person | ||||||
22 | responsible for the child's welfare within a public or private | ||||||
23 | profit or
not for profit child care facility; or any other | ||||||
24 | person responsible for the
child's welfare at the time of the | ||||||
25 | alleged abuse or neglect, including any person that is the | ||||||
26 | custodian of a child under 18 years of age who commits or |
| |||||||
| |||||||
1 | allows to be committed, against the child, the offense of | ||||||
2 | involuntary servitude, involuntary sexual servitude of a | ||||||
3 | minor, or trafficking in persons for forced labor or services, | ||||||
4 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
5 | any person who
came to know the child through an official | ||||||
6 | capacity or position of trust,
including but not limited to | ||||||
7 | health care professionals, educational personnel,
recreational | ||||||
8 | supervisors, members of the clergy, and volunteers or
support | ||||||
9 | personnel in any setting
where children may be subject to abuse | ||||||
10 | or neglect. | ||||||
11 | "Temporary protective custody" means custody within a | ||||||
12 | hospital or
other medical facility or a place previously | ||||||
13 | designated for such custody
by the Department, subject to | ||||||
14 | review by the Court, including a licensed
foster home, group | ||||||
15 | home, or other institution; but such place shall not
be a jail | ||||||
16 | or other place for the detention of criminal or juvenile | ||||||
17 | offenders. | ||||||
18 | "An unfounded report" means any report made under this Act | ||||||
19 | for which
it is determined after an investigation that no | ||||||
20 | credible evidence of
abuse or neglect exists. | ||||||
21 | "An indicated report" means a report made under this Act if | ||||||
22 | an
investigation determines that credible evidence of the | ||||||
23 | alleged
abuse or neglect exists. | ||||||
24 | "An undetermined report" means any report made under this | ||||||
25 | Act in
which it was not possible to initiate or complete an | ||||||
26 | investigation on
the basis of information provided to the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | "Subject of report" means any child reported to the central | ||||||
3 | register
of child abuse and neglect established under Section | ||||||
4 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
5 | and
the parent or guardian of the alleged victim or other | ||||||
6 | person responsible for the alleged victim's welfare who is | ||||||
7 | named in the report or added to the report as an alleged | ||||||
8 | perpetrator of child abuse or neglect. | ||||||
9 | "Perpetrator" means a person who, as a result of | ||||||
10 | investigation, has
been determined by the Department to have | ||||||
11 | caused child abuse or neglect. | ||||||
12 | "Member of the clergy" means a clergyman or practitioner of | ||||||
13 | any religious
denomination accredited by the religious body to | ||||||
14 | which he or she belongs. | ||||||
15 | (Source: P.A. 99-350, eff. 6-1-16 .)
| ||||||
16 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
17 | changing Sections 2-3 and 2-18 as follows:
| ||||||
18 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||||||
19 | Sec. 2-3. Neglected or abused minor. | ||||||
20 | (1) Those who are neglected include: | ||||||
21 | (a) any minor under 18 years of age who is not | ||||||
22 | receiving
the proper or necessary support, education as
| ||||||
23 | required by law, or medical or other remedial care | ||||||
24 | recognized under
State law as necessary for a minor's |
| |||||||
| |||||||
1 | well-being, or other care necessary
for his or her | ||||||
2 | well-being, including adequate food, clothing and shelter,
| ||||||
3 | or who is abandoned by his or her parent or parents or | ||||||
4 | other person or persons responsible for
the minor's | ||||||
5 | welfare, except that a minor shall not be considered | ||||||
6 | neglected
for the sole reason that the minor's parent or | ||||||
7 | parents or other person or persons responsible for the
| ||||||
8 | minor's welfare have left the minor in the care of an adult | ||||||
9 | relative for any
period of time, who the parent or parents | ||||||
10 | or other person responsible for the minor's welfare know is | ||||||
11 | both a mentally capable adult relative and physically | ||||||
12 | capable adult relative, as defined by this Act; or | ||||||
13 | (b) any minor under 18 years of age whose environment | ||||||
14 | is injurious
to his or her welfare; or | ||||||
15 | (c) any newborn infant whose umbilical cord tissue, | ||||||
16 | blood, urine, or meconium
contains any amount of a
| ||||||
17 | controlled substance as defined in subsection (f) of | ||||||
18 | Section 102 of the
Illinois Controlled Substances Act, as | ||||||
19 | now or hereafter amended, or a
metabolite of a controlled | ||||||
20 | substance, with the exception of controlled
substances or | ||||||
21 | metabolites of such substances, the presence of which in | ||||||
22 | the
newborn infant is the result of medical treatment | ||||||
23 | administered to the
mother or the newborn infant; nothing | ||||||
24 | in this paragraph (c) is intended to limit the type of | ||||||
25 | medically reliable testing that can establish that a | ||||||
26 | controlled substance or metabolite thereof is present in a |
| |||||||
| |||||||
1 | newborn infant; or | ||||||
2 | (d) any minor under the age of 14 years whose parent or | ||||||
3 | other person
responsible for the minor's welfare leaves the | ||||||
4 | minor without
supervision for an unreasonable period of | ||||||
5 | time without regard for the mental or
physical health, | ||||||
6 | safety, or welfare of that minor; or | ||||||
7 | (e) any minor who has been provided with interim crisis | ||||||
8 | intervention
services under Section 3-5 of this Act and | ||||||
9 | whose parent, guardian, or custodian
refuses to permit the | ||||||
10 | minor to return home unless the minor is an immediate | ||||||
11 | physical danger to himself, herself, or others living in | ||||||
12 | the home.
| ||||||
13 | Whether the minor was left without regard for the mental or | ||||||
14 | physical health,
safety, or welfare of that minor or the period | ||||||
15 | of time was unreasonable shall
be determined by considering the | ||||||
16 | following factors, including but not limited
to: | ||||||
17 | (1) the age of the minor; | ||||||
18 | (2) the number of minors left at the location; | ||||||
19 | (3) special needs of the minor, including whether the | ||||||
20 | minor is a person with a physical or mental disability, or | ||||||
21 | otherwise in need of ongoing prescribed medical
treatment | ||||||
22 | such as periodic doses of insulin or other medications; | ||||||
23 | (4) the duration of time in which the minor was left | ||||||
24 | without supervision; | ||||||
25 | (5) the condition and location of the place where the | ||||||
26 | minor was left
without supervision; |
| |||||||
| |||||||
1 | (6) the time of day or night when the minor was left | ||||||
2 | without supervision; | ||||||
3 | (7) the weather conditions, including whether the | ||||||
4 | minor was left in a
location with adequate protection from | ||||||
5 | the natural elements such as adequate
heat or light; | ||||||
6 | (8) the location of the parent or guardian at the time | ||||||
7 | the minor was left
without supervision, the physical | ||||||
8 | distance the minor was from the parent or
guardian at the | ||||||
9 | time the minor was without supervision; | ||||||
10 | (9) whether the minor's movement was restricted, or the | ||||||
11 | minor was
otherwise locked within a room or other | ||||||
12 | structure; | ||||||
13 | (10) whether the minor was given a phone number of a | ||||||
14 | person or location to
call in the event of an emergency and | ||||||
15 | whether the minor was capable of making
an emergency call; | ||||||
16 | (11) whether there was food and other provision left | ||||||
17 | for the minor; | ||||||
18 | (12) whether any of the conduct is attributable to | ||||||
19 | economic hardship or
illness and the parent, guardian or | ||||||
20 | other person having physical custody or
control of the | ||||||
21 | child made a good faith effort to provide for the health | ||||||
22 | and
safety of the minor; | ||||||
23 | (13) the age and physical and mental capabilities of | ||||||
24 | the person or persons
who provided supervision for the | ||||||
25 | minor; | ||||||
26 | (14) whether the minor was left under the supervision |
| |||||||
| |||||||
1 | of another person; | ||||||
2 | (15) any other factor that would endanger the health | ||||||
3 | and safety of that
particular minor. | ||||||
4 | A minor shall not be considered neglected for the sole | ||||||
5 | reason that the
minor has been relinquished in accordance with | ||||||
6 | the Abandoned Newborn Infant
Protection Act. | ||||||
7 | (2) Those who are abused include any minor under 18 years | ||||||
8 | of age whose
parent or immediate family member, or any person | ||||||
9 | responsible
for the minor's welfare, or any person who is in | ||||||
10 | the same family or household
as the minor, or any individual | ||||||
11 | residing in the same home as the minor, or
a paramour of the | ||||||
12 | minor's parent: | ||||||
13 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
14 | inflicted upon
such minor physical injury, by other than | ||||||
15 | accidental means, which causes death,
disfigurement, | ||||||
16 | impairment of physical or emotional health, or loss or
| ||||||
17 | impairment of any bodily function; | ||||||
18 | (ii) creates a substantial risk of physical injury to | ||||||
19 | such minor by
other than accidental means which would be | ||||||
20 | likely to cause death,
disfigurement, impairment of | ||||||
21 | emotional health, or loss or impairment of any
bodily | ||||||
22 | function; | ||||||
23 | (iii) commits or allows to be committed any sex offense | ||||||
24 | against such
minor, as such sex offenses are defined in the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012, or in | ||||||
26 | the Wrongs to Children Act, and extending those definitions |
| |||||||
| |||||||
1 | of sex offenses to include minors
under 18 years of age; | ||||||
2 | (iv) commits or allows to be committed an act or acts | ||||||
3 | of torture upon
such minor; | ||||||
4 | (v) inflicts excessive corporal punishment; | ||||||
5 | (vi) commits or allows to be committed the offense of | ||||||
6 | involuntary servitude, involuntary sexual servitude of a | ||||||
7 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | upon such minor; or | ||||||
10 | (vii) allows, encourages or requires a minor to commit | ||||||
11 | any act of prostitution, as defined in the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, and extending those | ||||||
13 | definitions to include minors under 18 years of age. | ||||||
14 | A minor shall not be considered abused for the sole reason | ||||||
15 | that the minor
has been relinquished in accordance with the | ||||||
16 | Abandoned Newborn Infant
Protection Act. | ||||||
17 | (3) This Section does not apply to a minor who would be | ||||||
18 | included
herein solely for the purpose of qualifying for | ||||||
19 | financial assistance for
himself, his parents, guardian or | ||||||
20 | custodian. | ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
22 | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | ||||||
23 | Sec. 2-18. Evidence. | ||||||
24 | (1) At the adjudicatory hearing, the court shall first | ||||||
25 | consider only the
question whether the minor is abused, |
| |||||||
| |||||||
1 | neglected or dependent. The standard of
proof and the rules of | ||||||
2 | evidence in the nature of civil proceedings in this
State are | ||||||
3 | applicable to proceedings under this Article. If the petition | ||||||
4 | also
seeks the appointment of a guardian of the person with
| ||||||
5 | power to consent to adoption of the minor under Section 2-29, | ||||||
6 | the court may
also consider legally admissible evidence at the | ||||||
7 | adjudicatory hearing that one
or more grounds of unfitness | ||||||
8 | exists under subdivision D of Section 1 of the
Adoption Act. | ||||||
9 | (2) In any hearing under this Act, the following shall | ||||||
10 | constitute prima
facie evidence of abuse or neglect, as the | ||||||
11 | case may be: | ||||||
12 | (a) proof that a minor has a medical diagnosis of | ||||||
13 | battered child syndrome
is prima facie evidence of abuse; | ||||||
14 | (b) proof that a minor has a medical diagnosis of | ||||||
15 | failure to thrive
syndrome is prima facie evidence of | ||||||
16 | neglect; | ||||||
17 | (c) proof that a minor has a medical diagnosis of fetal | ||||||
18 | alcohol syndrome
is prima facie evidence of neglect; | ||||||
19 | (d) proof that a minor has a medical diagnosis at birth | ||||||
20 | of withdrawal
symptoms from narcotics or barbiturates is | ||||||
21 | prima facie evidence of neglect; | ||||||
22 | (e) proof of injuries sustained by a minor or of the | ||||||
23 | condition of a minor
of such a nature as would ordinarily | ||||||
24 | not be sustained or exist except by
reason of the acts or | ||||||
25 | omissions of the parent, custodian or guardian of
such | ||||||
26 | minor shall be prima facie evidence of abuse or neglect, as |
| |||||||
| |||||||
1 | the case may
be; | ||||||
2 | (f) proof that a parent, custodian or guardian of a | ||||||
3 | minor repeatedly used
a drug, to the extent that it has or | ||||||
4 | would ordinarily have the effect of
producing in the user a | ||||||
5 | substantial state of stupor, unconsciousness,
| ||||||
6 | intoxication, hallucination, disorientation or | ||||||
7 | incompetence, or a
substantial impairment of judgment, or a | ||||||
8 | substantial manifestation of
irrationality, shall be prima | ||||||
9 | facie evidence of neglect; | ||||||
10 | (g) proof that a parent, custodian, or guardian of a | ||||||
11 | minor repeatedly
used a controlled substance, as defined in | ||||||
12 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
13 | Substances Act, in the presence of the minor or a sibling
| ||||||
14 | of the minor is prima facie evidence of neglect. "Repeated | ||||||
15 | use", for the
purpose of this subsection, means more than | ||||||
16 | one use of a controlled substance
as defined in subsection | ||||||
17 | (f) of Section 102 of the Illinois Controlled
Substances | ||||||
18 | Act; | ||||||
19 | (h) proof that a newborn infant's umbilical cord | ||||||
20 | tissue, blood, urine, or meconium contains any
amount of a | ||||||
21 | controlled substance as defined in subsection (f) of | ||||||
22 | Section 102 of
the Illinois Controlled Substances Act, or a | ||||||
23 | metabolite of a controlled
substance, with the exception of | ||||||
24 | controlled substances or metabolites of those
substances, | ||||||
25 | the presence of which is the result of medical treatment
| ||||||
26 | administered to the mother or the newborn, is prime facie |
| |||||||
| |||||||
1 | evidence of
neglect; nothing in this paragraph (h) is | ||||||
2 | intended to limit the type of medically reliable testing | ||||||
3 | that can establish that a controlled substance or | ||||||
4 | metabolite thereof is present in a newborn infant; | ||||||
5 | (i) proof that a minor was present in a structure or | ||||||
6 | vehicle in which the minor's parent, custodian, or guardian | ||||||
7 | was involved in the manufacture of methamphetamine | ||||||
8 | constitutes prima facie evidence of abuse and neglect;
| ||||||
9 | (j) proof that a parent, custodian, or guardian of a | ||||||
10 | minor allows, encourages, or requires a minor to perform, | ||||||
11 | offer, or agree to perform any act of sexual penetration as | ||||||
12 | defined in Section 11-0.1 of the Criminal Code of 2012 for | ||||||
13 | any money, property, token, object, or article or anything | ||||||
14 | of value, or any touching or fondling of the sex organs of | ||||||
15 | one person by another person, for any money, property, | ||||||
16 | token, object, or article or anything of value, for the | ||||||
17 | purpose of sexual arousal or gratification, constitutes | ||||||
18 | prima facie evidence of abuse and neglect; | ||||||
19 | (k) proof that a parent, custodian, or guardian of a | ||||||
20 | minor commits or allows to be committed the offense of | ||||||
21 | involuntary servitude, involuntary sexual servitude of a | ||||||
22 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | upon such minor, constitutes prima facie evidence of abuse | ||||||
25 | and neglect. | ||||||
26 | (3) In any hearing under this Act, proof of the abuse, |
| |||||||
| |||||||
1 | neglect or dependency
of one minor shall be admissible evidence | ||||||
2 | on the issue of the abuse, neglect or
dependency of any other | ||||||
3 | minor for whom the respondent is responsible. | ||||||
4 | (4) (a) Any writing, record, photograph or x-ray of any | ||||||
5 | hospital or public
or private agency, whether in the form of an | ||||||
6 | entry in a book or otherwise,
made as a memorandum or record of | ||||||
7 | any condition, act, transaction, occurrence
or event relating | ||||||
8 | to a minor in an abuse, neglect or
dependency proceeding, shall | ||||||
9 | be
admissible in evidence as proof of that condition, act, | ||||||
10 | transaction, occurrence
or event, if the court finds that the | ||||||
11 | document was made in the regular course
of the business of the | ||||||
12 | hospital or agency and that it was in the regular
course of | ||||||
13 | such business to make it, at the time of the act, transaction,
| ||||||
14 | occurrence or event, or within a reasonable time thereafter. A | ||||||
15 | certification
by the head or responsible employee of the | ||||||
16 | hospital or agency that the writing,
record, photograph or | ||||||
17 | x-ray is the full and complete record of the condition,
act, | ||||||
18 | transaction, occurrence or event and that it satisfies the | ||||||
19 | conditions
of this paragraph shall be prima facie evidence of | ||||||
20 | the facts contained in
such certification. A certification by | ||||||
21 | someone other than the head of the
hospital or agency shall be | ||||||
22 | accompanied by a photocopy of a delegation of
authority signed | ||||||
23 | by both the head of the hospital or agency and by such
other | ||||||
24 | employee. All other circumstances of the making of the | ||||||
25 | memorandum,
record, photograph or x-ray, including lack of | ||||||
26 | personal knowledge of the
maker, may be proved to affect the |
| |||||||
| |||||||
1 | weight to be accorded such evidence,
but shall not affect its | ||||||
2 | admissibility. | ||||||
3 | (b) Any indicated report filed pursuant to the Abused and | ||||||
4 | Neglected Child
Reporting Act shall be admissible in evidence. | ||||||
5 | (c) Previous statements made by the minor relating to any | ||||||
6 | allegations
of abuse or neglect shall be admissible in | ||||||
7 | evidence. However, no such
statement, if uncorroborated and not | ||||||
8 | subject to cross-examination, shall be
sufficient in itself to | ||||||
9 | support a finding of abuse or neglect. | ||||||
10 | (d) There shall be a rebuttable presumption that a minor is | ||||||
11 | competent
to testify in abuse or neglect proceedings. The court | ||||||
12 | shall determine how
much weight to give to the minor's | ||||||
13 | testimony, and may allow the minor to
testify in chambers with | ||||||
14 | only the court, the court reporter and attorneys
for the | ||||||
15 | parties present. | ||||||
16 | (e) The privileged character of communication between any | ||||||
17 | professional
person and patient or client, except privilege | ||||||
18 | between attorney and client,
shall not apply to proceedings | ||||||
19 | subject to this Article. | ||||||
20 | (f) Proof of the impairment of emotional health or | ||||||
21 | impairment of mental
or emotional condition as a result of the | ||||||
22 | failure of the respondent to exercise
a minimum degree of care | ||||||
23 | toward a minor may include competent opinion or
expert | ||||||
24 | testimony, and may include proof that such impairment lessened | ||||||
25 | during
a period when the minor was in the care, custody or | ||||||
26 | supervision of a person
or agency other than the respondent. |
| |||||||
| |||||||
1 | (5) In any hearing under this Act alleging neglect for | ||||||
2 | failure to
provide education as required by law under | ||||||
3 | subsection (1) of Section 2-3,
proof that a minor under 13 | ||||||
4 | years of age who is subject to compulsory
school attendance | ||||||
5 | under the School Code is a chronic truant as defined
under the | ||||||
6 | School Code shall be prima facie evidence of neglect by the
| ||||||
7 | parent or guardian in any hearing under this Act and proof that | ||||||
8 | a minor who
is 13 years of age or older who is subject to | ||||||
9 | compulsory school attendance
under the School Code is a chronic | ||||||
10 | truant shall raise a rebuttable
presumption of neglect by the | ||||||
11 | parent or guardian. This subsection (5)
shall not apply in | ||||||
12 | counties with 2,000,000 or more inhabitants. | ||||||
13 | (6) In any hearing under this Act, the court may take | ||||||
14 | judicial notice of
prior sworn testimony or evidence admitted | ||||||
15 | in prior proceedings involving
the same minor if (a) the | ||||||
16 | parties were either represented by counsel at such
prior | ||||||
17 | proceedings or the right to counsel was knowingly waived and | ||||||
18 | (b) the
taking of judicial notice would not result in admitting | ||||||
19 | hearsay evidence at a
hearing where it would otherwise be | ||||||
20 | prohibited. | ||||||
21 | (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; | ||||||
22 | 97-1150, eff. 1-25-13.)
| ||||||
23 | Section 15. The Adoption Act is amended by changing Section | ||||||
24 | 1 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
2 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
3 | context
otherwise requires:
| ||||||
4 | A. "Child" means a person under legal age subject to | ||||||
5 | adoption under
this Act.
| ||||||
6 | B. "Related child" means a child subject to adoption where | ||||||
7 | either or both of
the adopting parents stands in any of the | ||||||
8 | following relationships to the child
by blood, marriage, | ||||||
9 | adoption, or civil union: parent, grand-parent, | ||||||
10 | great-grandparent, brother, sister, step-parent,
| ||||||
11 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
12 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
13 | person is related to the child as a first cousin or second | ||||||
14 | cousin if they are both related to the same ancestor as either | ||||||
15 | grandchild or great-grandchild. A child whose parent has | ||||||
16 | executed
a consent to adoption, a surrender, or a waiver | ||||||
17 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
18 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
19 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
20 | her parental rights
terminated, is not a related child to that | ||||||
21 | person, unless (1) the consent is
determined to be void or is | ||||||
22 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
23 | the parent of the child executed a consent to adoption by a | ||||||
24 | specified person or persons pursuant to subsection A-1 of | ||||||
25 | Section 10 of this Act and a court of competent jurisdiction | ||||||
26 | finds that such consent is void; or (3) the order terminating |
| |||||||
| |||||||
1 | the parental rights of the parent is vacated by a court of | ||||||
2 | competent jurisdiction.
| ||||||
3 | C. "Agency" for the purpose of this Act means a public | ||||||
4 | child welfare agency
or a licensed child welfare agency.
| ||||||
5 | D. "Unfit person" means any person whom the court shall | ||||||
6 | find to be unfit
to have a child, without regard to the | ||||||
7 | likelihood that the child will be
placed for adoption. The | ||||||
8 | grounds of unfitness are any one or more
of the following, | ||||||
9 | except that a person shall not be considered an unfit
person | ||||||
10 | for the sole reason that the person has relinquished a child in
| ||||||
11 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
12 | (a) Abandonment of the child.
| ||||||
13 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
14 | (a-2) Abandonment of a newborn infant in any setting | ||||||
15 | where the evidence
suggests that the parent intended to | ||||||
16 | relinquish his or her parental rights.
| ||||||
17 | (b) Failure to maintain a reasonable degree of | ||||||
18 | interest, concern or
responsibility as to the child's | ||||||
19 | welfare.
| ||||||
20 | (c) Desertion of the child for more than 3 months next | ||||||
21 | preceding the
commencement of the Adoption proceeding.
| ||||||
22 | (d) Substantial neglect
of the
child if continuous or | ||||||
23 | repeated.
| ||||||
24 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
25 | of any child
residing in the household which resulted in | ||||||
26 | the death of that child.
|
| |||||||
| |||||||
1 | (e) Extreme or repeated cruelty to the child.
| ||||||
2 | (f) There is a rebuttable presumption, which can be | ||||||
3 | overcome only by clear and convincing evidence, that a | ||||||
4 | parent is unfit if:
| ||||||
5 | (1) Two or more findings of physical abuse have | ||||||
6 | been entered regarding any children under Section 2-21 | ||||||
7 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
8 | which was determined by the juvenile court
hearing the | ||||||
9 | matter to be supported by clear and convincing | ||||||
10 | evidence; or | ||||||
11 | (2) The parent has been convicted or found not | ||||||
12 | guilty by reason of insanity and the conviction or | ||||||
13 | finding resulted from the death of any child by | ||||||
14 | physical abuse; or
| ||||||
15 | (3) There is a finding of physical child abuse | ||||||
16 | resulting from the death of any
child under Section | ||||||
17 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
18 | No conviction or finding of delinquency pursuant to | ||||||
19 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
20 | considered a criminal conviction for the purpose of | ||||||
21 | applying any presumption under this item (f).
| ||||||
22 | (g) Failure to protect the child from conditions within | ||||||
23 | his environment
injurious to the child's welfare.
| ||||||
24 | (h) Other neglect of, or misconduct toward the child; | ||||||
25 | provided that in
making a finding of unfitness the court | ||||||
26 | hearing the adoption proceeding
shall not be bound by any |
| |||||||
| |||||||
1 | previous finding, order or judgment affecting
or | ||||||
2 | determining the rights of the parents toward the child | ||||||
3 | sought to be adopted
in any other proceeding except such | ||||||
4 | proceedings terminating parental rights
as shall be had | ||||||
5 | under either this Act, the Juvenile Court Act or
the | ||||||
6 | Juvenile Court Act of 1987.
| ||||||
7 | (i) Depravity. Conviction of any one of the following
| ||||||
8 | crimes shall create a presumption that a parent is depraved | ||||||
9 | which can be
overcome only by clear and convincing | ||||||
10 | evidence:
(1) first degree murder in violation of paragraph | ||||||
11 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
13 | second degree murder in violation of subsection (a) of | ||||||
14 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
16 | first degree murder or second degree murder of any child in
| ||||||
17 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
18 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
19 | murder or second degree murder
of any child in violation of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
21 | solicitation to commit murder of any child, solicitation to
| ||||||
22 | commit murder of any child for hire, or solicitation to | ||||||
23 | commit second
degree murder of any child in violation of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
25 | predatory criminal sexual assault of a child in violation | ||||||
26 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
2 | child in violation of the Criminal Code of 1961; or (7) | ||||||
3 | aggravated battery of any child in violation of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
5 | There is a rebuttable presumption that a parent is | ||||||
6 | depraved if the parent
has been criminally convicted of at | ||||||
7 | least 3 felonies under the laws of this
State or any other | ||||||
8 | state, or under federal law, or the criminal laws of any
| ||||||
9 | United States territory; and at least
one of these
| ||||||
10 | convictions took place within 5 years of the filing of the | ||||||
11 | petition or motion
seeking termination of parental rights.
| ||||||
12 | There is a rebuttable presumption that a parent is | ||||||
13 | depraved if that
parent
has
been criminally convicted of | ||||||
14 | either first or second degree murder of any person
as | ||||||
15 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012 within 10 years of the filing date of
the petition | ||||||
17 | or motion to terminate parental rights. | ||||||
18 | No conviction or finding of delinquency pursuant to | ||||||
19 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
20 | considered a criminal conviction for the purpose of | ||||||
21 | applying any presumption under this item (i).
| ||||||
22 | (j) Open and notorious adultery or fornication.
| ||||||
23 | (j-1) (Blank).
| ||||||
24 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
25 | than those
prescribed by a physician, for at least one year | ||||||
26 | immediately
prior to the commencement of the unfitness |
| |||||||
| |||||||
1 | proceeding.
| ||||||
2 | There is a rebuttable presumption that a parent is | ||||||
3 | unfit under this
subsection
with respect to any child to | ||||||
4 | which that parent gives birth where there is a
confirmed
| ||||||
5 | test result that at birth the child's blood, urine, or | ||||||
6 | meconium contained any
amount of a controlled substance as | ||||||
7 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
8 | Controlled Substances Act or metabolites of such | ||||||
9 | substances, the
presence of which in the newborn infant was | ||||||
10 | not the result of medical treatment
administered to the | ||||||
11 | mother or the newborn infant; and the biological mother of
| ||||||
12 | this child is the biological mother of at least one other | ||||||
13 | child who was
adjudicated a neglected minor under | ||||||
14 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
15 | 1987.
| ||||||
16 | (l) Failure to demonstrate a reasonable degree of | ||||||
17 | interest, concern or
responsibility as to the welfare of a | ||||||
18 | new born child during the first 30
days after its birth.
| ||||||
19 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
20 | to correct the
conditions that were the basis for the | ||||||
21 | removal of the child from the
parent during any 9-month | ||||||
22 | period following the adjudication of neglected or abused | ||||||
23 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
24 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
25 | to make reasonable progress
toward the return of the
child | ||||||
26 | to the parent during any 9-month period following the |
| |||||||
| |||||||
1 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
2 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
3 | Section 2-4 of that Act.
If a service plan has been | ||||||
4 | established as
required under
Section 8.2 of the Abused and | ||||||
5 | Neglected Child Reporting Act to correct the
conditions | ||||||
6 | that were the basis for the removal of the child from the | ||||||
7 | parent
and if those services were available,
then, for | ||||||
8 | purposes of this Act, "failure to make reasonable progress | ||||||
9 | toward the
return of the child to the parent" includes the | ||||||
10 | parent's failure to substantially fulfill his or her | ||||||
11 | obligations
under
the service plan and correct the | ||||||
12 | conditions that brought the child into care
during any | ||||||
13 | 9-month period
following the adjudication under Section | ||||||
14 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
15 | Notwithstanding any other provision, when a petition or | ||||||
16 | motion seeks to terminate parental rights on the basis of | ||||||
17 | item (ii) of this subsection (m), the petitioner shall file | ||||||
18 | with the court and serve on the parties a pleading that | ||||||
19 | specifies the 9-month period or periods relied on. The | ||||||
20 | pleading shall be filed and served on the parties no later | ||||||
21 | than 3 weeks before the date set by the court for closure | ||||||
22 | of discovery, and the allegations in the pleading shall be | ||||||
23 | treated as incorporated into the petition or motion. | ||||||
24 | Failure of a respondent to file a written denial of the | ||||||
25 | allegations in the pleading shall not be treated as an | ||||||
26 | admission that the allegations are true.
|
| |||||||
| |||||||
1 | (m-1) (Blank).
| ||||||
2 | (n) Evidence of intent to forgo his or her parental | ||||||
3 | rights,
whether or
not the child is a ward of the court, | ||||||
4 | (1) as manifested
by his or her failure for a period of 12 | ||||||
5 | months: (i) to visit the child,
(ii) to communicate with | ||||||
6 | the child or agency, although able to do so and
not | ||||||
7 | prevented from doing so by an agency or by court order, or | ||||||
8 | (iii) to
maintain contact with or plan for the future of | ||||||
9 | the child, although physically
able to do so, or (2) as | ||||||
10 | manifested by the father's failure, where he
and the mother | ||||||
11 | of the child were unmarried to each other at the time of | ||||||
12 | the
child's birth, (i) to commence legal proceedings to | ||||||
13 | establish his paternity
under the Illinois Parentage Act of | ||||||
14 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
15 | jurisdiction of
the child's birth within 30 days of being | ||||||
16 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
17 | the father or the likely father of the child or,
after | ||||||
18 | being so informed where the child is not yet born, within | ||||||
19 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
20 | effort to pay a reasonable
amount of the expenses related | ||||||
21 | to the birth of the child and to provide a
reasonable | ||||||
22 | amount for the financial support of the child, the court to
| ||||||
23 | consider in its determination all relevant circumstances, | ||||||
24 | including the
financial condition of both parents; | ||||||
25 | provided that the ground for
termination provided in this | ||||||
26 | subparagraph (n)(2)(ii) shall only be
available where the |
| |||||||
| |||||||
1 | petition is brought by the mother or the husband of
the | ||||||
2 | mother.
| ||||||
3 | Contact or communication by a parent with his or her | ||||||
4 | child that does not
demonstrate affection and concern does | ||||||
5 | not constitute reasonable contact
and planning under | ||||||
6 | subdivision (n). In the absence of evidence to the
| ||||||
7 | contrary, the ability to visit, communicate, maintain | ||||||
8 | contact, pay
expenses and plan for the future shall be | ||||||
9 | presumed. The subjective intent
of the parent, whether | ||||||
10 | expressed or otherwise, unsupported by evidence of
the | ||||||
11 | foregoing parental acts manifesting that intent, shall not | ||||||
12 | preclude a
determination that the parent has intended to | ||||||
13 | forgo his or her
parental
rights. In making this | ||||||
14 | determination, the court may consider but shall not
require | ||||||
15 | a showing of diligent efforts by an authorized agency to | ||||||
16 | encourage
the parent to perform the acts specified in | ||||||
17 | subdivision (n).
| ||||||
18 | It shall be an affirmative defense to any allegation | ||||||
19 | under paragraph
(2) of this subsection that the father's | ||||||
20 | failure was due to circumstances
beyond his control or to | ||||||
21 | impediments created by the mother or any other
person | ||||||
22 | having legal custody. Proof of that fact need only be by a
| ||||||
23 | preponderance of the evidence.
| ||||||
24 | (o) Repeated or continuous failure by the parents, | ||||||
25 | although physically
and financially able, to provide the | ||||||
26 | child with adequate food, clothing,
or shelter.
|
| |||||||
| |||||||
1 | (p) Inability to discharge parental responsibilities | ||||||
2 | supported by
competent evidence from a psychiatrist, | ||||||
3 | licensed clinical social
worker, or clinical psychologist | ||||||
4 | of mental
impairment, mental illness or an intellectual | ||||||
5 | disability as defined in Section
1-116 of the Mental Health | ||||||
6 | and Developmental Disabilities Code, or
developmental | ||||||
7 | disability as defined in Section 1-106 of that Code, and
| ||||||
8 | there is sufficient justification to believe that the | ||||||
9 | inability to
discharge parental responsibilities shall | ||||||
10 | extend beyond a reasonable
time period. However, this | ||||||
11 | subdivision (p) shall not be construed so as to
permit a | ||||||
12 | licensed clinical social worker to conduct any medical | ||||||
13 | diagnosis to
determine mental illness or mental | ||||||
14 | impairment.
| ||||||
15 | (q) (Blank).
| ||||||
16 | (r) The child is in the temporary custody or | ||||||
17 | guardianship of the
Department of Children and Family | ||||||
18 | Services, the parent is incarcerated as a
result of | ||||||
19 | criminal conviction at the time the petition or motion for
| ||||||
20 | termination of parental rights is filed, prior to | ||||||
21 | incarceration the parent had
little or no contact with the | ||||||
22 | child or provided little or no support for the
child, and | ||||||
23 | the parent's incarceration will prevent the parent from | ||||||
24 | discharging
his or her parental responsibilities for the | ||||||
25 | child for a period in excess of 2
years after the filing of | ||||||
26 | the petition or motion for termination of parental
rights.
|
| |||||||
| |||||||
1 | (s) The child is in the temporary custody or | ||||||
2 | guardianship of the
Department of Children and Family | ||||||
3 | Services, the parent is incarcerated at the
time the | ||||||
4 | petition or motion for termination of parental rights is | ||||||
5 | filed, the
parent has been repeatedly incarcerated as a | ||||||
6 | result of criminal convictions,
and the parent's repeated | ||||||
7 | incarceration has prevented the parent from
discharging | ||||||
8 | his or her parental responsibilities for the child.
| ||||||
9 | (t) A finding that at birth the child's umbilical cord | ||||||
10 | tissue, blood,
urine, or meconium contained any amount of a | ||||||
11 | controlled substance as
defined in subsection (f) of | ||||||
12 | Section 102 of the Illinois Controlled Substances
Act, or a | ||||||
13 | metabolite of a controlled substance, with the exception of
| ||||||
14 | controlled substances or metabolites of such substances, | ||||||
15 | the presence of which
in the newborn infant was the result | ||||||
16 | of medical treatment administered to the
mother or the | ||||||
17 | newborn infant, and that the biological mother of this | ||||||
18 | child is
the biological mother of at least one other child | ||||||
19 | who was adjudicated a
neglected minor under subsection (c) | ||||||
20 | of Section 2-3 of the Juvenile Court Act
of 1987, after | ||||||
21 | which the biological mother had the opportunity to enroll | ||||||
22 | in
and participate in a clinically appropriate substance | ||||||
23 | abuse
counseling, treatment, and rehabilitation program. | ||||||
24 | Nothing in the preceding sentence is intended to limit the | ||||||
25 | type of medically reliable testing that can establish that | ||||||
26 | a controlled substance or metabolite thereof is present in |
| |||||||
| |||||||
1 | a newborn infant.
| ||||||
2 | E. "Parent" means a person who is the legal mother or legal | ||||||
3 | father of the child as defined in subsection X or Y of this | ||||||
4 | Section. For the purpose of this Act, a parent who has executed | ||||||
5 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
6 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
7 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
8 | of this Act, or whose parental rights have been terminated by a | ||||||
9 | court, is not a parent of the child who was the subject of the | ||||||
10 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
11 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
12 | the person executed a consent to adoption by a specified person | ||||||
13 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
14 | and a court of competent jurisdiction finds that the consent is | ||||||
15 | void; or (3) the order terminating the parental rights of the | ||||||
16 | person is vacated by a court of competent jurisdiction.
| ||||||
17 | F. A person is available for adoption when the person is:
| ||||||
18 | (a) a child who has been surrendered for adoption to an | ||||||
19 | agency and to
whose adoption the agency has thereafter | ||||||
20 | consented;
| ||||||
21 | (b) a child to whose adoption a person authorized by | ||||||
22 | law, other than his
parents, has consented, or to whose | ||||||
23 | adoption no consent is required pursuant
to Section 8 of | ||||||
24 | this Act;
| ||||||
25 | (c) a child who is in the custody of persons who intend | ||||||
26 | to adopt him
through placement made by his parents;
|
| |||||||
| |||||||
1 | (c-1) a child for whom a parent has signed a specific | ||||||
2 | consent pursuant
to subsection O of Section 10;
| ||||||
3 | (d) an adult who meets the conditions set forth in | ||||||
4 | Section 3 of this
Act; or
| ||||||
5 | (e) a child who has been relinquished as defined in | ||||||
6 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
7 | A person who would otherwise be available for adoption | ||||||
8 | shall not be
deemed unavailable for adoption solely by reason | ||||||
9 | of his or her death.
| ||||||
10 | G. The singular includes the plural and the plural includes
| ||||||
11 | the singular and the "male" includes the "female", as the | ||||||
12 | context of this
Act may require.
| ||||||
13 | H. (Blank).
| ||||||
14 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
15 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
16 | promulgated thereunder.
| ||||||
17 | J. "Immediate relatives" means the biological parents, the | ||||||
18 | parents of
the biological parents and siblings of the | ||||||
19 | biological parents.
| ||||||
20 | K. "Intercountry adoption" is a process by which a child | ||||||
21 | from a country
other than the United States is adopted by | ||||||
22 | persons who are habitual residents of the United States, or the | ||||||
23 | child is a habitual resident of the United States who is | ||||||
24 | adopted by persons who are habitual residents of a country | ||||||
25 | other than the United States.
| ||||||
26 | L. (Blank).
|
| |||||||
| |||||||
1 | M. "Interstate Compact on the Placement of Children" is a | ||||||
2 | law enacted by all
states and certain territories for the | ||||||
3 | purpose of establishing uniform procedures for handling
the | ||||||
4 | interstate placement of children in foster homes, adoptive | ||||||
5 | homes, or
other child care facilities.
| ||||||
6 | N. (Blank).
| ||||||
7 | O. "Preadoption requirements" means any conditions or | ||||||
8 | standards established by the laws or administrative rules of | ||||||
9 | this State that must be met by a prospective adoptive parent
| ||||||
10 | prior to the placement of a child in an adoptive home.
| ||||||
11 | P. "Abused child" means a child whose parent or immediate | ||||||
12 | family member,
or any person responsible for the child's | ||||||
13 | welfare, or any individual
residing in the same home as the | ||||||
14 | child, or a paramour of the child's parent:
| ||||||
15 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
16 | inflicted upon
the child physical injury, by other than | ||||||
17 | accidental means, that causes
death, disfigurement, | ||||||
18 | impairment of physical or emotional health, or loss
or | ||||||
19 | impairment of any bodily function;
| ||||||
20 | (b) creates a substantial risk of physical injury to | ||||||
21 | the child by
other than accidental means which would be | ||||||
22 | likely to cause death,
disfigurement, impairment of | ||||||
23 | physical or emotional health, or loss or
impairment of any | ||||||
24 | bodily function;
| ||||||
25 | (c) commits or allows to be committed any sex offense | ||||||
26 | against the child,
as sex offenses are defined in the |
| |||||||
| |||||||
1 | Criminal Code of 2012
and extending those definitions of | ||||||
2 | sex offenses to include children under
18 years of age;
| ||||||
3 | (d) commits or allows to be committed an act or acts of | ||||||
4 | torture upon
the child; or
| ||||||
5 | (e) inflicts excessive corporal punishment.
| ||||||
6 | Q. "Neglected child" means any child whose parent or other | ||||||
7 | person
responsible for the child's welfare withholds or denies | ||||||
8 | nourishment or
medically indicated treatment including food or | ||||||
9 | care denied solely on the
basis of the present or anticipated | ||||||
10 | mental or physical impairment as determined
by a physician | ||||||
11 | acting alone or in consultation with other physicians or
| ||||||
12 | otherwise does not provide the proper or necessary support, | ||||||
13 | education
as required by law, or medical or other remedial care | ||||||
14 | recognized under State
law as necessary for a child's | ||||||
15 | well-being, or other care necessary for his
or her well-being, | ||||||
16 | including adequate food, clothing and shelter; or who
is | ||||||
17 | abandoned by his or her parents or other person responsible for | ||||||
18 | the child's
welfare.
| ||||||
19 | A child shall not be considered neglected or abused for the
| ||||||
20 | sole reason that the child's parent or other person responsible | ||||||
21 | for his
or her welfare depends upon spiritual means through | ||||||
22 | prayer alone for the
treatment or cure of disease or remedial | ||||||
23 | care as provided under Section 4
of the Abused and Neglected | ||||||
24 | Child Reporting Act.
A child shall not be considered neglected | ||||||
25 | or abused for the sole reason that
the child's parent or other | ||||||
26 | person responsible for the child's welfare failed
to vaccinate, |
| |||||||
| |||||||
1 | delayed vaccination, or refused vaccination for the child
due | ||||||
2 | to a waiver on religious or medical grounds as permitted by | ||||||
3 | law.
| ||||||
4 | R. "Putative father" means a man who may be a child's | ||||||
5 | father, but who (1) is
not married to the child's mother on or | ||||||
6 | before the date that the child was or
is to be born and (2) has | ||||||
7 | not established paternity of the child in a court
proceeding | ||||||
8 | before the filing of a petition for the adoption of the child. | ||||||
9 | The
term includes a male who is less than 18 years of age. | ||||||
10 | "Putative father" does
not mean a man who is the child's father | ||||||
11 | as a result of criminal sexual abuse
or assault as defined | ||||||
12 | under Article 11 of the Criminal Code of 2012.
| ||||||
13 | S. "Standby adoption" means an adoption in which a parent
| ||||||
14 | consents to custody and termination of parental rights to | ||||||
15 | become
effective upon the occurrence of a future event, which | ||||||
16 | is either the death of
the
parent or the request of the parent
| ||||||
17 | for the entry of a final judgment of adoption.
| ||||||
18 | T. (Blank).
| ||||||
19 | T-5. "Biological parent", "birth parent", or "natural | ||||||
20 | parent" of a child are interchangeable terms that mean a person | ||||||
21 | who is biologically or genetically related to that child as a | ||||||
22 | parent. | ||||||
23 | U. "Interstate adoption" means the placement of a minor | ||||||
24 | child with a prospective adoptive parent for the purpose of | ||||||
25 | pursuing an adoption for that child that is subject to the | ||||||
26 | provisions of the Interstate Compact on Placement of Children. |
| |||||||
| |||||||
1 | V. (Blank). | ||||||
2 | W. (Blank). | ||||||
3 | X. "Legal father" of a child means a man who is recognized | ||||||
4 | as or presumed to be that child's father: | ||||||
5 | (1) because of his marriage to or civil union with the | ||||||
6 | child's parent at the time of the child's birth or within | ||||||
7 | 300 days prior to that child's birth, unless he signed a | ||||||
8 | denial of paternity pursuant to Section 12 of the Vital | ||||||
9 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
10 | or | ||||||
11 | (2) because his paternity of the child has been | ||||||
12 | established pursuant to the Illinois Parentage Act, the | ||||||
13 | Illinois Parentage Act of 1984, or the Gestational | ||||||
14 | Surrogacy Act; or | ||||||
15 | (3) because he is listed as the child's father or | ||||||
16 | parent on the child's birth certificate, unless he is | ||||||
17 | otherwise determined by an administrative or judicial | ||||||
18 | proceeding not to be the parent of the child or unless he | ||||||
19 | rescinds his acknowledgment of paternity pursuant to the | ||||||
20 | Illinois Parentage Act of 1984; or | ||||||
21 | (4) because his paternity or adoption of the child has | ||||||
22 | been established by a court of competent jurisdiction. | ||||||
23 | The definition in this subsection X shall not be construed | ||||||
24 | to provide greater or lesser rights as to the number of parents | ||||||
25 | who can be named on a final judgment order of adoption or | ||||||
26 | Illinois birth certificate that otherwise exist under Illinois |
| |||||||
| |||||||
1 | law. | ||||||
2 | Y. "Legal mother" of a child means a woman who is | ||||||
3 | recognized as or presumed to be that child's mother: | ||||||
4 | (1) because she gave birth to the child except as | ||||||
5 | provided in the Gestational Surrogacy Act; or | ||||||
6 | (2) because her maternity of the child has been | ||||||
7 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
8 | or the Gestational Surrogacy Act; or | ||||||
9 | (3) because her maternity or adoption of the child has | ||||||
10 | been established by a court of competent jurisdiction; or | ||||||
11 | (4) because of her marriage to or civil union with the | ||||||
12 | child's other parent at the time of the child's birth or | ||||||
13 | within 300 days prior to the time of birth; or | ||||||
14 | (5) because she is listed as the child's mother or | ||||||
15 | parent on the child's birth certificate unless she is | ||||||
16 | otherwise determined by an administrative or judicial | ||||||
17 | proceeding not to be the parent of the child. | ||||||
18 | The definition in this subsection Y shall not be construed | ||||||
19 | to provide greater or lesser rights as to the number of parents | ||||||
20 | who can be named on a final judgment order of adoption or | ||||||
21 | Illinois birth certificate that otherwise exist under Illinois | ||||||
22 | law. | ||||||
23 | Z. "Department" means the Illinois Department of Children | ||||||
24 | and Family Services. | ||||||
25 | AA. "Placement disruption" means a circumstance where the | ||||||
26 | child is removed from an adoptive placement before the adoption |
| |||||||
| |||||||
1 | is finalized. | ||||||
2 | BB. "Secondary placement" means a placement, including but | ||||||
3 | not limited to the placement of a ward of the Department, that | ||||||
4 | occurs after a placement disruption or an adoption dissolution. | ||||||
5 | "Secondary placement" does not mean secondary placements | ||||||
6 | arising due to the death of the adoptive parent of the child. | ||||||
7 | CC. "Adoption dissolution" means a circumstance where the | ||||||
8 | child is removed from an adoptive placement after the adoption | ||||||
9 | is finalized. | ||||||
10 | DD. "Unregulated placement" means the secondary placement | ||||||
11 | of a child that occurs without the oversight of the courts, the | ||||||
12 | Department, or a licensed child welfare agency. | ||||||
13 | EE. "Post-placement and post-adoption support services" | ||||||
14 | means support services for placed or adopted children and | ||||||
15 | families that include, but are not limited to, counseling for | ||||||
16 | emotional, behavioral, or developmental needs. | ||||||
17 | (Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804, | ||||||
18 | eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | ||||||
19 | eff. 7-28-16; 99-836, eff. 1-1-17 .)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|