Bill Text: IL SB3668 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the School Code. Removes language exempting children from medical examinations and immunizations on religious grounds. Makes other changes. Amends the College Student Immunization Act. Removes language exempting proof of immunization if specified persons object to immunizations on religious grounds. Amends the Consent by Minors to Health Care Services Act. Provides that, notwithstanding any other provision of law to the contrary, a minor who is 14 years of age or older shall have the right to have administered to the minor an adequate dose or doses of an immunizing agent, vaccine, or booster shot for communicable diseases, regardless of whether the minor's parent or guardian consents to the administration of the immunizing agent, vaccine, or booster shot. Amends the Communicable Disease Prevention Act. Removes language providing that the Act does not apply if a parent or guardian of a child objects to immunization of his or her child for conflicting with his or her religious tenets or practices. Amends the Immunization Data Registry Act. Provides that specified persons shall (currently, may) provide immunization data or provider reports for patients less than 14 (currently, 18). Amends the Adoption Act. Removes language providing that a child shall not be considered neglected or abused for the sole reason that specified persons failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious grounds. Repeals the Mercury-Free Vaccination Act. Effective July 1, 2022.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-02-14 - Referred to Assignments [SB3668 Detail]

Download: Illinois-2019-SB3668-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3668

Introduced 2/14/2020, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
110 ILCS 20/3 from Ch. 144, par. 2603
410 ILCS 210/4.5 new
410 ILCS 315/1.5
410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
410 ILCS 527/15
750 ILCS 50/1 from Ch. 40, par. 1501
410 ILCS 51/Act rep.

Amends the School Code. Removes language exempting children from medical examinations and immunizations on religious grounds. Makes other changes. Amends the College Student Immunization Act. Removes language exempting proof of immunization if specified persons object to immunizations on religious grounds. Amends the Consent by Minors to Health Care Services Act. Provides that, notwithstanding any other provision of law to the contrary, a minor who is 14 years of age or older shall have the right to have administered to the minor an adequate dose or doses of an immunizing agent, vaccine, or booster shot for communicable diseases, regardless of whether the minor's parent or guardian consents to the administration of the immunizing agent, vaccine, or booster shot. Amends the Communicable Disease Prevention Act. Removes language providing that the Act does not apply if a parent or guardian of a child objects to immunization of his or her child for conflicting with his or her religious tenets or practices. Amends the Immunization Data Registry Act. Provides that specified persons shall (currently, may) provide immunization data or provider reports for patients less than 14 (currently, 18). Amends the Adoption Act. Removes language providing that a child shall not be considered neglected or abused for the sole reason that specified persons failed to vaccinate, delayed vaccination, or refused vaccination for the child due to a waiver on religious grounds. Repeals the Mercury-Free Vaccination Act. Effective July 1, 2022.
LRB101 18834 CPF 68291 b

A BILL FOR

SB3668LRB101 18834 CPF 68291 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
527-8.1 as follows:
6 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
7 Sec. 27-8.1. Health examinations and immunizations.
8 (1) In compliance with rules and regulations which the
9Department of Public Health shall promulgate, and except as
10hereinafter provided, all children in Illinois shall have a
11health examination as follows: within one year prior to
12entering kindergarten or the first grade of any public,
13private, or parochial elementary school; upon entering the
14sixth and ninth grades of any public, private, or parochial
15school; prior to entrance into any public, private, or
16parochial nursery school; and, irrespective of grade,
17immediately prior to or upon entrance into any public, private,
18or parochial school or nursery school, each child shall present
19proof of having been examined in accordance with this Section
20and the rules and regulations promulgated hereunder. Any child
21who received a health examination within one year prior to
22entering the fifth grade for the 2007-2008 school year is not
23required to receive an additional health examination in order

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1to comply with the provisions of Public Act 95-422 when he or
2she attends school for the 2008-2009 school year, unless the
3child is attending school for the first time as provided in
4this paragraph.
5 A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to have
12their children undergo eye examinations at the same points in
13time required for health examinations.
14 (1.5) In compliance with rules adopted by the Department of
15Public Health and except as otherwise provided in this Section,
16all children in kindergarten and the second, sixth, and ninth
17grades of any public, private, or parochial school shall have a
18dental examination. Each of these children shall present proof
19of having been examined by a dentist in accordance with this
20Section and rules adopted under this Section before May 15th of
21the school year. If a child in the second, sixth, or ninth
22grade fails to present proof by May 15th, the school may hold
23the child's report card until one of the following occurs: (i)
24the child presents proof of a completed dental examination or
25(ii) the child presents proof that a dental examination will
26take place within 60 days after May 15th. The Department of

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1Public Health shall establish, by rule, a waiver for children
2who show an undue burden or a lack of access to a dentist. Each
3public, private, and parochial school must give notice of this
4dental examination requirement to the parents and guardians of
5students at least 60 days before May 15th of each school year.
6 (1.10) Except as otherwise provided in this Section, all
7children enrolling in kindergarten in a public, private, or
8parochial school on or after January 1, 2008 (the effective
9date of Public Act 95-671) and any student enrolling for the
10first time in a public, private, or parochial school on or
11after January 1, 2008 (the effective date of Public Act 95-671)
12shall have an eye examination. Each of these children shall
13present proof of having been examined by a physician licensed
14to practice medicine in all of its branches or a licensed
15optometrist within the previous year, in accordance with this
16Section and rules adopted under this Section, before October
1715th of the school year. If the child fails to present proof by
18October 15th, the school may hold the child's report card until
19one of the following occurs: (i) the child presents proof of a
20completed eye examination or (ii) the child presents proof that
21an eye examination will take place within 60 days after October
2215th. The Department of Public Health shall establish, by rule,
23a waiver for children who show an undue burden or a lack of
24access to a physician licensed to practice medicine in all of
25its branches who provides eye examinations or to a licensed
26optometrist. Each public, private, and parochial school must

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1give notice of this eye examination requirement to the parents
2and guardians of students in compliance with rules of the
3Department of Public Health. Nothing in this Section shall be
4construed to allow a school to exclude a child from attending
5because of a parent's or guardian's failure to obtain an eye
6examination for the child.
7 (2) The Department of Public Health shall promulgate rules
8and regulations specifying the examinations and procedures
9that constitute a health examination, which shall include an
10age-appropriate developmental screening, an age-appropriate
11social and emotional screening, and the collection of data
12relating to asthma and obesity (including at a minimum, date of
13birth, gender, height, weight, blood pressure, and date of
14exam), and a dental examination and may recommend by rule that
15certain additional examinations be performed. The rules and
16regulations of the Department of Public Health shall specify
17that a tuberculosis skin test screening shall be included as a
18required part of each health examination included under this
19Section if the child resides in an area designated by the
20Department of Public Health as having a high incidence of
21tuberculosis. With respect to the developmental screening and
22the social and emotional screening, the Department of Public
23Health must, no later than January 1, 2019, develop rules and
24appropriate revisions to the Child Health Examination form in
25conjunction with a statewide organization representing school
26boards; a statewide organization representing pediatricians;

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1statewide organizations representing individuals holding
2Illinois educator licenses with school support personnel
3endorsements, including school social workers, school
4psychologists, and school nurses; a statewide organization
5representing children's mental health experts; a statewide
6organization representing school principals; the Director of
7Healthcare and Family Services or his or her designee, the
8State Superintendent of Education or his or her designee; and
9representatives of other appropriate State agencies and, at a
10minimum, must recommend the use of validated screening tools
11appropriate to the child's age or grade, and, with regard to
12the social and emotional screening, require recording only
13whether or not the screening was completed. The rules shall
14take into consideration the screening recommendations of the
15American Academy of Pediatrics and must be consistent with the
16State Board of Education's social and emotional learning
17standards. The Department of Public Health shall specify that a
18diabetes screening as defined by rule shall be included as a
19required part of each health examination. Diabetes testing is
20not required.
21 Physicians licensed to practice medicine in all of its
22branches, licensed advanced practice registered nurses, or
23licensed physician assistants shall be responsible for the
24performance of the health examinations, other than dental
25examinations, eye examinations, and vision and hearing
26screening, and shall sign all report forms required by

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1subsection (4) of this Section that pertain to those portions
2of the health examination for which the physician, advanced
3practice registered nurse, or physician assistant is
4responsible. If a registered nurse performs any part of a
5health examination, then a physician licensed to practice
6medicine in all of its branches must review and sign all
7required report forms. Licensed dentists shall perform all
8dental examinations and shall sign all report forms required by
9subsection (4) of this Section that pertain to the dental
10examinations. Physicians licensed to practice medicine in all
11its branches or licensed optometrists shall perform all eye
12examinations required by this Section and shall sign all report
13forms required by subsection (4) of this Section that pertain
14to the eye examination. For purposes of this Section, an eye
15examination shall at a minimum include history, visual acuity,
16subjective refraction to best visual acuity near and far,
17internal and external examination, and a glaucoma evaluation,
18as well as any other tests or observations that in the
19professional judgment of the doctor are necessary. Vision and
20hearing screening tests, which shall not be considered
21examinations as that term is used in this Section, shall be
22conducted in accordance with rules and regulations of the
23Department of Public Health, and by individuals whom the
24Department of Public Health has certified. In these rules and
25regulations, the Department of Public Health shall require that
26individuals conducting vision screening tests give a child's

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1parent or guardian written notification, before the vision
2screening is conducted, that states, "Vision screening is not a
3substitute for a complete eye and vision evaluation by an eye
4doctor. Your child is not required to undergo this vision
5screening if an optometrist or ophthalmologist has completed
6and signed a report form indicating that an examination has
7been administered within the previous 12 months.".
8 (2.5) With respect to the developmental screening and the
9social and emotional screening portion of the health
10examination, each child may present proof of having been
11screened in accordance with this Section and the rules adopted
12under this Section before October 15th of the school year. With
13regard to the social and emotional screening only, the
14examining health care provider shall only record whether or not
15the screening was completed. If the child fails to present
16proof of the developmental screening or the social and
17emotional screening portions of the health examination by
18October 15th of the school year, qualified school support
19personnel may, with a parent's or guardian's consent, offer the
20developmental screening or the social and emotional screening
21to the child. Each public, private, and parochial school must
22give notice of the developmental screening and social and
23emotional screening requirements to the parents and guardians
24of students in compliance with the rules of the Department of
25Public Health. Nothing in this Section shall be construed to
26allow a school to exclude a child from attending because of a

SB3668- 8 -LRB101 18834 CPF 68291 b
1parent's or guardian's failure to obtain a developmental
2screening or a social and emotional screening for the child.
3Once a developmental screening or a social and emotional
4screening is completed and proof has been presented to the
5school, the school may, with a parent's or guardian's consent,
6make available appropriate school personnel to work with the
7parent or guardian, the child, and the provider who signed the
8screening form to obtain any appropriate evaluations and
9services as indicated on the form and in other information and
10documentation provided by the parents, guardians, or provider.
11 (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1) of
13this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18 (4) The individuals conducting the health examination,
19dental examination, or eye examination shall record the fact of
20having conducted the examination, and such additional
21information as required, including for a health examination
22data relating to asthma and obesity (including at a minimum,
23date of birth, gender, height, weight, blood pressure, and date
24of exam), on uniform forms which the Department of Public
25Health and the State Board of Education shall prescribe for
26statewide use. The examiner shall summarize on the report form

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1any condition that he or she suspects indicates a need for
2special services, including for a health examination factors
3relating to asthma or obesity. The duty to summarize on the
4report form does not apply to social and emotional screenings.
5The confidentiality of the information and records relating to
6the developmental screening and the social and emotional
7screening shall be determined by the statutes, rules, and
8professional ethics governing the type of provider conducting
9the screening. The individuals confirming the administration
10of required immunizations shall record as indicated on the form
11that the immunizations were administered.
12 (5) If a child does not submit proof of having had either
13the health examination or the immunization as required, then
14the child shall be examined or receive the immunization, as the
15case may be, and present proof by October 15 of the current
16school year, or by an earlier date of the current school year
17established by a school district. To establish a date before
18October 15 of the current school year for the health
19examination or immunization as required, a school district must
20give notice of the requirements of this Section 60 days prior
21to the earlier established date. If for medical reasons one or
22more of the required immunizations must be given after October
2315 of the current school year, or after an earlier established
24date of the current school year, then the child shall present,
25by October 15, or by the earlier established date, a schedule
26for the administration of the immunizations and a statement of

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1the medical reasons causing the delay, both the schedule and
2the statement being issued by the physician, advanced practice
3registered nurse, physician assistant, registered nurse, or
4local health department that will be responsible for
5administration of the remaining required immunizations. If a
6child does not comply by October 15, or by the earlier
7established date of the current school year, with the
8requirements of this subsection, then the local school
9authority shall exclude that child from school until such time
10as the child presents proof of having had the health
11examination as required and presents proof of having received
12those required immunizations which are medically possible to
13receive immediately. During a child's exclusion from school for
14noncompliance with this subsection, the child's parents or
15legal guardian shall be considered in violation of Section 26-1
16and subject to any penalty imposed by Section 26-10. This
17subsection (5) does not apply to dental examinations, eye
18examinations, and the developmental screening and the social
19and emotional screening portions of the health examination. If
20the student is an out-of-state transfer student and does not
21have the proof required under this subsection (5) before
22October 15 of the current year or whatever date is set by the
23school district, then he or she may only attend classes (i) if
24he or she has proof that an appointment for the required
25vaccinations has been scheduled with a party authorized to
26submit proof of the required vaccinations. If the proof of

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1vaccination required under this subsection (5) is not submitted
2within 30 days after the student is permitted to attend
3classes, then the student is not to be permitted to attend
4classes until proof of the vaccinations has been properly
5submitted. No school district or employee of a school district
6shall be held liable for any injury or illness to another
7person that results from admitting an out-of-state transfer
8student to class that has an appointment scheduled pursuant to
9this subsection (5).
10 (6) Every school shall report to the State Board of
11Education by November 15, in the manner which that agency shall
12require, the number of children who have received the necessary
13immunizations and the health examination (other than a dental
14examination or eye examination) as required, indicating, of
15those who have not received the immunizations and examination
16as required, the number of children who are exempt from health
17examination and immunization requirements on religious or
18medical grounds as provided in subsection (8). On or before
19December 1 of each year, every public school district and
20registered nonpublic school shall make publicly available the
21immunization data they are required to submit to the State
22Board of Education by November 15. The immunization data made
23publicly available must be identical to the data the school
24district or school has reported to the State Board of
25Education.
26 Every school shall report to the State Board of Education

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1by June 30, in the manner that the State Board requires, the
2number of children who have received the required dental
3examination, indicating, of those who have not received the
4required dental examination, the number of children who are
5exempt from the dental examination on religious grounds as
6provided in subsection (8) of this Section and the number of
7children who have received a waiver under subsection (1.5) of
8this Section.
9 Every school shall report to the State Board of Education
10by June 30, in the manner that the State Board requires, the
11number of children who have received the required eye
12examination, indicating, of those who have not received the
13required eye examination, the number of children who are exempt
14from the eye examination as provided in subsection (8) of this
15Section, the number of children who have received a waiver
16under subsection (1.10) of this Section, and the total number
17of children in noncompliance with the eye examination
18requirement.
19 The reported information under this subsection (6) shall be
20provided to the Department of Public Health by the State Board
21of Education.
22 (7) Upon determining that the number of pupils who are
23required to be in compliance with subsection (5) of this
24Section is below 90% of the number of pupils enrolled in the
25school district, 10% of each State aid payment made pursuant to
26Section 18-8.05 or 18-8.15 to the school district for such year

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1may be withheld by the State Board of Education until the
2number of students in compliance with subsection (5) is the
3applicable specified percentage or higher.
4 (8) Children of parents or legal guardians who object to
5health, dental, or eye examinations or any part thereof, to
6immunizations, or to vision and hearing screening tests on
7religious grounds shall not be required to undergo the
8examinations, tests, or immunizations to which they so object
9if such parents or legal guardians present to the appropriate
10local school authority a signed Certificate of Religious
11Exemption detailing the grounds for objection and the specific
12immunizations, tests, or examinations to which they object. The
13grounds for objection must set forth the specific religious
14belief that conflicts with the examination, test,
15immunization, or other medical intervention. The signed
16certificate shall also reflect the parent's or legal guardian's
17understanding of the school's exclusion policies in the case of
18a vaccine-preventable disease outbreak or exposure. The
19certificate must also be signed by the authorized examining
20health care provider responsible for the performance of the
21child's health examination confirming that the provider
22provided education to the parent or legal guardian on the
23benefits of immunization and the health risks to the student
24and to the community of the communicable diseases for which
25immunization is required in this State. However, the health
26care provider's signature on the certificate reflects only that

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1education was provided and does not allow a health care
2provider grounds to determine a religious exemption. Those
3receiving immunizations required under this Code shall be
4provided with the relevant vaccine information statements that
5are required to be disseminated by the federal National
6Childhood Vaccine Injury Act of 1986, which may contain
7information on circumstances when a vaccine should not be
8administered, prior to administering a vaccine. A healthcare
9provider may consider including without limitation the
10nationally accepted recommendations from federal agencies such
11as the Advisory Committee on Immunization Practices (ACIP), the
12information outlined in the relevant vaccine information
13statement, and vaccine package inserts, along with the
14healthcare provider's clinical judgment, to determine whether
15any child may be exempted from required immunizations based on
16ACIP-defined contraindications more susceptible to
17experiencing an adverse vaccine reaction than the general
18population, and, if so, the healthcare provider may exempt the
19child from an immunization or adopt an individualized
20immunization schedule. The child's medical exemption shall be
21re-certified by the healthcare provider each school year. The
22Department of Public Health shall adopt administrative rules to
23exclude unvaccinated children when a school's vaccination rate
24per disease falls below the scientifically established herd
25immunity level in accordance with the Department's rules under
2677 Ill. Adm. Code 690. The Certificate of Religious Exemption

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1shall be created by the Department of Public Health and shall
2be made available and used by parents and legal guardians by
3the beginning of the 2015-2016 school year. Parents or legal
4guardians must submit the Certificate of Religious Exemption to
5their local school authority prior to entering kindergarten,
6sixth grade, and ninth grade for each child for which they are
7requesting an exemption. The religious objection stated need
8not be directed by the tenets of an established religious
9organization. However, general philosophical or moral
10reluctance to allow physical examinations, eye examinations,
11immunizations, vision and hearing screenings, or dental
12examinations does not provide a sufficient basis for an
13exception to statutory requirements. The local school
14authority is responsible for determining if the content of the
15Certificate of Religious Exemption constitutes a valid
16religious objection. The local school authority shall inform
17the parent or legal guardian of exclusion procedures, in
18accordance with the Department's rules under Part 690 of Title
1977 of the Illinois Administrative Code, at the time the
20objection is presented.
21 If the physical condition of the child is such that any one
22or more of the immunizing agents should not be administered,
23the examining physician, advanced practice registered nurse,
24or physician assistant responsible for the performance of the
25health examination shall endorse that fact upon the health
26examination form.

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1 A medical exemption from immunizations Exempting a child
2from the health, dental, or eye examination does not exempt the
3child from participation in the program of physical education
4training provided in Sections 27-5 through 27-7 of this Code.
5 (8.5) The school board of a school district shall include
6informational materials regarding influenza and influenza
7vaccinations and meningococcal disease and meningococcal
8vaccinations developed, provided, or approved by the
9Department of Public Health under Section 2310-700 of the
10Department of Public Health Powers and Duties Law of the Civil
11Administrative Code of Illinois when the board provides
12information on immunizations, infectious diseases,
13medications, or other school health issues to the parents or
14guardians of students.
15 (9) For the purposes of this Section, "nursery schools"
16means those nursery schools operated by elementary school
17systems or secondary level school units or institutions of
18higher learning.
19(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
20100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
218-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
22eff. 7-12-19.)
23 Section 10. The College Student Immunization Act is amended
24by changing Section 3 as follows:

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1 (110 ILCS 20/3) (from Ch. 144, par. 2603)
2 Sec. 3. Exceptions.
3 (a) The provisions of this Act shall not apply to: (1)
4persons enrolled in a post-secondary educational institution
5on or before the effective date of this Act; (2) persons
6enrolled less than half-time during a term or semester; or (3)
7persons whose instruction solely involves research, field work
8or study outside of a classroom environment.
9 (b) No proof of immunization shall be required if a
10physician licensed to practice medicine in all of its branches
11certifies that any immunization required by the Department is
12medically contraindicated.
13 (c) (Blank) No proof of immunization shall be required if
14the person or his or her parent or guardian presents a signed
15statement that he or she objects to immunizations on religious
16grounds.
17 (d) The certificate of medical exemption or statement of
18religious objection required by this Section shall be presented
19to the post-secondary educational institution.
20(Source: P.A. 85-1315; 86-1406.)
21 Section 15. The Consent by Minors to Health Care Services
22Act is amended by adding Section 4.5 as follows:
23 (410 ILCS 210/4.5 new)
24 Sec. 4.5. Immunization. Notwithstanding any other

SB3668- 18 -LRB101 18834 CPF 68291 b
1provision of law to the contrary, a minor who is 14 years of
2age or older shall have the right to have administered to the
3minor, by a licensed health care provider or properly
4authorized pharmacist in Illinois, an adequate dose or doses of
5an immunizing agent, vaccine, or booster shot for communicable
6diseases, including, but not limited to, poliomyelitis, mumps,
7measles, diphtheria, rubella, varicella, Haemophilus influenza
8type b (Hib), pertussis, tetanus, pneumococcal disease,
9meningococcal disease, human papillomavirus (HPV), hepatitis
10B, or influenza, regardless of whether the minor's parent or
11guardian consents to the administration of the immunizing
12agent, vaccine, or booster shot. If the minor's parent or
13guardian does not consent, the minor shall be deemed to have
14the same legal capacity to act and the same powers and
15obligations as a person of legal age of majority. The consent
16of the minor to the administration of an immunizing agent,
17vaccine, or booster shot shall be valid and binding as if the
18minor had attained the age of majority. The consent shall not
19be voidable or subject to later disaffirmance because of
20minority.
21 Section 20. The Communicable Disease Prevention Act is
22amended by changing Sections 1.5 and 2 as follows:
23 (410 ILCS 315/1.5)
24 Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding

SB3668- 19 -LRB101 18834 CPF 68291 b
1Section 2 of this Act, within 30 days of the effective date of
2this amendatory Act of the 95th General Assembly, the
3Department shall promulgate rules and regulations, and shall
4submit those rules and regulations in accordance with the
5rulemaking first notice requirements under Section 5-40 of the
6Illinois Administrative Procedure Act, requiring the
7age-appropriate series of pneumococcal conjugate vaccine, as
8recommended by the Advisory Committee on Immunization
9Practices of the Centers for Disease Control and Prevention, to
10a child younger than 2 years of age who is enrolled or
11enrolling in a licensed child care facility, as that term is
12defined in the Child Care Act of 1969. The Department shall
13also establish protocols for children younger than 2 years of
14age to catch up on missed doses. A child care facility must be
15able to furnish proof of compliance with this Section for all
16children at the facility, beginning January 1, 2008.
17 The provisions of this Section shall not apply if:
18 (1) the parent or guardian of the child objects thereto
19 on the grounds that the administration of immunizing agents
20 conflicts with his or her religious tenets or practices; or
21 (2) a physician employed by the parent or guardian to
22 provide care and treatment to the child states that the
23 physical condition of the child is such that the
24 administration of the required immunizing agent would be
25 detrimental to the health of the child.
26(Source: P.A. 95-159, eff. 8-14-07.)

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1 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
2 Sec. 2. The Department of Public Health shall promulgate
3rules and regulations requiring immunization of children
4against preventable communicable diseases designated by the
5Director. Before any regulation or amendment thereto is
6prescribed, the Department shall conduct a public hearing
7regarding such regulation. In addition, before any regulation
8or any amendment to a regulation is adopted, and after the
9Immunization Advisory Committee has made its recommendations,
10the State Board of Health shall conduct 3 public hearings,
11geographically distributed throughout the State, regarding the
12regulation or amendment to the regulation. At the conclusion of
13the hearings, the State Board of Health shall issue a report,
14including its recommendations, to the Director. The Director
15shall take into consideration any comments or recommendations
16made by the Board based on these hearings. The Department may
17prescribe additional rules and regulations for immunization of
18other diseases as vaccines are developed.
19 The provisions of this Act shall not apply if a :
20 1. The parent or guardian of the child objects thereto on
21the grounds that the administration of immunizing agents
22conflicts with his religious tenets or practices or,
23 2. A physician employed by the parent or guardian to
24provide care and treatment to the child states that the
25physical condition of the child is such that the administration

SB3668- 21 -LRB101 18834 CPF 68291 b
1of one or more of the required immunizing agents would be
2detrimental to the health of the child.
3(Source: P.A. 90-607, eff. 6-30-98.)
4 Section 25. The Immunization Data Registry Act is amended
5by changing Section 15 as follows:
6 (410 ILCS 527/15)
7 Sec. 15. Provision of immunization data to registry;
8exemption forms; written information on immunization registry.
9 (a) A health care provider, physician's designee, or
10pharmacist's designee shall may provide immunization data to be
11entered into the immunization data registry in a manner
12prescribed by the Department and for the purposes allowed under
13this Act unless the patient or the patient's parent or
14guardian, if the patient is less than 14 18 years of age, has
15completed and filed with the provider, physician's designee, or
16pharmacist's designee a written immunization data exemption
17form.
18 (b) The Department shall create and provide copies of
19immunization data exemption forms to health care providers who
20are authorized to administer immunizations and individuals who
21request the form. The forms shall also be accessible from the
22immunization data registry system itself.
23 (c) The Department shall distribute to health care
24providers, upon request, written information to be

SB3668- 22 -LRB101 18834 CPF 68291 b
1disseminated to patients that describes the immunization data
2registry. The written information and the immunization data
3exemption forms must include all of the following information:
4 (1) A description of the immunization data registry and
5 its purpose.
6 (2) That the health care provider shall may report
7 immunization data to the Department to be entered into the
8 immunization data registry.
9 (3) That the patient or the patient's parent or
10 guardian, if the patient is less than 14 18 years of age,
11 has a right to exempt disclosure of immunization data to
12 the registry and may prevent disclosure by signing an
13 immunization data exemption form.
14 (4) That the patient or the patient's parent or
15 guardian, if the patient is less than 14 18 years of age,
16 may have the individual's information removed from the
17 immunization data registry.
18 (5) Instructions on how to have the information
19 removed.
20(Source: P.A. 97-117, eff. 7-14-11.)
21 Section 30. The Adoption Act is amended by changing Section
221 as follows:
23 (750 ILCS 50/1) (from Ch. 40, par. 1501)
24 Sec. 1. Definitions. When used in this Act, unless the

SB3668- 23 -LRB101 18834 CPF 68291 b
1context otherwise requires:
2 A. "Child" means a person under legal age subject to
3adoption under this Act.
4 B. "Related child" means a child subject to adoption where
5either or both of the adopting parents stands in any of the
6following relationships to the child by blood, marriage,
7adoption, or civil union: parent, grand-parent,
8great-grandparent, brother, sister, step-parent,
9step-grandparent, step-brother, step-sister, uncle, aunt,
10great-uncle, great-aunt, first cousin, or second cousin. A
11person is related to the child as a first cousin or second
12cousin if they are both related to the same ancestor as either
13grandchild or great-grandchild. A child whose parent has
14executed a consent to adoption, a surrender, or a waiver
15pursuant to Section 10 of this Act or whose parent has signed a
16denial of paternity pursuant to Section 12 of the Vital Records
17Act or Section 12a of this Act, or whose parent has had his or
18her parental rights terminated, is not a related child to that
19person, unless (1) the consent is determined to be void or is
20void pursuant to subsection O of Section 10 of this Act; or (2)
21the parent of the child executed a consent to adoption by a
22specified person or persons pursuant to subsection A-1 of
23Section 10 of this Act and a court of competent jurisdiction
24finds that such consent is void; or (3) the order terminating
25the parental rights of the parent is vacated by a court of
26competent jurisdiction.

SB3668- 24 -LRB101 18834 CPF 68291 b
1 C. "Agency" for the purpose of this Act means a public
2child welfare agency or a licensed child welfare agency.
3 D. "Unfit person" means any person whom the court shall
4find to be unfit to have a child, without regard to the
5likelihood that the child will be placed for adoption. The
6grounds of unfitness are any one or more of the following,
7except that a person shall not be considered an unfit person
8for the sole reason that the person has relinquished a child in
9accordance with the Abandoned Newborn Infant Protection Act:
10 (a) Abandonment of the child.
11 (a-1) Abandonment of a newborn infant in a hospital.
12 (a-2) Abandonment of a newborn infant in any setting
13 where the evidence suggests that the parent intended to
14 relinquish his or her parental rights.
15 (b) Failure to maintain a reasonable degree of
16 interest, concern or responsibility as to the child's
17 welfare.
18 (c) Desertion of the child for more than 3 months next
19 preceding the commencement of the Adoption proceeding.
20 (d) Substantial neglect of the child if continuous or
21 repeated.
22 (d-1) Substantial neglect, if continuous or repeated,
23 of any child residing in the household which resulted in
24 the death of that child.
25 (e) Extreme or repeated cruelty to the child.
26 (f) There is a rebuttable presumption, which can be

SB3668- 25 -LRB101 18834 CPF 68291 b
1 overcome only by clear and convincing evidence, that a
2 parent is unfit if:
3 (1) Two or more findings of physical abuse have
4 been entered regarding any children under Section 2-21
5 of the Juvenile Court Act of 1987, the most recent of
6 which was determined by the juvenile court hearing the
7 matter to be supported by clear and convincing
8 evidence; or
9 (2) The parent has been convicted or found not
10 guilty by reason of insanity and the conviction or
11 finding resulted from the death of any child by
12 physical abuse; or
13 (3) There is a finding of physical child abuse
14 resulting from the death of any child under Section
15 2-21 of the Juvenile Court Act of 1987.
16 No conviction or finding of delinquency pursuant to
17 Article V of the Juvenile Court Act of 1987 shall be
18 considered a criminal conviction for the purpose of
19 applying any presumption under this item (f).
20 (g) Failure to protect the child from conditions within
21 his environment injurious to the child's welfare.
22 (h) Other neglect of, or misconduct toward the child;
23 provided that in making a finding of unfitness the court
24 hearing the adoption proceeding shall not be bound by any
25 previous finding, order or judgment affecting or
26 determining the rights of the parents toward the child

SB3668- 26 -LRB101 18834 CPF 68291 b
1 sought to be adopted in any other proceeding except such
2 proceedings terminating parental rights as shall be had
3 under either this Act, the Juvenile Court Act or the
4 Juvenile Court Act of 1987.
5 (i) Depravity. Conviction of any one of the following
6 crimes shall create a presumption that a parent is depraved
7 which can be overcome only by clear and convincing
8 evidence: (1) first degree murder in violation of paragraph
9 (1) 1 or (2) 2 of subsection (a) of Section 9-1 of the
10 Criminal Code of 1961 or the Criminal Code of 2012 or
11 conviction of second degree murder in violation of
12 subsection (a) of Section 9-2 of the Criminal Code of 1961
13 or the Criminal Code of 2012 of a parent of the child to be
14 adopted; (2) first degree murder or second degree murder of
15 any child in violation of the Criminal Code of 1961 or the
16 Criminal Code of 2012; (3) attempt or conspiracy to commit
17 first degree murder or second degree murder of any child in
18 violation of the Criminal Code of 1961 or the Criminal Code
19 of 2012; (4) solicitation to commit murder of any child,
20 solicitation to commit murder of any child for hire, or
21 solicitation to commit second degree murder of any child in
22 violation of the Criminal Code of 1961 or the Criminal Code
23 of 2012; (5) predatory criminal sexual assault of a child
24 in violation of Section 11-1.40 or 12-14.1 of the Criminal
25 Code of 1961 or the Criminal Code of 2012; (6) heinous
26 battery of any child in violation of the Criminal Code of

SB3668- 27 -LRB101 18834 CPF 68291 b
1 1961; (7) aggravated battery of any child in violation of
2 the Criminal Code of 1961 or the Criminal Code of 2012; (8)
3 any violation of Section 11-1.20 or Section 12-13 of the
4 Criminal Code of 1961 or the Criminal Code of 2012; (9) any
5 violation of subsection (a) of Section 11-1.50 or Section
6 12-16 of the Criminal Code of 1961 or the Criminal Code of
7 2012; (10) any violation of Section 11-9.1 of the Criminal
8 Code of 1961 or the Criminal Code of 2012; (11) any
9 violation of Section 11-9.1A of the Criminal Code of 1961
10 or the Criminal Code of 2012; or (12) an offense in any
11 other state the elements of which are similar and bear a
12 substantial relationship to any of the enumerated offenses
13 in this subsection (i).
14 There is a rebuttable presumption that a parent is
15 depraved if the parent has been criminally convicted of at
16 least 3 felonies under the laws of this State or any other
17 state, or under federal law, or the criminal laws of any
18 United States territory; and at least one of these
19 convictions took place within 5 years of the filing of the
20 petition or motion seeking termination of parental rights.
21 There is a rebuttable presumption that a parent is
22 depraved if that parent has been criminally convicted of
23 either first or second degree murder of any person as
24 defined in the Criminal Code of 1961 or the Criminal Code
25 of 2012 within 10 years of the filing date of the petition
26 or motion to terminate parental rights.

SB3668- 28 -LRB101 18834 CPF 68291 b
1 No conviction or finding of delinquency pursuant to
2 Article 5 of the Juvenile Court Act of 1987 shall be
3 considered a criminal conviction for the purpose of
4 applying any presumption under this item (i).
5 (j) Open and notorious adultery or fornication.
6 (j-1) (Blank).
7 (k) Habitual drunkenness or addiction to drugs, other
8 than those prescribed by a physician, for at least one year
9 immediately prior to the commencement of the unfitness
10 proceeding.
11 There is a rebuttable presumption that a parent is
12 unfit under this subsection with respect to any child to
13 which that parent gives birth where there is a confirmed
14 test result that at birth the child's blood, urine, or
15 meconium contained any amount of a controlled substance as
16 defined in subsection (f) of Section 102 of the Illinois
17 Controlled Substances Act or metabolites of such
18 substances, the presence of which in the newborn infant was
19 not the result of medical treatment administered to the
20 mother or the newborn infant; and the biological mother of
21 this child is the biological mother of at least one other
22 child who was adjudicated a neglected minor under
23 subsection (c) of Section 2-3 of the Juvenile Court Act of
24 1987.
25 (l) Failure to demonstrate a reasonable degree of
26 interest, concern or responsibility as to the welfare of a

SB3668- 29 -LRB101 18834 CPF 68291 b
1 new born child during the first 30 days after its birth.
2 (m) Failure by a parent (i) to make reasonable efforts
3 to correct the conditions that were the basis for the
4 removal of the child from the parent during any 9-month
5 period following the adjudication of neglected or abused
6 minor under Section 2-3 of the Juvenile Court Act of 1987
7 or dependent minor under Section 2-4 of that Act, or (ii)
8 to make reasonable progress toward the return of the child
9 to the parent during any 9-month period following the
10 adjudication of neglected or abused minor under Section 2-3
11 of the Juvenile Court Act of 1987 or dependent minor under
12 Section 2-4 of that Act. If a service plan has been
13 established as required under Section 8.2 of the Abused and
14 Neglected Child Reporting Act to correct the conditions
15 that were the basis for the removal of the child from the
16 parent and if those services were available, then, for
17 purposes of this Act, "failure to make reasonable progress
18 toward the return of the child to the parent" includes the
19 parent's failure to substantially fulfill his or her
20 obligations under the service plan and correct the
21 conditions that brought the child into care during any
22 9-month period following the adjudication under Section
23 2-3 or 2-4 of the Juvenile Court Act of 1987.
24 Notwithstanding any other provision, when a petition or
25 motion seeks to terminate parental rights on the basis of
26 item (ii) of this subsection (m), the petitioner shall file

SB3668- 30 -LRB101 18834 CPF 68291 b
1 with the court and serve on the parties a pleading that
2 specifies the 9-month period or periods relied on. The
3 pleading shall be filed and served on the parties no later
4 than 3 weeks before the date set by the court for closure
5 of discovery, and the allegations in the pleading shall be
6 treated as incorporated into the petition or motion.
7 Failure of a respondent to file a written denial of the
8 allegations in the pleading shall not be treated as an
9 admission that the allegations are true.
10 (m-1) (Blank).
11 (n) Evidence of intent to forgo his or her parental
12 rights, whether or not the child is a ward of the court,
13 (1) as manifested by his or her failure for a period of 12
14 months: (i) to visit the child, (ii) to communicate with
15 the child or agency, although able to do so and not
16 prevented from doing so by an agency or by court order, or
17 (iii) to maintain contact with or plan for the future of
18 the child, although physically able to do so, or (2) as
19 manifested by the father's failure, where he and the mother
20 of the child were unmarried to each other at the time of
21 the child's birth, (i) to commence legal proceedings to
22 establish his paternity under the Illinois Parentage Act of
23 1984, the Illinois Parentage Act of 2015, or the law of the
24 jurisdiction of the child's birth within 30 days of being
25 informed, pursuant to Section 12a of this Act, that he is
26 the father or the likely father of the child or, after

SB3668- 31 -LRB101 18834 CPF 68291 b
1 being so informed where the child is not yet born, within
2 30 days of the child's birth, or (ii) to make a good faith
3 effort to pay a reasonable amount of the expenses related
4 to the birth of the child and to provide a reasonable
5 amount for the financial support of the child, the court to
6 consider in its determination all relevant circumstances,
7 including the financial condition of both parents;
8 provided that the ground for termination provided in this
9 subparagraph (n)(2)(ii) shall only be available where the
10 petition is brought by the mother or the husband of the
11 mother.
12 Contact or communication by a parent with his or her
13 child that does not demonstrate affection and concern does
14 not constitute reasonable contact and planning under
15 subdivision (n). In the absence of evidence to the
16 contrary, the ability to visit, communicate, maintain
17 contact, pay expenses and plan for the future shall be
18 presumed. The subjective intent of the parent, whether
19 expressed or otherwise, unsupported by evidence of the
20 foregoing parental acts manifesting that intent, shall not
21 preclude a determination that the parent has intended to
22 forgo his or her parental rights. In making this
23 determination, the court may consider but shall not require
24 a showing of diligent efforts by an authorized agency to
25 encourage the parent to perform the acts specified in
26 subdivision (n).

SB3668- 32 -LRB101 18834 CPF 68291 b
1 It shall be an affirmative defense to any allegation
2 under paragraph (2) of this subsection that the father's
3 failure was due to circumstances beyond his control or to
4 impediments created by the mother or any other person
5 having legal custody. Proof of that fact need only be by a
6 preponderance of the evidence.
7 (o) Repeated or continuous failure by the parents,
8 although physically and financially able, to provide the
9 child with adequate food, clothing, or shelter.
10 (p) Inability to discharge parental responsibilities
11 supported by competent evidence from a psychiatrist,
12 licensed clinical social worker, or clinical psychologist
13 of mental impairment, mental illness or an intellectual
14 disability as defined in Section 1-116 of the Mental Health
15 and Developmental Disabilities Code, or developmental
16 disability as defined in Section 1-106 of that Code, and
17 there is sufficient justification to believe that the
18 inability to discharge parental responsibilities shall
19 extend beyond a reasonable time period. However, this
20 subdivision (p) shall not be construed so as to permit a
21 licensed clinical social worker to conduct any medical
22 diagnosis to determine mental illness or mental
23 impairment.
24 (q) (Blank).
25 (r) The child is in the temporary custody or
26 guardianship of the Department of Children and Family

SB3668- 33 -LRB101 18834 CPF 68291 b
1 Services, the parent is incarcerated as a result of
2 criminal conviction at the time the petition or motion for
3 termination of parental rights is filed, prior to
4 incarceration the parent had little or no contact with the
5 child or provided little or no support for the child, and
6 the parent's incarceration will prevent the parent from
7 discharging his or her parental responsibilities for the
8 child for a period in excess of 2 years after the filing of
9 the petition or motion for termination of parental rights.
10 (s) The child is in the temporary custody or
11 guardianship of the Department of Children and Family
12 Services, the parent is incarcerated at the time the
13 petition or motion for termination of parental rights is
14 filed, the parent has been repeatedly incarcerated as a
15 result of criminal convictions, and the parent's repeated
16 incarceration has prevented the parent from discharging
17 his or her parental responsibilities for the child.
18 (t) A finding that at birth the child's blood, urine,
19 or meconium contained any amount of a controlled substance
20 as defined in subsection (f) of Section 102 of the Illinois
21 Controlled Substances Act, or a metabolite of a controlled
22 substance, with the exception of controlled substances or
23 metabolites of such substances, the presence of which in
24 the newborn infant was the result of medical treatment
25 administered to the mother or the newborn infant, and that
26 the biological mother of this child is the biological

SB3668- 34 -LRB101 18834 CPF 68291 b
1 mother of at least one other child who was adjudicated a
2 neglected minor under subsection (c) of Section 2-3 of the
3 Juvenile Court Act of 1987, after which the biological
4 mother had the opportunity to enroll in and participate in
5 a clinically appropriate substance abuse counseling,
6 treatment, and rehabilitation program.
7 E. "Parent" means a person who is the legal mother or legal
8father of the child as defined in subsection X or Y of this
9Section. For the purpose of this Act, a parent who has executed
10a consent to adoption, a surrender, or a waiver pursuant to
11Section 10 of this Act, who has signed a Denial of Paternity
12pursuant to Section 12 of the Vital Records Act or Section 12a
13of this Act, or whose parental rights have been terminated by a
14court, is not a parent of the child who was the subject of the
15consent, surrender, waiver, or denial unless (1) the consent is
16void pursuant to subsection O of Section 10 of this Act; or (2)
17the person executed a consent to adoption by a specified person
18or persons pursuant to subsection A-1 of Section 10 of this Act
19and a court of competent jurisdiction finds that the consent is
20void; or (3) the order terminating the parental rights of the
21person is vacated by a court of competent jurisdiction.
22 F. A person is available for adoption when the person is:
23 (a) a child who has been surrendered for adoption to an
24 agency and to whose adoption the agency has thereafter
25 consented;
26 (b) a child to whose adoption a person authorized by

SB3668- 35 -LRB101 18834 CPF 68291 b
1 law, other than his parents, has consented, or to whose
2 adoption no consent is required pursuant to Section 8 of
3 this Act;
4 (c) a child who is in the custody of persons who intend
5 to adopt him through placement made by his parents;
6 (c-1) a child for whom a parent has signed a specific
7 consent pursuant to subsection O of Section 10;
8 (d) an adult who meets the conditions set forth in
9 Section 3 of this Act; or
10 (e) a child who has been relinquished as defined in
11 Section 10 of the Abandoned Newborn Infant Protection Act.
12 A person who would otherwise be available for adoption
13shall not be deemed unavailable for adoption solely by reason
14of his or her death.
15 G. The singular includes the plural and the plural includes
16the singular and the "male" includes the "female", as the
17context of this Act may require.
18 H. (Blank).
19 I. "Habitual residence" has the meaning ascribed to it in
20the federal Intercountry Adoption Act of 2000 and regulations
21promulgated thereunder.
22 J. "Immediate relatives" means the biological parents, the
23parents of the biological parents and siblings of the
24biological parents.
25 K. "Intercountry adoption" is a process by which a child
26from a country other than the United States is adopted by

SB3668- 36 -LRB101 18834 CPF 68291 b
1persons who are habitual residents of the United States, or the
2child is a habitual resident of the United States who is
3adopted by persons who are habitual residents of a country
4other than the United States.
5 L. (Blank).
6 M. "Interstate Compact on the Placement of Children" is a
7law enacted by all states and certain territories for the
8purpose of establishing uniform procedures for handling the
9interstate placement of children in foster homes, adoptive
10homes, or other child care facilities.
11 N. (Blank).
12 O. "Preadoption requirements" means any conditions or
13standards established by the laws or administrative rules of
14this State that must be met by a prospective adoptive parent
15prior to the placement of a child in an adoptive home.
16 P. "Abused child" means a child whose parent or immediate
17family member, or any person responsible for the child's
18welfare, or any individual residing in the same home as the
19child, or a paramour of the child's parent:
20 (a) inflicts, causes to be inflicted, or allows to be
21 inflicted upon the child physical injury, by other than
22 accidental means, that causes death, disfigurement,
23 impairment of physical or emotional health, or loss or
24 impairment of any bodily function;
25 (b) creates a substantial risk of physical injury to
26 the child by other than accidental means which would be

SB3668- 37 -LRB101 18834 CPF 68291 b
1 likely to cause death, disfigurement, impairment of
2 physical or emotional health, or loss or impairment of any
3 bodily function;
4 (c) commits or allows to be committed any sex offense
5 against the child, as sex offenses are defined in the
6 Criminal Code of 2012 and extending those definitions of
7 sex offenses to include children under 18 years of age;
8 (d) commits or allows to be committed an act or acts of
9 torture upon the child; or
10 (e) inflicts excessive corporal punishment.
11 Q. "Neglected child" means any child whose parent or other
12person responsible for the child's welfare withholds or denies
13nourishment or medically indicated treatment including food or
14care denied solely on the basis of the present or anticipated
15mental or physical impairment as determined by a physician
16acting alone or in consultation with other physicians or
17otherwise does not provide the proper or necessary support,
18education as required by law, or medical or other remedial care
19recognized under State law as necessary for a child's
20well-being, or other care necessary for his or her well-being,
21including adequate food, clothing and shelter; or who is
22abandoned by his or her parents or other person responsible for
23the child's welfare.
24 A child shall not be considered neglected or abused for the
25sole reason that the child's parent or other person responsible
26for his or her welfare depends upon spiritual means through

SB3668- 38 -LRB101 18834 CPF 68291 b
1prayer alone for the treatment or cure of disease or remedial
2care as provided under Section 4 of the Abused and Neglected
3Child Reporting Act. A child shall not be considered neglected
4or abused for the sole reason that the child's parent or other
5person responsible for the child's welfare failed to vaccinate,
6delayed vaccination, or refused vaccination for the child due
7to a waiver on religious or medical grounds as permitted by
8law.
9 R. "Putative father" means a man who may be a child's
10father, but who (1) is not married to the child's mother on or
11before the date that the child was or is to be born and (2) has
12not established paternity of the child in a court proceeding
13before the filing of a petition for the adoption of the child.
14The term includes a male who is less than 18 years of age.
15"Putative father" does not mean a man who is the child's father
16as a result of criminal sexual abuse or assault as defined
17under Article 11 of the Criminal Code of 2012.
18 S. "Standby adoption" means an adoption in which a parent
19consents to custody and termination of parental rights to
20become effective upon the occurrence of a future event, which
21is either the death of the parent or the request of the parent
22for the entry of a final judgment of adoption.
23 T. (Blank).
24 T-5. "Biological parent", "birth parent", or "natural
25parent" of a child are interchangeable terms that mean a person
26who is biologically or genetically related to that child as a

SB3668- 39 -LRB101 18834 CPF 68291 b
1parent.
2 U. "Interstate adoption" means the placement of a minor
3child with a prospective adoptive parent for the purpose of
4pursuing an adoption for that child that is subject to the
5provisions of the Interstate Compact on the Placement of
6Children.
7 V. (Blank).
8 W. (Blank).
9 X. "Legal father" of a child means a man who is recognized
10as or presumed to be that child's father:
11 (1) because of his marriage to or civil union with the
12 child's parent at the time of the child's birth or within
13 300 days prior to that child's birth, unless he signed a
14 denial of paternity pursuant to Section 12 of the Vital
15 Records Act or a waiver pursuant to Section 10 of this Act;
16 or
17 (2) because his paternity of the child has been
18 established pursuant to the Illinois Parentage Act, the
19 Illinois Parentage Act of 1984, or the Gestational
20 Surrogacy Act; or
21 (3) because he is listed as the child's father or
22 parent on the child's birth certificate, unless he is
23 otherwise determined by an administrative or judicial
24 proceeding not to be the parent of the child or unless he
25 rescinds his acknowledgment of paternity pursuant to the
26 Illinois Parentage Act of 1984; or

SB3668- 40 -LRB101 18834 CPF 68291 b
1 (4) because his paternity or adoption of the child has
2 been established by a court of competent jurisdiction.
3 The definition in this subsection X shall not be construed
4to provide greater or lesser rights as to the number of parents
5who can be named on a final judgment order of adoption or
6Illinois birth certificate that otherwise exist under Illinois
7law.
8 Y. "Legal mother" of a child means a woman who is
9recognized as or presumed to be that child's mother:
10 (1) because she gave birth to the child except as
11 provided in the Gestational Surrogacy Act; or
12 (2) because her maternity of the child has been
13 established pursuant to the Illinois Parentage Act of 1984
14 or the Gestational Surrogacy Act; or
15 (3) because her maternity or adoption of the child has
16 been established by a court of competent jurisdiction; or
17 (4) because of her marriage to or civil union with the
18 child's other parent at the time of the child's birth or
19 within 300 days prior to the time of birth; or
20 (5) because she is listed as the child's mother or
21 parent on the child's birth certificate unless she is
22 otherwise determined by an administrative or judicial
23 proceeding not to be the parent of the child.
24 The definition in this subsection Y shall not be construed
25to provide greater or lesser rights as to the number of parents
26who can be named on a final judgment order of adoption or

SB3668- 41 -LRB101 18834 CPF 68291 b
1Illinois birth certificate that otherwise exist under Illinois
2law.
3 Z. "Department" means the Illinois Department of Children
4and Family Services.
5 AA. "Placement disruption" means a circumstance where the
6child is removed from an adoptive placement before the adoption
7is finalized.
8 BB. "Secondary placement" means a placement, including but
9not limited to the placement of a youth in care as defined in
10Section 4d of the Children and Family Services Act, that occurs
11after a placement disruption or an adoption dissolution.
12"Secondary placement" does not mean secondary placements
13arising due to the death of the adoptive parent of the child.
14 CC. "Adoption dissolution" means a circumstance where the
15child is removed from an adoptive placement after the adoption
16is finalized.
17 DD. "Unregulated placement" means the secondary placement
18of a child that occurs without the oversight of the courts, the
19Department, or a licensed child welfare agency.
20 EE. "Post-placement and post-adoption support services"
21means support services for placed or adopted children and
22families that include, but are not limited to, mental health
23treatment, including counseling and other support services for
24emotional, behavioral, or developmental needs, and treatment
25for substance abuse.
26(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;

SB3668- 42 -LRB101 18834 CPF 68291 b
1101-529, eff. 1-1-20; revised 9-17-19.)
2 (410 ILCS 51/Act rep.)
3 Section 35. The Mercury-Free Vaccine Act is repealed.
4 Section 99. Effective date. This Act takes effect July 1,
52022.
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