State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB0951

      750 ILCS 50/1             from Ch. 40, par. 1501
          Amends the Adoption  Act  in  provisions  defining  unfit
      parent  to  include  a biological mother whose child at birth
      had blood or urine containing  any  amount  of  a  controlled
      substance  as  defined  in the Illinois Controlled Substances
      Act, excluding medical treatment administered to  the  mother
      or  newborn, and who is the biological mother of at least one
      other child who has been adjudicated a neglected minor  under
      provisions  of  the  Juvenile  Court  Act  of  1987 regarding
      children born with evidence of controlled substances in their
      blood or urine, and who  thereafter  had  an  opportunity  to
      participate    in   a   drug   counseling,   treatment,   and
      rehabilitation program.  Effective immediately.
                                                     LRB9003306SMdv
                                               LRB9003306SMdv
 1        AN ACT to amend the Adoption Act by changing Section 1.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Adoption  Act  is  amended by changing
 5    Section 1 as follows:
 6        (750 ILCS 50/1) (from Ch. 40, par. 1501)
 7        (Text of Section before amendment by P.A. 89-704)
 8        Sec. 1.  Definitions.  When used in this Act, unless  the
 9    context otherwise requires:
10        A.  "Child"  means  a  person  under legal age subject to
11    adoption under this Act.
12        B.  "Related child" means a  child  subject  to  adoption
13    where either or both of the adopting parents stands in any of
14    the   following  relationships  to  the  child  by  blood  or
15    marriage: parent, grand-parent, brother, sister, step-parent,
16    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
17    great-uncle, great-aunt, or cousin of first degree.  A  child
18    whose  parent  has  executed  a  final irrevocable consent to
19    adoption or a final irrevocable  surrender  for  purposes  of
20    adoption,  or whose parent has had his or her parental rights
21    terminated, is not a related child to that person.
22        C.  "Agency" for the purpose of this Act means  a  public
23    child welfare agency or a licensed child welfare agency.
24        D.  "Unfit  person" means any person whom the court shall
25    find to be unfit to have  a  child,  without  regard  to  the
26    likelihood  that  the child will be placed for adoption.  The
27    grounds of unfitness are any one or more of the following:
28             (a)  Abandonment of the child.
29             (b)  Failure to  maintain  a  reasonable  degree  of
30        interest,  concern  or  responsibility  as to the child's
31        welfare.
                            -2-                LRB9003306SMdv
 1             (c)  Desertion of the child for more than  3  months
 2        next   preceding   the   commencement   of  the  Adoption
 3        proceeding.
 4             (d)  Substantial neglect of the child if  continuous
 5        or repeated.
 6             (e)  Extreme or repeated cruelty to the child.
 7             (f)  Two  or  more findings of physical abuse to any
 8        children under Section 4-8 of the Juvenile Court  Act  or
 9        Section 2-21 of the Juvenile Court Act of  1987, the most
10        recent  of  which  was  determined  by the juvenile court
11        hearing  the  matter  to  be  supported  by   clear   and
12        convincing evidence; a criminal conviction resulting from
13        the  death  of  any  child  by physical child abuse; or a
14        finding of physical child abuse resulting from the  death
15        of  any child under Section 4-8 of the Juvenile Court Act
16        or Section 2-21 of the Juvenile Court Act of 1987.
17             (g)  Failure to protect the  child  from  conditions
18        within his environment injurious to the child's welfare.
19             (h)  Other  neglect  of,  or  misconduct  toward the
20        child; provided that in making a finding of unfitness the
21        court hearing the adoption proceeding shall not be  bound
22        by  any  previous finding, order or judgment affecting or
23        determining the rights of the parents  toward  the  child
24        sought  to be adopted in any other proceeding except such
25        proceedings terminating parental rights as shall  be  had
26        under  either  this  Act,  the  Juvenile Court Act or the
27        Juvenile Court Act of 1987.
28             (i)  Depravity.
29             (j)  Open and notorious adultery or fornication.
30             (j-1)  Conviction  of   first   degree   murder   in
31        violation  of  paragraph  1  or  2  of  subsection (a) of
32        Section 9-1 of the Criminal Code of 1961 or conviction of
33        second degree murder in violation of  subsection  (a)  of
34        Section  9-2  of the Criminal Code of 1961 of a parent of
                            -3-                LRB9003306SMdv
 1        the child to be adopted shall  create  a  presumption  of
 2        unfitness   that  may  be  overcome  only  by  clear  and
 3        convincing evidence.
 4             (k)  Habitual drunkenness  or  addiction  to  drugs,
 5        other  than those prescribed by a physician, for at least
 6        one year immediately prior to  the  commencement  of  the
 7        unfitness proceeding.
 8             (l)  Failure  to  demonstrate a reasonable degree of
 9        interest, concern or responsibility as to the welfare  of
10        a  new  born  child  during  the  first 30 days after its
11        birth.
12             (m)  Failure by a parent to make reasonable  efforts
13        to  correct  the  conditions  that were the basis for the
14        removal  of  the  child  from  the  parent,  or  to  make
15        reasonable progress toward the return of the child to the
16        parent  within  12  months  after  an   adjudication   of
17        neglected  minor,  abused  minor or dependent minor under
18        the Juvenile Court Act or the Juvenile Court Act of 1987.
19             (n)  Evidence  of  intent  to  forego  his  or   her
20        parental  rights,  whether  or not the child is a ward of
21        the court, (1) as manifested by his or her failure for  a
22        period  of  12  months:  (i)  to visit the child, (ii) to
23        communicate with the child or agency, although able to do
24        so and not prevented from doing so by  an  agency  or  by
25        court  order,  or  (iii) to maintain contact with or plan
26        for the future of the child, although physically able  to
27        do  so,  or  (2)  as  manifested by the father's failure,
28        where he and the mother of the child  were  unmarried  to
29        each  other  at  the  time  of  the child's birth, (i) to
30        commence legal proceedings  to  establish  his  paternity
31        under  the  Illinois  Parentage Act of 1984 or the law of
32        the jurisdiction of the child's birth within 30  days  of
33        being informed, pursuant to Section 12a of this Act, that
34        he  is  the  father or the likely father of the child or,
                            -4-                LRB9003306SMdv
 1        after being so informed where the child is not yet  born,
 2        within  30  days  of the child's birth, or (ii) to make a
 3        good faith effort to  pay  a  reasonable  amount  of  the
 4        expenses related to the birth of the child and to provide
 5        a  reasonable  amount  for  the  financial support of the
 6        child, the court to consider  in  its  determination  all
 7        relevant circumstances, including the financial condition
 8        of both parents; provided that the ground for termination
 9        provided  in  this  subparagraph (n)(2)(ii) shall only be
10        available where the petition is brought by the mother  or
11        the husband of the mother.
12             Contact or communication by a parent with his or her
13        child  that  does  not  demonstrate affection and concern
14        does 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
21        not preclude a determination that the parent has intended
22        to forego his or her parental  rights.   In  making  this
23        determination,  the  court  may  consider  but  shall not
24        require a showing of diligent efforts  by  an  authorized
25        agency  to  encourage  the  parent  to  perform  the acts
26        specified in subdivision (n).
27             It shall be an affirmative defense to any allegation
28        under paragraph (2) of this subsection that the  father's
29        failure was due to circumstances beyond his control or to
30        impediments  created  by  the  mother or any other person
31        having legal custody.  Proof of that fact need only be by
32        a preponderance of the evidence.
33             (o)  repeated or continuous failure by the  parents,
34        although  physically and financially able, to provide the
                            -5-                LRB9003306SMdv
 1        child with adequate food, clothing, or shelter.
 2             (p)  inability      to      discharge       parental
 3        responsibilities  supported  by competent evidence from a
 4        psychiatrist,  licensed  clinical   social   worker,   or
 5        clinical   psychologist   of  mental  impairment,  mental
 6        illness or mental retardation as defined in Section 1-116
 7        of the Mental Health and Developmental Disabilities Code,
 8        or developmental disability as defined in  Section  1-106
 9        of  that  Code,  and there is sufficient justification to
10        believe  that  the  inability   to   discharge   parental
11        responsibilities  shall  extend  beyond a reasonable time
12        period.  However,  this  subdivision  (p)  shall  not  be
13        construed  so  as  to  permit  a licensed clinical social
14        worker to conduct  any  medical  diagnosis  to  determine
15        mental illness or mental impairment.
16             (q)  a  finding of physical abuse of the child under
17        Section 4-8 of the Juvenile Court Act or Section 2-21  of
18        the  Juvenile Court Act of 1987 and a criminal conviction
19        of aggravated battery of the child.
20             (r)  a finding that at birth the  child's  blood  or
21        urine  contained  any amount of a controlled substance as
22        defined in subsection (f) of Section 102 of the  Illinois
23        Controlled   Substances   Act,   or  a  metabolite  of  a
24        controlled substance, with the  exception  of  controlled
25        substances   or   metabolites  of  such  substances,  the
26        presence of which in the newborn infant was the result of
27        medical treatment  administered  to  the  mother  or  the
28        newborn  infant,  and  that the biological mother of this
29        child is the biological mother  of  at  least  one  other
30        child   who  was  adjudicated  a  neglected  minor  under
31        subsection (c) of Section 2-3 of the Juvenile  Court  Act
32        of  1987,  after  which  the  biological  mother  had the
33        opportunity  to  participate  in   a   drug   counseling,
34        treatment, and rehabilitation program.
                            -6-                LRB9003306SMdv
 1        E.  "Parent"  means  the father or mother of a legitimate
 2    or illegitimate child.  For the purpose of this Act, a person
 3    who has executed a final and irrevocable consent to  adoption
 4    or   a  final  and  irrevocable  surrender  for  purposes  of
 5    adoption, or whose parental rights have been terminated by  a
 6    court,  is  not  a parent of the child who was the subject of
 7    the consent or surrender.
 8        F.  A person is available for adoption  when  the  person
 9    is:
10             (a)  a  child  who has been surrendered for adoption
11        to an  agency  and  to  whose  adoption  the  agency  has
12        thereafter consented;
13             (b)  a  child  to whose adoption a person authorized
14        by law, other than his  parents,  has  consented,  or  to
15        whose adoption no consent is required pursuant to Section
16        8 of this Act;
17             (c)  a  child  who  is in the custody of persons who
18        intend  to  adopt  him  through  placement  made  by  his
19        parents; or
20             (d)  an adult who meets the conditions set forth  in
21        Section 3 of this Act.
22        A  person  who  would otherwise be available for adoption
23    shall not be deemed unavailable for adoption solely by reason
24    of his or her death.
25        G.  The singular  includes  the  plural  and  the  plural
26    includes  the  singular and the "male" includes the "female",
27    as the context of this Act may require.
28        H.  "Adoption  disruption"  occurs   when   an   adoptive
29    placement  does not prove successful and it becomes necessary
30    for the  child  to  be  removed  from  placement  before  the
31    adoption is finalized.
32        I.  "Foreign  placing  agency" is an agency or individual
33    operating in a country or territory outside the United States
34    that is authorized by  its  country  to  place  children  for
                            -7-                LRB9003306SMdv
 1    adoption  either  directly with families in the United States
 2    or through United States based international agencies.
 3        J.  "Immediate relatives" means the  biological  parents,
 4    the  parents  of  the  biological parents and siblings of the
 5    biological parents;
 6        K.  "Intercountry adoption" is a process by which a child
 7    from a country other than the United States is adopted.
 8        L.  "Intercountry Adoption Coordinator" is a staff person
 9    of the Department of Children and Family  Services  appointed
10    by  the  Director  to coordinate the provision of services by
11    the public and  private  sector  to  prospective  parents  of
12    foreign-born children.
13        M.  "Interstate  Compact on the Placement of Children" is
14    a law enacted by most states for the purpose of  establishing
15    uniform  procedures  for handling the interstate placement of
16    children in foster homes, adoptive homes, or other child care
17    facilities.
18        N.  "Non-Compact  state"  means  a  state  that  has  not
19    enacted the Interstate Compact on the Placement of Children.
20        O.  "Preadoption   requirements"   are   any   conditions
21    established  by  the  laws  or  regulations  of  the  Federal
22    Government or of each state that must be  met  prior  to  the
23    placement of a child in an adoptive home.
24        P.  "Abused   child"   means  a  child  whose  parent  or
25    immediate family member, or any person  responsible  for  the
26    child's welfare,  or any individual residing in the same home
27    as the child, or a paramour of the child's parent:
28             (a)  inflicts,  causes to be inflicted, or allows to
29        be inflicted upon the child  physical  injury,  by  other
30        than  accidental means, that causes death, disfigurement,
31        impairment of physical or emotional health,  or  loss  or
32        impairment of any bodily function;
33             (b)  creates  a  substantial risk of physical injury
34        to the child by other than accidental means  which  would
                            -8-                LRB9003306SMdv
 1        be  likely  to  cause death, disfigurement, impairment of
 2        physical or emotional health, or loss  or  impairment  of
 3        any bodily function;
 4             (c)  commits  or  allows  to  be  committed  any sex
 5        offense against the child, as sex offenses are defined in
 6        the Criminal Code of 1961 and extending those definitions
 7        of sex offenses to include children  under  18  years  of
 8        age;
 9             (d)  commits  or  allows  to  be committed an act or
10        acts of torture upon the child; or
11             (e)  inflicts excessive corporal punishment.
12        Q.  "Neglected child" means any  child  whose  parent  or
13    other  person   responsible for the child's welfare withholds
14    or  denies  nourishment  or  medically  indicated   treatment
15    including  food  or  care  denied  solely on the basis of the
16    present or  anticipated  mental  or  physical  impairment  as
17    determined  by  a  physician  acting alone or in consultation
18    with other physicians  or  otherwise  does  not  provide  the
19    proper or necessary support, education as required by law, or
20    medical  or other remedial care recognized under State law as
21    necessary for a child's well-being, or other  care  necessary
22    for  his or her well-being, including adequate food, clothing
23    and shelter; or who is abandoned by his  or  her  parents  or
24    other person responsible for the child's welfare.
25        A  child  shall not be considered neglected or abused for
26    the sole reason that  the  child's  parent  or  other  person
27    responsible  for  his  or  her welfare depends upon spiritual
28    means through prayer alone  for  the  treatment  or  cure  of
29    disease  or  remedial care as provided under Section 4 of the
30    Abused and Neglected Child Reporting Act.
31        R.  "Putative father" means a man who may  be  a  child's
32    father,  but  who (1) is not married to the child's mother on
33    or before the date that the child was or is to  be  born  and
34    (2)   has  not  established paternity of the child in a court
                            -9-                LRB9003306SMdv
 1    proceeding before the filing of a petition for  the  adoption
 2    of  the  child.  The term includes a male who is less than 18
 3    years of age.
 4    (Source: P.A.  88-20;  88-550,  eff.  7-3-94;  88-691,   eff.
 5    1-24-95; 89-235, eff. 8-4-95.)
 6        (Text of Section after amendment by P.A. 89-704)
 7        Sec.  1.  Definitions.  When used in this Act, unless the
 8    context otherwise requires:
 9        A.  "Child" means a person under  legal  age  subject  to
10    adoption under this Act.
11        B.  "Related  child"  means  a  child subject to adoption
12    where either or both of the adopting parents stands in any of
13    the  following  relationships  to  the  child  by  blood   or
14    marriage: parent, grand-parent, brother, sister, step-parent,
15    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
16    great-uncle,  great-aunt, or cousin of first degree.  A child
17    whose parent has executed  a  final  irrevocable  consent  to
18    adoption  or  a  final  irrevocable surrender for purposes of
19    adoption, or whose parent has had his or her parental  rights
20    terminated, is not a related child to that person, unless the
21    consent is void pursuant to subsection O of Section 10.
22        C.  "Agency"  for  the purpose of this Act means a public
23    child welfare agency or a licensed child welfare agency.
24        D.  "Unfit person" means any person whom the court  shall
25    find  to  be  unfit  to  have  a child, without regard to the
26    likelihood that the child will be placed for  adoption.   The
27    grounds of unfitness are any one or more of the following:
28             (a)  Abandonment of the child.
29             (b)  Failure  to  maintain  a  reasonable  degree of
30        interest, concern or responsibility  as  to  the  child's
31        welfare.
32             (c)  Desertion  of  the child for more than 3 months
33        next  preceding  the   commencement   of   the   Adoption
34        proceeding.
                            -10-               LRB9003306SMdv
 1             (d)  Substantial  neglect of the child if continuous
 2        or repeated.
 3             (d-1)  Substantial   neglect,   if   continuous   or
 4        repeated, of any child residing in  the  household  which
 5        resulted in the death of that child.
 6             (e)  Extreme or repeated cruelty to the child.
 7             (f)  Two  or  more findings of physical abuse to any
 8        children under Section 4-8 of the Juvenile Court  Act  or
 9        Section 2-21 of the Juvenile Court Act of  1987, the most
10        recent  of  which  was  determined  by the juvenile court
11        hearing  the  matter  to  be  supported  by   clear   and
12        convincing  evidence;  a criminal conviction or a finding
13        of not guilty by reason of insanity  resulting  from  the
14        death  of any child by physical child abuse; or a finding
15        of physical child abuse resulting from the death  of  any
16        child  under  Section  4-8  of  the Juvenile Court Act or
17        Section 2-21 of the Juvenile Court Act of 1987.
18             (g)  Failure to protect the  child  from  conditions
19        within his environment injurious to the child's welfare.
20             (h)  Other  neglect  of,  or  misconduct  toward the
21        child; provided that in making a finding of unfitness the
22        court hearing the adoption proceeding shall not be  bound
23        by  any  previous finding, order or judgment affecting or
24        determining the rights of the parents  toward  the  child
25        sought  to be adopted in any other proceeding except such
26        proceedings terminating parental rights as shall  be  had
27        under  either  this  Act,  the  Juvenile Court Act or the
28        Juvenile Court Act of 1987.
29             (i)  Depravity.
30             (j)  Open and notorious adultery or fornication.
31             (j-1)  Conviction  of   first   degree   murder   in
32        violation  of  paragraph  1  or  2  of  subsection (a) of
33        Section 9-1 of the Criminal Code of 1961 or conviction of
34        second degree murder in violation of  subsection  (a)  of
                            -11-               LRB9003306SMdv
 1        Section  9-2  of the Criminal Code of 1961 of a parent of
 2        the child to be adopted shall  create  a  presumption  of
 3        unfitness   that  may  be  overcome  only  by  clear  and
 4        convincing evidence.
 5             (k)  Habitual drunkenness  or  addiction  to  drugs,
 6        other  than those prescribed by a physician, for at least
 7        one year immediately prior to  the  commencement  of  the
 8        unfitness proceeding.
 9             (l)  Failure  to  demonstrate a reasonable degree of
10        interest, concern or responsibility as to the welfare  of
11        a  new  born  child  during  the  first 30 days after its
12        birth.
13             (m)  Failure by a parent to make reasonable  efforts
14        to  correct  the  conditions  that were the basis for the
15        removal  of  the  child  from  the  parent,  or  to  make
16        reasonable progress toward the return of the child to the
17        parent  within  12  months  after  an   adjudication   of
18        neglected  minor,  abused  minor or dependent minor under
19        the Juvenile Court Act or the Juvenile Court Act of 1987.
20             (n)  Evidence  of  intent  to  forego  his  or   her
21        parental  rights,  whether  or not the child is a ward of
22        the court, (1) as manifested by his or her failure for  a
23        period  of  12  months:  (i)  to visit the child, (ii) to
24        communicate with the child or agency, although able to do
25        so and not prevented from doing so by  an  agency  or  by
26        court  order,  or  (iii) to maintain contact with or plan
27        for the future of the child, although physically able  to
28        do  so,  or  (2)  as  manifested by the father's failure,
29        where he and the mother of the child  were  unmarried  to
30        each  other  at  the  time  of  the child's birth, (i) to
31        commence legal proceedings  to  establish  his  paternity
32        under  the  Illinois  Parentage Act of 1984 or the law of
33        the jurisdiction of the child's birth within 30  days  of
34        being informed, pursuant to Section 12a of this Act, that
                            -12-               LRB9003306SMdv
 1        he  is  the  father or the likely father of the child or,
 2        after being so informed where the child is not yet  born,
 3        within  30  days  of the child's birth, or (ii) to make a
 4        good faith effort to  pay  a  reasonable  amount  of  the
 5        expenses related to the birth of the child and to provide
 6        a  reasonable  amount  for  the  financial support of the
 7        child, the court to consider  in  its  determination  all
 8        relevant circumstances, including the financial condition
 9        of both parents; provided that the ground for termination
10        provided  in  this  subparagraph (n)(2)(ii) shall only be
11        available where the petition is brought by the mother  or
12        the husband of the mother.
13             Contact or communication by a parent with his or her
14        child  that  does  not  demonstrate affection and concern
15        does not constitute reasonable contact and planning under
16        subdivision (n).  In  the  absence  of  evidence  to  the
17        contrary,  the  ability  to  visit, communicate, maintain
18        contact, pay expenses and plan for the  future  shall  be
19        presumed.   The  subjective intent of the parent, whether
20        expressed or otherwise, unsupported by  evidence  of  the
21        foregoing  parental  acts  manifesting that intent, shall
22        not preclude a determination that the parent has intended
23        to forego his or her parental  rights.   In  making  this
24        determination,  the  court  may  consider  but  shall not
25        require a showing of diligent efforts  by  an  authorized
26        agency  to  encourage  the  parent  to  perform  the acts
27        specified in subdivision (n).
28             It shall be an affirmative defense to any allegation
29        under paragraph (2) of this subsection that the  father's
30        failure was due to circumstances beyond his control or to
31        impediments  created  by  the  mother or any other person
32        having legal custody.  Proof of that fact need only be by
33        a preponderance of the evidence.
34             (o)  repeated or continuous failure by the  parents,
                            -13-               LRB9003306SMdv
 1        although  physically and financially able, to provide the
 2        child with adequate food, clothing, or shelter.
 3             (p)  inability      to      discharge       parental
 4        responsibilities  supported  by competent evidence from a
 5        psychiatrist,  licensed  clinical   social   worker,   or
 6        clinical   psychologist   of  mental  impairment,  mental
 7        illness or mental retardation as defined in Section 1-116
 8        of the Mental Health and Developmental Disabilities Code,
 9        or developmental disability as defined in  Section  1-106
10        of  that  Code,  and there is sufficient justification to
11        believe  that  the  inability   to   discharge   parental
12        responsibilities  shall  extend  beyond a reasonable time
13        period.  However,  this  subdivision  (p)  shall  not  be
14        construed  so  as  to  permit  a licensed clinical social
15        worker to conduct  any  medical  diagnosis  to  determine
16        mental illness or mental impairment.
17             (q)  a  finding of physical abuse of the child under
18        Section 4-8 of the Juvenile Court Act or Section 2-21  of
19        the  Juvenile Court Act of 1987 and a criminal conviction
20        of aggravated battery of the child.
21             (r)  a finding that at birth the  child's  blood  or
22        urine  contained  any amount of a controlled substance as
23        defined in subsection (f) of Section 102 of the  Illinois
24        Controlled   Substances   Act,   or  a  metabolite  of  a
25        controlled substance, with the  exception  of  controlled
26        substances   or   metabolites  of  such  substances,  the
27        presence of which in the newborn infant was the result of
28        medical treatment  administered  to  the  mother  or  the
29        newborn  infant,  and  that the biological mother of this
30        child is the biological mother  of  at  least  one  other
31        child   who  was  adjudicated  a  neglected  minor  under
32        subsection (c) of Section 2-3 of the Juvenile  Court  Act
33        of  1987,  after  which  the  biological  mother  had the
34        opportunity  to  participate  in   a   drug   counseling,
                            -14-               LRB9003306SMdv
 1        treatment, and rehabilitation program.
 2        E.  "Parent"  means  the father or mother of a legitimate
 3    or illegitimate child.  For the purpose of this Act, a person
 4    who has executed a final and irrevocable consent to  adoption
 5    or   a  final  and  irrevocable  surrender  for  purposes  of
 6    adoption, or whose parental rights have been terminated by  a
 7    court,  is  not  a parent of the child who was the subject of
 8    the consent or surrender, unless the consent is void pursuant
 9    to subsection O of Section 10.
10        F.  A person is available for adoption  when  the  person
11    is:
12             (a)  a  child  who has been surrendered for adoption
13        to an  agency  and  to  whose  adoption  the  agency  has
14        thereafter consented;
15             (b)  a  child  to whose adoption a person authorized
16        by law, other than his  parents,  has  consented,  or  to
17        whose adoption no consent is required pursuant to Section
18        8 of this Act;
19             (c)  a  child  who  is in the custody of persons who
20        intend  to  adopt  him  through  placement  made  by  his
21        parents;
22             (c-1)  a child  for  whom  a  parent  has  signed  a
23        specific  consent pursuant to subsection O of Section 10;
24        or
25             (d)  an adult who meets the conditions set forth  in
26        Section 3 of this Act.
27        A  person  who  would otherwise be available for adoption
28    shall not be deemed unavailable for adoption solely by reason
29    of his or her death.
30        G.  The singular  includes  the  plural  and  the  plural
31    includes  the  singular and the "male" includes the "female",
32    as the context of this Act may require.
33        H.  "Adoption  disruption"  occurs   when   an   adoptive
34    placement  does not prove successful and it becomes necessary
                            -15-               LRB9003306SMdv
 1    for the  child  to  be  removed  from  placement  before  the
 2    adoption is finalized.
 3        I.  "Foreign  placing  agency" is an agency or individual
 4    operating in a country or territory outside the United States
 5    that is authorized by  its  country  to  place  children  for
 6    adoption  either  directly with families in the United States
 7    or through United States based international agencies.
 8        J.  "Immediate relatives" means the  biological  parents,
 9    the  parents  of  the  biological parents and siblings of the
10    biological parents;
11        K.  "Intercountry adoption" is a process by which a child
12    from a country other than the United States is adopted.
13        L.  "Intercountry Adoption Coordinator" is a staff person
14    of the Department of Children and Family  Services  appointed
15    by  the  Director  to coordinate the provision of services by
16    the public and  private  sector  to  prospective  parents  of
17    foreign-born children.
18        M.  "Interstate  Compact on the Placement of Children" is
19    a law enacted by most states for the purpose of  establishing
20    uniform  procedures  for handling the interstate placement of
21    children in foster homes, adoptive homes, or other child care
22    facilities.
23        N.  "Non-Compact  state"  means  a  state  that  has  not
24    enacted the Interstate Compact on the Placement of Children.
25        O.  "Preadoption   requirements"   are   any   conditions
26    established  by  the  laws  or  regulations  of  the  Federal
27    Government or of each state that must be  met  prior  to  the
28    placement of a child in an adoptive home.
29        P.  "Abused   child"   means  a  child  whose  parent  or
30    immediate family member, or any person  responsible  for  the
31    child's welfare,  or any individual residing in the same home
32    as the child, or a paramour of the child's parent:
33             (a)  inflicts,  causes to be inflicted, or allows to
34        be inflicted upon the child  physical  injury,  by  other
                            -16-               LRB9003306SMdv
 1        than  accidental means, that causes death, disfigurement,
 2        impairment of physical or emotional health,  or  loss  or
 3        impairment of any bodily function;
 4             (b)  creates  a  substantial risk of physical injury
 5        to the child by other than accidental means  which  would
 6        be  likely  to  cause death, disfigurement, impairment of
 7        physical or emotional health, or loss  or  impairment  of
 8        any bodily function;
 9             (c)  commits  or  allows  to  be  committed  any sex
10        offense against the child, as sex offenses are defined in
11        the Criminal Code of 1961 and extending those definitions
12        of sex offenses to include children  under  18  years  of
13        age;
14             (d)  commits  or  allows  to  be committed an act or
15        acts of torture upon the child; or
16             (e)  inflicts excessive corporal punishment.
17        Q.  "Neglected child" means any  child  whose  parent  or
18    other  person   responsible for the child's welfare withholds
19    or  denies  nourishment  or  medically  indicated   treatment
20    including  food  or  care  denied  solely on the basis of the
21    present or  anticipated  mental  or  physical  impairment  as
22    determined  by  a  physician  acting alone or in consultation
23    with other physicians  or  otherwise  does  not  provide  the
24    proper or necessary support, education as required by law, or
25    medical  or other remedial care recognized under State law as
26    necessary for a child's well-being, or other  care  necessary
27    for  his or her well-being, including adequate food, clothing
28    and shelter; or who is abandoned by his  or  her  parents  or
29    other person responsible for the child's welfare.
30        A  child  shall not be considered neglected or abused for
31    the sole reason that  the  child's  parent  or  other  person
32    responsible  for  his  or  her welfare depends upon spiritual
33    means through prayer alone  for  the  treatment  or  cure  of
34    disease  or  remedial care as provided under Section 4 of the
                            -17-               LRB9003306SMdv
 1    Abused and Neglected Child Reporting Act.
 2        R.  "Putative father" means a man who may  be  a  child's
 3    father,  but  who (1) is not married to the child's mother on
 4    or before the date that the child was or is to  be  born  and
 5    (2)   has  not  established paternity of the child in a court
 6    proceeding before the filing of a petition for  the  adoption
 7    of  the  child.  The term includes a male who is less than 18
 8    years of age.
 9    (Source: P.A.  88-20;  88-550,  eff.  7-3-94;  88-691,   eff.
10    1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
11        Section  95.   No  acceleration or delay.  Where this Act
12    makes changes in a statute that is represented in this Act by
13    text that is not yet or no longer in effect (for  example,  a
14    Section  represented  by  multiple versions), the use of that
15    text does not accelerate or delay the taking  effect  of  (i)
16    the  changes made by this Act or (ii) provisions derived from
17    any other Public Act.
18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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