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91_HB3935eng HB3935 Engrossed LRB9112161WHcs 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Children and Family Services Act is 5 amended by adding Section 35.7 as follows: 6 (20 ILCS 505/35.7 new) 7 Sec. 35.7. Citizen Review Panel. The Department of 8 Children and Family Services shall establish a pilot Citizen 9 Review Panel in Cook County following the National 10 Association of Foster Care Reviewers' guidelines for 11 independent review. The Citizen Review Panel shall include 12 volunteer citizens who shall be selected using the 13 qualifications developed by the Department. 14 An Administrator who is a paid child welfare professional 15 with experience in foster care review shall manage the 16 Citizen Review Panel. The University of Illinois Research 17 Center shall develop outcomes for the review process 18 consistent with the outcomes of the administrative case 19 review process and provide a written report for community 20 review. 21 The Citizen Review Panel shall have at least 3 but not 22 more than 5 members who are parents, foster parents, former 23 wards, or adoptive parents. At least one member shall be a 24 child welfare professional. 25 Volunteer members of the Citizen Review Panel shall be 26 reimbursed for travel expenses and provided continuous 27 training arranged by the Foster Care Review Administrator. 28 Any parent within the pilot area who has participated in 29 and has raised concerns at the administrative case review 30 process which resulted in a goal change from return home to 31 substitute care pending a legal decision may request a review HB3935 Engrossed -2- LRB9112161WHcs 1 by the Citizen Review Panel. The safety and permanency of the 2 child shall be of paramount concern in the review. A review 3 shall be scheduled within 14 days of the administrative case 4 review. All participants in the administrative case review 5 shall be invited to the Citizen Review and shall be notified 6 by registered mail, return receipt requested. The parents and 7 the caseworker and supervisor must participate in the Citizen 8 Review Panel process. The Citizen Review Panel shall provide 9 a written summary to the participants at the conclusion of 10 the review. If the recommendations are different from those 11 of the administrative case review, the caseworker, supervisor 12 and family shall have a family meeting within 5 working days 13 to revise the service plan and goal, using the 14 recommendations from the Citizen Review Panel. The 15 recommendations of the Citizen Review Panel shall be 16 consistent with law and with rules and procedures of the 17 Department. The case shall be rescheduled within 60 days for 18 an administrative case review to ensure that the revised plan 19 adheres to rules, procedures, and laws. The Citizen Review 20 Panel may give the Director of Children and Family Services 21 recommendations for changes to rules, procedures, and laws. 22 Section 10. The Juvenile Court Act of 1987 is amended by 23 changing Section 2-28 as follows: 24 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28) 25 Sec. 2-28. Court review. 26 (1) The court may require any legal custodian or 27 guardian of the person appointed under this Act to report 28 periodically to the court or may cite him into court and 29 require him or his agency, to make a full and accurate report 30 of his or its doings in behalf of the minor. The custodian 31 or guardian, within 10 days after such citation, shall make 32 the report, either in writing verified by affidavit or orally HB3935 Engrossed -3- LRB9112161WHcs 1 under oath in open court, or otherwise as the court directs. 2 Upon the hearing of the report the court may remove the 3 custodian or guardian and appoint another in his stead or 4 restore the minor to the custody of his parents or former 5 guardian or custodian. However, custody of the minor shall 6 not be restored to any parent, guardian or legal custodian in 7 any case in which the minor is found to be neglected or 8 abused under Section 2-3 or dependent under Section 2-4 of 9 this Act, unless the minor can be cared for at home without 10 endangering the minor's health or safety and it is in the 11 best interests of the minor, and if such neglect, abuse, or 12 dependency is found by the court under paragraph (1) of 13 Section 2-21 of this Act to have come about due to the acts 14 or omissions or both of such parent, guardian or legal 15 custodian, until such time as an investigation is made as 16 provided in paragraph (5) and a hearing is held on the issue 17 of the fitness of such parent, guardian or legal custodian to 18 care for the minor and the court enters an order that such 19 parent, guardian or legal custodian is fit to care for the 20 minor. 21 (2) The first permanency hearing shall be conducted by 22 the judge. Subsequent permanency hearings may be heard by a 23 judge or by hearing officers appointed or approved by the 24 court in the manner set forth in Section 2-28.1 of this Act. 25 The initial hearing shall be held (a) within 12 months from 26 the date temporary custody was taken, (b) if the parental 27 rights of both parents have been terminated in accordance 28 with the procedure described in subsection (5) of Section 29 2-21, within 30 days of the order for termination of parental 30 rights and appointment of a guardian with power to consent to 31 adoption, or (c) in accordance with subsection (2) of Section 32 2-13.1. Subsequent permanency hearings shall be held every 6 33 months or more frequently if necessary in the court's 34 determination following the initial permanency hearing, in HB3935 Engrossed -4- LRB9112161WHcs 1 accordance with the standards set forth in this Section, 2 until the court determines that the plan and goal have been 3 achieved. Once the plan and goal have been achieved, if the 4 minor remains in substitute care, the case shall be reviewed 5 at least every 6 months thereafter, subject to the provisions 6 of this Section, unless the minor is placed in the 7 guardianship of a suitable relative or other person and the 8 court determines that further monitoring by the court does 9 not further the health, safety or best interest of the child 10 and that this is a stable permanent placement. The 11 permanency hearings must occur within the time frames set 12 forth in this subsection and may not be delayed in 13 anticipation of a report from any source or due to the 14 agency's failure to timely file its written report (this 15 written report means the one required under the next 16 paragraph and does not mean the service plan also referred to 17 in that paragraph). 18 The public agency that is the custodian or guardian of 19 the minor, or another agency responsible for the minor's 20 care, shall ensure that all parties to the permanency 21 hearings are provided a copy of the most recent service plan 22 prepared within the prior 6 months at least 14 days in 23 advance of the hearing. If not contained in the plan, the 24 agency shall also include a report setting forth (i) any 25 special physical, psychological, educational, medical, 26 emotional, or other needs of the minor or his or her family 27 that are relevant to a permanency or placement determination 28 and (ii) for any minor age 16 or over, a written description 29 of the programs and services that will enable the minor to 30 prepare for independent living. The agency's written report 31 must detail what progress or lack of progress the parent has 32 made in correcting the conditions requiring the child to be 33 in care; whether the child can be returned home without 34 jeopardizing the child's health, safety, and welfare, and if HB3935 Engrossed -5- LRB9112161WHcs 1 not, what permanency goal is recommended to be in the best 2 interests of the child, and why the other permanency goals 3 are not appropriate. The caseworker must appear and testify 4 at the permanency hearing. If a permanency hearing has not 5 previously been scheduled by the court, the moving party 6 shall move for the setting of a permanency hearing and the 7 entry of an order within the time frames set forth in this 8 subsection. 9 At the permanency hearing, the court shall determine the 10 future status of the child. The court shall set one of the 11 following permanency goals: 12 (A) The minor will be returned home by a specific 13 date within 5 months. 14 (B) The minor will be in short-term care with a 15 continued goal to return home within a period not to 16 exceed one year, where the progress of the parent or 17 parents is substantial giving particular consideration to 18 the age and individual needs of the minor. 19 (B-1) The minor will be in short-term care with a 20 continued goal to return home pending a status hearing. 21 When the court finds that a parent has not made 22 reasonable efforts or reasonable progress to date, the 23 court shall identify what actions the parent and the 24 Department must take in order to justify a finding of 25 reasonable efforts or reasonable progress and shall set a 26 status hearing to be held not earlier than 9 months from 27 the date of adjudication nor later than 11 months from 28 the date of adjudication during which the parent's 29 progress will again be reviewed. 30 (C) The minor will be in substitute care pending 31 court determination on termination of parental rights. 32 (D) Adoption, provided that parental rights have 33 been terminated or relinquished. 34 (E) The guardianship of the minor will be HB3935 Engrossed -6- LRB9112161WHcs 1 transferred to an individual or couple on a permanent 2 basis provided that goals (A) through (D) have been ruled 3 out. 4 (F) The minor over age 12 will be in substitute 5 care pending independence. 6 (G) The minor will be in substitute care because he 7 or she cannot be provided for in a home environment due 8 to developmental disabilities or mental illness or 9 because he or she is a danger to self or others, provided 10 that goals (A) through (D) have been ruled out. 11 In selecting any permanency goal, the court shall 12 indicate in writing the reasons the goal was selected and why 13 the preceding goals were ruled out. Where the court has 14 selected a permanency goal other than (A), (B), or (B-1), the 15 Department of Children and Family Services shall not provide 16 further reunification services, but shall provide services 17 consistent with the goal selected. 18 The court shall set a permanency goal that is in the best 19 interest of the child. The court's determination shall 20 include the following factors: 21 (1) Age of the child. 22 (2) Options available for permanence. 23 (3) Current placement of the child and the intent 24 of the family regarding adoption. 25 (4) Emotional, physical, and mental status or 26 condition of the child. 27 (5) Types of services previously offered and 28 whether or not the services were successful and, if not 29 successful, the reasons the services failed. 30 (6) Availability of services currently needed and 31 whether the services exist. 32 (7) Status of siblings of the minor. 33 The court shall consider (i) the permanency goal 34 contained in the service plan, (ii) the appropriateness of HB3935 Engrossed -7- LRB9112161WHcs 1 the services contained in the plan and whether those services 2 have been provided, (iii) whether reasonable efforts have 3 been made by all the parties to the service plan to achieve 4 the goal, and (iv) whether the plan and goal have been 5 achieved. All evidence relevant to determining these 6 questions, including oral and written reports, may be 7 admitted and may be relied on to the extent of their 8 probative value. 9 If the goal has been achieved, the court shall enter 10 orders that are necessary to conform the minor's legal 11 custody and status to those findings. 12 If, after receiving evidence, the court determines that 13 the services contained in the plan are not reasonably 14 calculated to facilitate achievement of the permanency goal, 15 the court shall put in writing the factual basis supporting 16 the determination and enter specific findings based on the 17 evidence. The court also shall enter an order for the 18 Department to develop and implement a new service plan or to 19 implement changes to the current service plan consistent with 20 the court's findings. The new service plan shall be filed 21 with the court and served on all parties within 45 days of 22 the date of the order. The court shall continue the matter 23 until the new service plan is filed.Unless otherwise24specifically authorized by law,The court isnotempowered 25under this subsection (2) or under subsection (3)to order 26 specific placements,or specific services, or both,specific27service providersto be included in the plan. 28 A guardian or custodian appointed by the court pursuant 29 to this Act shall file updated case plans with the court 30 every 6 months. 31 Rights of wards of the court under this Act are 32 enforceable against any public agency by complaints for 33 relief by mandamus filed in any proceedings brought under 34 this Act. HB3935 Engrossed -8- LRB9112161WHcs 1 (3) Following the permanency hearing, the court shall 2 enter a written order that includes the determinations 3 required under subsection (2) of this Section and sets forth 4 the following: 5 (a) The future status of the minor, including the 6 permanency goal, and any order necessary to conform the 7 minor's legal custody and status to such determination; 8 or 9 (b) If the permanency goal of the minor cannot be 10 achieved immediately, the specific reasons for continuing 11 the minor in the care of the Department of Children and 12 Family Services or other agency for short term placement, 13 and the following determinations: 14 (i) (Blank). 15 (ii) Whether the services required by the 16 court and by any service plan prepared within the 17 prior 6 months have been provided and (A) if so, 18 whether the services were reasonably calculated to 19 facilitate the achievement of the permanency goal or 20 (B) if not provided, why the services were not 21 provided. 22 (iii) Whether the minor's placement is 23 necessary, and appropriate to the plan and goal, 24 recognizing the right of minors to the least 25 restrictive (most family-like) setting available and 26 in close proximity to the parents' home consistent 27 with the health, safety, best interest and special 28 needs of the minor and, if the minor is placed 29 out-of-State, whether the out-of-State placement 30 continues to be appropriate and consistent with the 31 health, safety, and best interest of the minor. 32 (iv) (Blank). 33 (v) (Blank). 34 Any order entered pursuant to this subsection (3) shall HB3935 Engrossed -9- LRB9112161WHcs 1 be immediately appealable as a matter of right under Supreme 2 Court Rule 304(b)(1). 3 (4) The minor or any person interested in the minor may 4 apply to the court for a change in custody of the minor and 5 the appointment of a new custodian or guardian of the person 6 or for the restoration of the minor to the custody of his 7 parents or former guardian or custodian. 8 When return home is not selected as the permanency goal: 9 (a) The Department, the minor, or the current 10 foster parent or relative caregiver seeking private 11 guardianship may file a motion for private guardianship 12 of the minor. Appointment of a guardian under this 13 Section requires approval of the court. 14 (b) The State's Attorney may file a motion to 15 terminate parental rights of any parent who has failed to 16 make reasonable efforts to correct the conditions which 17 led to the removal of the child or reasonable progress 18 toward the return of the child, as defined in subdivision 19 (D)(m) of Section 1 of the Adoption Act or for whom any 20 other unfitness ground for terminating parental rights as 21 defined in subdivision (D) of Section 1 of the Adoption 22 Act exists. 23 Custody of the minor shall not be restored to any parent, 24 guardian or legal custodian in any case in which the minor is 25 found to be neglected or abused under Section 2-3 or 26 dependent under Section 2-4 of this Act, unless the minor can 27 be cared for at home without endangering his or her health or 28 safety and it is in the best interest of the minor, and if 29 such neglect, abuse, or dependency is found by the court 30 under paragraph (1) of Section 2-21 of this Act to have come 31 about due to the acts or omissions or both of such parent, 32 guardian or legal custodian, until such time as an 33 investigation is made as provided in paragraph (5) and a 34 hearing is held on the issue of the health, safety and best HB3935 Engrossed -10- LRB9112161WHcs 1 interest of the minor and the fitness of such parent, 2 guardian or legal custodian to care for the minor and the 3 court enters an order that such parent, guardian or legal 4 custodian is fit to care for the minor. In the event that 5 the minor has attained 18 years of age and the guardian or 6 custodian petitions the court for an order terminating his 7 guardianship or custody, guardianship or custody shall 8 terminate automatically 30 days after the receipt of the 9 petition unless the court orders otherwise. No legal 10 custodian or guardian of the person may be removed without 11 his consent until given notice and an opportunity to be heard 12 by the court. 13 When the court orders a child restored to the custody of 14 the parent or parents, the court shall order the parent or 15 parents to cooperate with the Department of Children and 16 Family Services and comply with the terms of an after-care 17 plan, or risk the loss of custody of the child and possible 18 termination of their parental rights. The court may also 19 enter an order of protective supervision in accordance with 20 Section 2-24. 21 (5) Whenever a parent, guardian, or legal custodian 22 files a motion for restoration of custody of the minor, and 23 the minor was adjudicated neglected, abused, or dependent as 24 a result of physical abuse, the court shall cause to be made 25 an investigation as to whether the movant has ever been 26 charged with or convicted of any criminal offense which would 27 indicate the likelihood of any further physical abuse to the 28 minor. Evidence of such criminal convictions shall be taken 29 into account in determining whether the minor can be cared 30 for at home without endangering his or her health or safety 31 and fitness of the parent, guardian, or legal custodian. 32 (a) Any agency of this State or any subdivision 33 thereof shall co-operate with the agent of the court in 34 providing any information sought in the investigation. HB3935 Engrossed -11- LRB9112161WHcs 1 (b) The information derived from the investigation 2 and any conclusions or recommendations derived from the 3 information shall be provided to the parent, guardian, or 4 legal custodian seeking restoration of custody prior to 5 the hearing on fitness and the movant shall have an 6 opportunity at the hearing to refute the information or 7 contest its significance. 8 (c) All information obtained from any investigation 9 shall be confidential as provided in Section 5-150 of 10 this Act. 11 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-87, 12 eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 13 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.) 14 Section 15. The Adoption Act is amended by changing 15 Section 1 as follows: 16 (750 ILCS 50/1) (from Ch. 40, par. 1501) 17 Sec. 1. Definitions. When used in this Act, unless the 18 context otherwise requires: 19 A. "Child" means a person under legal age subject to 20 adoption under this Act. 21 B. "Related child" means a child subject to adoption 22 where either or both of the adopting parents stands in any of 23 the following relationships to the child by blood or 24 marriage: parent, grand-parent, brother, sister, step-parent, 25 step-grandparent, step-brother, step-sister, uncle, aunt, 26 great-uncle, great-aunt, or cousin of first degree. A child 27 whose parent has executed a final irrevocable consent to 28 adoption or a final irrevocable surrender for purposes of 29 adoption, or whose parent has had his or her parental rights 30 terminated, is not a related child to that person, unless the 31 consent is determined to be void or is void pursuant to 32 subsection O of Section 10. HB3935 Engrossed -12- LRB9112161WHcs 1 C. "Agency" for the purpose of this Act means a public 2 child welfare agency or a licensed child welfare agency. 3 D. "Unfit person" means any person whom the court shall 4 find to be unfit to have a child, without regard to the 5 likelihood that the child will be placed for adoption. The 6 grounds of unfitness are any one or more of the following: 7 (a) Abandonment of the child. 8 (a-1) Abandonment of a newborn infant in a 9 hospital. 10 (a-2) Abandonment of a newborn infant in any 11 setting where the evidence suggests that the parent 12 intended to relinquish his or her parental rights. 13 (b) Failure to maintain a reasonable degree of 14 interest, concern or responsibility as to the child's 15 welfare. 16 (c) Desertion of the child for more than 3 months 17 next preceding the commencement of the Adoption 18 proceeding. 19 (d) Substantial neglect of the child if continuous 20 or repeated. 21 (d-1) Substantial neglect, if continuous or 22 repeated, of any child residing in the household which 23 resulted in the death of that child. 24 (e) Extreme or repeated cruelty to the child. 25 (f) Two or more findings of physical abuse to any 26 children under Section 4-8 of the Juvenile Court Act or 27 Section 2-21 of the Juvenile Court Act of 1987, the most 28 recent of which was determined by the juvenile court 29 hearing the matter to be supported by clear and 30 convincing evidence; a criminal conviction or a finding 31 of not guilty by reason of insanity resulting from the 32 death of any child by physical child abuse; or a finding 33 of physical child abuse resulting from the death of any 34 child under Section 4-8 of the Juvenile Court Act or HB3935 Engrossed -13- LRB9112161WHcs 1 Section 2-21 of the Juvenile Court Act of 1987. 2 (g) Failure to protect the child from conditions 3 within his environment injurious to the child's welfare. 4 (h) Other neglect of, or misconduct toward the 5 child; provided that in making a finding of unfitness the 6 court hearing the adoption proceeding shall not be bound 7 by any previous finding, order or judgment affecting or 8 determining the rights of the parents toward the child 9 sought to be adopted in any other proceeding except such 10 proceedings terminating parental rights as shall be had 11 under either this Act, the Juvenile Court Act or the 12 Juvenile Court Act of 1987. 13 (i) Depravity. Conviction of any one of the 14 following crimes shall create a presumption that a parent 15 is depraved which can be overcome only by clear and 16 convincing evidence: (1) first degree murder in violation 17 of paragraph 1 or 2 of subsection (a) of Section 9-1 of 18 the Criminal Code of 1961 or conviction of second degree 19 murder in violation of subsection (a) of Section 9-2 of 20 the Criminal Code of 1961 of a parent of the child to be 21 adopted; (2) first degree murder or second degree murder 22 of any child in violation of the Criminal Code of 1961; 23 (3) attempt or conspiracy to commit first degree murder 24 or second degree murder of any child in violation of the 25 Criminal Code of 1961; (4) solicitation to commit murder 26 of any child, solicitation to commit murder of any child 27 for hire, or solicitation to commit second degree murder 28 of any child in violation of the Criminal Code of 1961; 29 or (5) aggravated criminal sexual assault in violation of 30 Section 12-14(b)(1) of the Criminal Code of 1961. 31 There is a rebuttable presumption that a parent is 32 depraved if the parent has been criminally convicted of 33 at least 3 felonies under the laws of this State or any 34 other state, or under federal law, or the criminal laws HB3935 Engrossed -14- LRB9112161WHcs 1 of any United States territory; and at least one of these 2 convictions took place within 5 years of the filing of 3 the petition or motion seeking termination of parental 4 rights. 5 There is a rebuttable presumption that a parent is 6 depraved if that parent has been criminally convicted of 7 either first or second degree murder of any person as 8 defined in the Criminal Code of 1961 within 10 years of 9 the filing date of the petition or motion to terminate 10 parental rights. 11 (j) Open and notorious adultery or fornication. 12 (j-1) (Blank). 13 (k) Habitual drunkenness or addiction to drugs, 14 other than those prescribed by a physician, for at least 15 one year immediately prior to the commencement of the 16 unfitness proceeding. 17 There is a rebuttable presumption that a parent is 18 unfit under this subsection with respect to any child to 19 which that parent gives birth where there is a confirmed 20 test result that at birth the child's blood, urine, or 21 meconium contained any amount of a controlled substance 22 as defined in subsection (f) of Section 102 of the 23 Illinois Controlled Substances Act or metabolites of such 24 substances, the presence of which in the newborn infant 25 was not the result of medical treatment administered to 26 the mother or the newborn infant; and the biological 27 mother of this child is the biological mother of at least 28 one other child who was adjudicated a neglected minor 29 under subsection (c) of Section 2-3 of the Juvenile Court 30 Act of 1987. 31 (l) Failure to demonstrate a reasonable degree of 32 interest, concern or responsibility as to the welfare of 33 a new born child during the first 30 days after its 34 birth. HB3935 Engrossed -15- LRB9112161WHcs 1 (m) Failure by a parent (i) to make reasonable 2 efforts to correct the conditions that were the basis for 3 the removal of the child from the parent, or (ii) to make 4 reasonable progress toward the return of the child to the 5 parent within 9 months after an adjudication of neglected 6 or abused minor under Section 2-3 of the Juvenile Court 7 Act of 1987 or dependent minor under Section 2-4 of that 8 Act, or (iii) to make reasonable progress toward the 9 return of the child to the parent during any 9-month 10 period after the end of the initial 9-month period 11 following the adjudication of neglected or abused minor 12 under Section 2-3 of the Juvenile Court Act of 1987 or 13 dependent minor under Section 2-4 of that Act. If a 14 service plan has been established as required under 15 Section 8.2 of the Abused and Neglected Child Reporting 16 Act to correct the conditions that were the basis for the 17 removal of the child from the parent and if those 18 services were available, then, for purposes of this Act, 19 "failure to make reasonable progress toward the return of 20 the child to the parent" includes (I) the parent's 21 failure to substantially fulfill his or her obligations 22 under the service plan and correct the conditions that 23 brought the child into care within 9 months after the 24 adjudication under Section 2-3 or 2-4 of the Juvenile 25 Court Act of 1987 and (II) the parent's failure to 26 substantially fulfill his or her obligations under the 27 service plan and correct the conditions that brought the 28 child into care during any 9-month period after the end 29 of the initial 9-month period following the adjudication 30 under Section 2-3 or 2-4 of the Juvenile Court Act of 31 1987. 32 (m-1) Pursuant to the Juvenile Court Act of 1987, a 33 child has been in foster care for 15 months out of any 22 34 month period which begins on or after the effective date HB3935 Engrossed -16- LRB9112161WHcs 1 of this amendatory Act of 1998 unless the child's parent 2 can prove by a preponderance of the evidence that it is 3 more likely than not that it will be in the best 4 interests of the child to be returned to the parent 5 within 6 months of the date on which a petition for 6 termination of parental rights is filed under the 7 Juvenile Court Act of 1987. The 15 month time limit is 8 tolled during any period for which there is a court 9 finding that the appointed custodian or guardian failed 10 to make reasonable efforts to reunify the child with his 11 or her family, provided that (i) the finding of no 12 reasonable efforts is made within 60 days of the period 13 when reasonable efforts were not made or (ii) the parent 14 filed a motion requesting a finding of no reasonable 15 efforts within 60 days of the period when reasonable 16 efforts were not made. For purposes of this subdivision 17 (m-1), the date of entering foster care is the earlier 18 of: (i) the date of a judicial finding at an adjudicatory 19 hearing that the child is an abused, neglected, or 20 dependent minor; or (ii) 60 days after the date on which 21 the child is removed from his or her parent, guardian, or 22 legal custodian. 23 Notwithstanding any other provision of law, the 24 ground set forth in this subdivision (m-1) may not be 25 used as the sole ground of unfitness. It may be used 26 only in conjunction with another ground of unfitness and 27 the other ground of unfitness must be proven. 28 (n) Evidence of intent to forgo his or her parental 29 rights, whether or not the child is a ward of the court, 30 (1) as manifested by his or her failure for a period of 31 12 months: (i) to visit the child, (ii) to communicate 32 with the child or agency, although able to do so and not 33 prevented from doing so by an agency or by court order, 34 or (iii) to maintain contact with or plan for the future HB3935 Engrossed -17- LRB9112161WHcs 1 of the child, although physically able to do so, or (2) 2 as manifested by the father's failure, where he and the 3 mother of the child were unmarried to each other at the 4 time of the child's birth, (i) to commence legal 5 proceedings to establish his paternity under the Illinois 6 Parentage Act of 1984 or the law of the jurisdiction of 7 the child's birth within 30 days of being informed, 8 pursuant to Section 12a of this Act, that he is the 9 father or the likely father of the child or, after being 10 so informed where the child is not yet born, within 30 11 days of the child's birth, or (ii) to make a good faith 12 effort to pay a reasonable amount of the expenses related 13 to the birth of the child and to provide a reasonable 14 amount for the financial support of the child, the court 15 to consider in its determination all relevant 16 circumstances, including the financial condition of both 17 parents; provided that the ground for termination 18 provided in this subparagraph (n)(2)(ii) shall only be 19 available where the petition is brought by the mother or 20 the husband of the mother. 21 Contact or communication by a parent with his or her 22 child that does not demonstrate affection and concern 23 does not constitute reasonable contact and planning under 24 subdivision (n). In the absence of evidence to the 25 contrary, the ability to visit, communicate, maintain 26 contact, pay expenses and plan for the future shall be 27 presumed. The subjective intent of the parent, whether 28 expressed or otherwise, unsupported by evidence of the 29 foregoing parental acts manifesting that intent, shall 30 not preclude a determination that the parent has intended 31 to forgo his or her parental rights. In making this 32 determination, the court may consider but shall not 33 require a showing of diligent efforts by an authorized 34 agency to encourage the parent to perform the acts HB3935 Engrossed -18- LRB9112161WHcs 1 specified in subdivision (n). 2 It shall be an affirmative defense to any allegation 3 under paragraph (2) of this subsection that the father's 4 failure was due to circumstances beyond his control or to 5 impediments created by the mother or any other person 6 having legal custody. Proof of that fact need only be by 7 a preponderance of the evidence. 8 (o) Repeated or continuous failure by the parents, 9 although physically and financially able, to provide the 10 child with adequate food, clothing, or shelter. 11 (p) Inability to discharge parental 12 responsibilities supported by competent evidence from a 13 psychiatrist, licensed clinical social worker, or 14 clinical psychologist of mental impairment, mental 15 illness or mental retardation as defined in Section 1-116 16 of the Mental Health and Developmental Disabilities Code, 17 or developmental disability as defined in Section 1-106 18 of that Code, and there is sufficient justification to 19 believe that the inability to discharge parental 20 responsibilities shall extend beyond a reasonable time 21 period. However, this subdivision (p) shall not be 22 construed so as to permit a licensed clinical social 23 worker to conduct any medical diagnosis to determine 24 mental illness or mental impairment. 25 (q) The parent has been criminally convicted of 26 aggravated battery, heinous battery, or attempted murder 27 of any child. 28 (r) The child is in the temporary custody or 29 guardianship of the Department of Children and Family 30 Services, the parent is incarcerated as a result of 31 criminal conviction at the time the petition or motion 32 for termination of parental rights is filed, prior to 33 incarceration the parent had little or no contact with 34 the child or provided little or no support for the child, HB3935 Engrossed -19- LRB9112161WHcs 1 and the parent's incarceration will prevent the parent 2 from discharging his or her parental responsibilities for 3 the child for a period in excess of 2 years after the 4 filing of the petition or motion for termination of 5 parental rights. 6 (s) The child is in the temporary custody or 7 guardianship of the Department of Children and Family 8 Services, the parent is incarcerated at the time the 9 petition or motion for termination of parental rights is 10 filed, the parent has been repeatedly incarcerated as a 11 result of criminal convictions, and the parent's repeated 12 incarceration has prevented the parent from discharging 13 his or her parental responsibilities for the child. 14 (t) A finding that at birth the child's blood, 15 urine, or meconium contained any amount of a controlled 16 substance as defined in subsection (f) of Section 102 of 17 the Illinois Controlled Substances Act, or a metabolite 18 of a controlled substance, with the exception of 19 controlled substances or metabolites of such substances, 20 the presence of which in the newborn infant was the 21 result of medical treatment administered to the mother or 22 the newborn infant, and that the biological mother of 23 this child is the biological mother of at least one other 24 child who was adjudicated a neglected minor under 25 subsection (c) of Section 2-3 of the Juvenile Court Act 26 of 1987, after which the biological mother had the 27 opportunity to enroll in and participate in a clinically 28 appropriate substance abuse counseling, treatment, and 29 rehabilitation program. 30 E. "Parent" means the father or mother of a legitimate 31 or illegitimate child. For the purpose of this Act, a person 32 who has executed a final and irrevocable consent to adoption 33 or a final and irrevocable surrender for purposes of 34 adoption, or whose parental rights have been terminated by a HB3935 Engrossed -20- LRB9112161WHcs 1 court, is not a parent of the child who was the subject of 2 the consent or surrender, unless the consent is void pursuant 3 to subsection O of Section 10. 4 F. A person is available for adoption when the person 5 is: 6 (a) a child who has been surrendered for adoption 7 to an agency and to whose adoption the agency has 8 thereafter consented; 9 (b) a child to whose adoption a person authorized 10 by law, other than his parents, has consented, or to 11 whose adoption no consent is required pursuant to Section 12 8 of this Act; 13 (c) a child who is in the custody of persons who 14 intend to adopt him through placement made by his 15 parents; 16 (c-1) a child for whom a parent has signed a 17 specific consent pursuant to subsection O of Section 10; 18 or 19 (d) an adult who meets the conditions set forth in 20 Section 3 of this Act. 21 A person who would otherwise be available for adoption 22 shall not be deemed unavailable for adoption solely by reason 23 of his or her death. 24 G. The singular includes the plural and the plural 25 includes the singular and the "male" includes the "female", 26 as the context of this Act may require. 27 H. "Adoption disruption" occurs when an adoptive 28 placement does not prove successful and it becomes necessary 29 for the child to be removed from placement before the 30 adoption is finalized. 31 I. "Foreign placing agency" is an agency or individual 32 operating in a country or territory outside the United States 33 that is authorized by its country to place children for 34 adoption either directly with families in the United States HB3935 Engrossed -21- LRB9112161WHcs 1 or through United States based international agencies. 2 J. "Immediate relatives" means the biological parents, 3 the parents of the biological parents and siblings of the 4 biological parents. 5 K. "Intercountry adoption" is a process by which a child 6 from a country other than the United States is adopted. 7 L. "Intercountry Adoption Coordinator" is a staff person 8 of the Department of Children and Family Services appointed 9 by the Director to coordinate the provision of services by 10 the public and private sector to prospective parents of 11 foreign-born children. 12 M. "Interstate Compact on the Placement of Children" is 13 a law enacted by most states for the purpose of establishing 14 uniform procedures for handling the interstate placement of 15 children in foster homes, adoptive homes, or other child care 16 facilities. 17 N. "Non-Compact state" means a state that has not 18 enacted the Interstate Compact on the Placement of Children. 19 O. "Preadoption requirements" are any conditions 20 established by the laws or regulations of the Federal 21 Government or of each state that must be met prior to the 22 placement of a child in an adoptive home. 23 P. "Abused child" means a child whose parent or 24 immediate family member, or any person responsible for the 25 child's welfare, or any individual residing in the same home 26 as the child, or a paramour of the child's parent: 27 (a) inflicts, causes to be inflicted, or allows to 28 be inflicted upon the child physical injury, by other 29 than accidental means, that causes death, disfigurement, 30 impairment of physical or emotional health, or loss or 31 impairment of any bodily function; 32 (b) creates a substantial risk of physical injury 33 to the child by other than accidental means which would 34 be likely to cause death, disfigurement, impairment of HB3935 Engrossed -22- LRB9112161WHcs 1 physical or emotional health, or loss or impairment of 2 any bodily function; 3 (c) commits or allows to be committed any sex 4 offense against the child, as sex offenses are defined in 5 the Criminal Code of 1961 and extending those definitions 6 of sex offenses to include children under 18 years of 7 age; 8 (d) commits or allows to be committed an act or 9 acts of torture upon the child; or 10 (e) inflicts excessive corporal punishment. 11 Q. "Neglected child" means any child whose parent or 12 other person responsible for the child's welfare withholds or 13 denies nourishment or medically indicated treatment including 14 food or care denied solely on the basis of the present or 15 anticipated mental or physical impairment as determined by a 16 physician acting alone or in consultation with other 17 physicians or otherwise does not provide the proper or 18 necessary support, education as required by law, or medical 19 or other remedial care recognized under State law as 20 necessary for a child's well-being, or other care necessary 21 for his or her well-being, including adequate food, clothing 22 and shelter; or who is abandoned by his or her parents or 23 other person responsible for the child's welfare. 24 A child shall not be considered neglected or abused for 25 the sole reason that the child's parent or other person 26 responsible for his or her welfare depends upon spiritual 27 means through prayer alone for the treatment or cure of 28 disease or remedial care as provided under Section 4 of the 29 Abused and Neglected Child Reporting Act. 30 R. "Putative father" means a man who may be a child's 31 father, but who (1) is not married to the child's mother on 32 or before the date that the child was or is to be born and 33 (2) has not established paternity of the child in a court 34 proceeding before the filing of a petition for the adoption HB3935 Engrossed -23- LRB9112161WHcs 1 of the child. The term includes a male who is less than 18 2 years of age. "Putative father" does not mean a man who is 3 the child's father as a result of criminal sexual abuse or 4 assault as defined under Article 12 of the Criminal Code of 5 1961. 6 S. "Standby adoption" means an adoption in which a 7 terminally ill parent consents to custody and termination of 8 parental rights to become effective upon the occurrence of a 9 future event, which is either the death of the terminally ill 10 parent or the request of the parent for the entry of a final 11 judgment of adoption. 12 T. "Terminally ill parent" means a person who has a 13 medical prognosis by a physician licensed to practice 14 medicine in all of its branches that the person has an 15 incurable and irreversible condition which will lead to 16 death. 17 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 18 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, 19 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 20 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, 21 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; 22 revised 8-31-99.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.