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| [ Introduced ] | [ Engrossed ] | [ House Amendment 003 ] |
91_HB3935ham001
LRB9112161WHdvam01
1 AMENDMENT TO HOUSE BILL 3935
2 AMENDMENT NO. . Amend House Bill 3935 on page 1, by
3 replacing line 6 with the following:
4 "changing Sections 1-5, 2-21, 2-27, 2-29, 3-30, and 4-27 as
5 follows:"; and
6 on page 6, by replacing lines 28 through 30 with the
7 following:
8 "of a parent's parental rights is sought may be tried by a
9 jury. In all such proceedings, a jury demand is required
10 and the right to a trial by jury may be waived."; and
11 on page 6, by inserting after line 32 the following:
12 "(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
13 Sec. 2-21. Findings and adjudication.
14 (1) The court shall state for the record the manner in
15 which the parties received service of process and shall note
16 whether the return or returns of service, postal return
17 receipt or receipts for notice by certified mail, or
18 certificate or certificates of publication have been filed in
19 the court record. The court shall enter any appropriate
20 orders of default against any parent who has been properly
21 served in any manner and fails to appear.
22 No further service of process as defined in Sections 2-15
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1 and 2-16 is required in any subsequent proceeding for a
2 parent who was properly served in any manner, except as
3 required by Supreme Court Rule 11.
4 The caseworker shall testify about the diligent search
5 conducted for the parent.
6 After hearing the evidence the court shall determine
7 whether or not the minor is abused, neglected, or dependent.
8 If it finds that the minor is not such a person, the court
9 shall order the petition dismissed and the minor discharged.
10 The court's determination of whether the minor is abused,
11 neglected, or dependent shall be stated in writing with the
12 factual basis supporting that determination.
13 If the court finds that the minor is abused, neglected,
14 or dependent, the court shall then determine and put in
15 writing the factual basis supporting that determination, and
16 specify, to the extent possible, the acts or omissions or
17 both of each parent, guardian, or legal custodian that form
18 the basis of the court's findings. That finding shall appear
19 in the order of the court.
20 If the court finds that the child has been abused,
21 neglected or dependent, the court shall admonish the parents
22 that they must cooperate with the Department of Children and
23 Family Services, comply with the terms of the service plan,
24 and correct the conditions that require the child to be in
25 care, or risk termination of parental rights.
26 If the court determines that a person has inflicted
27 physical or sexual abuse upon a minor, the court shall report
28 that determination to the Department of State Police, which
29 shall include that information in its report to the President
30 of the school board for a school district that requests a
31 criminal background investigation of that person as required
32 under Section 10-21.9 or 34-18.5 of the School Code.
33 (2) If, pursuant to subsection (1) of this Section, the
34 court determines and puts in writing the factual basis
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1 supporting the determination that the minor is either abused
2 or neglected or dependent, the court shall then set a time
3 not later than 30 days after the entry of the finding for a
4 dispositional hearing (unless an earlier date is required
5 pursuant to Section 2-13.1) to be conducted under Section
6 2-22 at which hearing the court shall determine whether it is
7 consistent with the health, safety and best interests of the
8 minor and the public that he be made a ward of the court. To
9 assist the court in making this and other determinations at
10 the dispositional hearing, the court may order that an
11 investigation be conducted and a dispositional report be
12 prepared concerning the minor's physical and mental history
13 and condition, family situation and background, economic
14 status, education, occupation, history of delinquency or
15 criminality, personal habits, and any other information that
16 may be helpful to the court. The dispositional hearing may
17 be continued once for a period not to exceed 30 days if the
18 court finds that such continuance is necessary to complete
19 the dispositional report.
20 (3) The time limits of this Section may be waived only
21 by consent of all parties and approval by the court, as
22 determined to be consistent with the health, safety and best
23 interests of the minor.
24 (4) For all cases adjudicated prior to July 1, 1991, for
25 which no dispositional hearing has been held prior to that
26 date, a dispositional hearing under Section 2-22 shall be
27 held within 90 days of July 1, 1991.
28 (5) The court may terminate the parental rights of a
29 parent at the initial dispositional hearing if all of the
30 following conditions are met:
31 (i) the original or amended petition contains a
32 request for termination of parental rights and
33 appointment of a guardian with power to consent to
34 adoption; and
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1 (ii) the court has found by a preponderance of
2 evidence, introduced or stipulated to at an adjudicatory
3 hearing, that the child comes under the jurisdiction of
4 the court as an abused, neglected, or dependent minor
5 under Section 2-18; and
6 (iii) the court finds, on the basis of clear and
7 convincing evidence admitted at the adjudicatory hearing
8 that the parent is an unfit person under subdivision D of
9 Section 1 of the Adoption Act; and
10 (iv) the court determines in accordance with the
11 rules of evidence for dispositional proceedings, that:
12 (A) it is in the best interest of the minor
13 and public that the child be made a ward of the
14 court;
15 (A-5) reasonable efforts under subsection
16 (l-1) of Section 5 of the Children and Family
17 Services Act are inappropriate or such efforts were
18 made and were unsuccessful; and
19 (B) termination of parental rights and
20 appointment of a guardian with power to consent to
21 adoption is in the best interest of the child
22 pursuant to Section 2-29.
23 Notwithstanding any other provision of law, in a
24 contested proceeding in which the termination of a parent's
25 parental rights is sought, the petitioner has the burden of
26 proving the allegations in the petition beyond a reasonable
27 doubt.
28 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
29 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
30 eff. 8-16-97; 90-566, eff. 1-2-98; 90-608, eff. 6-30-98.)
31 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
32 Sec. 2-27. Placement; legal custody or guardianship.
33 (1) If the court determines and puts in writing the
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1 factual basis supporting the determination of whether the
2 parents, guardian, or legal custodian of a minor adjudged a
3 ward of the court are unfit or are unable, for some reason
4 other than financial circumstances alone, to care for,
5 protect, train or discipline the minor or are unwilling to do
6 so, and that the health, safety, and best interest of the
7 minor will be jeopardized if the minor remains in the custody
8 of his or her parents, guardian or custodian, the court may
9 at this hearing and at any later point:
10 (a) place the minor in the custody of a suitable
11 relative or other person as legal custodian or guardian;
12 (a-5) with the approval of the Department of
13 Children and Family Services, place the minor in the
14 subsidized guardianship of a suitable relative or other
15 person as legal guardian; "subsidized guardianship" means
16 a private guardianship arrangement for children for whom
17 the permanency goals of return home and adoption have
18 been ruled out and who meet the qualifications for
19 subsidized guardianship as defined by the Department of
20 Children and Family Services in administrative rules;
21 (b) place the minor under the guardianship of a
22 probation officer;
23 (c) commit the minor to an agency for care or
24 placement, except an institution under the authority of
25 the Department of Corrections or of the Department of
26 Children and Family Services;
27 (d) commit the minor to the Department of Children
28 and Family Services for care and service; however, a
29 minor charged with a criminal offense under the Criminal
30 Code of 1961 or adjudicated delinquent shall not be
31 placed in the custody of or committed to the Department
32 of Children and Family Services by any court, except a
33 minor less than 13 years of age and committed to the
34 Department of Children and Family Services under Section
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1 5-710 of this Act. The Department shall be given due
2 notice of the pendency of the action and the Guardianship
3 Administrator of the Department of Children and Family
4 Services shall be appointed guardian of the person of the
5 minor. Whenever the Department seeks to discharge a minor
6 from its care and service, the Guardianship Administrator
7 shall petition the court for an order terminating
8 guardianship. The Guardianship Administrator may
9 designate one or more other officers of the Department,
10 appointed as Department officers by administrative order
11 of the Department Director, authorized to affix the
12 signature of the Guardianship Administrator to documents
13 affecting the guardian-ward relationship of children for
14 whom he or she has been appointed guardian at such times
15 as he or she is unable to perform the duties of his or
16 her office. The signature authorization shall include but
17 not be limited to matters of consent of marriage,
18 enlistment in the armed forces, legal proceedings,
19 adoption, major medical and surgical treatment and
20 application for driver's license. Signature
21 authorizations made pursuant to the provisions of this
22 paragraph shall be filed with the Secretary of State and
23 the Secretary of State shall provide upon payment of the
24 customary fee, certified copies of the authorization to
25 any court or individual who requests a copy.
26 (1.5) In making a determination under this Section, the
27 court shall also consider whether, based on health, safety,
28 and the best interests of the minor,
29 (a) appropriate services aimed at family
30 preservation and family reunification have been
31 unsuccessful in rectifying the conditions that have led
32 to a finding of unfitness or inability to care for,
33 protect, train, or discipline the minor, or
34 (b) no family preservation or family reunification
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1 services would be appropriate,
2 and if the petition or amended petition contained an
3 allegation that the parent is an unfit person as defined in
4 subdivision (D) of Section 1 of the Adoption Act, and the
5 order of adjudication recites that parental unfitness was
6 established by clear and convincing evidence, the court
7 shall, when appropriate and in the best interest of the
8 minor, enter an order terminating parental rights and
9 appointing a guardian with power to consent to adoption in
10 accordance with Section 2-29.
11 Notwithstanding any other provision of law, in a
12 contested proceeding in which the termination of a parent's
13 parental rights is sought, the petitioner has the burden of
14 proving the allegations in the petition beyond a reasonable
15 doubt.
16 When making a placement, the court, wherever possible,
17 shall require the Department of Children and Family Services
18 to select a person holding the same religious belief as that
19 of the minor or a private agency controlled by persons of
20 like religious faith of the minor and shall require the
21 Department to otherwise comply with Section 7 of the Children
22 and Family Services Act in placing the child. In addition,
23 whenever alternative plans for placement are available, the
24 court shall ascertain and consider, to the extent appropriate
25 in the particular case, the views and preferences of the
26 minor.
27 (2) When a minor is placed with a suitable relative or
28 other person pursuant to item (a) of subsection (1), the
29 court shall appoint him or her the legal custodian or
30 guardian of the person of the minor. When a minor is
31 committed to any agency, the court shall appoint the proper
32 officer or representative thereof as legal custodian or
33 guardian of the person of the minor. Legal custodians and
34 guardians of the person of the minor have the respective
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1 rights and duties set forth in subsection (9) of Section 1-3
2 except as otherwise provided by order of court; but no
3 guardian of the person may consent to adoption of the minor
4 unless that authority is conferred upon him or her in
5 accordance with Section 2-29. An agency whose representative
6 is appointed guardian of the person or legal custodian of the
7 minor may place the minor in any child care facility, but the
8 facility must be licensed under the Child Care Act of 1969 or
9 have been approved by the Department of Children and Family
10 Services as meeting the standards established for such
11 licensing. No agency may place a minor adjudicated under
12 Sections 2-3 or 2-4 in a child care facility unless the
13 placement is in compliance with the rules and regulations for
14 placement under this Section promulgated by the Department of
15 Children and Family Services under Section 5 of the Children
16 and Family Services Act. Like authority and restrictions
17 shall be conferred by the court upon any probation officer
18 who has been appointed guardian of the person of a minor.
19 (3) No placement by any probation officer or agency
20 whose representative is appointed guardian of the person or
21 legal custodian of a minor may be made in any out of State
22 child care facility unless it complies with the Interstate
23 Compact on the Placement of Children. Placement with a
24 parent, however, is not subject to that Interstate Compact.
25 (4) The clerk of the court shall issue to the legal
26 custodian or guardian of the person a certified copy of the
27 order of court, as proof of his authority. No other process
28 is necessary as authority for the keeping of the minor.
29 (5) Custody or guardianship granted under this Section
30 continues until the court otherwise directs, but not after
31 the minor reaches the age of 19 years except as set forth in
32 Section 2-31.
33 (6) (Blank).
34 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512,
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1 eff. 8-22-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98;
2 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
3 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
4 Sec. 2-29. Adoption; appointment of guardian with power
5 to consent.
6 (1) With leave of the court, a minor who is the subject
7 of an abuse, neglect, or dependency petition under this Act
8 may be the subject of a petition for adoption under the
9 Adoption Act.
10 (1.1) The parent or parents of a child in whose interest
11 a petition under Section 2-13 of this Act is pending may, in
12 the manner required by the Adoption Act, (a) surrender him or
13 her for adoption to an agency legally authorized or licensed
14 to place children for adoption, (b) consent to his or her
15 adoption, or (c) consent to his or her adoption by a
16 specified person or persons. Nothing in this Section requires
17 that the parent or parents execute the surrender, consent, or
18 consent to adoption by a specified person in open court.
19 (2) If a petition or motion alleges and the court finds
20 that it is in the best interest of the minor that parental
21 rights be terminated and the petition or motion requests that
22 a guardian of the person be appointed and authorized to
23 consent to the adoption of the minor, the court, with the
24 consent of the parents, if living, or after finding, based
25 upon clear and convincing evidence, that a parent is an unfit
26 person as defined in Section 1 of the Adoption Act, may
27 terminate parental rights and empower the guardian of the
28 person of the minor, in the order appointing him or her as
29 such guardian, to appear in court where any proceedings for
30 the adoption of the minor may at any time be pending and to
31 consent to the adoption. Such consent is sufficient to
32 authorize the court in the adoption proceedings to enter a
33 proper order or judgment of adoption without further notice
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1 to, or consent by, the parents of the minor. An order so
2 empowering the guardian to consent to adoption deprives the
3 parents of the minor of all legal rights as respects the
4 minor and relieves them of all parental responsibility for
5 him or her, and frees the minor from all obligations of
6 maintenance and obedience to his or her natural parents.
7 If the minor is over 14 years of age, the court may, in
8 its discretion, consider the wishes of the minor in
9 determining whether the best interests of the minor would be
10 promoted by the finding of the unfitness of a non-consenting
11 parent.
12 (2.1) Notice to a parent who has appeared or been served
13 with summons personally or by certified mail, and for whom an
14 order of default has been entered on the petition for
15 wardship and has not been set aside shall be provided in
16 accordance with Supreme Court Rule 11. Notice to a parent
17 who was served by publication and for whom an order of
18 default has been entered on the petition for wardship and has
19 not been set aside shall be provided in accordance with
20 Sections 2-15 and 2-16.
21 (3) Parental consent to the order terminating parental
22 rights and authorizing the guardian of the person to consent
23 to adoption of the minor must be in writing and signed in the
24 form provided in the Adoption Act, but no names of
25 petitioners for adoption need be included.
26 (4) A finding of the unfitness of a parent must be made
27 in compliance with the Adoption Act, without regard to the
28 likelihood that the child will be placed for adoption, and be
29 based upon clear and convincing evidence. Provisions of the
30 Adoption Act relating to minor parents and to mentally ill or
31 mentally deficient parents apply to proceedings under this
32 Section and any findings with respect to such parents shall
33 be based upon clear and convincing evidence.
34 Notwithstanding any other provision of law, in a
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1 contested proceeding in which the termination of a parent's
2 parental rights is sought, the petitioner has the burden of
3 proving the allegations in the petition beyond a reasonable
4 doubt.
5 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
6 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97;
7 90-608, eff. 6-30-98.)
8 (705 ILCS 405/3-30) (from Ch. 37, par. 803-30)
9 Sec. 3-30. Adoption; appointment of guardian with power
10 to consent. (1) A ward of the court under this Act, with the
11 consent of the court, may be the subject of a petition for
12 adoption under "An Act in relation to the adoption of
13 persons, and to repeal an Act therein named", approved July
14 17, 1959, as amended, or with like consent his or her parent
15 or parents may, in the manner required by such Act, surrender
16 him or her for adoption to an agency legally authorized or
17 licensed to place children for adoption.
18 (2) If the petition prays and the court finds that it is
19 in the best interests of the minor that a guardian of the
20 person be appointed and authorized to consent to the adoption
21 of the minor, the court with the consent of the parents, if
22 living, or after finding, based upon clear and convincing
23 evidence, that a non-consenting parent is an unfit person as
24 defined in Section 1 of "An Act in relation to the adoption
25 of persons, and to repeal an Act therein named", approved
26 July 17, 1959, as amended, may empower the guardian of the
27 person of the minor, in the order appointing him or her as
28 such guardian, to appear in court where any proceedings for
29 the adoption of the minor may at any time be pending and to
30 consent to the adoption. Such consent is sufficient to
31 authorize the court in the adoption proceedings to enter a
32 proper order or judgment of adoption without further notice
33 to, or consent by, the parents of the minor. An order so
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1 empowering the guardian to consent to adoption terminates
2 parental rights, deprives the parents of the minor of all
3 legal rights as respects the minor and relieves them of all
4 parental responsibility for him or her, and frees the minor
5 from all obligations of maintenance and obedience to his or
6 her natural parents.
7 If the minor is over 14 years of age, the court may, in
8 its discretion, consider the wishes of the minor in
9 determining whether the best interests of the minor would be
10 promoted by the finding of the unfitness of a non-consenting
11 parent.
12 (3) Parental consent to the order authorizing the
13 guardian of the person to consent to adoption of the Minor
14 shall be given in open court whenever possible and otherwise
15 must be in writing and signed in the form provided in "An Act
16 in relation to the adoption of persons, and to repeal an Act
17 therein named", approved July 17, 1959, as amended, but no
18 names of petitioners for adoption need be included. A finding
19 of the unfitness of a nonconsenting parent must be made in
20 compliance with that Act and be based upon clear and
21 convincing evidence. Provisions of that Act relating to
22 minor parents and to mentally ill or mentally deficient
23 parents apply to proceedings under this Section and shall be
24 based upon clear and convincing evidence.
25 Notwithstanding any other provision of law, in a
26 contested proceeding in which the termination of a parent's
27 parental rights is sought, the petitioner has the burden of
28 proving the allegations in the petition beyond a reasonable
29 doubt.
30 (Source: P.A. 85-601.)
31 (705 ILCS 405/4-27) (from Ch. 37, par. 804-27)
32 Sec. 4-27. Adoption; appointment of guardian with power
33 to consent. (1) A ward of the court under this Act, with the
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1 consent of the court, may be the subject of a petition for
2 adoption under "An Act in relation to the adoption of
3 persons, and to repeal an Act therein named", approved July
4 17, 1959, as amended, or with like consent his or her parent
5 or parents may, in the manner required by such Act, surrender
6 him or her for adoption to an agency legally authorized or
7 licensed to place children for adoption.
8 (2) If the petition prays and the court finds that it is
9 in the best interests of the minor that a guardian of the
10 person be appointed and authorized to consent to the adoption
11 of the minor, the court with the consent of the parents, if
12 living, or after finding, based upon clear and convincing
13 evidence, that a non-consenting parent is an unfit person as
14 defined in Section 1 of "An Act in relation to the adoption
15 of persons, and to repeal an Act therein named", approved
16 July 17, 1959, as amended, may empower the guardian of the
17 person of the minor, in the order appointing him or her as
18 such guardian, to appear in court where any proceedings for
19 the adoption of the minor may at any time be pending and to
20 consent to the adoption. Such consent is sufficient to
21 authorize the court in the adoption proceedings to enter a
22 proper order or judgment of adoption without further notice
23 to, or consent by, the parents of the minor. An order so
24 empowering the guardian to consent to adoption terminates
25 parental rights, deprives the parents of the minor of all
26 legal rights as respects the minor and relieves them of all
27 parental responsibility for him or her, and frees the minor
28 from all obligations of maintenance and obedience to his or
29 her natural parents.
30 If the minor is over 14 years of age, the court may, in
31 its discretion, consider the wishes of the minor in
32 determining whether the best interests of the minor would be
33 promoted by the finding of the unfitness of a non-consenting
34 parent.
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1 (3) Parental consent to the order authorizing the
2 guardian of the person to consent to adoption of the Minor
3 shall be given in open court whenever possible and otherwise
4 must be in writing and signed in the form provided in "An Act
5 in relation to the adoption of persons, and to repeal an Act
6 therein named", approved July 17, 1959, as amended, but no
7 names of petitioners for adoption need be included. A finding
8 of the unfitness of a nonconsenting parent must be made in
9 compliance with that Act and be based upon clear and
10 convincing evidence. Provisions of that Act relating to
11 minor parents and to mentally ill or mentally deficient
12 parents apply to proceedings under this Section and shall be
13 based upon clear and convincing evidence.
14 Notwithstanding any other provision of law, in a
15 contested proceeding in which the termination of a parent's
16 parental rights is sought, the petitioner has the burden of
17 proving the allegations in the petition beyond a reasonable
18 doubt.
19 (Source: P.A. 85-601.)"; and
20 on page 7, by replacing line 1 with the following:
21 "Sections 8 and 20 as follows:
22 (750 ILCS 50/8) (from Ch. 40, par. 1510)
23 Sec. 8. Consents to adoption and surrenders for purposes
24 of adoption.
25 (a) Except as hereinafter provided in this Section
26 consents or surrenders shall be required in all cases, unless
27 the person whose consent or surrender would otherwise be
28 required shall be found by the court:
29 (1) to be an unfit person as defined in Section 1
30 of this Act, by clear and convincing evidence; or
31 (2) not to be the biological or adoptive father of
32 the child; or
33 (3) to have waived his parental rights to the child
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1 under Section 12a or 12.1 of this Act; or
2 (4) to be the parent of an adult sought to be
3 adopted; or
4 (5) to be the father of the child as a result of
5 criminal sexual abuse or assault as defined under Article
6 12 of the Criminal Code of 1961.
7 Notwithstanding any other provision of law, in a
8 contested proceeding in which the termination of a parent's
9 parental rights is sought, the petitioner has the burden of
10 proving the allegations in the petition beyond a reasonable
11 doubt.
12 (b) Where consents are required in the case of an
13 adoption of a minor child, the consents of the following
14 persons shall be sufficient:
15 (1) (A) The mother of the minor child; and
16 (B) The father of the minor child, if the father:
17 (i) was married to the mother on the date of
18 birth of the child or within 300 days before the
19 birth of the child, except for a husband or former
20 husband who has been found by a court of competent
21 jurisdiction not to be the biological father of the
22 child; or
23 (ii) is the father of the child under a
24 judgment for adoption, an order of parentage, or an
25 acknowledgment of parentage or paternity pursuant to
26 subsection (a) of Section 5 of the Illinois
27 Parentage Act of 1984; or
28 (iii) in the case of a child placed with the
29 adopting parents less than 6 months after birth,
30 openly lived with the child, the child's biological
31 mother, or both, and held himself out to be the
32 child's biological father during the first 30 days
33 following the birth of the child; or
34 (iv) in the case of a child placed with the
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1 adopting parents less than 6 months after birth,
2 made a good faith effort to pay a reasonable amount
3 of the expenses related to the birth of the child
4 and to provide a reasonable amount for the financial
5 support of the child before the expiration of 30
6 days following the birth of the child, provided that
7 the court may consider in its determination all
8 relevant circumstances, including the financial
9 condition of both biological parents; or
10 (v) in the case of a child placed with the
11 adopting parents more than 6 months after birth, has
12 maintained substantial and continuous or repeated
13 contact with the child as manifested by: (I) the
14 payment by the father toward the support of the
15 child of a fair and reasonable sum, according to the
16 father's means, and either (II) the father's
17 visiting the child at least monthly when physically
18 and financially able to do so and not prevented from
19 doing so by the person or authorized agency having
20 lawful custody of the child, or (III) the father's
21 regular communication with the child or with the
22 person or agency having the care or custody of the
23 child, when physically and financially unable to
24 visit the child or prevented from doing so by the
25 person or authorized agency having lawful custody of
26 the child. The subjective intent of the father,
27 whether expressed or otherwise unsupported by
28 evidence of acts specified in this sub-paragraph as
29 manifesting such intent, shall not preclude a
30 determination that the father failed to maintain
31 substantial and continuous or repeated contact with
32 the child; or
33 (vi) in the case of a child placed with the
34 adopting parents more than six months after birth,
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1 openly lived with the child for a period of six
2 months within the one year period immediately
3 preceding the placement of the child for adoption
4 and openly held himself out to be the father of the
5 child; or
6 (vii) has timely registered with Putative
7 Father Registry, as provided in Section 12.1 of this
8 Act, and prior to the expiration of 30 days from the
9 date of such registration, commenced legal
10 proceedings to establish paternity under the
11 Illinois Parentage Act of 1984 or under the law of
12 the jurisdiction of the child's birth; or
13 (2) The legal guardian of the person of the child,
14 if there is no surviving parent; or
15 (3) An agency, if the child has been surrendered
16 for adoption to such agency; or
17 (4) Any person or agency having legal custody of a
18 child by court order if the parental rights of the
19 parents have been judicially terminated, and the court
20 having jurisdiction of the guardianship of the child has
21 authorized the consent to the adoption; or
22 (5) The execution and verification of the petition
23 by any petitioner who is also a parent of the child
24 sought to be adopted shall be sufficient evidence of such
25 parent's consent to the adoption.
26 (c) Where surrenders to an agency are required in the
27 case of a placement for adoption of a minor child by an
28 agency, the surrenders of the following persons shall be
29 sufficient:
30 (1) (A) The mother of the minor child; and
31 (B) The father of the minor child, if the father:
32 (i) was married to the mother on the date of
33 birth of the child or within 300 days before the
34 birth of the child, except for a husband or former
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1 husband who has been found by a court of competent
2 jurisdiction not to be the biological father of the
3 child; or
4 (ii) is the father of the child under a
5 judgment for adoption, an order of parentage, or an
6 acknowledgment of parentage or paternity pursuant to
7 subsection (a) of Section 5 of the Illinois
8 Parentage Act of 1984; or
9 (iii) in the case of a child placed with the
10 adopting parents less than 6 months after birth,
11 openly lived with the child, the child's biological
12 mother, or both, and held himself out to be the
13 child's biological father during the first 30 days
14 following the birth of a child; or
15 (iv) in the case of a child placed with the
16 adopting parents less than 6 months after birth,
17 made a good faith effort to pay a reasonable amount
18 of the expenses related to the birth of the child
19 and to provide a reasonable amount for the financial
20 support of the child before the expiration of 30
21 days following the birth of the child, provided that
22 the court may consider in its determination all
23 relevant circumstances, including the financial
24 condition of both biological parents; or
25 (v) in the case of a child placed with the
26 adopting parents more than six months after birth,
27 has maintained substantial and continuous or
28 repeated contact with the child as manifested by:
29 (I) the payment by the father toward the support of
30 the child of a fair and reasonable sum, according to
31 the father's means, and either (II) the father's
32 visiting the child at least monthly when physically
33 and financially able to do so and not prevented from
34 doing so by the person or authorized agency having
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1 lawful custody of the child or (III) the father's
2 regular communication with the child or with the
3 person or agency having the care or custody of the
4 child, when physically and financially unable to
5 visit the child or prevented from doing so by the
6 person or authorized agency having lawful custody of
7 the child. The subjective intent of the father,
8 whether expressed or otherwise, unsupported by
9 evidence of acts specified in this sub-paragraph as
10 manifesting such intent, shall not preclude a
11 determination that the father failed to maintain
12 substantial and continuous or repeated contact with
13 the child; or
14 (vi) in the case of a child placed with the
15 adopting parents more than six months after birth,
16 openly lived with the child for a period of six
17 months within the one year period immediately
18 preceding the placement of the child for adoption
19 and openly held himself out to be the father of the
20 child; or
21 (vii) has timely registered with the Putative
22 Father Registry, as provided in Section 12.1 of this
23 Act, and prior to the expiration of 30 days from the
24 date of such registration, commenced legal
25 proceedings to establish paternity under the
26 Illinois Parentage Act of 1984, or under the law of
27 the jurisdiction of the child's birth.
28 (d) In making a determination under subparagraphs (b)(1)
29 and (c)(1), no showing shall be required of diligent efforts
30 by a person or agency to encourage the father to perform the
31 acts specified therein.
32 (e) In the case of the adoption of an adult, only the
33 consent of such adult shall be required.
34 (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)";
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1 and
2 on page 7, by replacing lines 15 through 17 with the
3 following:
4 "parent's parental rights is sought may be tried by a jury.
5 In all such proceedings, a jury demand is required and the
6 right to a trial by jury may be waived.
7 Notwithstanding any other provision of law, in a
8 contested proceeding in which the termination of a
9 parent's parental rights is sought, the petitioner has the
10 burden of proving the allegations in the petition beyond
11 a reasonable doubt.".