State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


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


92_SB0216

 
                                               LRB9203754DJmb

 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  1.  Short  title.  This  Act  be  cited  as  the
 5    Abandoned Newborn Infant Protection Act.

 6        Section   5.  Public  policy.  Illinois  recognizes  that
 7    newborn infants have been abandoned to the environment or  to
 8    other circumstances that may be unsafe to the newborn infant.
 9    These  circumstances  have caused injury and death to newborn
10    infants and give rise  to  potential  criminal  liability  to
11    parents.  This  Act  is intended to provide a mechanism for a
12    newborn infant to be relinquished to a safe  environment  and
13    for  the  parents  of  the  infant to remain anonymous and to
14    avoid criminal liability for the  act  of  relinquishing  the
15    infant. It is recognized that established adoption procedures
16    are  preferable  to  relinquishing a child, but to reduce the
17    chance of injury to a newborn infant,  this  Act  provides  a
18    safe alternative.

19        Section 10. Definitions. In this Act:
20        "Abandon"  has  the  same  meaning  as  in the Abused and
21    Neglected Child Reporting Act.
22        "Abused child" has the same meaning as in the Abused  and
23    Neglected Child Reporting Act.
24        "Child-placing agency" means a licensed public or private
25    agency  that  receives  a child for the purpose of placing or
26    arranging for the placement of the child in a  foster  family
27    home or other facility for child care, apart from the custody
28    of the child's parents or legal guardian.
29        "Department"  or  "DCFS" means the Illinois Department of
30    Children and Family Services.
 
                            -2-                LRB9203754DJmb
 1        "Emergency  medical  facility"   means   a   freestanding
 2    emergency   center  or  trauma  center,  as  defined  in  the
 3    Emergency Medical Services (EMS) Systems Act.
 4        "Emergency  medical   professional"   includes   licensed
 5    physicians,   and  any  emergency  medical  technician-basic,
 6    emergency medical technician-intermediate, emergency  medical
 7    technician-paramedic,    trauma    nurse    specialist,   and
 8    pre-hospital RN, as defined in the Emergency Medical Services
 9    (EMS) Systems Act.
10        "Fire station" means a fire station within the State that
11    is staffed with at  least  one  full-time  emergency  medical
12    professional.
13        "Hospital"  has  the  same  meaning  as  in  the Hospital
14    Licensing Act.
15        "Legal custody" means the relationship created by a court
16    order in the best interest of a newborn infant  that  imposes
17    on  the  infant's  custodian  the  responsibility of physical
18    possession of the infant, the duty  to  protect,  train,  and
19    discipline  the  infant,  and  the duty to provide the infant
20    with food, shelter, education, and medical  care,  except  as
21    these are limited by parental rights and responsibilities.
22        "Neglected  child"  has the same meaning as in the Abused
23    and Neglected Child Reporting Act.
24        "Newborn infant" means a child who a  licensed  physician
25    reasonably  believes  is  30 days old or less at the time the
26    child is initially relinquished to a hospital, fire  station,
27    or  emergency medical facility, and who is not an abused or a
28    neglected child.
29        "Relinquish" means to  bring  a  newborn  infant,  who  a
30    licensed  physician  reasonably  believes  is  30 days old or
31    less, to a  hospital,  fire  station,  or  emergency  medical
32    facility  and  to  leave  the  infant  with  personnel of the
33    facility, if the person leaving the infant does  not  express
34    an  intent  to return for the infant or states that he or she
 
                            -3-                LRB9203754DJmb
 1    will not return for the infant.
 2        "Temporary  protective  custody"  means   the   temporary
 3    placement  of  a  newborn  infant  within a hospital or other
 4    medical facility out of the custody of the infant's parent or
 5    legal guardian.

 6        Section 15. Presumptions.
 7        (a)  There is  a  presumption  that  by  relinquishing  a
 8    newborn  infant  in  accordance  with  this Act, the infant's
 9    parent or legal guardian consents to the termination  of  his
10    or her parental rights with respect to the infant.
11        (b)  There is a presumption that a person relinquishing a
12    newborn infant in accordance with this Act:
13             (1)  either  (i)  is  the newborn infant's parent or
14        legal guardian or (ii) is not the newborn infant's parent
15        or legal guardian but relinquished the  infant  with  the
16        knowledge and permission of a parent or legal guardian of
17        the infant; and
18             (2)  either  without  expressing an intent to return
19        for the infant or expressing an intent not to return  for
20        the  infant,  did  intend to relinquish the infant to the
21        hospital, fire station, or emergency medical facility  to
22        treat, care for, and provide for the infant in accordance
23        with this Act.
24        (c)  A parent or legal guardian of a relinquished newborn
25    infant   may  rebut  the  presumption  set  forth  in  either
26    subsection (a) or subsection (b) pursuant to Section  55,  at
27    any  time  before  the  termination  of the parent's or legal
28    guardian's parental rights.

29        Section  20.  Procedures  with  respect  to  relinquished
30    newborn infants.
31        (a)  Hospitals. Every hospital must  accept  and  provide
32    all  necessary  emergency services and care to a relinquished
 
                            -4-                LRB9203754DJmb
 1    newborn infant, in accordance with this Act.
 2        The act of  relinquishing  a  newborn  infant  serves  as
 3    implied  consent  for  the hospital and its medical personnel
 4    and physicians on staff to treat and  provide  care  for  the
 5    infant.
 6        The hospital shall be deemed to have temporary protective
 7    custody  of a relinquished newborn infant until the infant is
 8    discharged to the legal custody of a child-placing agency  or
 9    the Department.
10        (b)  Fire  stations  and  emergency  medical  facilities.
11    Every fire station and emergency medical facility must accept
12    and  provide  all  necessary emergency services and care to a
13    relinquished newborn infant, in accordance with this Act.
14        The act of  relinquishing  a  newborn  infant  serves  as
15    implied  consent  for  the  fire station or emergency medical
16    facility and its emergency medical professionals to treat and
17    provide care  for  the  infant,  to  the  extent  that  those
18    emergency  medical professionals are trained to provide those
19    services.
20        After the relinquishment of a newborn infant  to  a  fire
21    station  or  emergency  medical facility, the fire station or
22    emergency medical facility's personnel must arrange  for  the
23    transportation  of the infant to the nearest hospital as soon
24    as transportation can be arranged.

25        Section 25. Immunity for relinquishing person.
26        (a)  The act of  relinquishing  a  newborn  infant  to  a
27    hospital,  fire  station,  or  emergency  medical facility in
28    accordance with this Act does not, by  itself,  constitute  a
29    basis  for a finding of abuse, neglect, or abandonment of the
30    infant pursuant to the laws of this State.
31        (b)  If there is suspected child abuse or neglect that is
32    not based solely on the newborn infant's relinquishment to  a
33    hospital,  fire  station,  or emergency medical facility, the
 
                            -5-                LRB9203754DJmb
 1    personnel of the hospital, fire station, or emergency medical
 2    facility who are mandated  reporters  under  the  Abused  and
 3    Neglected  Child  Reporting  Act  must  report  the  abuse or
 4    neglect pursuant to that Act.
 5        (c)  Neither  a  child  protective  investigation  nor  a
 6    criminal investigation must be  initiated  solely  because  a
 7    newborn infant is relinquished pursuant to this Act.

 8        Section  30.  Anonymity of relinquishing person. If there
 9    is no evidence of abuse or neglect of a relinquished  newborn
10    infant,  the  relinquishing  person  has  the right to remain
11    anonymous  and  to  leave  the  hospital,  fire  station,  or
12    emergency medical facility at any time and not be pursued  or
13    followed.

14        Section  35.  Information  for  relinquishing  person.  A
15    hospital, fire station, or emergency  medical  facility  that
16    receives  a  newborn  infant  relinquished in accordance with
17    this  Act  must  offer   an   information   packet   to   the
18    relinquishing    person   and   must   clearly   inform   the
19    relinquishing person  that  his  or  her  acceptance  of  the
20    information  is  completely  voluntary and that completion of
21    the  medical  history  form  may  be  done  anonymously.  The
22    information packet must include all of the following:
23             (1)  A medical history form  designed  to  ascertain
24        the  medical  history  of  the  newborn  infant  and  the
25        infant's family.
26             (2)  Written notice of the following:
27                  (A)  No  sooner than 60 days following the date
28             of the initial relinquishment of  the  infant  to  a
29             hospital,   fire   station,   or  emergency  medical
30             facility, the State will  commence  proceedings  for
31             the  involuntary  termination of parental rights and
32             placement of the infant for adoption.
 
                            -6-                LRB9203754DJmb
 1                  (B)  Failure of a parent or legal  guardian  of
 2             the  infant  to  contact the Department and petition
 3             for the return of custody of the infant  before  the
 4             termination  of  parental  rights  bars  any  future
 5             action  asserting  legal  rights with respect to the
 6             infant.
 7             (3)  A resource  list  of  providers  of  counseling
 8        services    including    grief    counseling,   pregnancy
 9        counseling, and counseling regarding adoption  and  other
10        available options for placement of the infant.

11        Section 40. Reporting requirements.
12        (a)  Within  12  hours  after  accepting a newborn infant
13    from a  relinquishing  person  or  from  a  fire  station  or
14    emergency  medical  facility  in  accordance with this Act, a
15    hospital  must  report  to  the  Department's  State  Central
16    Registry for the purpose of transferring physical custody  of
17    the infant from the hospital to either a child-placing agency
18    or the Department.
19        (b)  Within  24  hours  after  receiving  a  report under
20    subsection (a), the Department must request  assistance  from
21    law enforcement officials to investigate the matter using the
22    National   Crime   Information  Center  to  ensure  that  the
23    relinquished newborn infant is not a missing child.
24        (c)  Once a hospital has made a report to the  Department
25    under  subsection  (a),  the  Department  must provide to the
26    hospital the name of a licensed  child-placing  agency.   The
27    hospital  must  then  arrange for the child-placing agency to
28    accept physical custody of the relinquished newborn infant.
29        (d)  If a relinquished child is not a newborn  infant  as
30    defined  in  this  Act,  the hospital and the Department must
31    proceed as if the child is an abused or neglected child.

32        Section 45.  Public aid. A newborn infant relinquished in
 
                            -7-                LRB9203754DJmb
 1    accordance with this Act is eligible for assistance under the
 2    Illinois Public Aid Code as provided in that Code.

 3        Section 50. Child-placing agency procedures.
 4        (a)  The  Department's  State   Central   Registry   must
 5    maintain a list of licensed child-placing agencies willing to
 6    take   legal  custody  of  newborn  infants  relinquished  in
 7    accordance with this Act. The names and  contact  information
 8    for  the  child-placing agencies on the list must be provided
 9    by the Department on  a  rotating  basis  to  every  hospital
10    reporting  to  the Department's State Central Registry that a
11    newborn infant has been relinquished in accordance with  this
12    Act.
13        (b)  Upon  notice  from  a hospital that a newborn infant
14    has  been  relinquished  in  accordance  with  this  Act,   a
15    child-placing  agency  must  accept the newborn infant if the
16    agency has the accommodations to do  so.   The  child-placing
17    agency  must  seek  an  order for legal custody of the infant
18    upon its acceptance of the infant.
19        (c)  If no  licensed  child-placing  agency  is  able  to
20    accept  the  relinquished newborn infant, then the Department
21    must assume responsibility for the infant.
22        (d)  A custody order issued under  subsection  (b)  shall
23    remain  in  effect  until a final adoption order based on the
24    relinquished newborn infant's best  interests  is  issued  in
25    accordance with this Act and the Adoption Act.
26        (e)  When possible, the child-placing agency must place a
27    relinquished newborn infant in a prospective adoptive home.
28        (f)  The  child-placing  agency must initiate proceedings
29    to (i) terminate the  parental  rights  of  the  relinquished
30    newborn  infant's  known  or  unknown parents, (ii) appoint a
31    guardian for the infant, and  (iii)  obtain  consent  to  the
32    infant's  adoption in accordance with this Act no sooner than
33    60 days following the date of the initial  relinquishment  of
 
                            -8-                LRB9203754DJmb
 1    the  infant  to  the  hospital,  fire  station,  or emergency
 2    medical facility.
 3        (g)  Before filing a petition for termination of parental
 4    rights, the Department must do the following:
 5             (1)  Search its Putative  Father  Registry  for  the
 6        purpose  of  determining the identity and location of the
 7        putative father of the relinquished  newborn  infant  who
 8        is,  or  is  expected  to  be, the subject of an adoption
 9        proceeding, in order to provide notice of the  proceeding
10        to  the  putative  father.  At  least  one  search of the
11        Registry must be conducted, at least 30  days  after  the
12        relinquished  newborn  infant's  estimated date of birth;
13        earlier searches may be conducted, however. Notice to any
14        potential putative father discovered in a search  of  the
15        Registry   according   to   the   estimated  age  of  the
16        relinquished newborn infant must be  in  accordance  with
17        section 12a of the Adoption Act.
18             (2)  Verify  with  law  enforcement officials, using
19        the  National  Crime   Information   Center,   that   the
20        relinquished newborn infant is not a missing child.

21        Section 55. Petition for return of custody.
22        (a)  A  parent  or  legal  guardian  of  a newborn infant
23    relinquished in accordance with this Act may petition for the
24    return of custody of the infant  before  the  termination  of
25    parental rights with respect to the infant.
26        (b)  A  parent  or  legal  guardian  of  a newborn infant
27    relinquished in accordance with this Act may petition for the
28    return of custody of the infant by contacting the  Department
29    and  filing  a  petition for return of custody in the circuit
30    court in which the proceeding for the termination of parental
31    rights is pending.
32        (c)  If a petition for the termination of parental rights
33    has not been filed by the State, the parent or legal guardian
 
                            -9-                LRB9203754DJmb
 1    of  the  relinquished  newborn  infant   must   contact   the
 2    Department, which must notify the parent or legal guardian of
 3    the  appropriate  court  in  which the petition for return of
 4    custody must be filed.
 5        (d)  The circuit court may hold the  proceeding  for  the
 6    termination  of  parental rights in abeyance for a period not
 7    to exceed 60 days from the date that the petition for  return
 8    of  custody  was filed unless good cause exists to extend the
 9    time period.
10        (e)  Failure to file a petition for the return of custody
11    of a relinquished newborn infant before  the  termination  of
12    parental rights bars any future action asserting legal rights
13    with  respect  to  the  infant  unless  the  parent  or legal
14    guardian's act of relinquishment that led to the  termination
15    of parental rights involved fraud perpetrated against and not
16    stemming  from or involving the parent or legal guardian.  No
17    action to void or revoke the termination of  parental  rights
18    of   a   parent   or  legal  guardian  of  a  newborn  infant
19    relinquished in accordance with this Act, including an action
20    based on fraud, may be commenced after 12  months  after  the
21    date  that the newborn infant was initially relinquished to a
22    hospital, fire station, or emergency medical facility.

23        Section 60.  Department's  duties.  The  Department  must
24    implement   a   media  campaign  to  promote  safe  placement
25    alternatives for newborn infants.  The  media  campaign  must
26    inform he public of the following:
27             (1)  The  relinquishment alternative provided for in
28        this Act, which results in  the  adoption  of  a  newborn
29        infant  and  which  provides  for  the  parent  or  legal
30        guardian's anonymity.
31             (2)  The alternative of adoption through a public or
32        private agency, in which the parent's or legal guardian's
33        identity is known.
 
                            -10-               LRB9203754DJmb
 1        Section  65.  Construction  of  Act.  Nothing in this Act
 2    shall be construed to preclude the courts of this State  from
 3    exercising  their discretion to protect the health and safety
 4    of children in  individual  cases.  The  best  interests  and
 5    welfare  of a child shall be a paramount consideration in the
 6    construction and interpretation of this Act.  It  is  in  the
 7    child's  best  interests  that  this  Act  be  construed  and
 8    interpreted  so  as  not  to  result in extending time limits
 9    beyond those set forth in this Act.

10        Section 90.  The Illinois Public Aid Code is  amended  by
11    changing Section 4-1.2 as follows:

12        (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
13        Sec.  4-1.2.  Living Arrangements - Parents - Relatives -
14    Foster Care.
15        (a)  The child or children must (1) be living with his or
16    their  father,  mother,  grandfather,  grandmother,  brother,
17    sister,  stepfather,  stepmother,  stepbrother,   stepsister,
18    uncle  or  aunt,  or  other relative approved by the Illinois
19    Department, in a place of residence maintained by one or more
20    of such relatives as his or their own home, or (2) have  been
21    (a)  removed  from the home of the parents or other relatives
22    by judicial  order  under  the  Juvenile  Court  Act  or  the
23    Juvenile  Court Act of 1987, as amended, (b) placed under the
24    guardianship  of  the  Department  of  Children  and   Family
25    Services, and (c) under such guardianship, placed in a foster
26    family  home,  group  home or child care institution licensed
27    pursuant to the "Child Care Act of 1969",  approved  May  15,
28    1969,  as  amended, or approved by that Department as meeting
29    standards established for licensing under that  Act,  or  (3)
30    have  been  relinquished  in  accordance  with  the Abandoned
31    Newborn Infant Protection Act. A child so  placed  in  foster
32    care  who  was not receiving aid under this Article in or for
 
                            -11-               LRB9203754DJmb
 1    the month in which the  court  proceedings  leading  to  that
 2    placement  were initiated may qualify only if he lived in the
 3    home of his parents  or  other  relatives  at  the  time  the
 4    proceedings  were  initiated, or within 6 months prior to the
 5    month of initiation, and would have received aid in  and  for
 6    that month if application had been made therefor.
 7        (b)  The  Illinois  Department  may,  by  rule, establish
 8    those persons who are living together who must be included in
 9    the same assistance unit in order to receive cash  assistance
10    under this Article and the income and assets of those persons
11    in an assistance unit which must be considered in determining
12    eligibility.
13        (c)  The  conditions  of  qualification  herein specified
14    shall not prejudice aid granted under this  Code  for  foster
15    care prior to the effective date of this 1969 Amendatory Act.
16    (Source: P.A. 90-17, eff. 7-1-97.)

17        Section 92.  The Abused and Neglected Child Reporting Act
18    is amended by changing Section 3 as follows:

19        (325 ILCS 5/3) (from Ch. 23, par. 2053)
20        Sec. 3.  As used in this Act unless the context otherwise
21    requires:
22        "Child"  means  any  person  under  the  age of 18 years,
23    unless legally emancipated by reason  of  marriage  or  entry
24    into a branch of the United States armed services.
25        "Department"  means  Department  of  Children  and Family
26    Services.
27        "Local law enforcement agency"  means  the  police  of  a
28    city, town, village or other incorporated area or the sheriff
29    of  an  unincorporated  area  or  any  sworn  officer  of the
30    Illinois Department of State Police.
31        "Abused child" means a child whose  parent  or  immediate
32    family  member,  or  any  person  responsible for the child's
 
                            -12-               LRB9203754DJmb
 1    welfare,  or any individual residing in the same home as  the
 2    child, or a paramour of the child's parent:
 3             a.  inflicts,  causes  to be inflicted, or allows to
 4        be inflicted upon such child physical  injury,  by  other
 5        than accidental means, which causes death, disfigurement,
 6        impairment  of  physical  or emotional health, or loss or
 7        impairment of any bodily function;
 8             b.  creates a substantial risk of physical injury to
 9        such child by other than accidental means which would  be
10        likely  to  cause  death,  disfigurement,  impairment  of
11        physical  or  emotional  health, or loss or impairment of
12        any bodily function;
13             c.  commits  or  allows  to  be  committed  any  sex
14        offense against such child,  as  such  sex  offenses  are
15        defined  in  the  Criminal  Code of 1961, as amended, and
16        extending those definitions of sex  offenses  to  include
17        children under 18 years of age;
18             d.  commits or allows to be committed an act or acts
19        of torture upon such child;
20             e.  inflicts excessive corporal punishment;
21             f.  commits or allows to be committed the offense of
22        female genital mutilation, as defined in Section 12-34 of
23        the Criminal Code of 1961, against the child; or
24             g.  causes  to be sold, transferred, distributed, or
25        given to such child under 18 years of age,  a  controlled
26        substance  as  defined  in  Section  102  of the Illinois
27        Controlled  Substances Act in violation of Article IV  of
28        the   Illinois  Controlled  Substances  Act,  except  for
29        controlled substances that are prescribed  in  accordance
30        with  Article  III  of the Illinois Controlled Substances
31        Act and are dispensed to such  child  in  a  manner  that
32        substantially complies with the prescription.
33        A  child  shall  not  be  considered  abused for the sole
34    reason that the child has  been  relinquished  in  accordance
 
                            -13-               LRB9203754DJmb
 1    with the Abandoned Newborn Infant Protection Act.
 2        "Neglected  child"  means  any child who is not receiving
 3    the proper or necessary nourishment  or  medically  indicated
 4    treatment  including  food or care not provided solely on the
 5    basis of  the  present  or  anticipated  mental  or  physical
 6    impairment  as  determined  by a physician acting alone or in
 7    consultation  with  other  physicians  or  otherwise  is  not
 8    receiving the proper or necessary support or medical or other
 9    remedial care recognized under State law as necessary  for  a
10    child's  well-being,  or  other care necessary for his or her
11    well-being, including adequate food, clothing and shelter; or
12    who is abandoned by  his  or  her  parents  or  other  person
13    responsible  for the child's welfare without a proper plan of
14    care; or who is a  newborn  infant  whose  blood,  urine,  or
15    meconium  contains  any  amount  of a controlled substance as
16    defined in subsection (f) of  Section  102  of  the  Illinois
17    Controlled  Substances  Act or a metabolite thereof, with the
18    exception of a controlled  substance  or  metabolite  thereof
19    whose presence in the newborn infant is the result of medical
20    treatment administered to the mother or the newborn infant. A
21    child  shall  not be considered neglected for the sole reason
22    that the child's parent or other person responsible  for  his
23    or  her  welfare  has  left the child in the care of an adult
24    relative for any  period  of  time.  A  child  shall  not  be
25    considered  neglected  for the sole reason that the child has
26    been relinquished in accordance with  the  Abandoned  Newborn
27    Infant  Protection  Act.   A  child  shall  not be considered
28    neglected or abused for the sole  reason  that  such  child's
29    parent  or  other  person  responsible for his or her welfare
30    depends upon spiritual means through  prayer  alone  for  the
31    treatment  or  cure  of  disease or remedial care as provided
32    under Section 4 of this Act.  A child shall not be considered
33    neglected or abused solely because the child is not attending
34    school in accordance with the requirements of Article  26  of
 
                            -14-               LRB9203754DJmb
 1    The School Code, as amended.
 2        "Child Protective Service Unit" means certain specialized
 3    State employees of the Department assigned by the Director to
 4    perform  the  duties  and  responsibilities as provided under
 5    Section 7.2 of this Act.
 6        "Person responsible for the child's  welfare"  means  the
 7    child's  parent; guardian; foster parent; relative caregiver;
 8    any person responsible for the child's welfare in a public or
 9    private  residential  agency  or  institution;   any   person
10    responsible  for  the  child's  welfare  within  a  public or
11    private profit or not for profit child care facility; or  any
12    other  person responsible for the child's welfare at the time
13    of the alleged abuse or neglect, or any person  who  came  to
14    know  the  child  through an official capacity or position of
15    trust,   including   but   not   limited   to   health   care
16    professionals,    educational     personnel,     recreational
17    supervisors,  and  volunteers  or  support  personnel  in any
18    setting where children may be subject to abuse or neglect.
19        "Temporary protective custody"  means  custody  within  a
20    hospital  or  other  medical  facility  or a place previously
21    designated for such custody by  the  Department,  subject  to
22    review  by the Court, including a licensed foster home, group
23    home, or other institution; but such place  shall  not  be  a
24    jail or other place for the detention of criminal or juvenile
25    offenders.
26        "An  unfounded  report"  means any report made under this
27    Act for which it is determined after an investigation that no
28    credible evidence of abuse or neglect exists.
29        "An indicated report" means a report made under this  Act
30    if  an investigation determines that credible evidence of the
31    alleged abuse or neglect exists.
32        "An undetermined report" means any report made under this
33    Act in which it was not possible to initiate or  complete  an
34    investigation  on  the  basis  of information provided to the
 
                            -15-               LRB9203754DJmb
 1    Department.
 2        "Subject of report"  means  any  child  reported  to  the
 3    central register of child abuse and neglect established under
 4    Section  7.7  of  this Act and his or her parent, guardian or
 5    other person responsible who is also named in the report.
 6        "Perpetrator"  means  a  person  who,  as  a  result   of
 7    investigation,  has been determined by the Department to have
 8    caused child abuse or neglect.
 9    (Source: P.A. 90-239, eff.  7-28-97;  90-684,  eff.  7-31-98;
10    91-802, eff. 1-1-01.)

11        Section 95.  The Juvenile Court Act of 1987 is amended by
12    changing Section 2-3 as follows:

13        (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
14        Sec. 2-3.  Neglected or abused minor.
15        (1)  Those who are neglected include:
16             (a)  any  minor  under  18  years  of age who is not
17        receiving the proper or necessary support,  education  as
18        required  by  law,  or  medical  or  other  remedial care
19        recognized under State law as  necessary  for  a  minor's
20        well-being,  or  other  care  necessary  for  his  or her
21        well-being,  including  adequate   food,   clothing   and
22        shelter,  or  who  is  abandoned by his or her parents or
23        other person responsible for the minor's welfare,  except
24        that  a  minor  shall not be considered neglected for the
25        sole reason that  the  minor's  parent  or  other  person
26        responsible for the minor's welfare has left the minor in
27        the care of an adult relative for any period of time; or
28             (b)  any   minor   under   18  years  of  age  whose
29        environment is injurious to his or her welfare; or
30             (c)  any  newborn  infant  whose  blood,  urine,  or
31        meconium contains any amount of a controlled substance as
32        defined in subsection (f) of Section 102 of the  Illinois
 
                            -16-               LRB9203754DJmb
 1        Controlled  Substances  Act, as now or hereafter amended,
 2        or a metabolite  of  a  controlled  substance,  with  the
 3        exception of controlled substances or metabolites of such
 4        substances,  the  presence of which in the newborn infant
 5        is the result of medical treatment  administered  to  the
 6        mother or the newborn infant; or
 7             (d)  any  minor  under  the  age  of  14 years whose
 8        parent  or  other  person  responsible  for  the  minor's
 9        welfare leaves  the  minor  without  supervision  for  an
10        unreasonable period of time without regard for the mental
11        or physical health, safety, or welfare of that minor.
12        Whether  the minor was left without regard for the mental
13    or physical health, safety, or welfare of that minor  or  the
14    period  of  time  was  unreasonable  shall  be  determined by
15    considering the following factors, including but not  limited
16    to:
17             (1)  the age of the minor;
18             (2)  the number of minors left at the location;
19             (3)  special  needs  of the minor, including whether
20        the minor  is  physically  or  mentally  handicapped,  or
21        otherwise in need of ongoing prescribed medical treatment
22        such as periodic doses of insulin or other medications;
23             (4)  the  duration  of  time  in which the minor was
24        left without supervision;
25             (5)  the condition and location of the  place  where
26        the minor was left without supervision;
27             (6)  the  time  of  day  or night when the minor was
28        left without supervision;
29             (7)  the weather conditions, including  whether  the
30        minor  was  left  in  a location with adequate protection
31        from the natural elements such as adequate heat or light;
32             (8)  the location of the parent or guardian  at  the
33        time the minor was left without supervision, the physical
34        distance the minor was from the parent or guardian at the
 
                            -17-               LRB9203754DJmb
 1        time the minor was without supervision;
 2             (9)  whether the minor's movement was restricted, or
 3        the  minor  was  otherwise  locked within a room or other
 4        structure;
 5             (10)  whether the minor was given a phone number  of
 6        a person or location to call in the event of an emergency
 7        and  whether the minor was capable of making an emergency
 8        call;
 9             (11)  whether there was  food  and  other  provision
10        left for the minor;
11             (12)  whether  any of the conduct is attributable to
12        economic hardship or illness and the parent, guardian  or
13        other  person  having  physical custody or control of the
14        child made a good faith effort to provide for the  health
15        and safety of the minor;
16             (13)  the  age  and physical and mental capabilities
17        of the person or persons who provided supervision for the
18        minor;
19             (14)  whether  the  minor   was   left   under   the
20        supervision of another person;
21             (15)  any  other  factor  that  would  endanger  the
22        health and safety of that particular minor.
23        A  minor  shall  not be considered neglected for the sole
24    reason that the minor has  been  relinquished  in  accordance
25    with the Abandoned Newborn Infant Protection Act.
26        (2)  Those  who  are  abused  include  any minor under 18
27    years of age whose parent or immediate family member, or  any
28    person responsible for the minor's welfare, or any person who
29    is  in  the  same  family  or  household as the minor, or any
30    individual residing in the same  home  as  the  minor,  or  a
31    paramour of the minor's parent:
32             (i)  inflicts,  causes to be inflicted, or allows to
33        be inflicted upon such minor physical  injury,  by  other
34        than accidental means, which causes death, disfigurement,
 
                            -18-               LRB9203754DJmb
 1        impairment  of  physical  or emotional health, or loss or
 2        impairment of any bodily function;
 3             (ii)  creates a substantial risk of physical  injury
 4        to  such minor by other than accidental means which would
 5        be likely to cause death,  disfigurement,  impairment  of
 6        emotional  health,  or  loss  or impairment of any bodily
 7        function;
 8             (iii)  commits or allows to  be  committed  any  sex
 9        offense  against  such  minor,  as  such sex offenses are
10        defined in the Criminal Code of  1961,  as  amended,  and
11        extending  those  definitions  of sex offenses to include
12        minors under 18 years of age;
13             (iv)  commits or allows to be committed  an  act  or
14        acts of torture upon such minor; or
15             (v)  inflicts excessive corporal punishment.
16        A  minor  shall  not  be  considered  abused for the sole
17    reason that the minor has  been  relinquished  in  accordance
18    with the Abandoned Newborn Infant Protection Act.
19        (3)  This  Section does not apply to a minor who would be
20    included herein solely for  the  purpose  of  qualifying  for
21    financial  assistance  for  himself, his parents, guardian or
22    custodian.
23    (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)

24        Section 97.  The Adoption  Act  is  amended  by  changing
25    Section 1 as follows:

26        (750 ILCS 50/1) (from Ch. 40, par. 1501)
27        Sec.  1.  Definitions.  When used in this Act, unless the
28    context otherwise requires:
29        A.  "Child" means a person under  legal  age  subject  to
30    adoption under this Act.
31        B.  "Related  child"  means  a  child subject to adoption
32    where either or both of the adopting parents stands in any of
 
                            -19-               LRB9203754DJmb
 1    the  following  relationships  to  the  child  by  blood   or
 2    marriage: parent, grand-parent, brother, sister, step-parent,
 3    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
 4    great-uncle,  great-aunt, or cousin of first degree.  A child
 5    whose parent has executed  a  final  irrevocable  consent  to
 6    adoption  or  a  final  irrevocable surrender for purposes of
 7    adoption, or whose parent has had his or her parental  rights
 8    terminated, is not a related child to that person, unless the
 9    consent  is  determined  to  be  void  or is void pursuant to
10    subsection O of Section 10.
11        C.  "Agency" for the purpose of this Act means  a  public
12    child welfare agency or a licensed child welfare agency.
13        D.  "Unfit  person" means any person whom the court shall
14    find to be unfit to have  a  child,  without  regard  to  the
15    likelihood  that  the child will be placed for adoption.  The
16    grounds of unfitness are any one or more  of  the  following,
17    except  that a person shall not be considered an unfit person
18    for the sole reason that the person has relinquished a  child
19    in  accordance  with  the Abandoned Newborn Infant Protection
20    Act:
21             (a)  Abandonment of the child.
22             (a-1)  Abandonment  of  a  newborn   infant   in   a
23        hospital.
24             (a-2)  Abandonment   of  a  newborn  infant  in  any
25        setting where  the  evidence  suggests  that  the  parent
26        intended to relinquish his or her parental rights.
27             (b)  Failure  to  maintain  a  reasonable  degree of
28        interest, concern or responsibility  as  to  the  child's
29        welfare.
30             (c)  Desertion  of  the child for more than 3 months
31        next  preceding  the   commencement   of   the   Adoption
32        proceeding.
33             (d)  Substantial  neglect of the child if continuous
34        or repeated.
 
                            -20-               LRB9203754DJmb
 1             (d-1)  Substantial   neglect,   if   continuous   or
 2        repeated, of any child residing in  the  household  which
 3        resulted in the death of that child.
 4             (e)  Extreme or repeated cruelty to the child.
 5             (f)  Two  or  more findings of physical abuse to any
 6        children under Section 4-8 of the Juvenile Court  Act  or
 7        Section  2-21 of the Juvenile Court Act of 1987, the most
 8        recent of which was  determined  by  the  juvenile  court
 9        hearing   the   matter  to  be  supported  by  clear  and
10        convincing evidence; a criminal conviction or  a  finding
11        of  not  guilty  by reason of insanity resulting from the
12        death of any child by physical child abuse; or a  finding
13        of  physical  child abuse resulting from the death of any
14        child under Section 4-8 of  the  Juvenile  Court  Act  or
15        Section 2-21 of the Juvenile Court Act of 1987.
16             (g)  Failure  to  protect  the child from conditions
17        within his environment injurious to the child's welfare.
18             (h)  Other neglect  of,  or  misconduct  toward  the
19        child; provided that in making a finding of unfitness the
20        court  hearing the adoption proceeding shall not be bound
21        by any previous finding, order or judgment  affecting  or
22        determining  the  rights  of the parents toward the child
23        sought to be adopted in any other proceeding except  such
24        proceedings  terminating  parental rights as shall be had
25        under either this Act, the  Juvenile  Court  Act  or  the
26        Juvenile Court Act of 1987.
27             (i)  Depravity.    Conviction  of  any  one  of  the
28        following crimes shall create a presumption that a parent
29        is depraved which can  be  overcome  only  by  clear  and
30        convincing evidence: (1) first degree murder in violation
31        of  paragraph  1 or 2 of subsection (a) of Section 9-1 of
32        the Criminal Code of 1961 or conviction of second  degree
33        murder  in  violation of subsection (a) of Section 9-2 of
34        the Criminal Code of 1961 of a parent of the child to  be
 
                            -21-               LRB9203754DJmb
 1        adopted;  (2) first degree murder or second degree murder
 2        of any child in violation of the Criminal Code  of  1961;
 3        (3)  attempt  or conspiracy to commit first degree murder
 4        or second degree murder of any child in violation of  the
 5        Criminal  Code of 1961; (4) solicitation to commit murder
 6        of any child, solicitation to commit murder of any  child
 7        for  hire, or solicitation to commit second degree murder
 8        of any child in violation of the Criminal Code  of  1961;
 9        or (5) aggravated criminal sexual assault in violation of
10        Section 12-14(b)(1) of the Criminal Code of 1961.
11             There  is  a rebuttable presumption that a parent is
12        depraved if the parent has been criminally  convicted  of
13        at  least  3 felonies under the laws of this State or any
14        other state, or under federal law, or the  criminal  laws
15        of any United States territory; and at least one of these
16        convictions  took  place  within 5 years of the filing of
17        the petition or motion seeking  termination  of  parental
18        rights.
19             There  is  a rebuttable presumption that a parent is
20        depraved if that parent has been criminally convicted  of
21        either  first  or  second  degree murder of any person as
22        defined in the Criminal Code of 1961 within 10  years  of
23        the  filing  date  of the petition or motion to terminate
24        parental rights.
25             (j)  Open and notorious adultery or fornication.
26             (j-1)  (Blank).
27             (k)  Habitual drunkenness  or  addiction  to  drugs,
28        other  than those prescribed by a physician, for at least
29        one year immediately prior to  the  commencement  of  the
30        unfitness proceeding.
31             There  is  a rebuttable presumption that a parent is
32        unfit under this subsection with respect to any child  to
33        which  that parent gives birth where there is a confirmed
34        test result that at birth the child's  blood,  urine,  or
 
                            -22-               LRB9203754DJmb
 1        meconium  contained  any amount of a controlled substance
 2        as defined in  subsection  (f)  of  Section  102  of  the
 3        Illinois Controlled Substances Act or metabolites of such
 4        substances,  the  presence of which in the newborn infant
 5        was not the result of medical treatment  administered  to
 6        the  mother  or  the  newborn  infant; and the biological
 7        mother of this child is the biological mother of at least
 8        one other child who was  adjudicated  a  neglected  minor
 9        under subsection (c) of Section 2-3 of the Juvenile Court
10        Act of 1987.
11             (l)  Failure  to  demonstrate a reasonable degree of
12        interest, concern or responsibility as to the welfare  of
13        a  new  born  child  during  the  first 30 days after its
14        birth.
15             (m)  Failure by a  parent  (i)  to  make  reasonable
16        efforts to correct the conditions that were the basis for
17        the removal of the child from the parent, or (ii) to make
18        reasonable progress toward the return of the child to the
19        parent within 9 months after an adjudication of neglected
20        or  abused  minor under Section 2-3 of the Juvenile Court
21        Act of 1987 or dependent minor under Section 2-4 of  that
22        Act,  or  (iii)  to  make  reasonable progress toward the
23        return of the child to  the  parent  during  any  9-month
24        period  after  the  end  of  the  initial  9-month period
25        following the adjudication of neglected or  abused  minor
26        under  Section  2-3  of the Juvenile Court Act of 1987 or
27        dependent minor under Section  2-4  of  that  Act.  If  a
28        service  plan  has  been  established  as  required under
29        Section 8.2 of the Abused and Neglected  Child  Reporting
30        Act to correct the conditions that were the basis for the
31        removal  of  the  child  from  the  parent  and  if those
32        services were available, then, for purposes of this  Act,
33        "failure to make reasonable progress toward the return of
34        the  child  to  the  parent"  includes  (I)  the parent's
 
                            -23-               LRB9203754DJmb
 1        failure to substantially fulfill his or  her  obligations
 2        under  the  service  plan and correct the conditions that
 3        brought the child into care within  9  months  after  the
 4        adjudication  under  Section  2-3  or 2-4 of the Juvenile
 5        Court Act of  1987  and  (II)  the  parent's  failure  to
 6        substantially  fulfill  his  or her obligations under the
 7        service plan and correct the conditions that brought  the
 8        child  into  care during any 9-month period after the end
 9        of the initial 9-month period following the  adjudication
10        under  Section  2-3  or  2-4 of the Juvenile Court Act of
11        1987.
12             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
13        child has been in foster care for 15 months out of any 22
14        month period which begins on or after the effective  date
15        of  this amendatory Act of 1998 unless the child's parent
16        can prove by a preponderance of the evidence that  it  is
17        more  likely  than  not  that  it  will  be  in  the best
18        interests of the child  to  be  returned  to  the  parent
19        within  6  months  of  the  date  on which a petition for
20        termination  of  parental  rights  is  filed  under   the
21        Juvenile  Court  Act of 1987.  The 15 month time limit is
22        tolled during any period  for  which  there  is  a  court
23        finding  that  the appointed custodian or guardian failed
24        to make reasonable efforts to reunify the child with  his
25        or  her  family,  provided  that  (i)  the  finding of no
26        reasonable efforts is made within 60 days of  the  period
27        when  reasonable efforts were not made or (ii) the parent
28        filed a motion requesting  a  finding  of  no  reasonable
29        efforts  within  60  days  of  the period when reasonable
30        efforts were not made.  For purposes of this  subdivision
31        (m-1),  the  date  of entering foster care is the earlier
32        of: (i) the date of a judicial finding at an adjudicatory
33        hearing that  the  child  is  an  abused,  neglected,  or
34        dependent  minor; or (ii) 60 days after the date on which
 
                            -24-               LRB9203754DJmb
 1        the child is removed from his or her parent, guardian, or
 2        legal custodian.
 3             (n)  Evidence of intent to forgo his or her parental
 4        rights, whether or not the child is a ward of the  court,
 5        (1)  as  manifested by his or her failure for a period of
 6        12 months: (i) to visit the child,  (ii)  to  communicate
 7        with  the child or agency, although able to do so and not
 8        prevented from doing so by an agency or by  court  order,
 9        or  (iii) to maintain contact with or plan for the future
10        of the child, although physically able to do so,  or  (2)
11        as  manifested  by the father's failure, where he and the
12        mother of the child were unmarried to each other  at  the
13        time   of  the  child's  birth,  (i)  to  commence  legal
14        proceedings to establish his paternity under the Illinois
15        Parentage Act of 1984 or the law of the  jurisdiction  of
16        the  child's  birth  within  30  days  of being informed,
17        pursuant to Section 12a of  this  Act,  that  he  is  the
18        father  or the likely father of the child or, after being
19        so informed where the child is not yet  born,  within  30
20        days  of  the child's birth, or (ii) to make a good faith
21        effort to pay a reasonable amount of the expenses related
22        to the birth of the child and  to  provide  a  reasonable
23        amount  for the financial support of the child, the court
24        to   consider   in   its   determination   all   relevant
25        circumstances, including the financial condition of  both
26        parents;   provided   that  the  ground  for  termination
27        provided in this subparagraph (n)(2)(ii)  shall  only  be
28        available  where the petition is brought by the mother or
29        the husband of the mother.
30             Contact or communication by a parent with his or her
31        child that does not  demonstrate  affection  and  concern
32        does not constitute reasonable contact and planning under
33        subdivision  (n).   In  the  absence  of  evidence to the
34        contrary, the ability  to  visit,  communicate,  maintain
 
                            -25-               LRB9203754DJmb
 1        contact,  pay  expenses  and plan for the future shall be
 2        presumed.  The subjective intent of the  parent,  whether
 3        expressed  or  otherwise,  unsupported by evidence of the
 4        foregoing parental acts manifesting  that  intent,  shall
 5        not preclude a determination that the parent has intended
 6        to  forgo  his  or  her  parental rights.  In making this
 7        determination, the  court  may  consider  but  shall  not
 8        require  a  showing  of diligent efforts by an authorized
 9        agency to  encourage  the  parent  to  perform  the  acts
10        specified in subdivision (n).
11             It shall be an affirmative defense to any allegation
12        under  paragraph (2) of this subsection that the father's
13        failure was due to circumstances beyond his control or to
14        impediments created by the mother  or  any  other  person
15        having legal custody.  Proof of that fact need only be by
16        a preponderance of the evidence.
17             (o)  Repeated  or continuous failure by the parents,
18        although physically and financially able, to provide  the
19        child with adequate food, clothing, or shelter.
20             (p)  Inability       to      discharge      parental
21        responsibilities supported by competent evidence  from  a
22        psychiatrist,   licensed   clinical   social  worker,  or
23        clinical  psychologist  of  mental   impairment,   mental
24        illness or mental retardation as defined in Section 1-116
25        of the Mental Health and Developmental Disabilities Code,
26        or  developmental  disability as defined in Section 1-106
27        of that Code, and there is  sufficient  justification  to
28        believe   that   the   inability  to  discharge  parental
29        responsibilities shall extend beyond  a  reasonable  time
30        period.   However,  this  subdivision  (p)  shall  not be
31        construed so as to  permit  a  licensed  clinical  social
32        worker  to  conduct  any  medical  diagnosis to determine
33        mental illness or mental impairment.
34             (q)  The parent has  been  criminally  convicted  of
 
                            -26-               LRB9203754DJmb
 1        aggravated  battery, heinous battery, or attempted murder
 2        of any child.
 3             (r)  The  child  is  in  the  temporary  custody  or
 4        guardianship of the Department  of  Children  and  Family
 5        Services,  the  parent  is  incarcerated  as  a result of
 6        criminal conviction at the time the  petition  or  motion
 7        for  termination  of  parental  rights is filed, prior to
 8        incarceration the parent had little or  no  contact  with
 9        the child or provided little or no support for the child,
10        and  the  parent's  incarceration will prevent the parent
11        from discharging his or her parental responsibilities for
12        the child for a period in excess of  2  years  after  the
13        filing  of  the  petition  or  motion  for termination of
14        parental rights.
15             (s)  The  child  is  in  the  temporary  custody  or
16        guardianship of the Department  of  Children  and  Family
17        Services,  the  parent  is  incarcerated  at the time the
18        petition or motion for termination of parental rights  is
19        filed,  the  parent has been repeatedly incarcerated as a
20        result of criminal convictions, and the parent's repeated
21        incarceration has prevented the parent  from  discharging
22        his or her parental responsibilities for the child.
23             (t)  A  finding  that  at  birth  the child's blood,
24        urine, or meconium contained any amount of  a  controlled
25        substance  as defined in subsection (f) of Section 102 of
26        the Illinois Controlled Substances Act, or  a  metabolite
27        of   a   controlled  substance,  with  the  exception  of
28        controlled substances or metabolites of such  substances,
29        the  presence  of  which  in  the  newborn infant was the
30        result of medical treatment administered to the mother or
31        the newborn infant, and that  the  biological  mother  of
32        this child is the biological mother of at least one other
33        child   who  was  adjudicated  a  neglected  minor  under
34        subsection (c) of Section 2-3 of the Juvenile  Court  Act
 
                            -27-               LRB9203754DJmb
 1        of  1987,  after  which  the  biological  mother  had the
 2        opportunity to enroll in and participate in a  clinically
 3        appropriate  substance  abuse  counseling, treatment, and
 4        rehabilitation program.
 5        E.  "Parent" means the father or mother of  a  legitimate
 6    or illegitimate child.  For the purpose of this Act, a person
 7    who  has executed a final and irrevocable consent to adoption
 8    or  a  final  and  irrevocable  surrender  for  purposes   of
 9    adoption,  or whose parental rights have been terminated by a
10    court, is not a parent of the child who was  the  subject  of
11    the consent or surrender, unless the consent is void pursuant
12    to subsection O of Section 10.
13        F.  A  person  is  available for adoption when the person
14    is:
15             (a)  a child who has been surrendered  for  adoption
16        to  an  agency  and  to  whose  adoption  the  agency has
17        thereafter consented;
18             (b)  a child to whose adoption a  person  authorized
19        by  law,  other  than  his  parents, has consented, or to
20        whose adoption no consent is required pursuant to Section
21        8 of this Act;
22             (c)  a child who is in the custody  of  persons  who
23        intend  to  adopt  him  through  placement  made  by  his
24        parents;
25             (c-1)  a  child  for  whom  a  parent  has  signed a
26        specific consent pursuant to subsection O of Section  10;
27        or
28             (d)  an  adult who meets the conditions set forth in
29        Section 3 of this Act.
30        A person who would otherwise be  available  for  adoption
31    shall not be deemed unavailable for adoption solely by reason
32    of his or her death.
33        G.  The  singular  includes  the  plural  and  the plural
34    includes the singular and the "male" includes  the  "female",
 
                            -28-               LRB9203754DJmb
 1    as the context of this Act may require.
 2        H.  "Adoption   disruption"   occurs   when  an  adoptive
 3    placement does not prove successful and it becomes  necessary
 4    for  the  child  to  be  removed  from  placement  before the
 5    adoption is finalized.
 6        I.  "Foreign placing agency" is an agency  or  individual
 7    operating in a country or territory outside the United States
 8    that  is  authorized  by  its  country  to place children for
 9    adoption either directly with families in the  United  States
10    or through United States based international agencies.
11        J.  "Immediate  relatives"  means the biological parents,
12    the parents of the biological parents  and  siblings  of  the
13    biological parents.
14        K.  "Intercountry adoption" is a process by which a child
15    from a country other than the United States is adopted.
16        L.  "Intercountry Adoption Coordinator" is a staff person
17    of  the  Department of Children and Family Services appointed
18    by the Director to coordinate the provision  of  services  by
19    the  public  and  private  sector  to  prospective parents of
20    foreign-born children.
21        M.  "Interstate Compact on the Placement of Children"  is
22    a  law enacted by most states for the purpose of establishing
23    uniform procedures for handling the interstate  placement  of
24    children in foster homes, adoptive homes, or other child care
25    facilities.
26        N.  "Non-Compact  state"  means  a  state  that  has  not
27    enacted the Interstate Compact on the Placement of Children.
28        O.  "Preadoption   requirements"   are   any   conditions
29    established  by  the  laws  or  regulations  of  the  Federal
30    Government  or  of  each  state that must be met prior to the
31    placement of a child in an adoptive home.
32        P.  "Abused  child"  means  a  child  whose   parent   or
33    immediate  family  member,  or any person responsible for the
34    child's welfare,  or any individual residing in the same home
 
                            -29-               LRB9203754DJmb
 1    as the child, or a paramour of the child's parent:
 2             (a)  inflicts, causes to be inflicted, or allows  to
 3        be  inflicted  upon  the  child physical injury, by other
 4        than accidental means, that causes death,  disfigurement,
 5        impairment  of  physical  or emotional health, or loss or
 6        impairment of any bodily function;
 7             (b)  creates a substantial risk of  physical  injury
 8        to  the  child by other than accidental means which would
 9        be likely to cause death,  disfigurement,  impairment  of
10        physical  or  emotional  health, or loss or impairment of
11        any bodily function;
12             (c)  commits or  allows  to  be  committed  any  sex
13        offense against the child, as sex offenses are defined in
14        the Criminal Code of 1961 and extending those definitions
15        of  sex  offenses  to  include children under 18 years of
16        age;
17             (d)  commits or allows to be  committed  an  act  or
18        acts of torture upon the child; or
19             (e)  inflicts excessive corporal punishment.
20        Q.  "Neglected  child"  means  any  child whose parent or
21    other person responsible for the child's welfare withholds or
22    denies nourishment or medically indicated treatment including
23    food or care denied solely on the basis  of  the  present  or
24    anticipated  mental or physical impairment as determined by a
25    physician  acting  alone  or  in  consultation   with   other
26    physicians  or  otherwise  does  not  provide  the  proper or
27    necessary support, education as required by law,  or  medical
28    or   other  remedial  care  recognized  under  State  law  as
29    necessary for a child's well-being, or other  care  necessary
30    for  his or her well-being, including adequate food, clothing
31    and shelter; or who is abandoned by his  or  her  parents  or
32    other person responsible for the child's welfare.
33        A  child  shall not be considered neglected or abused for
34    the sole reason that  the  child's  parent  or  other  person
 
                            -30-               LRB9203754DJmb
 1    responsible  for  his  or  her welfare depends upon spiritual
 2    means through prayer alone  for  the  treatment  or  cure  of
 3    disease  or  remedial care as provided under Section 4 of the
 4    Abused and Neglected Child Reporting Act.
 5        R.  "Putative father" means a man who may  be  a  child's
 6    father,  but  who (1) is not married to the child's mother on
 7    or before the date that the child was or is to  be  born  and
 8    (2)  has  not  established  paternity of the child in a court
 9    proceeding before the filing of a petition for  the  adoption
10    of  the  child.  The term includes a male who is less than 18
11    years of age.  "Putative father" does not mean a man  who  is
12    the  child's  father  as a result of criminal sexual abuse or
13    assault as defined under Article 12 of the Criminal  Code  of
14    1961.
15        S.  "Standby  adoption"  means  an  adoption  in  which a
16    terminally ill parent consents to custody and termination  of
17    parental  rights to become effective upon the occurrence of a
18    future event, which is either the death of the terminally ill
19    parent or the request of the parent for the entry of a  final
20    judgment of adoption.
21        T.  "Terminally  ill  parent"  means  a  person who has a
22    medical  prognosis  by  a  physician  licensed  to   practice
23    medicine  in  all  of  its  branches  that  the person has an
24    incurable and  irreversible  condition  which  will  lead  to
25    death.
26    (Source: P.A.  90-13,  eff.  6-13-97;  90-15,  eff.  6-13-97;
27    90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
28    eff.  1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
29    8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;  91-357,
30    eff.  7-29-99;  91-373,  eff.  1-1-00;  91-572,  eff. 1-1-00;
31    revised 8-31-99.)

32        Section 99. Effective date. This Act  takes  effect  upon
33    becoming law.

[ Top ]