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92_SB0216ham001 LRB9203754DJgcam07 1 AMENDMENT TO SENATE BILL 216 2 AMENDMENT NO. . Amend Senate Bill 216 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 1. Short title. This Act may be cited as the 6 Abandoned Newborn Infant Protection Act. 7 Section 5. Public policy. Illinois recognizes that 8 newborn infants have been abandoned to the environment or to 9 other circumstances that may be unsafe to the newborn infant. 10 These circumstances have caused injury and death to newborn 11 infants and give rise to potential civil or criminal 12 liability to parents who may be under severe emotional 13 distress. This Act is intended to provide a mechanism for a 14 newborn infant to be relinquished to a safe environment and 15 for the parents of the infant to remain anonymous if they 16 choose and to avoid civil or criminal liability for the act 17 of relinquishing the infant. It is recognized that 18 establishing an adoption plan is preferable to relinquishing 19 a child using the procedures outlined in this Act, but to 20 reduce the chance of injury to a newborn infant, this Act 21 provides a safer alternative. -2- LRB9203754DJgcam07 1 A public information campaign on this delicate issue 2 shall be implemented to encourage parents considering 3 abandonment of their newborn child to relinquish the child 4 under the procedures outlined in this Act, to choose a 5 traditional adoption plan, or to parent a child themselves 6 rather than place the newborn infant in harm's way. 7 Section 10. Definitions. In this Act: 8 "Abandon" has the same meaning as in the Abused and 9 Neglected Child Reporting Act. 10 "Abused child" has the same meaning as in the Abused and 11 Neglected Child Reporting Act. 12 "Child-placing agency" means a licensed public or private 13 agency that receives a child for the purpose of placing or 14 arranging for the placement of the child in a foster family 15 home or other facility for child care, apart from the custody 16 of the child's parents. 17 "Department" or "DCFS" means the Illinois Department of 18 Children and Family Services. 19 "Emergency medical facility" means a freestanding 20 emergency center or trauma center, as defined in the 21 Emergency Medical Services (EMS) Systems Act. 22 "Emergency medical professional" includes licensed 23 physicians, and any emergency medical technician-basic, 24 emergency medical technician-intermediate, emergency medical 25 technician-paramedic, trauma nurse specialist, and 26 pre-hospital RN, as defined in the Emergency Medical Services 27 (EMS) Systems Act. 28 "Fire station" means a fire station within the State that 29 is staffed with at least one full-time emergency medical 30 professional. 31 "Hospital" has the same meaning as in the Hospital 32 Licensing Act. 33 "Legal custody" means the relationship created by a court -3- LRB9203754DJgcam07 1 order in the best interest of a newborn infant that imposes 2 on the infant's custodian the responsibility of physical 3 possession of the infant, the duty to protect, train, and 4 discipline the infant, and the duty to provide the infant 5 with food, shelter, education, and medical care, except as 6 these are limited by parental rights and responsibilities. 7 "Neglected child" has the same meaning as in the Abused 8 and Neglected Child Reporting Act. 9 "Newborn infant" means a child who a licensed physician 10 reasonably believes is 72 hours old or less at the time the 11 child is initially relinquished to a hospital, fire station, 12 or emergency medical facility, and who is not an abused or a 13 neglected child. 14 "Relinquish" means to bring a newborn infant, who a 15 licensed physician reasonably believes is 72 hours old or 16 less, to a hospital, fire station, or emergency medical 17 facility and to leave the infant with personnel of the 18 facility, if the person leaving the infant does not express 19 an intent to return for the infant or states that he or she 20 will not return for the infant. In the case of a mother who 21 gives birth to an infant in a hospital, the mother's act of 22 leaving that newborn infant at the hospital (i) without 23 expressing an intent to return for the infant or (ii) stating 24 that she will not return for the infant is not a 25 "relinquishment" under this Act. 26 "Temporary protective custody" means the temporary 27 placement of a newborn infant within a hospital or other 28 medical facility out of the custody of the infant's parent. 29 Section 15. Presumptions. 30 (a) There is a presumption that by relinquishing a 31 newborn infant in accordance with this Act, the infant's 32 parent consents to the termination of his or her parental 33 rights with respect to the infant. -4- LRB9203754DJgcam07 1 (b) There is a presumption that a person relinquishing a 2 newborn infant in accordance with this Act: 3 (1) is the newborn infant's biological parent; and 4 (2) either without expressing an intent to return 5 for the infant or expressing an intent not to return for 6 the infant, did intend to relinquish the infant to the 7 hospital, fire station, or emergency medical facility to 8 treat, care for, and provide for the infant in accordance 9 with this Act. 10 (c) A parent of a relinquished newborn infant may rebut 11 the presumption set forth in either subsection (a) or 12 subsection (b) pursuant to Section 55, at any time before the 13 termination of the parent's parental rights. 14 Section 20. Procedures with respect to relinquished 15 newborn infants. 16 (a) Hospitals. Every hospital must accept and provide 17 all necessary emergency services and care to a relinquished 18 newborn infant, in accordance with this Act. The hospital 19 shall examine a relinquished newborn infant and perform tests 20 that, based on reasonable medical judgment, are appropriate 21 in evaluating whether the relinquished newborn infant was 22 abused or neglected. 23 The act of relinquishing a newborn infant serves as 24 implied consent for the hospital and its medical personnel 25 and physicians on staff to treat and provide care for the 26 infant. 27 The hospital shall be deemed to have temporary protective 28 custody of a relinquished newborn infant until the infant is 29 discharged to the custody of a child-placing agency or the 30 Department. 31 (b) Fire stations and emergency medical facilities. 32 Every fire station and emergency medical facility must accept 33 and provide all necessary emergency services and care to a -5- LRB9203754DJgcam07 1 relinquished newborn infant, in accordance with this Act. 2 The act of relinquishing a newborn infant serves as 3 implied consent for the fire station or emergency medical 4 facility and its emergency medical professionals to treat and 5 provide care for the infant, to the extent that those 6 emergency medical professionals are trained to provide those 7 services. 8 After the relinquishment of a newborn infant to a fire 9 station or emergency medical facility, the fire station or 10 emergency medical facility's personnel must arrange for the 11 transportation of the infant to the nearest hospital as soon 12 as transportation can be arranged. 13 If the parent of a newborn infant returns to reclaim the 14 child within 72 hours after relinquishing the child to a fire 15 station or emergency medical facility, the fire station or 16 emergency medical facility must inform the parent of the name 17 and location of the hospital to which the infant was 18 transported. 19 Section 25. Immunity for relinquishing person. 20 (a) The act of relinquishing a newborn infant to a 21 hospital, fire station, or emergency medical facility in 22 accordance with this Act does not, by itself, constitute a 23 basis for a finding of abuse, neglect, or abandonment of the 24 infant pursuant to the laws of this State nor does it, by 25 itself, constitute a violation of Section 12-21.5 or 12-21.6 26 of the Criminal Code of 1961. 27 (b) If there is suspected child abuse or neglect that is 28 not based solely on the newborn infant's relinquishment to a 29 hospital, fire station, or emergency medical facility, the 30 personnel of the hospital, fire station, or emergency medical 31 facility who are mandated reporters under the Abused and 32 Neglected Child Reporting Act must report the abuse or 33 neglect pursuant to that Act. -6- LRB9203754DJgcam07 1 (c) Neither a child protective investigation nor a 2 criminal investigation may be initiated solely because a 3 newborn infant is relinquished pursuant to this Act. 4 Section 27. Immunity of facility and personnel. A 5 hospital, fire station, or emergency medical facility, and 6 any personnel of a hospital, fire station, or emergency 7 medical facility, are immune from criminal or civil liability 8 for acting in good faith in accordance with this Act. Nothing 9 in this Act limits liability for negligence for care and 10 medical treatment. 11 Section 30. Anonymity of relinquishing person. If there 12 is no evidence of abuse or neglect of a relinquished newborn 13 infant, the relinquishing person has the right to remain 14 anonymous and to leave the hospital, fire station, or 15 emergency medical facility at any time and not be pursued or 16 followed. Before the relinquishing person leaves the 17 hospital, fire station, or emergency medical facility, the 18 hospital, fire station, or emergency medical facility 19 personnel shall i) verbally inform the relinquishing person 20 that by relinquishing the child anonymously, he or she will 21 have to petition the court if he or she desires to prevent 22 the termination of parental rights and regain custody of the 23 child and ii) shall offer the relinquishing person the 24 information packet described in Section 35 of this Act. 25 However, nothing in this Act shall be construed as precluding 26 the relinquishing person from providing his or her identity 27 or completing the application forms for the Illinois Adoption 28 Registry and Medical Information Exchange and requesting that 29 the hospital, fire station, or emergency medical facility 30 forward those forms to the Illinois Adoption Registry and 31 Medical information Exchange. -7- LRB9203754DJgcam07 1 Section 35. Information for relinquishing person. A 2 hospital, fire station, or emergency medical facility that 3 receives a newborn infant relinquished in accordance with 4 this Act must offer an information packet to the 5 relinquishing person and, if possible, must clearly inform 6 the relinquishing person that his or her acceptance of the 7 information is completely voluntary, that registration with 8 the Illinois Adoption Registry and Medical Information 9 Exchange is voluntary, that the person will remain anonymous 10 if he or she completes a Denial of Information Exchange, and 11 that the person has the option to provide medical information 12 only and still remain anonymous. The information packet must 13 include all of the following: 14 (1) All Illinois Adoption Registry and Medical 15 Information Exchange application forms, including the 16 Medical Information Exchange Questionnaire and the web 17 site address and toll free phone number of the Registry. 18 (2) Written notice of the following: 19 (A) No sooner than 60 days following the date 20 of the initial relinquishment of the infant to a 21 hospital, fire station, or emergency medical 22 facility, the child-placing agency or the Department 23 will commence proceedings for the termination of 24 parental rights and placement of the infant for 25 adoption. 26 (B) Failure of a parent of the infant to 27 contact the Department and petition for the return 28 of custody of the infant before termination of 29 parental rights bars any future action asserting 30 legal rights with respect to the infant. 31 (3) A resource list of providers of counseling 32 services including grief counseling, pregnancy 33 counseling, and counseling regarding adoption and other 34 available options for placement of the infant. -8- LRB9203754DJgcam07 1 Upon request, the Department of Public Health shall 2 provide the application forms for the Illinois Adoption 3 Registry and Medical Information Exchange to hospitals, fire 4 stations, and emergency medical facilities. 5 Section 40. Reporting requirements. 6 (a) Within 12 hours after accepting a newborn infant 7 from a relinquishing person or from a fire station or 8 emergency medical facility in accordance with this Act, a 9 hospital must report to the Department's State Central 10 Registry for the purpose of transferring physical custody of 11 the infant from the hospital to either a child-placing agency 12 or the Department. 13 (b) Within 24 hours after receiving a report under 14 subsection (a), the Department must request assistance from 15 law enforcement officials to investigate the matter using the 16 National Crime Information Center to ensure that the 17 relinquished newborn infant is not a missing child. 18 (c) Once a hospital has made a report to the Department 19 under subsection (a), the Department must arrange for a 20 licensed child-placing agency to accept physical custody of 21 the relinquished newborn infant. 22 (d) If a relinquished child is not a newborn infant as 23 defined in this Act, the hospital and the Department must 24 proceed as if the child is an abused or neglected child. 25 Section 45. Medical assistance. Notwithstanding any 26 other provision of law, a newborn infant relinquished in 27 accordance with this Act shall be deemed eligible for medical 28 assistance under the Illinois Public Aid Code, and a hospital 29 providing medical services to such an infant shall be 30 reimbursed for those services in accordance with the payment 31 methodologies authorized under that Code. In addition, for 32 any day that a hospital has custody of a newborn infant -9- LRB9203754DJgcam07 1 relinquished in accordance with this Act and the infant does 2 not require medically necessary care, the hospital shall be 3 reimbursed by the Illinois Department of Public Aid at the 4 general acute care per diem rate, in accordance with 89 Ill. 5 Adm. Code 148.270(c). 6 Section 50. Child-placing agency procedures. 7 (a) The Department's State Central Registry must 8 maintain a list of licensed child-placing agencies willing to 9 take legal custody of newborn infants relinquished in 10 accordance with this Act. The child-placing agencies on the 11 list must be contacted by the Department on a rotating basis 12 upon notice from a hospital that a newborn infant has been 13 relinquished in accordance with this Act. 14 (b) Upon notice from the Department that a newborn 15 infant has been relinquished in accordance with this Act, a 16 child-placing agency must accept the newborn infant if the 17 agency has the accommodations to do so. The child-placing 18 agency must seek an order for legal custody of the infant 19 upon its acceptance of the infant. 20 (c) Within 3 business days after assuming physical 21 custody of the infant, the child-placing agency shall file a 22 petition in the division of the circuit court in which 23 petitions for adoption would normally be heard. The petition 24 shall allege that the newborn infant has been relinquished in 25 accordance with this Act and shall state that the 26 child-placing agency intends to place the infant in an 27 adoptive home. 28 (d) If no licensed child-placing agency is able to 29 accept the relinquished newborn infant, then the Department 30 must assume responsibility for the infant as soon as 31 practicable. 32 (e) A custody order issued under subsection (b) shall 33 remain in effect until a final adoption order based on the -10- LRB9203754DJgcam07 1 relinquished newborn infant's best interests is issued in 2 accordance with this Act and the Adoption Act. 3 (f) When possible, the child-placing agency must place a 4 relinquished newborn infant in a prospective adoptive home. 5 (g) The Department or child-placing agency must initiate 6 proceedings to (i) terminate the parental rights of the 7 relinquished newborn infant's known or unknown parents, (ii) 8 appoint a guardian for the infant, and (iii) obtain consent 9 to the infant's adoption in accordance with this Act no 10 sooner than 60 days following the date of the initial 11 relinquishment of the infant to the hospital, fire station, 12 or emergency medical facility. 13 (h) Before filing a petition for termination of parental 14 rights, the Department or child-placing agency must do the 15 following: 16 (1) Search its Putative Father Registry for the 17 purpose of determining the identity and location of the 18 putative father of the relinquished newborn infant who 19 is, or is expected to be, the subject of an adoption 20 proceeding, in order to provide notice of the proceeding 21 to the putative father. At least one search of the 22 Registry must be conducted, at least 30 days after the 23 relinquished newborn infant's estimated date of birth; 24 earlier searches may be conducted, however. Notice to any 25 potential putative father discovered in a search of the 26 Registry according to the estimated age of the 27 relinquished newborn infant must be in accordance with 28 Section 12a of the Adoption Act. 29 (2) Verify with law enforcement officials, using 30 the National Crime Information Center, that the 31 relinquished newborn infant is not a missing child. 32 Section 55. Petition for return of custody. 33 (a) A parent of a newborn infant relinquished in -11- LRB9203754DJgcam07 1 accordance with this Act may petition for the return of 2 custody of the infant before the termination of parental 3 rights with respect to the infant. 4 (b) A parent of a newborn infant relinquished in 5 accordance with this Act may petition for the return of 6 custody of the infant by contacting the Department for the 7 purpose of obtaining the name of the child-placing agency and 8 then filing a petition for return of custody in the circuit 9 court in which the proceeding for the termination of parental 10 rights is pending. 11 (c) If a petition for the termination of parental rights 12 has not been filed by the Department or the child-placing 13 agency, the parent of the relinquished newborn infant must 14 contact the Department, which must notify the parent of the 15 appropriate court in which the petition for return of custody 16 must be filed. 17 (d) The circuit court may hold the proceeding for the 18 termination of parental rights in abeyance for a period not 19 to exceed 60 days from the date that the petition for return 20 of custody was filed without a showing of good cause. During 21 that period: 22 (1) The court shall order genetic testing to 23 establish maternity or paternity, or both. 24 (2) The Department shall conduct a child protective 25 investigation and home study to develop recommendations 26 to the court. 27 (3) When indicated as a result of the Department's 28 investigation and home study, further proceedings under 29 the Juvenile Court Act of 1987 as the court determines 30 appropriate, may be conducted. However, relinquishment 31 of a newborn infant in accordance with this Act does not 32 render the infant abused, neglected, or abandoned solely 33 because the newborn infant was relinquished to a 34 hospital, fire station, or emergency medical facility in -12- LRB9203754DJgcam07 1 accordance with this Act. 2 (e) Failure to file a petition for the return of custody 3 of a relinquished newborn infant before the termination of 4 parental rights bars any future action asserting legal rights 5 with respect to the infant unless the parent's act of 6 relinquishment that led to the termination of parental rights 7 involved fraud perpetrated against and not stemming from or 8 involving the parent. No action to void or revoke the 9 termination of parental rights of a parent of a newborn 10 infant relinquished in accordance with this Act, including an 11 action based on fraud, may be commenced after 12 months after 12 the date that the newborn infant was initially relinquished 13 to a hospital, fire station, or emergency medical facility. 14 Section 60. Department's duties. The Department must 15 implement a public information program to promote safe 16 placement alternatives for newborn infants. The public 17 information program must inform the public of the following: 18 (1) The relinquishment alternative provided for in 19 this Act, which results in the adoption of a newborn 20 infant under 72 hours of age and which provides for the 21 parent's anonymity, if the parent so chooses. 22 (2) The alternative of adoption through a public or 23 private agency, in which the parent's identity may or may 24 not be known to the agency, but is kept anonymous from 25 the adoptive parents, if the birth parent so desires, and 26 which allows the parent to be actively involved in the 27 child's adoption plan. 28 The public information program may include, but need not 29 be limited to, the following elements: 30 (i) Educational and informational materials in 31 print, audio, video, electronic or other media. 32 (ii) Establishment of a web site. 33 (iii) Public service announcements and -13- LRB9203754DJgcam07 1 advertisements. 2 (iv) Establishment of toll-free telephone hotlines 3 to provide information. 4 Section 65. Evaluation. 5 (a) The Department shall collect and analyze information 6 regarding the relinquishment of newborn infants and placement 7 of children under this Act. Fire stations, emergency medical 8 facilities, and medical professionals accepting and providing 9 services to a newborn infant under this Act shall report to 10 the Department data necessary for the Department to evaluate 11 and determine the effect of this Act in the prevention of 12 injury or death of newborn infants. Child-placing agencies 13 shall report to the Department data necessary to evaluate and 14 determine the effectiveness of these agencies in providing 15 child protective and child welfare services to newborn 16 infants relinquished under this Act. 17 (b) The information collected shall include, but need 18 not be limited to: the number of newborn infants 19 relinquished; the services provided to relinquished newborn 20 infants; the outcome of care for the relinquished newborn 21 infants; the number and disposition of cases of relinquished 22 newborn infants subject to placement; the number of children 23 accepted and served by child-placing agencies; and the 24 services provided by child-placing agencies and the 25 disposition of the cases of the children placed under this 26 Act. 27 (c) The Department shall submit a report by January 1, 28 2002, and on January 1 of each year thereafter, to the 29 Governor and General Assembly regarding the prevention of 30 injury or death of newborn infants and the effect of 31 placements of children under this Act. The report shall 32 include, but need not be limited to, a summary of collected 33 data, an analysis of the data and conclusions regarding the -14- LRB9203754DJgcam07 1 Act's effectiveness, a determination whether the purposes of 2 the Act are being achieved, and recommendations for changes 3 that may be considered necessary to improve the 4 administration and enforcement of this Act. 5 Section 70. Construction of Act. Nothing in this Act 6 shall be construed to preclude the courts of this State from 7 exercising their discretion to protect the health and safety 8 of children in individual cases. The best interests and 9 welfare of a child shall be a paramount consideration in the 10 construction and interpretation of this Act. It is in the 11 child's best interests that this Act be construed and 12 interpreted so as not to result in extending time limits 13 beyond those set forth in this Act. 14 Section 75. Repeal. This Act is repealed on July 1, 2007. 15 Section 90. The Illinois Public Aid Code is amended by 16 changing Section 4-1.2 as follows: 17 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) 18 Sec. 4-1.2. Living Arrangements - Parents - Relatives - 19 Foster Care. 20 (a) The child or children must (1) be living with his or 21 their father, mother, grandfather, grandmother, brother, 22 sister, stepfather, stepmother, stepbrother, stepsister, 23 uncle or aunt, or other relative approved by the Illinois 24 Department, in a place of residence maintained by one or more 25 of such relatives as his or their own home, or (2) have been 26 (a) removed from the home of the parents or other relatives 27 by judicial order under the Juvenile Court Act or the 28 Juvenile Court Act of 1987, as amended, (b) placed under the 29 guardianship of the Department of Children and Family -15- LRB9203754DJgcam07 1 Services, and (c) under such guardianship, placed in a foster 2 family home, group home or child care institution licensed 3 pursuant to the "Child Care Act of 1969", approved May 15, 4 1969, as amended, or approved by that Department as meeting 5 standards established for licensing under that Act, or (3) 6 have been relinquished in accordance with the Abandoned 7 Newborn Infant Protection Act. A child so placed in foster 8 care who was not receiving aid under this Article in or for 9 the month in which the court proceedings leading to that 10 placement were initiated may qualify only if he lived in the 11 home of his parents or other relatives at the time the 12 proceedings were initiated, or within 6 months prior to the 13 month of initiation, and would have received aid in and for 14 that month if application had been made therefor. 15 (b) The Illinois Department may, by rule, establish 16 those persons who are living together who must be included in 17 the same assistance unit in order to receive cash assistance 18 under this Article and the income and assets of those persons 19 in an assistance unit which must be considered in determining 20 eligibility. 21 (c) The conditions of qualification herein specified 22 shall not prejudice aid granted under this Code for foster 23 care prior to the effective date of this 1969 Amendatory Act. 24 (Source: P.A. 90-17, eff. 7-1-97.) 25 Section 92. The Abused and Neglected Child Reporting Act 26 is amended by changing Section 3 as follows: 27 (325 ILCS 5/3) (from Ch. 23, par. 2053) 28 Sec. 3. As used in this Act unless the context otherwise 29 requires: 30 "Child" means any person under the age of 18 years, 31 unless legally emancipated by reason of marriage or entry 32 into a branch of the United States armed services. -16- LRB9203754DJgcam07 1 "Department" means Department of Children and Family 2 Services. 3 "Local law enforcement agency" means the police of a 4 city, town, village or other incorporated area or the sheriff 5 of an unincorporated area or any sworn officer of the 6 Illinois Department of State Police. 7 "Abused child" means a child whose parent or immediate 8 family member, or any person responsible for the child's 9 welfare, or any individual residing in the same home as the 10 child, or a paramour of the child's parent: 11 a. inflicts, causes to be inflicted, or allows to 12 be inflicted upon such child physical injury, by other 13 than accidental means, which causes death, disfigurement, 14 impairment of physical or emotional health, or loss or 15 impairment of any bodily function; 16 b. creates a substantial risk of physical injury to 17 such child by other than accidental means which would be 18 likely to cause death, disfigurement, impairment of 19 physical or emotional health, or loss or impairment of 20 any bodily function; 21 c. commits or allows to be committed any sex 22 offense against such child, as such sex offenses are 23 defined in the Criminal Code of 1961, as amended, and 24 extending those definitions of sex offenses to include 25 children under 18 years of age; 26 d. commits or allows to be committed an act or acts 27 of torture upon such child; 28 e. inflicts excessive corporal punishment; 29 f. commits or allows to be committed the offense of 30 female genital mutilation, as defined in Section 12-34 of 31 the Criminal Code of 1961, against the child; or 32 g. causes to be sold, transferred, distributed, or 33 given to such child under 18 years of age, a controlled 34 substance as defined in Section 102 of the Illinois -17- LRB9203754DJgcam07 1 Controlled Substances Act in violation of Article IV of 2 the Illinois Controlled Substances Act, except for 3 controlled substances that are prescribed in accordance 4 with Article III of the Illinois Controlled Substances 5 Act and are dispensed to such child in a manner that 6 substantially complies with the prescription. 7 A child shall not be considered abused for the sole 8 reason that the child has been relinquished in accordance 9 with the Abandoned Newborn Infant Protection Act. 10 "Neglected child" means any child who is not receiving 11 the proper or necessary nourishment or medically indicated 12 treatment including food or care not provided solely on the 13 basis of the present or anticipated mental or physical 14 impairment as determined by a physician acting alone or in 15 consultation with other physicians or otherwise is not 16 receiving the proper or necessary support or medical or other 17 remedial care recognized under State law as necessary for a 18 child's well-being, or other care necessary for his or her 19 well-being, including adequate food, clothing and shelter; or 20 who is abandoned by his or her parents or other person 21 responsible for the child's welfare without a proper plan of 22 care; or who is a newborn infant whose blood, urine, or 23 meconium contains any amount of a controlled substance as 24 defined in subsection (f) of Section 102 of the Illinois 25 Controlled Substances Act or a metabolite thereof, with the 26 exception of a controlled substance or metabolite thereof 27 whose presence in the newborn infant is the result of medical 28 treatment administered to the mother or the newborn infant. A 29 child shall not be considered neglected for the sole reason 30 that the child's parent or other person responsible for his 31 or her welfare has left the child in the care of an adult 32 relative for any period of time. A child shall not be 33 considered neglected for the sole reason that the child has 34 been relinquished in accordance with the Abandoned Newborn -18- LRB9203754DJgcam07 1 Infant Protection Act. A child shall not be considered 2 neglected or abused for the sole reason that such child's 3 parent or other person responsible for his or her welfare 4 depends upon spiritual means through prayer alone for the 5 treatment or cure of disease or remedial care as provided 6 under Section 4 of this Act. A child shall not be considered 7 neglected or abused solely because the child is not attending 8 school in accordance with the requirements of Article 26 of 9 The School Code, as amended. 10 "Child Protective Service Unit" means certain specialized 11 State employees of the Department assigned by the Director to 12 perform the duties and responsibilities as provided under 13 Section 7.2 of this Act. 14 "Person responsible for the child's welfare" means the 15 child's parent; guardian; foster parent; relative caregiver; 16 any person responsible for the child's welfare in a public or 17 private residential agency or institution; any person 18 responsible for the child's welfare within a public or 19 private profit or not for profit child care facility; or any 20 other person responsible for the child's welfare at the time 21 of the alleged abuse or neglect, or any person who came to 22 know the child through an official capacity or position of 23 trust, including but not limited to health care 24 professionals, educational personnel, recreational 25 supervisors, and volunteers or support personnel in any 26 setting where children may be subject to abuse or neglect. 27 "Temporary protective custody" means custody within a 28 hospital or other medical facility or a place previously 29 designated for such custody by the Department, subject to 30 review by the Court, including a licensed foster home, group 31 home, or other institution; but such place shall not be a 32 jail or other place for the detention of criminal or juvenile 33 offenders. 34 "An unfounded report" means any report made under this -19- LRB9203754DJgcam07 1 Act for which it is determined after an investigation that no 2 credible evidence of abuse or neglect exists. 3 "An indicated report" means a report made under this Act 4 if an investigation determines that credible evidence of the 5 alleged abuse or neglect exists. 6 "An undetermined report" means any report made under this 7 Act in which it was not possible to initiate or complete an 8 investigation on the basis of information provided to the 9 Department. 10 "Subject of report" means any child reported to the 11 central register of child abuse and neglect established under 12 Section 7.7 of this Act and his or her parent, guardian or 13 other person responsible who is also named in the report. 14 "Perpetrator" means a person who, as a result of 15 investigation, has been determined by the Department to have 16 caused child abuse or neglect. 17 (Source: P.A. 90-239, eff. 7-28-97; 90-684, eff. 7-31-98; 18 91-802, eff. 1-1-01.) 19 Section 95. The Juvenile Court Act of 1987 is amended by 20 changing Section 2-3 as follows: 21 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) 22 Sec. 2-3. Neglected or abused minor. 23 (1) Those who are neglected include: 24 (a) any minor under 18 years of age who is not 25 receiving the proper or necessary support, education as 26 required by law, or medical or other remedial care 27 recognized under State law as necessary for a minor's 28 well-being, or other care necessary for his or her 29 well-being, including adequate food, clothing and 30 shelter, or who is abandoned by his or her parents or 31 other person responsible for the minor's welfare, except 32 that a minor shall not be considered neglected for the -20- LRB9203754DJgcam07 1 sole reason that the minor's parent or other person 2 responsible for the minor's welfare has left the minor in 3 the care of an adult relative for any period of time; or 4 (b) any minor under 18 years of age whose 5 environment is injurious to his or her welfare; or 6 (c) any newborn infant whose blood, urine, or 7 meconium contains any amount of a controlled substance as 8 defined in subsection (f) of Section 102 of the Illinois 9 Controlled Substances Act, as now or hereafter amended, 10 or a metabolite of a controlled substance, with the 11 exception of controlled substances or metabolites of such 12 substances, the presence of which in the newborn infant 13 is the result of medical treatment administered to the 14 mother or the newborn infant; or 15 (d) any minor under the age of 14 years whose 16 parent or other person responsible for the minor's 17 welfare leaves the minor without supervision for an 18 unreasonable period of time without regard for the mental 19 or physical health, safety, or welfare of that minor. 20 Whether the minor was left without regard for the mental 21 or physical health, safety, or welfare of that minor or the 22 period of time was unreasonable shall be determined by 23 considering the following factors, including but not limited 24 to: 25 (1) the age of the minor; 26 (2) the number of minors left at the location; 27 (3) special needs of the minor, including whether 28 the minor is physically or mentally handicapped, or 29 otherwise in need of ongoing prescribed medical treatment 30 such as periodic doses of insulin or other medications; 31 (4) the duration of time in which the minor was 32 left without supervision; 33 (5) the condition and location of the place where 34 the minor was left without supervision; -21- LRB9203754DJgcam07 1 (6) the time of day or night when the minor was 2 left without supervision; 3 (7) the weather conditions, including whether the 4 minor was left in a location with adequate protection 5 from the natural elements such as adequate heat or light; 6 (8) the location of the parent or guardian at the 7 time the minor was left without supervision, the physical 8 distance the minor was from the parent or guardian at the 9 time the minor was without supervision; 10 (9) whether the minor's movement was restricted, or 11 the minor was otherwise locked within a room or other 12 structure; 13 (10) whether the minor was given a phone number of 14 a person or location to call in the event of an emergency 15 and whether the minor was capable of making an emergency 16 call; 17 (11) whether there was food and other provision 18 left for the minor; 19 (12) whether any of the conduct is attributable to 20 economic hardship or illness and the parent, guardian or 21 other person having physical custody or control of the 22 child made a good faith effort to provide for the health 23 and safety of the minor; 24 (13) the age and physical and mental capabilities 25 of the person or persons who provided supervision for the 26 minor; 27 (14) whether the minor was left under the 28 supervision of another person; 29 (15) any other factor that would endanger the 30 health and safety of that particular minor. 31 A minor shall not be considered neglected for the sole 32 reason that the minor has been relinquished in accordance 33 with the Abandoned Newborn Infant Protection Act. 34 (2) Those who are abused include any minor under 18 -22- LRB9203754DJgcam07 1 years of age whose parent or immediate family member, or any 2 person responsible for the minor's welfare, or any person who 3 is in the same family or household as the minor, or any 4 individual residing in the same home as the minor, or a 5 paramour of the minor's parent: 6 (i) inflicts, causes to be inflicted, or allows to 7 be inflicted upon such minor physical injury, by other 8 than accidental means, which causes death, disfigurement, 9 impairment of physical or emotional health, or loss or 10 impairment of any bodily function; 11 (ii) creates a substantial risk of physical injury 12 to such minor by other than accidental means which would 13 be likely to cause death, disfigurement, impairment of 14 emotional health, or loss or impairment of any bodily 15 function; 16 (iii) commits or allows to be committed any sex 17 offense against such minor, as such sex offenses are 18 defined in the Criminal Code of 1961, as amended, and 19 extending those definitions of sex offenses to include 20 minors under 18 years of age; 21 (iv) commits or allows to be committed an act or 22 acts of torture upon such minor; or 23 (v) inflicts excessive corporal punishment. 24 A minor shall not be considered abused for the sole 25 reason that the minor has been relinquished in accordance 26 with the Abandoned Newborn Infant Protection Act. 27 (3) This Section does not apply to a minor who would be 28 included herein solely for the purpose of qualifying for 29 financial assistance for himself, his parents, guardian or 30 custodian. 31 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.) 32 Section 96. The Criminal Code of 1961 is amended by 33 changing Sections 12-21.5 and 12-21.6 as follows: -23- LRB9203754DJgcam07 1 (720 ILCS 5/12-21.5) 2 Sec. 12-21.5. Child Abandonment. 3 (a) A person commits the offense of child abandonment 4 when he or she, as a parent, guardian, or other person having 5 physical custody or control of a child, without regard for 6 the mental or physical health, safety, or welfare of that 7 child, knowingly leaves that child who is under the age of 13 8 without supervision by a responsible person over the age of 9 14 for a period of 24 hours or more, except that a person 10 does not commit the offense of child abandonment when he or 11 she relinquishes a child in accordance with the Abandoned 12 Newborn Infant Protection Act. 13 (b) For the purposes of determining whether the child 14 was left without regard for the mental or physical health, 15 safety, or welfare of that child, the trier of fact shall 16 consider the following factors: 17 (1) the age of the child; 18 (2) the number of children left at the location; 19 (3) special needs of the child, including whether 20 the child 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 child was 24 left without supervision; 25 (5) the condition and location of the place where 26 the child was left without supervision; 27 (6) the time of day or night when the child was 28 left without supervision; 29 (7) the weather conditions, including whether the 30 child 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, guardian, or other 33 person having physical custody or control of the child at 34 the time the child was left without supervision, the -24- LRB9203754DJgcam07 1 physical distance the child was from the parent, 2 guardian, or other person having physical custody or 3 control of the child at the time the child was without 4 supervision; 5 (9) whether the child's movement was restricted, or 6 the child was otherwise locked within a room or other 7 structure; 8 (10) whether the child was given a phone number of 9 a person or location to call in the event of an emergency 10 and whether the child was capable of making an emergency 11 call; 12 (11) whether there was food and other provision 13 left for the child; 14 (12) whether any of the conduct is attributable to 15 economic hardship or illness and the parent, guardian or 16 other person having physical custody or control of the 17 child made a good faith effort to provide for the health 18 and safety of the child; 19 (13) the age and physical and mental capabilities 20 of the person or persons who provided supervision for the 21 child; 22 (14) any other factor that would endanger the 23 health or safety of that particular child; 24 (15) whether the child was left under the 25 supervision of another person. 26 (d) Child abandonment is a Class 4 felony. A second or 27 subsequent offense after a prior conviction is a Class 3 28 felony. 29 (Source: P.A. 88-479.) 30 (720 ILCS 5/12-21.6) 31 Sec. 12-21.6. Endangering the life or health of a child. 32 (a) It is unlawful for any person to willfully cause or 33 permit the life or health of a child under the age of 18 to -25- LRB9203754DJgcam07 1 be endangered or to willfully cause or permit a child to be 2 placed in circumstances that endanger the child's life or 3 health, except that it is not unlawful for a person to 4 relinquish a child in accordance with the Abandoned Newborn 5 Infant Protection Act. 6 (b) A violation of this Section is a Class A 7 misdemeanor. A second or subsequent violation of this 8 Section is a Class 3 felony. A violation of this Section 9 that is a proximate cause of the death of the child is a 10 Class 3 felony for which a person, if sentenced to a term of 11 imprisonment, shall be sentenced to a term of not less than 2 12 years and not more than 10 years. 13 (Source: P.A. 90-687, eff. 7-31-98.) 14 Section 96.5. The Neglected Children Offense Act is 15 amended by changing Section 2 as follows: 16 (720 ILCS 130/2) (from Ch. 23, par. 2361) 17 Sec. 2. Any parent, legal guardian or person having the 18 custody of a child under the age of 18 years, who knowingly 19 or wilfully causes, aids or encourages such person to be or 20 to become a dependent and neglected child as defined in 21 section 1, who knowingly or wilfully does acts which directly 22 tend to render any such child so dependent and neglected, or 23 who knowingly or wilfully fails to do that which will 24 directly tend to prevent such state of dependency and neglect 25 is guilty of the Class A misdemeanor of contributing to the 26 dependency and neglect of children, except that a person who 27 relinquishes a child in accordance with the Abandoned Newborn 28 Infant Protection Act is not guilty of that misdemeanor. 29 Instead of imposing the punishment hereinbefore provided, the 30 court may release the defendant from custody on probation for 31 one year upon his or her entering into recognizance with or 32 without surety in such sum as the court directs. The -26- LRB9203754DJgcam07 1 conditions of the recognizance shall be such that if the 2 defendant appears personally in court whenever ordered to do 3 so within the year and provides and cares for such neglected 4 and dependent child in such manner as to prevent a 5 continuance or repetition of such state of dependency and 6 neglect or as otherwise may be directed by the court then the 7 recognizance shall be void, otherwise it shall be of full 8 force and effect. If the court is satisfied by information 9 and due proof under oath that at any time during the year the 10 defendant has violated the terms of such order it may 11 forthwith revoke the order and sentence him or her under the 12 original conviction. Unless so sentenced, the defendant shall 13 at the end of the year be discharged. In case of forfeiture 14 on the recognizance the sum recovered thereon may in the 15 discretion of the court be paid in whole or in part to 16 someone designated by the court for the support of such 17 dependent and neglected child. 18 (Source: P.A. 77-2350.) 19 Section 97. The Adoption Act is amended by changing 20 Section 1 as follows: 21 (750 ILCS 50/1) (from Ch. 40, par. 1501) 22 Sec. 1. Definitions. When used in this Act, unless the 23 context otherwise requires: 24 A. "Child" means a person under legal age subject to 25 adoption under this Act. 26 B. "Related child" means a child subject to adoption 27 where either or both of the adopting parents stands in any of 28 the following relationships to the child by blood or 29 marriage: parent, grand-parent, brother, sister, step-parent, 30 step-grandparent, step-brother, step-sister, uncle, aunt, 31 great-uncle, great-aunt, or cousin of first degree. A child 32 whose parent has executed a final irrevocable consent to -27- LRB9203754DJgcam07 1 adoption or a final irrevocable surrender for purposes of 2 adoption, or whose parent has had his or her parental rights 3 terminated, is not a related child to that person, unless the 4 consent is determined to be void or is void pursuant to 5 subsection O of Section 10. 6 C. "Agency" for the purpose of this Act means a public 7 child welfare agency or a licensed child welfare agency. 8 D. "Unfit person" means any person whom the court shall 9 find to be unfit to have a child, without regard to the 10 likelihood that the child will be placed for adoption. The 11 grounds of unfitness are any one or more of the following, 12 except that a person shall not be considered an unfit person 13 for the sole reason that the person has relinquished a child 14 in accordance with the Abandoned Newborn Infant Protection 15 Act: 16 (a) Abandonment of the child. 17 (a-1) Abandonment of a newborn infant in a 18 hospital. 19 (a-2) Abandonment of a newborn infant in any 20 setting where the evidence suggests that the parent 21 intended to relinquish his or her parental rights. 22 (b) Failure to maintain a reasonable degree of 23 interest, concern or responsibility as to the child's 24 welfare. 25 (c) Desertion of the child for more than 3 months 26 next preceding the commencement of the Adoption 27 proceeding. 28 (d) Substantial neglect of the child if continuous 29 or repeated. 30 (d-1) Substantial neglect, if continuous or 31 repeated, of any child residing in the household which 32 resulted in the death of that child. 33 (e) Extreme or repeated cruelty to the child. 34 (f) Two or more findings of physical abuse to any -28- LRB9203754DJgcam07 1 children under Section 4-8 of the Juvenile Court Act or 2 Section 2-21 of the Juvenile Court Act of 1987, the most 3 recent of which was determined by the juvenile court 4 hearing the matter to be supported by clear and 5 convincing evidence; a criminal conviction or a finding 6 of not guilty by reason of insanity resulting from the 7 death of any child by physical child abuse; or a finding 8 of physical child abuse resulting from the death of any 9 child under Section 4-8 of the Juvenile Court Act or 10 Section 2-21 of the Juvenile Court Act of 1987. 11 (g) Failure to protect the child from conditions 12 within his environment injurious to the child's welfare. 13 (h) Other neglect of, or misconduct toward the 14 child; provided that in making a finding of unfitness the 15 court hearing the adoption proceeding shall not be bound 16 by any previous finding, order or judgment affecting or 17 determining the rights of the parents toward the child 18 sought to be adopted in any other proceeding except such 19 proceedings terminating parental rights as shall be had 20 under either this Act, the Juvenile Court Act or the 21 Juvenile Court Act of 1987. 22 (i) Depravity. Conviction of any one of the 23 following crimes shall create a presumption that a parent 24 is depraved which can be overcome only by clear and 25 convincing evidence: (1) first degree murder in violation 26 of paragraph 1 or 2 of subsection (a) of Section 9-1 of 27 the Criminal Code of 1961 or conviction of second degree 28 murder in violation of subsection (a) of Section 9-2 of 29 the Criminal Code of 1961 of a parent of the child to be 30 adopted; (2) first degree murder or second degree murder 31 of any child in violation of the Criminal Code of 1961; 32 (3) attempt or conspiracy to commit first degree murder 33 or second degree murder of any child in violation of the 34 Criminal Code of 1961; (4) solicitation to commit murder -29- LRB9203754DJgcam07 1 of any child, solicitation to commit murder of any child 2 for hire, or solicitation to commit second degree murder 3 of any child in violation of the Criminal Code of 1961; 4 or (5) aggravated criminal sexual assault in violation of 5 Section 12-14(b)(1) of the Criminal Code of 1961. 6 There is a rebuttable presumption that a parent is 7 depraved if the parent has been criminally convicted of 8 at least 3 felonies under the laws of this State or any 9 other state, or under federal law, or the criminal laws 10 of any United States territory; and at least one of these 11 convictions took place within 5 years of the filing of 12 the petition or motion seeking termination of parental 13 rights. 14 There is a rebuttable presumption that a parent is 15 depraved if that parent has been criminally convicted of 16 either first or second degree murder of any person as 17 defined in the Criminal Code of 1961 within 10 years of 18 the filing date of the petition or motion to terminate 19 parental rights. 20 (j) Open and notorious adultery or fornication. 21 (j-1) (Blank). 22 (k) Habitual drunkenness or addiction to drugs, 23 other than those prescribed by a physician, for at least 24 one year immediately prior to the commencement of the 25 unfitness proceeding. 26 There is a rebuttable presumption that a parent is 27 unfit under this subsection with respect to any child to 28 which that parent gives birth where there is a confirmed 29 test result that at birth the child's blood, urine, or 30 meconium contained any amount of a controlled substance 31 as defined in subsection (f) of Section 102 of the 32 Illinois Controlled Substances Act or metabolites of such 33 substances, the presence of which in the newborn infant 34 was not the result of medical treatment administered to -30- LRB9203754DJgcam07 1 the mother or the newborn infant; and the biological 2 mother of this child is the biological mother of at least 3 one other child who was adjudicated a neglected minor 4 under subsection (c) of Section 2-3 of the Juvenile Court 5 Act of 1987. 6 (l) Failure to demonstrate a reasonable degree of 7 interest, concern or responsibility as to the welfare of 8 a new born child during the first 30 days after its 9 birth. 10 (m) Failure by a parent (i) to make reasonable 11 efforts to correct the conditions that were the basis for 12 the removal of the child from the parent, or (ii) to make 13 reasonable progress toward the return of the child to the 14 parent within 9 months after an adjudication of neglected 15 or abused minor under Section 2-3 of the Juvenile Court 16 Act of 1987 or dependent minor under Section 2-4 of that 17 Act, or (iii) to make reasonable progress toward the 18 return of the child to the parent during any 9-month 19 period after the end of the initial 9-month period 20 following the adjudication of neglected or abused minor 21 under Section 2-3 of the Juvenile Court Act of 1987 or 22 dependent minor under Section 2-4 of that Act. If a 23 service plan has been established as required under 24 Section 8.2 of the Abused and Neglected Child Reporting 25 Act to correct the conditions that were the basis for the 26 removal of the child from the parent and if those 27 services were available, then, for purposes of this Act, 28 "failure to make reasonable progress toward the return of 29 the child to the parent" includes (I) the parent's 30 failure to substantially fulfill his or her obligations 31 under the service plan and correct the conditions that 32 brought the child into care within 9 months after the 33 adjudication under Section 2-3 or 2-4 of the Juvenile 34 Court Act of 1987 and (II) the parent's failure to -31- LRB9203754DJgcam07 1 substantially fulfill his or her obligations under the 2 service plan and correct the conditions that brought the 3 child into care during any 9-month period after the end 4 of the initial 9-month period following the adjudication 5 under Section 2-3 or 2-4 of the Juvenile Court Act of 6 1987. 7 (m-1) Pursuant to the Juvenile Court Act of 1987, a 8 child has been in foster care for 15 months out of any 22 9 month period which begins on or after the effective date 10 of this amendatory Act of 1998 unless the child's parent 11 can prove by a preponderance of the evidence that it is 12 more likely than not that it will be in the best 13 interests of the child to be returned to the parent 14 within 6 months of the date on which a petition for 15 termination of parental rights is filed under the 16 Juvenile Court Act of 1987. The 15 month time limit is 17 tolled during any period for which there is a court 18 finding that the appointed custodian or guardian failed 19 to make reasonable efforts to reunify the child with his 20 or her family, provided that (i) the finding of no 21 reasonable efforts is made within 60 days of the period 22 when reasonable efforts were not made or (ii) the parent 23 filed a motion requesting a finding of no reasonable 24 efforts within 60 days of the period when reasonable 25 efforts were not made. For purposes of this subdivision 26 (m-1), the date of entering foster care is the earlier 27 of: (i) the date of a judicial finding at an adjudicatory 28 hearing that the child is an abused, neglected, or 29 dependent minor; or (ii) 60 days after the date on which 30 the child is removed from his or her parent, guardian, or 31 legal custodian. 32 (n) Evidence of intent to forgo his or her parental 33 rights, whether or not the child is a ward of the court, 34 (1) as manifested by his or her failure for a period of -32- LRB9203754DJgcam07 1 12 months: (i) to visit the child, (ii) to communicate 2 with the child or agency, although able to do so and not 3 prevented from doing so by an agency or by court order, 4 or (iii) to maintain contact with or plan for the future 5 of the child, although physically able to do so, or (2) 6 as manifested by the father's failure, where he and the 7 mother of the child were unmarried to each other at the 8 time of the child's birth, (i) to commence legal 9 proceedings to establish his paternity under the Illinois 10 Parentage Act of 1984 or the law of the jurisdiction of 11 the child's birth within 30 days of being informed, 12 pursuant to Section 12a of this Act, that he is the 13 father or the likely father of the child or, after being 14 so informed where the child is not yet born, within 30 15 days of the child's birth, or (ii) to make a good faith 16 effort to pay a reasonable amount of the expenses related 17 to the birth of the child and to provide a reasonable 18 amount for the financial support of the child, the court 19 to consider in its determination all relevant 20 circumstances, including the financial condition of both 21 parents; provided that the ground for termination 22 provided in this subparagraph (n)(2)(ii) shall only be 23 available where the petition is brought by the mother or 24 the husband of the mother. 25 Contact or communication by a parent with his or her 26 child that does not demonstrate affection and concern 27 does not constitute reasonable contact and planning under 28 subdivision (n). In the absence of evidence to the 29 contrary, the ability to visit, communicate, maintain 30 contact, pay expenses and plan for the future shall be 31 presumed. The subjective intent of the parent, whether 32 expressed or otherwise, unsupported by evidence of the 33 foregoing parental acts manifesting that intent, shall 34 not preclude a determination that the parent has intended -33- LRB9203754DJgcam07 1 to forgo his or her parental rights. In making this 2 determination, the court may consider but shall not 3 require a showing of diligent efforts by an authorized 4 agency to encourage the parent to perform the acts 5 specified in subdivision (n). 6 It shall be an affirmative defense to any allegation 7 under paragraph (2) of this subsection that the father's 8 failure was due to circumstances beyond his control or to 9 impediments created by the mother or any other person 10 having legal custody. Proof of that fact need only be by 11 a preponderance of the evidence. 12 (o) Repeated or continuous failure by the parents, 13 although physically and financially able, to provide the 14 child with adequate food, clothing, or shelter. 15 (p) Inability to discharge parental 16 responsibilities supported by competent evidence from a 17 psychiatrist, licensed clinical social worker, or 18 clinical psychologist of mental impairment, mental 19 illness or mental retardation as defined in Section 1-116 20 of the Mental Health and Developmental Disabilities Code, 21 or developmental disability as defined in Section 1-106 22 of that Code, and there is sufficient justification to 23 believe that the inability to discharge parental 24 responsibilities shall extend beyond a reasonable time 25 period. However, this subdivision (p) shall not be 26 construed so as to permit a licensed clinical social 27 worker to conduct any medical diagnosis to determine 28 mental illness or mental impairment. 29 (q) The parent has been criminally convicted of 30 aggravated battery, heinous battery, or attempted murder 31 of any child. 32 (r) The child is in the temporary custody or 33 guardianship of the Department of Children and Family 34 Services, the parent is incarcerated as a result of -34- LRB9203754DJgcam07 1 criminal conviction at the time the petition or motion 2 for termination of parental rights is filed, prior to 3 incarceration the parent had little or no contact with 4 the child or provided little or no support for the child, 5 and the parent's incarceration will prevent the parent 6 from discharging his or her parental responsibilities for 7 the child for a period in excess of 2 years after the 8 filing of the petition or motion for termination of 9 parental rights. 10 (s) The child is in the temporary custody or 11 guardianship of the Department of Children and Family 12 Services, the parent is incarcerated at the time the 13 petition or motion for termination of parental rights is 14 filed, the parent has been repeatedly incarcerated as a 15 result of criminal convictions, and the parent's repeated 16 incarceration has prevented the parent from discharging 17 his or her parental responsibilities for the child. 18 (t) A finding that at birth the child's blood, 19 urine, or meconium contained any amount of a controlled 20 substance as defined in subsection (f) of Section 102 of 21 the Illinois Controlled Substances Act, or a metabolite 22 of a controlled substance, with the exception of 23 controlled substances or metabolites of such substances, 24 the presence of which in the newborn infant was the 25 result of medical treatment administered to the mother or 26 the newborn infant, and that the biological mother of 27 this child is the biological mother of at least one other 28 child who was adjudicated a neglected minor under 29 subsection (c) of Section 2-3 of the Juvenile Court Act 30 of 1987, after which the biological mother had the 31 opportunity to enroll in and participate in a clinically 32 appropriate substance abuse counseling, treatment, and 33 rehabilitation program. 34 E. "Parent" means the father or mother of a legitimate -35- LRB9203754DJgcam07 1 or illegitimate child. For the purpose of this Act, a person 2 who has executed a final and irrevocable consent to adoption 3 or a final and irrevocable surrender for purposes of 4 adoption, or whose parental rights have been terminated by a 5 court, is not a parent of the child who was the subject of 6 the consent or surrender, unless the consent is void pursuant 7 to subsection O of Section 10. 8 F. A person is available for adoption when the person 9 is: 10 (a) a child who has been surrendered for adoption 11 to an agency and to whose adoption the agency has 12 thereafter consented; 13 (b) a child to whose adoption a person authorized 14 by law, other than his parents, has consented, or to 15 whose adoption no consent is required pursuant to Section 16 8 of this Act; 17 (c) a child who is in the custody of persons who 18 intend to adopt him through placement made by his 19 parents; 20 (c-1) a child for whom a parent has signed a 21 specific consent pursuant to subsection O of Section 10; 22
or23 (d) an adult who meets the conditions set forth in 24 Section 3 of this Act; or .25 (e) a child who has been relinquished as defined in 26 Section 10 of the Abandoned Newborn Infant Protection 27 Act. 28 A person who would otherwise be available for adoption 29 shall not be deemed unavailable for adoption solely by reason 30 of his or her death. 31 G. The singular includes the plural and the plural 32 includes the singular and the "male" includes the "female", 33 as the context of this Act may require. 34 H. "Adoption disruption" occurs when an adoptive -36- LRB9203754DJgcam07 1 placement does not prove successful and it becomes necessary 2 for the child to be removed from placement before the 3 adoption is finalized. 4 I. "Foreign placing agency" is an agency or individual 5 operating in a country or territory outside the United States 6 that is authorized by its country to place children for 7 adoption either directly with families in the United States 8 or through United States based international agencies. 9 J. "Immediate relatives" means the biological parents, 10 the parents of the biological parents and siblings of the 11 biological parents. 12 K. "Intercountry adoption" is a process by which a child 13 from a country other than the United States is adopted. 14 L. "Intercountry Adoption Coordinator" is a staff person 15 of the Department of Children and Family Services appointed 16 by the Director to coordinate the provision of services by 17 the public and private sector to prospective parents of 18 foreign-born children. 19 M. "Interstate Compact on the Placement of Children" is 20 a law enacted by most states for the purpose of establishing 21 uniform procedures for handling the interstate placement of 22 children in foster homes, adoptive homes, or other child care 23 facilities. 24 N. "Non-Compact state" means a state that has not 25 enacted the Interstate Compact on the Placement of Children. 26 O. "Preadoption requirements" are any conditions 27 established by the laws or regulations of the Federal 28 Government or of each state that must be met prior to the 29 placement of a child in an adoptive home. 30 P. "Abused child" means a child whose parent or 31 immediate family member, or any person responsible for the 32 child's welfare, or any individual residing in the same home 33 as the child, or a paramour of the child's parent: 34 (a) inflicts, causes to be inflicted, or allows to -37- LRB9203754DJgcam07 1 be inflicted upon the child physical injury, by other 2 than accidental means, that causes death, disfigurement, 3 impairment of physical or emotional health, or loss or 4 impairment of any bodily function; 5 (b) creates a substantial risk of physical injury 6 to the child by other than accidental means which would 7 be likely to cause death, disfigurement, impairment of 8 physical or emotional health, or loss or impairment of 9 any bodily function; 10 (c) commits or allows to be committed any sex 11 offense against the child, as sex offenses are defined in 12 the Criminal Code of 1961 and extending those definitions 13 of sex offenses to include children under 18 years of 14 age; 15 (d) commits or allows to be committed an act or 16 acts of torture upon the child; or 17 (e) inflicts excessive corporal punishment. 18 Q. "Neglected child" means any child whose parent or 19 other person responsible for the child's welfare withholds or 20 denies nourishment or medically indicated treatment including 21 food or care denied solely on the basis of the present or 22 anticipated mental or physical impairment as determined by a 23 physician acting alone or in consultation with other 24 physicians or otherwise does not provide the proper or 25 necessary support, education as required by law, or medical 26 or other remedial care recognized under State law as 27 necessary for a child's well-being, or other care necessary 28 for his or her well-being, including adequate food, clothing 29 and shelter; or who is abandoned by his or her parents or 30 other person responsible for the child's welfare. 31 A child shall not be considered neglected or abused for 32 the sole reason that the child's parent or other person 33 responsible for his or her welfare depends upon spiritual 34 means through prayer alone for the treatment or cure of -38- LRB9203754DJgcam07 1 disease or remedial care as provided under Section 4 of the 2 Abused and Neglected Child Reporting Act. 3 R. "Putative father" means a man who may be a child's 4 father, but who (1) is not married to the child's mother on 5 or before the date that the child was or is to be born and 6 (2) has not established paternity of the child in a court 7 proceeding before the filing of a petition for the adoption 8 of the child. The term includes a male who is less than 18 9 years of age. "Putative father" does not mean a man who is 10 the child's father as a result of criminal sexual abuse or 11 assault as defined under Article 12 of the Criminal Code of 12 1961. 13 S. "Standby adoption" means an adoption in which a 14 terminally ill parent consents to custody and termination of 15 parental rights to become effective upon the occurrence of a 16 future event, which is either the death of the terminally ill 17 parent or the request of the parent for the entry of a final 18 judgment of adoption. 19 T. "Terminally ill parent" means a person who has a 20 medical prognosis by a physician licensed to practice 21 medicine in all of its branches that the person has an 22 incurable and irreversible condition which will lead to 23 death. 24 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 25 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, 26 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 27 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, 28 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; 29 revised 8-31-99.) 30 Section 999. Effective date. This Act takes effect upon 31 becoming law.".
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