102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5823

 

Introduced 11/16/2022, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Department of Public Health Powers and Duties Law. Requires the Department of Public Health to establish reproductive health centers throughout the State to provide comprehensive access to essential reproductive health care services. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes.


LRB102 29295 KTG 41264 b

 

 

A BILL FOR

 

HB5823LRB102 29295 KTG 41264 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Reproductive
5Liberty and Justice Act.
 
6    Section 3. Purpose. The purposes of this Act are to reduce
7racial and geographic inequities that currently preclude
8segments of the Illinois population from autonomously
9exercising the fundamental rights and liberties provided by
10the Reproductive Health Act; to provide patients with a secure
11knowledge that the personal information they disclose to
12providers of reproductive health care services will remain
13private and confidential; to correct deficiencies in the
14implementation of Public Act 93-578, such that families who
15experience stillbirth are treated with dignity and respect by
16this State; and to ensure that the increasing number of
17patients traveling to Illinois from out-of-state for legal
18abortion care does not compound inequities in the availability
19of and access to maternity care among childbearing families
20who reside in Illinois.
 
21    Section 4. The Substance Use Disorder Act is amended by
22adding Section 35-15 as follows:
 

 

 

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1    (20 ILCS 301/35-15 new)
2    Sec. 35-15. Plans of Safe Care. The Division of Substance
3Use Prevention and Recovery, in consultation with the Illinois
4Perinatal Quality Collaborative or its successor organization,
5shall develop a standardized Plan of Safe Care form to support
6discharge planning for mothers and infants affected by
7prenatal substance exposure. Plans of Safe Care shall not be
8recorded in the State Central Registry described in Section 7
9of the Abused and Neglected Child Reporting Act and shall not
10be discoverable or admissible as evidence in any proceeding
11pursuant to the Juvenile Court Act of 1987 or the Adoption Act
12unless the named party waives his or her right to
13confidentiality in writing.
14    As used in this Section, "Plan of Safe Care" means a
15written or electronic document designed to ensure the safety
16and well-being of a newborn who has been identified by his or
17her healthcare provider as being affected by prenatal
18substance exposure or withdrawal symptoms, or a fetal alcohol
19spectrum disorder (FASD), and his or her gestational parent.
 
20    Section 5. The Department of Public Health Powers and
21Duties Law of the Civil Administrative Code of Illinois is
22amended by adding Section 2310-438 as follows:
 
23    (20 ILCS 2310/2310-438 new)

 

 

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1    Sec. 2310-438. Reproductive health centers.
2    (a) As used in this Section, "reproductive health care"
3has the meaning ascribed to that term in Section 1-10 of the
4Reproductive Health Act.
5    (b) The Department shall establish reproductive health
6centers throughout the State to provide comprehensive access
7to essential reproductive health care services. The essential
8reproductive health care services shall be provided at an
9affordable price and shall include, but are not limited to,
10all of the following:
11        (1) Annual women's health examinations, including, but
12    not limited to, Papanicolaou tests and breast
13    examinations.
14        (2) Recovery support services for pregnant and
15    postpartum individuals affected by a substance use
16    disorder, including, but not limited to, the prescription
17    of medications that are approved by the United States Food
18    and Drug Administration and the Center for Substance Abuse
19    Treatment for the treatment of an opioid use disorder in
20    pregnant individuals. As used in this paragraph, "recovery
21    support" has the meaning ascribed to that term in Section
22    1-10 of the Substance Use Disorder Act.
23        (3) Preconception wellness visits.
24        (4) Prenatal care, including, but not limited to,
25    ultrasound examinations.
26        (5) Labor and delivery services led by a physician,

 

 

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1    certified nurse midwife, or licensed certified
2    professional midwife.
3        (6) Postpartum care and support.
4        (7) Examinations and prescriptions for contraceptives.
5        (8) Abortion care and post-abortion care, including,
6    but not limited to, induced terminations and management of
7    spontaneous fetal death.
8        (9) Examinations, care, and prescriptions for sexually
9    transmitted infections.
10        (10) Assessment for and prescription of pre-exposure
11    prophylaxis (PrEP).
12        (11) Perinatal doulas and community health workers who
13    specialize in reproductive health care issues.
14    (c) A reproductive health center established under this
15Section shall not refuse access to essential reproductive
16health care services described under subsection (b) to a
17patient seeking access to any of those services on the basis of
18his or her immigration status, state or territory of
19residence, insurance status, or of any other characteristic
20protected under the Illinois Human Rights Act.
21    (d) A reproductive health center established under this
22Section must obtain a certificate of need from the Health
23Facilities and Services Review Board under the Health
24Facilities Planning Act to operate an obstetric bed unit with
25a bed capacity of no more than 8 beds.
26    (e) A reproductive health center shall link and integrate

 

 

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1labor and delivery services with at least one hospital with a
2minimum Level 3 perinatal designation.
3    (f) A reproductive health center shall be eligible to
4receive funding through the Department of Human Services for
5programming described in subsection (h) and (i) of Section
635-5 of the Substance Use Disorder Act.
 
7    Section 10. The Equity and Representation in Health Care
8Act is amended by changing Section 10 as follows:
 
9    (110 ILCS 932/10)
10    (This Section may contain text from a Public Act with a
11delayed effective date)
12    Sec. 10. Definitions. As used in this Act:
13    "Accredited school" means a college or university in which
14a degree in allopathic medicine, osteopathic medicine,
15dentistry, physical therapy, or an equivalent credential for a
16health program is earned and for which the Council for Higher
17Education Accreditation or its affiliates has determined that
18the school meets specific standards for its programs, faculty,
19and curriculum.
20    "Advanced practice registered nurse" or "APRN" means an
21advanced practice registered nurse as defined under Section
2250-10 of the Nurse Practice Act.
23    "Allopathic medicine" means the use of pharmacological
24agents or physical interventions to treat or suppress symptoms

 

 

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1or processes of diseases or conditions.
2    "Applicant" means a health care professional or medical
3facility who applies for loan repayment assistance or
4scholarship funds under this Act.
5    "Approved graduate training" means training in medicine,
6dentistry, or any other health profession that leads to
7eligibility for board certification, provides evidence of
8completion, and is approved by the appropriate health care
9professional's body.
10    "Behavioral health provider" means a provider of a
11commonly recognized discipline in the behavioral health
12industry, including, but not limited to, licensed clinical
13social workers, behavioral health therapists, certified
14marriage and family counselors, licensed social workers, and
15addiction counselors.
16    "Breach of service obligation" means failure for any
17reason to begin or complete a contractual service commitment.
18    "Commercial loan" means a loan made by a bank, credit
19union, savings and loan association, insurance company,
20school, or other financial institution.
21    "Community health center" means a migrant health center,
22community health center, health care program for the homeless
23or for residents of public housing supported under Section 330
24of the federal Public Health Service Act, or FQHC, including
25an FQHC Look-Alike, as designated by the U.S. Department of
26Health and Human Services, that operates at least one

 

 

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1federally designated primary health care delivery site in
2Illinois.
3    "Default" means failure to meet a legal obligation or
4condition of a loan.
5    "Department" means the Department of Public Health.
6    "Dental assistant" means a person who serves as a member
7of a dental care team, working directly with a dentist to
8perform duties that include, but are not limited to, assisting
9with dental procedures, preparing patients for procedures,
10preparing examinations, and sterilizing equipment.
11    "Dentist" means a person licensed to practice dentistry
12under the Illinois Dental Practice Act.
13    "Director" means the Director of Public Health.
14    "Equity and Representation in Health Care Workforce
15Repayment Program" or "Repayment Program" means the Equity and
16Representation in Health Care Workforce Repayment Program
17created under subsection (a) of Section 15.
18    "Equity and Representation in Health Care Workforce
19Scholarship Program" or "Scholarship Program" means the Equity
20and Representation in Health Care Workforce Scholarship
21Program created under subsection (b) of Section 15.
22    "Federally Qualified Health Center" or "FQHC" means a
23health center funded under Section 330 of the federal Public
24Health Service Act.
25    "Federally Qualified Health Center Look-Alike" or "FQHC
26Look-Alike" means a health center that meets the requirements

 

 

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1for receiving a grant under Section 330 of the federal Public
2Health Service Act but does not receive funding under that
3authority.
4    "Government loan" means a loan made by a federal, State,
5county, or city agency authorized to make the loan.
6    "Health care professional" means a physician, physician
7assistant, advanced practice registered nurse, nurse, licensed
8certified professional midwife, chiropractic physician,
9podiatrist, physical therapist, physical therapist assistant,
10occupational therapist, speech therapist, behavioral health
11provider, psychiatrist, psychologist, pharmacist, dentist,
12medical assistant, dental assistant, or dental hygienist.
13    "Health professional shortage area" or "HPSA" means a
14designation from the U.S. Department of Health and Human
15Services that indicates the shortage of primary medical care
16or dental or mental health providers. The designation may be
17geographic, such as a county or service area; demographic,
18such as low-income population; or institutional, such as a
19comprehensive health center, FQHC, or other public facility.
20    "Lender" means the commercial or government entity that
21makes a qualifying loan.
22    "Licensed certified professional midwife" means a person
23who meets the requirements under Section 45 of the Licensed
24Certified Professional Midwife Practice Act and holds an
25active license to practice as a certified professional midwife
26in Illinois.

 

 

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1    "Loan repayment award" or "award" means the amount of
2funding awarded to a recipient based upon his or her
3reasonable educational expenses, up to a maximum established
4by the program.
5    "Loan repayment agreement" or "agreement" means the
6written instrument defining a legal relationship entered into
7between the Department and a recipient.
8    "Medical assistant" means a person who serves as a member
9of a medical care team working directly with other providers
10to perform duties that include, but are not limited to,
11gathering patient information, taking vital signs, preparing
12patients for examinations, and assisting physicians during
13examinations.
14    "Medical facility" means a facility in which the delivery
15of health services is provided. A medical facility must be a
16nonprofit or public facility located in Illinois and includes
17the following:
18        (1) A Federally Qualified Health Center.
19        (2) An FQHC Look-Alike.
20        (3) A hospital system operated by a county with more
21    than 3,000,000 residents.
22        (4) A reproductive health center established at a
23    nonprofit community health center under Section 2310-438
24    of the Department of Public Health Powers and Duties Law
25    of the Civil Administrative Code of Illinois, if approved
26    by the Department.

 

 

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1    "Medically underserved area" or "MUA" means an area
2designated by the U.S. Department of Health and Human
3Services' Health Resources and Services Administration as
4having too few primary care providers, high infant mortality,
5high poverty, or a high elderly population.
6    "Nurse" means a person who is licensed as a licensed
7practical nurse or as a registered nurse under the Nurse
8Practice Act.
9    "Osteopathic medicine" means medical practice based upon
10the theory that diseases are due to loss of structural
11integrity, which can be restored by manipulation of the parts
12and supplemented by therapeutic measures.
13    "Physical therapist" means an individual licensed as a
14physical therapist under the Illinois Physical Therapy Act.
15    "Physical therapist assistant" means an individual
16licensed as a physical therapist assistant under the Illinois
17Physical Therapy Act.
18    "Physician" means a person licensed to practice medicine
19in all of its branches under the Medical Practice Act of 1987.
20    "Physician assistant" means an individual licensed under
21the Physician Assistant Practice Act of 1987.
22    "Primary care" means health care that encompasses
23prevention services, basic diagnostic and treatment services,
24and support services, including laboratory, radiology,
25transportation, and pharmacy services.
26    "Psychiatrist" means a physician licensed to practice

 

 

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1medicine in Illinois under the Medical Practice Act of 1987
2who has successfully completed an accredited residency program
3in psychiatry.
4    "Qualifying loan" means a government loan or commercial
5loan used for tuition and reasonable educational and living
6expenses related to undergraduate or graduate education that
7was obtained by the recipient prior to his or her application
8for loan repayment and that is contemporaneous with the
9education received.
10    "Reasonable educational expenses" means costs for
11education, exclusive of tuition. These costs include, but are
12not limited to, fees, books, supplies, clinical travel,
13educational equipment, materials, board certification, or
14licensing examinations. "Reasonable educational expenses" do
15not exceed the estimated standard budget for expenses for the
16degree program and for the years of enrollment.
17    "Reasonable living expenses" means room and board,
18transportation, and commuting costs associated with the
19applicant's attendance and participation in an educational and
20workforce training program. "Reasonable living expenses" do
21not exceed the estimated standard budget for the recipient's
22degree program and for the years of enrollment.
23    "Recognized training entity" means an entity approved by
24the Department to provide training and education for medical
25assistants and dental assistants.
26    "Recipient" means a health care professional or medical

 

 

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1facility that may use loan repayment funds.
2    "Rural" has the same meaning that is used by the federal
3Health Resources and Services Administration to determine
4eligibility for Rural Health Grants.
5    "State" means the State of Illinois.
6(Source: P.A. 102-942, eff. 1-1-23; revised 9-2-22.)
 
7    Section 15. The Hospital Licensing Act is amended by
8changing Section 11.4 and by adding Section 11.9 as follows:
 
9    (210 ILCS 85/11.4)
10    Sec. 11.4. Disposition of fetus. A hospital having custody
11of a fetus following a spontaneous fetal demise occurring
12during or after a gestation period of less than 20 completed
13weeks must notify the mother of her right to arrange for the
14burial or cremation of the fetus. Notification may also
15include other options such as, but not limited to, a ceremony,
16a certificate, or common burial or cremation of fetal tissue.
17If, within 24 hours after being notified under this Section,
18the mother elects in writing to arrange for the burial or
19cremation of the fetus, the disposition of the fetus shall be
20subject to the same laws and rules that apply in the case of a
21fetal death that occurs in this State after a gestation period
22of 20 completed weeks or more. The Department of Public Health
23shall develop forms to be used for notifications and elections
24under this Section and hospitals shall provide the forms to

 

 

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1the mother.
2(Source: P.A. 96-338, eff. 1-1-10.)
 
3    (210 ILCS 85/11.9 new)
4    Sec. 11.9. Certificate of birth resulting in stillbirth;
5notification. This Section may be referred to as Liam's Law.
6    A hospital having custody of a fetus following a
7spontaneous fetal death occurring during or after a gestation
8period of at least 20 completed weeks must notify the
9gestational parent of the parent's right to receive a
10certificate of birth resulting in stillbirth as described in
11Section 20.5 of the Vital Records Act. The Department of
12Public Health shall develop a form to be used for notification
13under this Section and hospitals shall provide the form to the
14gestational parent. This form shall be known as a "Liam's Law
15notice." The Department of Public Health shall consult with
16the 2 Illinois-based Fetal Infant Mortality Review Project
17Community Action Teams, or their successor organizations, to
18ensure that any language included in the standardized "Liam's
19Law notice" is culturally sensitive to the needs of bereaved
20families. The "Liam's Law notice" shall be available in both
21English and Spanish.
 
22    Section 20. The Birth Center Licensing Act is amended by
23changing Section 5 as follows:
 

 

 

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1    (210 ILCS 170/5)
2    (Text of Section before amendment by P.A. 102-964)
3    Sec. 5. Definitions. In this Act:
4    "Birth center" means a designated site, other than a
5hospital:
6        (1) in which births are planned to occur following a
7    normal, uncomplicated, and low-risk pregnancy;
8        (2) that is not the pregnant person's usual place of
9    residence;
10        (3) that is exclusively dedicated to serving the
11    reproductive health care childbirth-related needs of
12    pregnant persons and their newborns, and has no more than
13    10 beds;
14        (4) that offers prenatal care and community education
15    services and coordinates these services with other health
16    care services available in the community; and
17        (5) that does not provide general anesthesia; and or
18    surgery.
19        (6) that does not provide surgery except as allowed by
20    the Department by rule.
21    "Certified nurse midwife" means an advanced practice
22registered nurse licensed in Illinois under the Nurse Practice
23Act with full practice authority or who is delegated such
24authority as part of a written collaborative agreement with a
25physician who is associated with the birthing center or who
26has privileges at a nearby birthing hospital.

 

 

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1    "Department" means the Illinois Department of Public
2Health.
3    "Hospital" does not include places where pregnant females
4are received, cared for, or treated during delivery if it is in
5a licensed birth center, nor include any facility required to
6be licensed as a birth center.
7    "Physician" means a physician licensed to practice
8medicine in all its branches in Illinois.
9    "Reproductive health care" has the meaning ascribed to
10that term in Section 1-10 of the Reproductive Health Act.
11(Source: P.A. 102-518, eff. 8-20-21.)
 
12    (Text of Section after amendment by P.A. 102-964)
13    Sec. 5. Definitions. In this Act:
14    "Birth center" means a designated site, other than a
15hospital:
16        (1) in which births are planned to occur following a
17    normal, uncomplicated, and low-risk pregnancy;
18        (2) that is not the pregnant person's usual place of
19    residence;
20        (3) that is exclusively dedicated to serving the
21    reproductive health care childbirth-related needs of
22    pregnant persons and their newborns, and has no more than
23    10 beds;
24        (4) that offers prenatal care and community education
25    services and coordinates these services with other health

 

 

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1    care services available in the community; and
2        (5) that does not provide general anesthesia; and or
3    surgery.
4        (6) that does not provide surgery except as allowed by
5    the Department by rule.
6    "Certified nurse midwife" means an advanced practice
7registered nurse licensed in Illinois under the Nurse Practice
8Act with full practice authority or who is delegated such
9authority as part of a written collaborative agreement with a
10physician who is associated with the birthing center or who
11has privileges at a nearby birthing hospital.
12    "Department" means the Illinois Department of Public
13Health.
14    "Hospital" does not include places where pregnant females
15are received, cared for, or treated during delivery if it is in
16a licensed birth center, nor include any facility required to
17be licensed as a birth center.
18    "Licensed certified professional midwife" means a person
19who has successfully met the requirements under Section 45 of
20the Licensed Certified Professional Midwife Practice Act and
21holds an active license to practice as a licensed certified
22professional midwife in Illinois.
23    "Physician" means a physician licensed to practice
24medicine in all its branches in Illinois.
25    "Reproductive health care" has the meaning ascribed to
26that term Section 1-10 of the Reproductive Health Act.

 

 

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1(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
 
2    Section 25. The Licensed Certified Professional Midwife
3Practice Act is amended by changing Section 85 as follows:
 
4    (225 ILCS 64/85)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 85. Prohibited practices.
7    (a) A licensed certified professional midwife may not do
8any of the following:
9        (1) administer prescription pharmacological agents
10    intended to induce or augment labor;
11        (2) administer prescription pharmacological agents to
12    provide pain management;
13        (3) use vacuum extractors or forceps;
14        (4) prescribe medications;
15        (5) provide out-of-hospital intrapartum care to a
16    childbearing individual who has had a previous cesarean
17    section;
18        (6) perform abortions or surgical procedures,
19    including, but not limited to, cesarean sections and
20    circumcisions, except for an emergency episiotomy;
21        (7) knowingly accept responsibility for prenatal or
22    intrapartum care of a client with any of the following
23    risk factors:
24            (A) chronic significant maternal cardiac,

 

 

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1        pulmonary, renal, or hepatic disease;
2            (B) malignant disease in an active phase;
3            (C) significant hematological disorders,
4        coagulopathies, or pulmonary embolism;
5            (D) insulin requiring diabetes mellitus;
6            (E) known maternal congenital abnormalities
7        affecting childbirth;
8            (F) confirmed isoimmunization, Rh disease with
9        positive titer;
10            (G) active tuberculosis;
11            (H) active syphilis or gonorrhea;
12            (I) active genital herpes infection 2 weeks prior
13        to labor or in labor;
14            (J) pelvic or uterine abnormalities affecting
15        normal vaginal births, including tumors and
16        malformations;
17            (K) (blank) alcoholism or alcohol abuse;
18            (L) (blank) drug addiction or abuse; or
19            (M) confirmed AIDS status.
20    (b) A licensed certified professional midwife shall not
21administer Schedule II through IV controlled substances.
22Subject to a prescription by a health care professional,
23Schedule V controlled substances may be administered by
24licensed certified professional midwives.
25(Source: P.A. 102-683, eff. 10-1-22.)
 

 

 

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1    Section 30. The Abused and Neglected Child Reporting Act
2is amended by changing Sections 3, 5, and 7.3 and by adding
3Section 3.5 as follows:
 
4    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
5    Sec. 3. As used in this Act unless the context otherwise
6requires:
7    "Adult resident" means any person between 18 and 22 years
8of age who resides in any facility licensed by the Department
9under the Child Care Act of 1969. For purposes of this Act, the
10criteria set forth in the definitions of "abused child" and
11"neglected child" shall be used in determining whether an
12adult resident is abused or neglected.
13    "Agency" means a child care facility licensed under
14Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
15includes a transitional living program that accepts children
16and adult residents for placement who are in the guardianship
17of the Department.
18    "Blatant disregard" means an incident where the real,
19significant, and imminent risk of harm would be so obvious to a
20reasonable parent or caretaker that it is unlikely that a
21reasonable parent or caretaker would have exposed the child to
22the danger without exercising precautionary measures to
23protect the child from harm. With respect to a person working
24at an agency in his or her professional capacity with a child
25or adult resident, "blatant disregard" includes a failure by

 

 

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1the person to perform job responsibilities intended to protect
2the child's or adult resident's health, physical well-being,
3or welfare, and, when viewed in light of the surrounding
4circumstances, evidence exists that would cause a reasonable
5person to believe that the child was neglected. With respect
6to an agency, "blatant disregard" includes a failure to
7implement practices that ensure the health, physical
8well-being, or welfare of the children and adult residents
9residing in the facility.
10    "CAPTA notification" refers to notification to the
11Department of an infant who has been born and identified as
12affected by prenatal substance exposure or a fetal alcohol
13spectrum disorder as required under the federal Child Abuse
14Prevention and Treatment Act.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois State
23Police.
24    "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon such child physical injury, by other than
4    accidental means, which 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 to
8    such child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against such child, as such sex offenses are defined in
14    the Criminal Code of 2012 or in the Wrongs to Children Act,
15    and extending those definitions of sex offenses to include
16    children under 18 years of age;
17        (d) commits or allows to be committed an act or acts of
18    torture upon such child;
19        (e) inflicts excessive corporal punishment or, in the
20    case of a person working for an agency who is prohibited
21    from using corporal punishment, inflicts corporal
22    punishment upon a child or adult resident with whom the
23    person is working in his or her professional capacity;
24        (f) commits or allows to be committed the offense of
25    female genital mutilation, as defined in Section 12-34 of
26    the Criminal Code of 2012, against the child;

 

 

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1        (g) causes to be sold, transferred, distributed, or
2    given to such child under 18 years of age, a controlled
3    substance as defined in Section 102 of the Illinois
4    Controlled Substances Act in violation of Article IV of
5    the Illinois Controlled Substances Act or in violation of
6    the Methamphetamine Control and Community Protection Act,
7    except for controlled substances that are prescribed in
8    accordance with Article III of the Illinois Controlled
9    Substances Act and are dispensed to such child in a manner
10    that substantially complies with the prescription;
11        (h) commits or allows to be committed the offense of
12    involuntary servitude, involuntary sexual servitude of a
13    minor, or trafficking in persons as defined in Section
14    10-9 of the Criminal Code of 2012 against the child; or
15        (i) commits the offense of grooming, as defined in
16    Section 11-25 of the Criminal Code of 2012, against the
17    child.
18    A child shall not be considered abused for the sole reason
19that the child has been relinquished in accordance with the
20Abandoned Newborn Infant Protection Act.
21    "Neglected child" means any child who is not receiving the
22proper or necessary nourishment or medically indicated
23treatment including food or care not provided solely on the
24basis of the present or anticipated mental or physical
25impairment as determined by a physician acting alone or in
26consultation with other physicians or otherwise is not

 

 

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1receiving the proper or necessary support or medical or other
2remedial care recognized under State law as necessary for a
3child's well-being, or other care necessary for his or her
4well-being, including adequate food, clothing and shelter; or
5who is subjected to an environment which is injurious insofar
6as (i) the child's environment creates a likelihood of harm to
7the child's health, physical well-being, or welfare and (ii)
8the likely harm to the child is the result of a blatant
9disregard of parent, caretaker, person responsible for the
10child's welfare, or agency responsibilities; or who is
11abandoned by his or her parents or other person responsible
12for the child's welfare without a proper plan of care; or who
13has been provided with interim crisis intervention services
14under Section 3-5 of the Juvenile Court Act of 1987 and whose
15parent, guardian, or custodian refuses to permit the child to
16return home and no other living arrangement agreeable to the
17parent, guardian, or custodian can be made, and the parent,
18guardian, or custodian has not made any other appropriate
19living arrangement for the child; or who is a newborn infant
20whose blood, urine, or meconium contains any amount of a
21controlled substance as defined in subsection (f) of Section
22102 of the Illinois Controlled Substances Act or a metabolite
23thereof, with the exception of a controlled substance or
24metabolite thereof whose presence in the newborn infant is the
25result of medical treatment administered to the mother or the
26newborn infant. A child shall not be considered neglected for

 

 

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1the sole reason that the child's parent or other person
2responsible for his or her welfare has left the child in the
3care of an adult relative for any period of time. A child shall
4not be considered neglected for the sole reason that the child
5has been relinquished in accordance with the Abandoned Newborn
6Infant Protection Act. A child shall not be considered
7neglected or abused for the sole reason that such child's
8parent or other person responsible for his or her welfare
9depends upon spiritual means through prayer alone for the
10treatment or cure of disease or remedial care as provided
11under Section 4 of this Act. A child shall not be considered
12neglected or abused solely because the child is not attending
13school in accordance with the requirements of Article 26 of
14The School Code, as amended.
15    "Child Protective Service Unit" means certain specialized
16State employees of the Department assigned by the Director to
17perform the duties and responsibilities as provided under
18Section 7.2 of this Act.
19    "Near fatality" means an act that, as certified by a
20physician, places the child in serious or critical condition,
21including acts of great bodily harm inflicted upon children
22under 13 years of age, and as otherwise defined by Department
23rule.
24    "Great bodily harm" includes bodily injury which creates a
25high probability of death, or which causes serious permanent
26disfigurement, or which causes a permanent or protracted loss

 

 

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1or impairment of the function of any bodily member or organ, or
2other serious bodily harm.
3    "Person responsible for the child's welfare" means the
4child's parent; guardian; foster parent; relative caregiver;
5any person responsible for the child's welfare in a public or
6private residential agency or institution; any person
7responsible for the child's welfare within a public or private
8profit or not for profit child care facility; or any other
9person responsible for the child's welfare at the time of the
10alleged abuse or neglect, including any person who commits or
11allows to be committed, against the child, the offense of
12involuntary servitude, involuntary sexual servitude of a
13minor, or trafficking in persons for forced labor or services,
14as provided in Section 10-9 of the Criminal Code of 2012,
15including, but not limited to, the custodian of the minor, or
16any person who came to know the child through an official
17capacity or position of trust, including, but not limited to,
18health care professionals, educational personnel, recreational
19supervisors, members of the clergy, and volunteers or support
20personnel in any setting where children may be subject to
21abuse or neglect.
22    "Temporary protective custody" means custody within a
23hospital or other medical facility or a place previously
24designated for such custody by the Department, subject to
25review by the Court, including a licensed foster home, group
26home, or other institution; but such place shall not be a jail

 

 

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1or other place for the detention of criminal or juvenile
2offenders.
3    "An unfounded report" means any report made under this Act
4for which it is determined after an investigation that no
5credible evidence of abuse or neglect exists.
6    "An indicated report" means a report made under this Act
7if an investigation determines that credible evidence of the
8alleged abuse or neglect exists.
9    "An undetermined report" means any report made under this
10Act in which it was not possible to initiate or complete an
11investigation on the basis of information provided to the
12Department.
13    "Subject of report" means any child reported to the
14central register of child abuse and neglect established under
15Section 7.7 of this Act as an alleged victim of child abuse or
16neglect and the parent or guardian of the alleged victim or
17other person responsible for the alleged victim's welfare who
18is named in the report or added to the report as an alleged
19perpetrator of child abuse or neglect.
20    "Perpetrator" means a person who, as a result of
21investigation, has been determined by the Department to have
22caused child abuse or neglect.
23    "Member of the clergy" means a clergyman or practitioner
24of any religious denomination accredited by the religious body
25to which he or she belongs.
26(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;

 

 

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1102-813, eff. 5-13-22.)
 
2    (325 ILCS 5/3.5 new)
3    Sec. 3.5. CAPTA notification. The Department shall develop
4a standardized CAPTA notification form that is separate and
5distinct from the form for written confirmation reports of
6child abuse or neglect as described in Section 7 of this Act. A
7CAPTA notification shall not be treated as a report of
8suspected child abuse or neglect under this Act. CAPTA
9notifications shall not be recorded in the State Central
10Registry and shall not be discoverable or admissible as
11evidence in any proceeding pursuant to the Juvenile Court Act
12of 1987 or the Adoption Act unless the named party waives his
13or her right to confidentiality in writing.
 
14    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
15    Sec. 5. An officer of a local law enforcement agency,
16designated employee of the Department, or a physician treating
17a child may take or retain temporary protective custody of the
18child without the consent of the person responsible for the
19child's welfare, if (1) he has reason to believe that there
20exists a substantial and imminent risk of death, serious
21illness, or severe personal injury to the child if he or she is
22not immediately removed from his or her the child cannot be
23cared for at home or from in the custody of the person
24responsible for the child's welfare without endangering the

 

 

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1child's health or safety; and (2) there is not time to apply
2for a court order under the Juvenile Court Act of 1987 for
3temporary custody of the child. The person taking or retaining
4a child in temporary protective custody shall immediately make
5every reasonable effort to notify the person responsible for
6the child's welfare and shall immediately notify the
7Department. The Department shall provide to the temporary
8caretaker of a child any information in the Department's
9possession concerning the positive results of a test performed
10on the child to determine the presence of the antibody or
11antigen to Human Immunodeficiency Virus (HIV), or of HIV
12infection, as well as any communicable diseases or
13communicable infections that the child has. The temporary
14caretaker of a child shall not disclose to another person any
15information received by the temporary caretaker from the
16Department concerning the results of a test performed on the
17child to determine the presence of the antibody or antigen to
18HIV, or of HIV infection, except pursuant to Section 9 of the
19AIDS Confidentiality Act, as now or hereafter amended. The
20Department shall promptly initiate proceedings under the
21Juvenile Court Act of 1987 for the continued temporary custody
22of the child.
23    Where the physician keeping a child in his custody does so
24in his capacity as a member of the staff of a hospital or
25similar institution, he shall notify the person in charge of
26the institution or his designated agent, who shall then become

 

 

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1responsible for the further care of such child in the hospital
2or similar institution under the direction of the Department.
3    Said care includes, but is not limited to the granting of
4permission to perform emergency medical treatment to a minor
5where the treatment itself does not involve a substantial risk
6of harm to the minor and the failure to render such treatment
7will likely result in death or permanent harm to the minor, and
8there is not time to apply for a court order under the Juvenile
9Court Act of 1987.
10    Any person authorized and acting in good faith in the
11removal of a child under this Section shall have immunity from
12any liability, civil or criminal that might otherwise be
13incurred or imposed as a result of such removal. Any physician
14authorized and acting in good faith and in accordance with
15acceptable medical practice in the treatment of a child under
16this Section shall have immunity from any liability, civil or
17criminal, that might otherwise be incurred or imposed as a
18result of granting permission for emergency treatment.
19    With respect to any child taken into temporary protective
20custody pursuant to this Section, the Department of Children
21and Family Services Guardianship Administrator or his designee
22shall be deemed the child's legally authorized representative
23for purposes of consenting to an HIV test if deemed necessary
24and appropriate by the Department's Guardianship Administrator
25or designee and obtaining and disclosing information
26concerning such test pursuant to the AIDS Confidentiality Act

 

 

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1if deemed necessary and appropriate by the Department's
2Guardianship Administrator or designee and for purposes of
3consenting to the release of information pursuant to the
4Illinois Sexually Transmissible Disease Control Act if deemed
5necessary and appropriate by the Department's Guardianship
6Administrator or designee.
7    Any person who administers an HIV test upon the consent of
8the Department of Children and Family Services Guardianship
9Administrator or his designee, or who discloses the results of
10such tests to the Department's Guardianship Administrator or
11his designee, shall have immunity from any liability, civil,
12criminal or otherwise, that might result by reason of such
13actions. For the purpose of any proceedings, civil or
14criminal, the good faith of any persons required to administer
15or disclose the results of tests, or permitted to take such
16actions, shall be presumed.
17(Source: P.A. 90-28, eff. 1-1-98.)
 
18    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
19    Sec. 7.3. (a) The Department shall be the sole agency
20responsible for receiving and investigating reports of child
21abuse or neglect made under this Act, including reports of
22adult resident abuse or neglect as defined in this Act, except
23where investigations by other agencies may be required with
24respect to reports alleging the abuse or neglect of a child by
25a person who is not the child's parent, a member of the child's

 

 

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1immediate family, a person responsible for the child's
2welfare, an individual residing in the same home as the child,
3or a paramour of the child's parent, the death of a child,
4serious injury to a child or sexual abuse to a child made
5pursuant to Sections 4.1 or 7 of this Act, and except that the
6Department may delegate the performance of the investigation
7to the Illinois State Police, a law enforcement agency and to
8those private social service agencies which have been
9designated for this purpose by the Department prior to July 1,
101980.
11    (b) Notwithstanding any other provision of this Act, the
12Department shall adopt rules expressly allowing law
13enforcement personnel to investigate reports of suspected
14child abuse or neglect concurrently with the Department,
15without regard to whether the Department determines a report
16to be "indicated" or "unfounded" or deems a report to be
17"undetermined".
18    (b-1) It shall be unlawful for any person described in
19paragraphs (1), (2), (3), and (10) of subsection (a) of
20Section 4 to disclose to the Department or to any law
21enforcement agency the results of:
22        (1) any verbal screening questions concerning drug or
23    alcohol use of a pregnant or postpartum person;
24        (2) any toxicology test administered to a person who
25    is pregnant or has given birth within the 12 weeks prior to
26    the administration of the toxicology test; or

 

 

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1        (3) any toxicology test administered to a newborn.
2    A mandated reporter described in this subsection shall not
3disclose a patient or client's confidential information
4described under paragraphs (1), (2), or (3) to a law
5enforcement agency or to the Department unless a law
6enforcement agency has successfully obtained and furnished a
7search warrant issued under Section 108-3 of the Code of
8Criminal Procedure of 1963.
9    Any person who knowingly and willfully violates any
10provision of this Section is guilty of a Class A misdemeanor
11for a first violation and a Class 4 felony for a second or
12subsequent violation.
13    (c) By June 1, 2016, the Department shall adopt rules that
14address and set forth criteria and standards relevant to
15investigations of reports of abuse or neglect committed by any
16agency, as defined in Section 3 of this Act, or person working
17for an agency responsible for the welfare of a child or adult
18resident.
19(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
20    (325 ILCS 5/4.4 rep.)
21    Section 35. The Abused and Neglected Child Reporting Act
22is amended by repealing Section 4.4.
 
23    Section 40. The Medical Patient Rights Act is amended by
24changing Section 3.4 and by adding Section 3.5 as follows:
 

 

 

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1    (410 ILCS 50/3.4)
2    Sec. 3.4. Rights of women; pregnancy and childbirth.
3    (a) In addition to any other right provided under this
4Act, every woman has the following rights with regard to
5pregnancy and childbirth:
6        (1) The right to receive health care before, during,
7    and after pregnancy and childbirth.
8        (2) The right to receive care for her and her infant
9    that is consistent with WHO recommendations on newborn
10    health: guidelines approved by the WHO Guidelines Review
11    Committee (WHO reference number WHO/MCA/17.07) and WHO
12    recommendations on maternal health: guidelines approved by
13    the WHO Guidelines Review Committee (WHO reference number
14    WHO/MCA/17.10) or the successors to those WHO
15    recommendations generally accepted medical standards.
16        (3) The right to choose a certified nurse midwife,
17    licensed certified professional midwife, or physician as
18    her maternity care professional.
19        (4) The right to choose her birth setting from the
20    full range of birthing options available in her community.
21        (5) The right to leave her maternity care provider
22    professional and select another if she becomes
23    dissatisfied with her care, except as otherwise provided
24    by law.
25        (6) The right to receive information about the names

 

 

HB5823- 34 -LRB102 29295 KTG 41264 b

1    of those health care professionals involved in her care.
2        (7) The right to privacy and confidentiality of
3    records, except as provided by law.
4        (8) The right to receive information concerning her
5    condition and proposed treatment, including methods of
6    relieving pain.
7        (9) The right to accept or refuse any treatment, to
8    the extent medically possible.
9        (10) The right to be informed if her caregivers wish
10    to enroll her or her infant in a research study in
11    accordance with Section 3.1 of this Act.
12        (11) The right to access her medical records in
13    accordance with Section 8-2001 of the Code of Civil
14    Procedure.
15        (12) The right to receive information in a language in
16    which she can communicate in accordance with federal law.
17        (13) The right to receive emotional and physical
18    support during labor and birth.
19        (14) The right to freedom of movement during labor and
20    to give birth in the position of her choice, within
21    generally accepted medical standards.
22        (15) The right to contact with her newborn, except
23    where necessary care must be provided to the mother or
24    infant.
25        (16) The right to receive information about
26    breastfeeding.

 

 

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1        (17) The right to decide collaboratively with
2    caregivers when she and her newborn baby will leave the
3    birth site for home, based on their conditions and
4    circumstances.
5        (18) The right to be treated with respect at all times
6    before, during, and after pregnancy by her and her
7    newborn's health care professionals.
8        (19) The right of each patient, regardless of source
9    of payment, to examine and receive a reasonable
10    explanation of her total bill for services rendered by her
11    maternity care professional or health care provider,
12    including itemized charges for specific services received.
13    Each maternity care professional or health care provider
14    shall be responsible only for a reasonable explanation of
15    those specific services provided by the maternity care
16    professional or health care provider.
17    (b) The Department of Public Health, Department of
18Healthcare and Family Services, Department of Children and
19Family Services, and Department of Human Services shall post,
20either by physical or electronic means, information about
21these rights on their publicly available websites. Every
22health care provider, day care center licensed under the Child
23Care Act of 1969, Head Start, and community center shall post
24information about these rights in a prominent place and on
25their websites, if applicable.
26    (c) The Department of Public Health shall adopt rules to

 

 

HB5823- 36 -LRB102 29295 KTG 41264 b

1implement this Section.
2    (d) Nothing in this Section or any rules adopted under
3subsection (c) shall be construed to require a physician,
4health care professional, hospital, hospital affiliate, or
5health care provider to provide care inconsistent with
6generally accepted medical standards or available capabilities
7or resources.
8(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 
9    (410 ILCS 50/3.5 new)
10    Sec. 3.5. Disclosure of medical information.
11    (a) Notwithstanding any other provision of law, and except
12as otherwise provided under this subsection, a patient has the
13right for a physician, health care provider, health services
14corporation, or insurance company to administer any of the
15following medical tests without disclosing the results of the
16test to a State or local law enforcement agency or to the
17Department of Children and Family Services:
18        (1) Any verbal screening or questioning concerning the
19    drug or alcohol use of a pregnant or postpartum person.
20        (2) Any toxicology test administered to a person who
21    is pregnant or has given birth within the previous 12
22    weeks.
23        (3) Any toxicology test administered to a newborn.
24    A physician, health care provider, health services
25corporation, or insurance company who administers a medical

 

 

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1test described under paragraph (1), (2), or (3) may disclose
2the results of the test to a law enforcement agency or to the
3Department of Children and Family Services if a law
4enforcement agency has successfully obtained and furnished a
5search warrant issued under Section 108-3 of the Code of
6Criminal Procedure of 1963.
7    (b) A health care provider shall not disclose any private
8information regarding a patient's reproductive health care to
9any out-of-state law enforcement person or entity unless
10disclosure of the information has been authorized pursuant to
11a State or federal court order.
12    (c) The rights described under this Section are granted to
13any person who is capable of becoming pregnant and who seeks
14reproductive health care within the borders of Illinois.
15    (d) Any person who knowingly and willfully violates any
16provision of this Section is guilty of a Class A misdemeanor
17for a first violation and a Class 4 felony for a second or
18subsequent violation.
19    (e) In this Section, "reproductive health care" has the
20same meaning as provided in Section 1-10 of the Reproductive
21Health Act.
 
22    Section 45. The Illinois Health and Hazardous Substances
23Registry Act is amended by changing Section 3 as follows:
 
24    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)

 

 

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1    Sec. 3. For the purposes of this Act, unless the context
2requires otherwise:
3    (a) "Department" means the Illinois Department of Public
4Health.
5    (b) "Director" means the Director of the Illinois
6Department of Public Health.
7    (c) "Council" means the Health and Hazardous Substances
8Coordinating Council created by this Act.
9    (d) "Registry" means the Illinois Health and Hazardous
10Substances Registry established by the Department of Public
11Health under Section 6 of this Act.
12    (e) "Cancer" means all malignant neoplasms, regardless of
13the tissue of origin, including malignant lymphoma and
14leukemia.
15    (f) "Cancer incidence" means a medical diagnosis of
16cancer, consisting of a record of cases of cancer and
17specified cases of tumorous or precancerous diseases which
18occur in Illinois, and such other information concerning these
19cases as the Department deems necessary or appropriate in
20order to conduct thorough and complete epidemiological surveys
21of cancer and cancer-related diseases in Illinois.
22    (g) "Occupational disease" includes but is not limited to
23all occupational diseases covered by the Workers' Occupational
24Diseases Act.
25    (h) "Hazardous substances" means a hazardous substance as
26defined in the Environmental Protection Act.

 

 

HB5823- 39 -LRB102 29295 KTG 41264 b

1    (i) "Hazardous substances incident" includes but is not
2limited to a spill, fire, or accident involving hazardous
3substances, illegal disposal, transportation, or use of
4hazardous substances, and complaints or permit violations
5involving hazardous substances.
6    (j) "Company profile" includes but is not limited to the
7name of any company operating in the State of Illinois which
8generates, uses, disposes of or transports hazardous
9substances, identification of the types of permits issued in
10such company's name relating to transactions involving
11hazardous substances, inventory of hazardous substances
12handled by such company, and the manner in which such
13hazardous substances are used, disposed of, or transported by
14the company.
15    (k)  "Hazardous nuclear material" means (1) any source or
16special nuclear material intended for use or used as an energy
17source in a production or utilization facility as defined in
18Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
19as amended; (2) any fuel which has been discharged from such a
20facility following irradiation, the constituent elements of
21which have not been separated by reprocessing; or (3) any
22by-product material resulting from operation of such a
23facility.
24    (l) "Adverse pregnancy outcome" includes, but is not
25limited to, birth defects, spontaneous fetal death after 20
26weeks of completed gestation fetal loss, infant mortality, low

 

 

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1birth weight, neonatal abstinence syndrome, newborn affected
2by prenatal substance exposure, fetal alcohol spectrum
3disorders, selected life-threatening conditions, and other
4developmental disabilities as defined by the Department.
5    "Neonatal abstinence syndrome" refers to the collection of
6signs and symptoms that occur when a newborn prenatally
7exposed to prescribed, diverted, or illicit opiates
8experiences opioid withdrawal. This syndrome is primarily
9characterized by irritability, tremors, feeding problems,
10vomiting, diarrhea, sweating, and in some cases, seizures.
11    "Newborn affected by prenatal substance exposure" means an
12infant born and identified as being affected by substance
13abuse or withdrawal symptoms resulting from prenatal exposure
14to controlled substances or a fetal alcohol spectrum disorder.
15The healthcare provider involved in the delivery or care of
16the newborn determines whether the infant is affected by
17prenatal substance exposure or withdrawal symptoms.
18    (m) "News medium" means any newspaper or other periodical
19issued at regular intervals, whether in print or electronic
20format, and having a general circulation; a news service,
21whether in print or electronic format; a radio station, a
22television station; a television network; a community antenna
23television service; and any person or corporation engaged in
24the making of news reels or other motion picture news for
25public showing.
26    (n) "Researcher" means an individual who is affiliated

 

 

HB5823- 41 -LRB102 29295 KTG 41264 b

1with or supported by universities, academic centers, research
2institutions, hospitals, and governmental entities who conduct
3scientific research or investigation on human diseases.
4(Source: P.A. 95-941, eff. 8-29-08.)
 
5    Section 50. The Vital Records Act is amended by changing
6Sections 20 and 20.5 as follows:
 
7    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
8    Sec. 20. Fetal death; place of registration.
9    (1) Each fetal death which occurs in this State after a
10gestation period of 20 completed weeks (or and when the mother
11elects in writing to arrange for the burial or cremation of the
12fetus under Section 11.4 of the Hospital Licensing Act) or
13more shall be registered with the local or subregistrar of the
14district in which the delivery occurred within 7 days after
15the delivery and before removal of the fetus from the State,
16except as provided by regulation in special problem cases.
17        (a) For the purposes of this Section, if the place of
18    fetal death is unknown, a fetal death certificate shall be
19    filed in the registration district in which a dead fetus
20    is found, which shall be considered the place of fetal
21    death.
22        (b) When a fetal death occurs on a moving conveyance,
23    the city, village, township, or road district in which the
24    fetus is first removed from the conveyance shall be

 

 

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1    considered the place of delivery and a fetal death
2    certificate shall be filed in the registration district in
3    which the place is located.
4        (c) The funeral director or person acting as such who
5    first assumes custody of a fetus shall file the
6    certificate. The personal data shall be obtained from the
7    best qualified person or source available. The name,
8    relationship, and address of the informant shall be
9    entered on the certificate. The date, place, and method of
10    final disposition of the fetus shall be recorded over the
11    personal signature and address of the funeral director
12    responsible for the disposition. The certificate shall be
13    presented to the person responsible for completing the
14    medical certification of the cause of death.
15    (2) The medical certification shall be completed and
16signed within 24 hours after delivery by the certifying health
17care professional in attendance at or after delivery, except
18when investigation is required under Division 3-3 of Article 3
19of the Counties Code and except as provided by regulation in
20special problem cases.
21    (3) When a fetal death occurs without medical attendance
22upon the mother at or after the delivery, or when
23investigation is required under Division 3-3 of Article 3 of
24the Counties Code, the coroner shall be responsible for the
25completion of the fetal death certificate and shall sign the
26medical certification within 24 hours after the delivery or

 

 

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1the finding of the fetus, except as provided by regulation in
2special problem cases.
3(Source: P.A. 102-257, eff. 1-1-22.)
 
4    (410 ILCS 535/20.5)
5    Sec. 20.5. Certificate of birth resulting in stillbirth.
6    (a) The State Registrar shall prescribe and distribute a
7form for a certificate of birth resulting in stillbirth. The
8certificate shall be in the same format as a certificate of
9live birth prepared under Section 12 and shall be filed in the
10same manner as a certificate of live birth.
11    (b) After each fetal death that occurs in this State after
12a gestation period of at least 20 26 completed weeks, or, in
13cases where gestational age is uncertain, where the fetus
14weighs at least 350 grams, the person who files a fetal death
15certificate in connection with that death as required under
16Section 20 shall, only upon request by the parent woman who
17delivered the stillborn fetus, also prepare a certificate of
18birth resulting in stillbirth. The person shall prepare the
19certificate on the form prescribed and furnished by the State
20Registrar and in accordance with the rules adopted by the
21State Registrar.
22    (b-5) A person who files a fetal death certificate as
23described under subsection (b) shall notify the gestational
24parent of the stillborn of that parent's right to request and
25receive a certificate of birth resulting in stillbirth under

 

 

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1subsection (b). The Department shall develop forms for
2notification under this subsection. This form shall be titled
3and known as a "Liam's Law notice."
4    (c) If the stillborn's parent or parents do not wish to
5provide a name for the stillborn, the person who prepares the
6certificate of birth resulting in stillbirth shall leave blank
7any references to the stillborn's name.
8    (d) When a stillbirth occurs in this State and the
9stillbirth has not been registered within one year after the
10delivery, a certificate marked "delayed" may be filed and
11registered in accordance with regulations adopted by the State
12Registrar. The certificate must show on its face the date of
13registration.
14    (e) In the case of a fetal death that occurred in this
15State after a gestation period of at least 20 26 completed
16weeks or, in cases where gestational age is uncertain, where
17the fetus weighs at least 350 grams, and before the effective
18date of this amendatory Act of the 102nd General Assembly this
19amendatory Act of the 93rd General Assembly, a parent of the
20stillborn child may request that the person who filed a fetal
21death certificate in connection with that death as required
22under Section 20 shall also prepare a certificate of birth
23resulting in stillbirth with respect to the fetus. If a parent
24of a stillborn makes such a request under this subsection (e),
25the person who filed a fetal death certificate shall prepare
26the certificate of birth resulting in stillbirth and file it

 

 

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1with the designated registrar within 30 days after the request
2by the parent.
3(Source: P.A. 93-578, eff. 8-21-03.)
 
4    Section 55. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-3 and 2-18 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's
17    well-being, or other care necessary for his or her
18    well-being, including adequate food, clothing and shelter,
19    or who is abandoned by his or her parent or parents or
20    other person or persons responsible for the minor's
21    welfare, except that a minor shall not be considered
22    neglected for the sole reason that the minor's parent or
23    parents or other person or persons responsible for the
24    minor's welfare have left the minor in the care of an adult

 

 

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1    relative for any period of time, who the parent or parents
2    or other person responsible for the minor's welfare know
3    is both a mentally capable adult relative and physically
4    capable adult relative, as defined by this Act; or
5        (b) any minor under 18 years of age or a minor 18 years
6    of age or older for whom the court has made a finding of
7    probable cause to believe that the minor is abused,
8    neglected, or dependent under subsection (1) of Section
9    2-10 prior to the minor's 18th birthday whose environment
10    is injurious to his or her welfare; or
11        (c) (blank); or any newborn infant whose blood, urine,
12    or meconium contains any amount of a controlled substance
13    as defined in subsection (f) of Section 102 of the
14    Illinois Controlled Substances Act, as now or hereafter
15    amended, or a metabolite of a controlled substance, with
16    the exception of controlled substances or metabolites of
17    such substances, the presence of which in the newborn
18    infant is the result of medical treatment administered to
19    the mother or the newborn infant; or
20        (d) any minor under the age of 14 years whose parent or
21    other person responsible for the minor's welfare leaves
22    the minor without supervision for an unreasonable period
23    of time without regard for the mental or physical health,
24    safety, or welfare of that minor; or
25        (e) any minor who has been provided with interim
26    crisis intervention services under Section 3-5 of this Act

 

 

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1    and whose parent, guardian, or custodian refuses to permit
2    the minor to return home unless the minor is an immediate
3    physical danger to himself, herself, or others living in
4    the home.
5    Whether the minor was left without regard for the mental
6or physical health, safety, or welfare of that minor or the
7period of time was unreasonable shall be determined by
8considering the following factors, including but not limited
9to:
10        (1) the age of the minor;
11        (2) the number of minors left at the location;
12        (3) special needs of the minor, including whether the
13    minor is a person with a physical or mental disability, or
14    otherwise in need of ongoing prescribed medical treatment
15    such as periodic doses of insulin or other medications;
16        (4) the duration of time in which the minor was left
17    without supervision;
18        (5) the condition and location of the place where the
19    minor was left without supervision;
20        (6) the time of day or night when the minor was left
21    without supervision;
22        (7) the weather conditions, including whether the
23    minor was left in a location with adequate protection from
24    the natural elements such as adequate heat or light;
25        (8) the location of the parent or guardian at the time
26    the minor was left without supervision, the physical

 

 

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1    distance the minor was from the parent or guardian at the
2    time the minor was without supervision;
3        (9) whether the minor's movement was restricted, or
4    the minor was otherwise locked within a room or other
5    structure;
6        (10) whether the minor was given a phone number of a
7    person or location to call in the event of an emergency and
8    whether the minor was capable of making an emergency call;
9        (11) whether there was food and other provision left
10    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 of
17    the person or persons who provided supervision for the
18    minor;
19        (14) whether the minor was left under the supervision
20    of another person;
21        (15) any other factor that would endanger the health
22    and safety of that particular minor.
23    A minor shall not be considered neglected for the sole
24reason that the minor has been relinquished in accordance with
25the Abandoned Newborn Infant Protection Act.
26    (2) Those who are abused include any minor under 18 years

 

 

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1of age or a minor 18 years of age or older for whom the court
2has made a finding of probable cause to believe that the minor
3is abused, neglected, or dependent under subsection (1) of
4Section 2-10 prior to the minor's 18th birthday whose parent
5or immediate family member, or any person responsible for the
6minor's welfare, or any person who is in the same family or
7household as the minor, or any individual residing in the same
8home as the minor, or a paramour of the minor's parent:
9        (i) inflicts, causes to be inflicted, or allows to be
10    inflicted upon such minor physical injury, by other than
11    accidental means, which causes death, disfigurement,
12    impairment of physical or emotional health, or loss or
13    impairment of any bodily function;
14        (ii) creates a substantial risk of physical injury to
15    such minor by other than accidental means which would be
16    likely to cause death, disfigurement, impairment of
17    emotional health, or loss or impairment of any bodily
18    function;
19        (iii) commits or allows to be committed any sex
20    offense against such minor, as such sex offenses are
21    defined in the Criminal Code of 1961 or the Criminal Code
22    of 2012, or in the Wrongs to Children Act, and extending
23    those definitions of sex offenses to include minors under
24    18 years of age;
25        (iv) commits or allows to be committed an act or acts
26    of torture upon such minor;

 

 

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1        (v) inflicts excessive corporal punishment;
2        (vi) commits or allows to be committed the offense of
3    involuntary servitude, involuntary sexual servitude of a
4    minor, or trafficking in persons as defined in Section
5    10-9 of the Criminal Code of 1961 or the Criminal Code of
6    2012, upon such minor; or
7        (vii) allows, encourages or requires a minor to commit
8    any act of prostitution, as defined in the Criminal Code
9    of 1961 or the Criminal Code of 2012, and extending those
10    definitions to include minors under 18 years of age.
11    A minor shall not be considered abused for the sole reason
12that the minor has been relinquished in accordance with the
13Abandoned Newborn Infant Protection Act.
14    (3) This Section does not apply to a minor who would be
15included herein solely for the purpose of qualifying for
16financial assistance for himself, his parents, guardian or
17custodian.
18    (4) The changes made by this amendatory Act of the 101st
19General Assembly apply to a case that is pending on or after
20the effective date of this amendatory Act of the 101st General
21Assembly.
22(Source: P.A. 101-79, eff. 7-12-19.)
 
23    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
24    Sec. 2-18. Evidence.
25    (1) At the adjudicatory hearing, the court shall first

 

 

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1consider only the question whether the minor is abused,
2neglected or dependent. The standard of proof and the rules of
3evidence in the nature of civil proceedings in this State are
4applicable to proceedings under this Article. If the petition
5also seeks the appointment of a guardian of the person with
6power to consent to adoption of the minor under Section 2-29,
7the court may also consider legally admissible evidence at the
8adjudicatory hearing that one or more grounds of unfitness
9exists under subdivision D of Section 1 of the Adoption Act.
10    (2) In any hearing under this Act, the following shall
11constitute prima facie evidence of abuse or neglect, as the
12case may be:
13        (a) proof that a minor has a medical diagnosis of
14    battered child syndrome is prima facie evidence of abuse;
15        (b) (blank); proof that a minor has a medical
16    diagnosis of failure to thrive syndrome is prima facie
17    evidence of neglect;
18        (c) (blank); proof that a minor has a medical
19    diagnosis of fetal alcohol syndrome is prima facie
20    evidence of neglect;
21        (d) (blank); proof that a minor has a medical
22    diagnosis at birth of withdrawal symptoms from narcotics
23    or barbiturates is prima facie evidence of neglect;
24        (e) proof of injuries sustained by a minor or of the
25    condition of a minor of such a nature as would ordinarily
26    not be sustained or exist except by reason of the acts or

 

 

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1    omissions of the parent, custodian or guardian of such
2    minor shall be prima facie evidence of abuse or neglect,
3    as the case may be;
4        (f) proof that a parent, custodian or guardian of a
5    minor repeatedly used a drug, to the extent that it has or
6    would ordinarily have the effect of producing in the user
7    a substantial state of stupor, unconsciousness,
8    intoxication, hallucination, disorientation or
9    incompetence, or a substantial impairment of judgment, or
10    a substantial manifestation of irrationality, shall be
11    prima facie evidence of neglect;
12        (g) (blank); proof that a parent, custodian, or
13    guardian of a minor repeatedly used a controlled
14    substance, as defined in subsection (f) of Section 102 of
15    the Illinois Controlled Substances Act, in the presence of
16    the minor or a sibling of the minor is prima facie evidence
17    of neglect. "Repeated use", for the purpose of this
18    subsection, means more than one use of a controlled
19    substance as defined in subsection (f) of Section 102 of
20    the Illinois Controlled Substances Act;
21        (h) (blank); proof that a newborn infant's blood,
22    urine, or meconium contains any amount of a controlled
23    substance as defined in subsection (f) of Section 102 of
24    the Illinois Controlled Substances Act, or a metabolite of
25    a controlled substance, with the exception of controlled
26    substances or metabolites of those substances, the

 

 

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1    presence of which is the result of medical treatment
2    administered to the mother or the newborn, is prime facie
3    evidence of neglect;
4        (i) proof that a minor was present in a structure or
5    vehicle in which the minor's parent, custodian, or
6    guardian was involved in the manufacture of
7    methamphetamine constitutes prima facie evidence of abuse
8    and neglect;
9        (j) proof that a parent, custodian, or guardian of a
10    minor allows, encourages, or requires a minor to perform,
11    offer, or agree to perform any act of sexual penetration
12    as defined in Section 11-0.1 of the Criminal Code of 2012
13    for any money, property, token, object, or article or
14    anything of value, or any touching or fondling of the sex
15    organs of one person by another person, for any money,
16    property, token, object, or article or anything of value,
17    for the purpose of sexual arousal or gratification,
18    constitutes prima facie evidence of abuse and neglect;
19        (k) proof that a parent, custodian, or guardian of a
20    minor commits or allows to be committed the offense of
21    involuntary servitude, involuntary sexual servitude of a
22    minor, or trafficking in persons as defined in Section
23    10-9 of the Criminal Code of 1961 or the Criminal Code of
24    2012, upon such minor, constitutes prima facie evidence of
25    abuse and neglect.
26    (3) In any hearing under this Act, proof of the abuse,

 

 

HB5823- 54 -LRB102 29295 KTG 41264 b

1neglect or dependency of one minor shall be admissible
2evidence on the issue of the abuse, neglect or dependency of
3any other minor for whom the respondent is responsible.
4    (4) (a) Any writing, record, photograph or x-ray of any
5hospital or public or private agency, whether in the form of an
6entry in a book or otherwise, made as a memorandum or record of
7any condition, act, transaction, occurrence or event relating
8to a minor in an abuse, neglect or dependency proceeding,
9shall be admissible in evidence as proof of that condition,
10act, transaction, occurrence or event, if the court finds that
11the document was made in the regular course of the business of
12the hospital or agency and that it was in the regular course of
13such business to make it, at the time of the act, transaction,
14occurrence or event, or within a reasonable time thereafter. A
15certification by the head or responsible employee of the
16hospital or agency that the writing, record, photograph or
17x-ray is the full and complete record of the condition, act,
18transaction, occurrence or event and that it satisfies the
19conditions of this paragraph shall be prima facie evidence of
20the facts contained in such certification. A certification by
21someone other than the head of the hospital or agency shall be
22accompanied by a photocopy of a delegation of authority signed
23by both the head of the hospital or agency and by such other
24employee. All other circumstances of the making of the
25memorandum, record, photograph or x-ray, including lack of
26personal knowledge of the maker, may be proved to affect the

 

 

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1weight to be accorded such evidence, but shall not affect its
2admissibility.
3    (b) Any indicated report filed pursuant to the Abused and
4Neglected Child Reporting Act shall be admissible in evidence.
5    (c) Previous statements made by the minor relating to any
6allegations of abuse or neglect shall be admissible in
7evidence. However, no such statement, if uncorroborated and
8not subject to cross-examination, shall be sufficient in
9itself to support a finding of abuse or neglect.
10    (d) There shall be a rebuttable presumption that a minor
11is competent to testify in abuse or neglect proceedings. The
12court shall determine how much weight to give to the minor's
13testimony, and may allow the minor to testify in chambers with
14only the court, the court reporter and attorneys for the
15parties present.
16    (e) The privileged character of communication between any
17professional person and patient or client, except privilege
18between attorney and client, shall not apply to proceedings
19subject to this Article.
20    (f) Proof of the impairment of emotional health or
21impairment of mental or emotional condition as a result of the
22failure of the respondent to exercise a minimum degree of care
23toward a minor may include competent opinion or expert
24testimony, and may include proof that such impairment lessened
25during a period when the minor was in the care, custody or
26supervision of a person or agency other than the respondent.

 

 

HB5823- 56 -LRB102 29295 KTG 41264 b

1    (5) In any hearing under this Act alleging neglect for
2failure to provide education as required by law under
3subsection (1) of Section 2-3, proof that a minor under 13
4years of age who is subject to compulsory school attendance
5under the School Code is a chronic truant as defined under the
6School Code shall be prima facie evidence of neglect by the
7parent or guardian in any hearing under this Act and proof that
8a minor who is 13 years of age or older who is subject to
9compulsory school attendance under the School Code is a
10chronic truant shall raise a rebuttable presumption of neglect
11by the parent or guardian. This subsection (5) shall not apply
12in counties with 2,000,000 or more inhabitants.
13    (6) In any hearing under this Act, the court may take
14judicial notice of prior sworn testimony or evidence admitted
15in prior proceedings involving the same minor if (a) the
16parties were either represented by counsel at such prior
17proceedings or the right to counsel was knowingly waived and
18(b) the taking of judicial notice would not result in
19admitting hearsay evidence at a hearing where it would
20otherwise be prohibited.
21(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
2297-1150, eff. 1-25-13.)
 
23    Section 60. The Adoption Act is amended by changing
24Section 1 as follows:
 

 

 

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1    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
2    Sec. 1. Definitions. When used in this Act, unless the
3context otherwise requires:
4    A. "Child" means a person under legal age subject to
5adoption under this Act.
6    B. "Related child" means a child subject to adoption where
7either or both of the adopting parents stands in any of the
8following relationships to the child by blood, marriage,
9adoption, or civil union: parent, grand-parent,
10great-grandparent, brother, sister, step-parent,
11step-grandparent, step-brother, step-sister, uncle, aunt,
12great-uncle, great-aunt, first cousin, or second cousin. A
13person is related to the child as a first cousin or second
14cousin if they are both related to the same ancestor as either
15grandchild or great-grandchild. A child whose parent has
16executed a consent to adoption, a surrender, or a waiver
17pursuant to Section 10 of this Act or whose parent has signed a
18denial of paternity pursuant to Section 12 of the Vital
19Records Act or Section 12a of this Act, or whose parent has had
20his or her parental rights terminated, is not a related child
21to that person, unless (1) the consent is determined to be void
22or is void pursuant to subsection O of Section 10 of this Act;
23or (2) the parent of the child executed a consent to adoption
24by a specified person or persons pursuant to subsection A-1 of
25Section 10 of this Act and a court of competent jurisdiction
26finds that such consent is void; or (3) the order terminating

 

 

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1the parental rights of the parent is vacated by a court of
2competent jurisdiction.
3    C. "Agency" for the purpose of this Act means a public
4child welfare agency or a licensed child welfare agency.
5    D. "Unfit person" means any person whom the court shall
6find to be unfit to have a child, without regard to the
7likelihood that the child will be placed for adoption. The
8grounds of unfitness are any one or more of the following,
9except that a person shall not be considered an unfit person
10for the sole reason that the person has relinquished a child in
11accordance with the Abandoned Newborn Infant Protection Act:
12        (a) Abandonment of the child.
13        (a-1) Abandonment of a newborn infant in a hospital.
14        (a-2) Abandonment of a newborn infant in any setting
15    where the evidence suggests that the parent intended to
16    relinquish his or her parental rights.
17        (b) Failure to maintain a reasonable degree of
18    interest, concern or responsibility as to the child's
19    welfare.
20        (c) Desertion of the child for more than 3 months next
21    preceding the commencement of the Adoption proceeding.
22        (d) Substantial neglect of the child if continuous or
23    repeated.
24        (d-1) Substantial neglect, if continuous or repeated,
25    of any child residing in the household which resulted in
26    the death of that child.

 

 

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1        (e) Extreme or repeated cruelty to the child.
2        (f) There is a rebuttable presumption, which can be
3    overcome only by clear and convincing evidence, that a
4    parent is unfit if:
5            (1) Two or more findings of physical abuse have
6        been entered regarding any children under Section 2-21
7        of the Juvenile Court Act of 1987, the most recent of
8        which was determined by the juvenile court hearing the
9        matter to be supported by clear and convincing
10        evidence; or
11            (2) The parent has been convicted or found not
12        guilty by reason of insanity and the conviction or
13        finding resulted from the death of any child by
14        physical abuse; or
15            (3) There is a finding of physical child abuse
16        resulting from the death of any child under Section
17        2-21 of the Juvenile Court Act of 1987.
18        No conviction or finding of delinquency pursuant to
19    Article V of the Juvenile Court Act of 1987 shall be
20    considered a criminal conviction for the purpose of
21    applying any presumption under this item (f).
22        (g) Failure to protect the child from conditions
23    within his environment injurious to the child's welfare.
24        (h) Other neglect of, or misconduct toward the child;
25    provided that in making a finding of unfitness the court
26    hearing the adoption proceeding shall not be bound by any

 

 

HB5823- 60 -LRB102 29295 KTG 41264 b

1    previous finding, order or judgment affecting or
2    determining the rights of the parents toward the child
3    sought to be adopted in any other proceeding except such
4    proceedings terminating parental rights as shall be had
5    under either this Act, the Juvenile Court Act or the
6    Juvenile Court Act of 1987.
7        (i) Depravity. Conviction of any one of the following
8    crimes shall create a presumption that a parent is
9    depraved which can be overcome only by clear and
10    convincing evidence: (1) first degree murder in violation
11    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
12    the Criminal Code of 1961 or the Criminal Code of 2012 or
13    conviction of second degree murder in violation of
14    subsection (a) of Section 9-2 of the Criminal Code of 1961
15    or the Criminal Code of 2012 of a parent of the child to be
16    adopted; (2) first degree murder or second degree murder
17    of any child in violation of the Criminal Code of 1961 or
18    the Criminal Code of 2012; (3) attempt or conspiracy to
19    commit first degree murder or second degree murder of any
20    child in violation of the Criminal Code of 1961 or the
21    Criminal Code of 2012; (4) solicitation to commit murder
22    of any child, solicitation to commit murder of any child
23    for hire, or solicitation to commit second degree murder
24    of any child in violation of the Criminal Code of 1961 or
25    the Criminal Code of 2012; (5) predatory criminal sexual
26    assault of a child in violation of Section 11-1.40 or

 

 

HB5823- 61 -LRB102 29295 KTG 41264 b

1    12-14.1 of the Criminal Code of 1961 or the Criminal Code
2    of 2012; (6) heinous battery of any child in violation of
3    the Criminal Code of 1961; (7) aggravated battery of any
4    child in violation of the Criminal Code of 1961 or the
5    Criminal Code of 2012; (8) any violation of Section
6    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
7    the Criminal Code of 2012; (9) any violation of subsection
8    (a) of Section 11-1.50 or Section 12-16 of the Criminal
9    Code of 1961 or the Criminal Code of 2012; (10) any
10    violation of Section 11-9.1 of the Criminal Code of 1961
11    or the Criminal Code of 2012; (11) any violation of
12    Section 11-9.1A of the Criminal Code of 1961 or the
13    Criminal Code of 2012; or (12) an offense in any other
14    state the elements of which are similar and bear a
15    substantial relationship to any of the enumerated offenses
16    in this subsection (i).
17        There is a rebuttable presumption that a parent is
18    depraved if the parent has been criminally convicted of at
19    least 3 felonies under the laws of this State or any other
20    state, or under federal law, or the criminal laws of any
21    United States territory; and at least one of these
22    convictions took place within 5 years of the filing of the
23    petition or motion seeking termination of parental rights.
24        There is a rebuttable presumption that a parent is
25    depraved if that parent has been criminally convicted of
26    either first or second degree murder of any person as

 

 

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1    defined in the Criminal Code of 1961 or the Criminal Code
2    of 2012 within 10 years of the filing date of the petition
3    or motion to terminate parental rights.
4        No conviction or finding of delinquency pursuant to
5    Article 5 of the Juvenile Court Act of 1987 shall be
6    considered a criminal conviction for the purpose of
7    applying any presumption under this item (i).
8        (j) Open and notorious adultery or fornication.
9        (j-1) (Blank).
10        (k) Habitual drunkenness or addiction to drugs, other
11    than those prescribed by a physician, for at least one
12    year immediately prior to the commencement of the
13    unfitness proceeding.
14        There is a rebuttable presumption that a parent is
15    unfit under this subsection with respect to any child to
16    which that parent gives birth where there is a confirmed
17    test result that at birth the child's blood, urine, or
18    meconium contained any amount of a controlled substance as
19    defined in subsection (f) of Section 102 of the Illinois
20    Controlled Substances Act or metabolites of such
21    substances, the presence of which in the newborn infant
22    was not the result of medical treatment administered to
23    the mother or the newborn infant; and the biological
24    mother of this child is the biological mother of at least
25    one other child who was adjudicated a neglected minor
26    under subsection (c) of Section 2-3 of the Juvenile Court

 

 

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1    Act of 1987.
2        (l) Failure to demonstrate a reasonable degree of
3    interest, concern or responsibility as to the welfare of a
4    new born child during the first 30 days after its birth.
5        (m) Failure by a parent (i) to make reasonable efforts
6    to correct the conditions that were the basis for the
7    removal of the child from the parent during any 9-month
8    period following the adjudication of neglected or abused
9    minor under Section 2-3 of the Juvenile Court Act of 1987
10    or dependent minor under Section 2-4 of that Act, or (ii)
11    to make reasonable progress toward the return of the child
12    to the parent during any 9-month period following the
13    adjudication of neglected or abused minor under Section
14    2-3 of the Juvenile Court Act of 1987 or dependent minor
15    under Section 2-4 of that Act. If a service plan has been
16    established as required under Section 8.2 of the Abused
17    and Neglected Child Reporting Act to correct the
18    conditions that were the basis for the removal of the
19    child from the parent and if those services were
20    available, then, for purposes of this Act, "failure to
21    make reasonable progress toward the return of the child to
22    the parent" includes the parent's failure to substantially
23    fulfill his or her obligations under the service plan and
24    correct the conditions that brought the child into care
25    during any 9-month period following the adjudication under
26    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

 

 

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1    Notwithstanding any other provision, when a petition or
2    motion seeks to terminate parental rights on the basis of
3    item (ii) of this subsection (m), the petitioner shall
4    file with the court and serve on the parties a pleading
5    that specifies the 9-month period or periods relied on.
6    The pleading shall be filed and served on the parties no
7    later than 3 weeks before the date set by the court for
8    closure of discovery, and the allegations in the pleading
9    shall be treated as incorporated into the petition or
10    motion. Failure of a respondent to file a written denial
11    of the allegations in the pleading shall not be treated as
12    an admission that the allegations are true.
13        (m-1) (Blank).
14        (n) Evidence of intent to forgo his or her parental
15    rights, whether or not the child is a ward of the court,
16    (1) as manifested by his or her failure for a period of 12
17    months: (i) to visit the child, (ii) to communicate with
18    the child or agency, although able to do so and not
19    prevented from doing so by an agency or by court order, or
20    (iii) to maintain contact with or plan for the future of
21    the child, although physically able to do so, or (2) as
22    manifested by the father's failure, where he and the
23    mother of the child were unmarried to each other at the
24    time of the child's birth, (i) to commence legal
25    proceedings to establish his paternity under the Illinois
26    Parentage Act of 1984, the Illinois Parentage Act of 2015,

 

 

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1    or the law of the jurisdiction of the child's birth within
2    30 days of being informed, pursuant to Section 12a of this
3    Act, that he is the father or the likely father of the
4    child or, after being so informed where the child is not
5    yet born, within 30 days of the child's birth, or (ii) to
6    make a good faith effort to pay a reasonable amount of the
7    expenses related to the birth of the child and to provide a
8    reasonable amount for the financial support of the child,
9    the court to consider in its determination all relevant
10    circumstances, including the financial condition of both
11    parents; provided that the ground for termination provided
12    in this subparagraph (n)(2)(ii) shall only be available
13    where the petition is brought by the mother or the husband
14    of the mother.
15        Contact or communication by a parent with his or her
16    child that does not demonstrate affection and concern does
17    not constitute reasonable contact and planning under
18    subdivision (n). In the absence of evidence to the
19    contrary, the ability to visit, communicate, maintain
20    contact, pay expenses and plan for the future shall be
21    presumed. The subjective intent of the parent, whether
22    expressed or otherwise, unsupported by evidence of the
23    foregoing parental acts manifesting that intent, shall not
24    preclude a determination that the parent has intended to
25    forgo his or her parental rights. In making this
26    determination, the court may consider but shall not

 

 

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1    require a showing of diligent efforts by an authorized
2    agency to encourage the parent to perform the acts
3    specified in subdivision (n).
4        It shall be an affirmative defense to any allegation
5    under paragraph (2) of this subsection that the father's
6    failure was due to circumstances beyond his control or to
7    impediments created by the mother or any other person
8    having legal custody. Proof of that fact need only be by a
9    preponderance of the evidence.
10        (o) Repeated or continuous failure by the parents,
11    although physically and financially able, to provide the
12    child with adequate food, clothing, or shelter.
13        (p) Inability to discharge parental responsibilities
14    supported by competent evidence from a psychiatrist,
15    licensed clinical social worker, or clinical psychologist
16    of mental impairment, mental illness or an intellectual
17    disability as defined in Section 1-116 of the Mental
18    Health and Developmental Disabilities Code, or
19    developmental disability as defined in Section 1-106 of
20    that Code, and there is sufficient justification to
21    believe that the inability to discharge parental
22    responsibilities shall extend beyond a reasonable time
23    period. However, this subdivision (p) shall not be
24    construed so as to permit a licensed clinical social
25    worker to conduct any medical diagnosis to determine
26    mental illness or mental impairment.

 

 

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1        (q) (Blank).
2        (r) The child is in the temporary custody or
3    guardianship of the Department of Children and Family
4    Services, the parent is incarcerated as a result of
5    criminal conviction at the time the petition or motion for
6    termination of parental rights is filed, prior to
7    incarceration the parent had little or no contact with the
8    child or provided little or no support for the child, and
9    the parent's incarceration will prevent the parent from
10    discharging his or her parental responsibilities for the
11    child for a period in excess of 2 years after the filing of
12    the petition or motion for termination of parental rights.
13        (s) The child is in the temporary custody or
14    guardianship of the Department of Children and Family
15    Services, the parent is incarcerated at the time the
16    petition or motion for termination of parental rights is
17    filed, the parent has been repeatedly incarcerated as a
18    result of criminal convictions, and the parent's repeated
19    incarceration has prevented the parent from discharging
20    his or her parental responsibilities for the child.
21        (t) (Blank). A finding that at birth the child's
22    blood, urine, or meconium contained any amount of a
23    controlled substance as defined in subsection (f) of
24    Section 102 of the Illinois Controlled Substances Act, or
25    a metabolite of a controlled substance, with the exception
26    of controlled substances or metabolites of such

 

 

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1    substances, the presence of which in the newborn infant
2    was the result of medical treatment administered to the
3    mother or the newborn infant, and that the biological
4    mother of this child is the biological mother of at least
5    one other child who was adjudicated a neglected minor
6    under subsection (c) of Section 2-3 of the Juvenile Court
7    Act of 1987, after which the biological mother had the
8    opportunity to enroll in and participate in a clinically
9    appropriate substance abuse counseling, treatment, and
10    rehabilitation program.
11    E. "Parent" means a person who is the legal mother or legal
12father of the child as defined in subsection X or Y of this
13Section. For the purpose of this Act, a parent who has executed
14a consent to adoption, a surrender, or a waiver pursuant to
15Section 10 of this Act, who has signed a Denial of Paternity
16pursuant to Section 12 of the Vital Records Act or Section 12a
17of this Act, or whose parental rights have been terminated by a
18court, is not a parent of the child who was the subject of the
19consent, surrender, waiver, or denial unless (1) the consent
20is void pursuant to subsection O of Section 10 of this Act; or
21(2) the person executed a consent to adoption by a specified
22person or persons pursuant to subsection A-1 of Section 10 of
23this Act and a court of competent jurisdiction finds that the
24consent is void; or (3) the order terminating the parental
25rights of the person is vacated by a court of competent
26jurisdiction.

 

 

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1    F. A person is available for adoption when the person is:
2        (a) a child who has been surrendered for adoption to
3    an agency and to whose adoption the agency has thereafter
4    consented;
5        (b) a child to whose adoption a person authorized by
6    law, other than his parents, has consented, or to whose
7    adoption no consent is required pursuant to Section 8 of
8    this Act;
9        (c) a child who is in the custody of persons who intend
10    to adopt him through placement made by his parents;
11        (c-1) a child for whom a parent has signed a specific
12    consent pursuant to subsection O of Section 10;
13        (d) an adult who meets the conditions set forth in
14    Section 3 of this Act; or
15        (e) a child who has been relinquished as defined in
16    Section 10 of the Abandoned Newborn Infant Protection Act.
17    A person who would otherwise be available for adoption
18shall not be deemed unavailable for adoption solely by reason
19of his or her death.
20    G. The singular includes the plural and the plural
21includes the singular and the "male" includes the "female", as
22the context of this Act may require.
23    H. (Blank).
24    I. "Habitual residence" has the meaning ascribed to it in
25the federal Intercountry Adoption Act of 2000 and regulations
26promulgated thereunder.

 

 

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1    J. "Immediate relatives" means the biological parents, the
2parents of the biological parents and siblings of the
3biological parents.
4    K. "Intercountry adoption" is a process by which a child
5from a country other than the United States is adopted by
6persons who are habitual residents of the United States, or
7the child is a habitual resident of the United States who is
8adopted by persons who are habitual residents of a country
9other than the United States.
10    L. (Blank).
11    M. "Interstate Compact on the Placement of Children" is a
12law enacted by all states and certain territories for the
13purpose of establishing uniform procedures for handling the
14interstate placement of children in foster homes, adoptive
15homes, or other child care facilities.
16    N. (Blank).
17    O. "Preadoption requirements" means any conditions or
18standards established by the laws or administrative rules of
19this State that must be met by a prospective adoptive parent
20prior to the placement of a child in an adoptive home.
21    P. "Abused child" means a child whose parent or immediate
22family member, or any person responsible for the child's
23welfare, or any individual residing in the same home as the
24child, or a paramour of the child's parent:
25        (a) inflicts, causes to be inflicted, or allows to be
26    inflicted upon the child physical injury, by other than

 

 

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1    accidental means, that causes death, disfigurement,
2    impairment of physical or emotional health, or loss or
3    impairment of any bodily function;
4        (b) creates a substantial risk of physical injury to
5    the child by other than accidental means which would be
6    likely to cause death, disfigurement, impairment of
7    physical or emotional health, or loss or impairment of any
8    bodily function;
9        (c) commits or allows to be committed any sex offense
10    against the child, as sex offenses are defined in the
11    Criminal Code of 2012 and extending those definitions of
12    sex offenses to include children under 18 years of age;
13        (d) commits or allows to be committed an act or acts of
14    torture upon the child; or
15        (e) inflicts excessive corporal punishment.
16    Q. "Neglected child" means any child whose parent or other
17person responsible for the child's welfare withholds or denies
18nourishment or medically indicated treatment including food or
19care denied solely on the basis of the present or anticipated
20mental or physical impairment as determined by a physician
21acting alone or in consultation with other physicians or
22otherwise does not provide the proper or necessary support,
23education as required by law, or medical or other remedial
24care recognized under State law as necessary for a child's
25well-being, or other care necessary for his or her well-being,
26including adequate food, clothing and shelter; or who is

 

 

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1abandoned by his or her parents or other person responsible
2for the child's welfare.
3    A child shall not be considered neglected or abused for
4the sole reason that the child's parent or other person
5responsible for his or her welfare depends upon spiritual
6means through prayer alone for the treatment or cure of
7disease or remedial care as provided under Section 4 of the
8Abused and Neglected Child Reporting Act. A child shall not be
9considered neglected or abused for the sole reason that the
10child's parent or other person responsible for the child's
11welfare failed to vaccinate, delayed vaccination, or refused
12vaccination for the child due to a waiver on religious or
13medical grounds as permitted by law.
14    R. "Putative father" means a man who may be a child's
15father, but who (1) is not married to the child's mother on or
16before the date that the child was or is to be born and (2) has
17not established paternity of the child in a court proceeding
18before the filing of a petition for the adoption of the child.
19The term includes a male who is less than 18 years of age.
20"Putative father" does not mean a man who is the child's father
21as a result of criminal sexual abuse or assault as defined
22under Article 11 of the Criminal Code of 2012.
23    S. "Standby adoption" means an adoption in which a parent
24consents to custody and termination of parental rights to
25become effective upon the occurrence of a future event, which
26is either the death of the parent or the request of the parent

 

 

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1for the entry of a final judgment of adoption.
2    T. (Blank).
3    T-5. "Biological parent", "birth parent", or "natural
4parent" of a child are interchangeable terms that mean a
5person who is biologically or genetically related to that
6child as a parent.
7    U. "Interstate adoption" means the placement of a minor
8child with a prospective adoptive parent for the purpose of
9pursuing an adoption for that child that is subject to the
10provisions of the Interstate Compact on the Placement of
11Children.
12    V. (Blank).
13    W. (Blank).
14    X. "Legal father" of a child means a man who is recognized
15as or presumed to be that child's father:
16        (1) because of his marriage to or civil union with the
17    child's parent at the time of the child's birth or within
18    300 days prior to that child's birth, unless he signed a
19    denial of paternity pursuant to Section 12 of the Vital
20    Records Act or a waiver pursuant to Section 10 of this Act;
21    or
22        (2) because his paternity of the child has been
23    established pursuant to the Illinois Parentage Act, the
24    Illinois Parentage Act of 1984, or the Gestational
25    Surrogacy Act; or
26        (3) because he is listed as the child's father or

 

 

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1    parent on the child's birth certificate, unless he is
2    otherwise determined by an administrative or judicial
3    proceeding not to be the parent of the child or unless he
4    rescinds his acknowledgment of paternity pursuant to the
5    Illinois Parentage Act of 1984; or
6        (4) because his paternity or adoption of the child has
7    been established by a court of competent jurisdiction.
8    The definition in this subsection X shall not be construed
9to provide greater or lesser rights as to the number of parents
10who can be named on a final judgment order of adoption or
11Illinois birth certificate that otherwise exist under Illinois
12law.
13    Y. "Legal mother" of a child means a woman who is
14recognized as or presumed to be that child's mother:
15        (1) because she gave birth to the child except as
16    provided in the Gestational Surrogacy Act; or
17        (2) because her maternity of the child has been
18    established pursuant to the Illinois Parentage Act of 1984
19    or the Gestational Surrogacy Act; or
20        (3) because her maternity or adoption of the child has
21    been established by a court of competent jurisdiction; or
22        (4) because of her marriage to or civil union with the
23    child's other parent at the time of the child's birth or
24    within 300 days prior to the time of birth; or
25        (5) because she is listed as the child's mother or
26    parent on the child's birth certificate unless she is

 

 

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1    otherwise determined by an administrative or judicial
2    proceeding not to be the parent of the child.
3    The definition in this subsection Y shall not be construed
4to provide greater or lesser rights as to the number of parents
5who can be named on a final judgment order of adoption or
6Illinois birth certificate that otherwise exist under Illinois
7law.
8    Z. "Department" means the Illinois Department of Children
9and Family Services.
10    AA. "Placement disruption" means a circumstance where the
11child is removed from an adoptive placement before the
12adoption is finalized.
13    BB. "Secondary placement" means a placement, including but
14not limited to the placement of a youth in care as defined in
15Section 4d of the Children and Family Services Act, that
16occurs after a placement disruption or an adoption
17dissolution. "Secondary placement" does not mean secondary
18placements arising due to the death of the adoptive parent of
19the child.
20    CC. "Adoption dissolution" means a circumstance where the
21child is removed from an adoptive placement after the adoption
22is finalized.
23    DD. "Unregulated placement" means the secondary placement
24of a child that occurs without the oversight of the courts, the
25Department, or a licensed child welfare agency.
26    EE. "Post-placement and post-adoption support services"

 

 

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1means support services for placed or adopted children and
2families that include, but are not limited to, mental health
3treatment, including counseling and other support services for
4emotional, behavioral, or developmental needs, and treatment
5for substance abuse.
6    FF. "Youth in care" has the meaning provided in Section 4d
7of the Children and Family Services Act.
8(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
9102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.

 

 

HB5823- 77 -LRB102 29295 KTG 41264 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 301/35-15 new
4    20 ILCS 2310/2310-438 new
5    110 ILCS 932/10
6    210 ILCS 85/11.4
7    210 ILCS 85/11.9 new
8    210 ILCS 170/5
9    225 ILCS 64/85
10    325 ILCS 5/3from Ch. 23, par. 2053
11    325 ILCS 5/3.5 new
12    325 ILCS 5/5from Ch. 23, par. 2055
13    325 ILCS 5/7.3from Ch. 23, par. 2057.3
14    325 ILCS 5/4.4 rep.
15    410 ILCS 50/3.4
16    410 ILCS 50/3.5 new
17    410 ILCS 525/3from Ch. 111 1/2, par. 6703
18    410 ILCS 535/20from Ch. 111 1/2, par. 73-20
19    410 ILCS 535/20.5
20    705 ILCS 405/2-3from Ch. 37, par. 802-3
21    705 ILCS 405/2-18from Ch. 37, par. 802-18
22    750 ILCS 50/1from Ch. 40, par. 1501