Rep. Mary E. Flowers

Filed: 2/23/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3

2    AMENDMENT NO. ______. Amend House Bill 3 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the
5Reproductive Liberty and Justice Act.
 
6    Section 5. The Substance Use Disorder Act is amended by
7adding Section 35-15 as follows:
 
8    (20 ILCS 301/35-15 new)
9    Sec. 35-15. Plans of Safe Care. The Division of Substance
10Use Prevention and Recovery, in consultation with the Illinois
11Perinatal Quality Collaborative or its successor organization,
12shall develop a standardized Plan of Safe Care form to support
13discharge planning for mothers and infants affected by
14prenatal substance exposure. Plans of Safe Care shall not be
15recorded in the State Central Registry described in Section 7

 

 

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1of the Abused and Neglected Child Reporting Act and shall not
2be discoverable or admissible as evidence in any proceeding
3pursuant to the Juvenile Court Act of 1987 or the Adoption Act
4unless the named party waives his or her right to
5confidentiality in writing.
6    As used in this Section, "Plan of Safe Care" means a
7written or electronic document designed to ensure the safety
8and well-being of a newborn who has been identified by his or
9her health care provider as being affected by prenatal
10substance exposure or withdrawal symptoms, or a fetal alcohol
11spectrum disorder (FASD), and his or her gestational parent.
 
12    Section 10. The Hospital Licensing Act is amended by
13changing Section 11.4 and by adding Section 11.9 as follows:
 
14    (210 ILCS 85/11.4)
15    Sec. 11.4. Disposition of fetus. A hospital having custody
16of a fetus following a spontaneous fetal demise occurring
17during or after a gestation period of less than 20 completed
18weeks must notify the mother of her right to arrange for the
19burial or cremation of the fetus. Notification may also
20include other options such as, but not limited to, a ceremony,
21a certificate, or common burial or cremation of fetal tissue.
22If, within 24 hours after being notified under this Section,
23the mother elects in writing to arrange for the burial or
24cremation of the fetus, the disposition of the fetus shall be

 

 

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1subject to the same laws and rules that apply in the case of a
2fetal death that occurs in this State after a gestation period
3of 20 completed weeks or more. The Department of Public Health
4shall develop forms to be used for notifications and elections
5under this Section and hospitals shall provide the forms to
6the mother.
7(Source: P.A. 96-338, eff. 1-1-10.)
 
8    (210 ILCS 85/11.9 new)
9    Sec. 11.9. Certificate of birth resulting in stillbirth;
10notification. This Section may be referred to as Liam's Law.
11    A hospital having custody of a fetus following a
12spontaneous fetal death occurring during or after a gestation
13period of at least 20 completed weeks must notify the
14gestational parent of the parent's right to receive a
15certificate of birth resulting in stillbirth as described in
16Section 20.5 of the Vital Records Act. The Department of
17Public Health shall develop a form to be used for notification
18under this Section and hospitals shall provide the form to the
19gestational parent. This form shall be known as a "Liam's Law
20notice." The Department of Public Health shall consult with
21the 2 Illinois-based Fetal Infant Mortality Review Project
22Community Action Teams, or their successor organizations, to
23ensure that any language included in the standardized "Liam's
24Law notice" is culturally sensitive to the needs of bereaved
25families. The "Liam's Law notice" shall be available in both

 

 

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

 

 

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

 

 

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

 

 

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1    female genital mutilation, as defined in Section 12-34 of
2    the Criminal Code of 2012, against the child;
3        (g) causes to be sold, transferred, distributed, or
4    given to such child under 18 years of age, a controlled
5    substance as defined in Section 102 of the Illinois
6    Controlled Substances Act in violation of Article IV of
7    the Illinois Controlled Substances Act or in violation of
8    the Methamphetamine Control and Community Protection Act,
9    except for controlled substances that are prescribed in
10    accordance with Article III of the Illinois Controlled
11    Substances Act and are dispensed to such child in a manner
12    that substantially complies with the prescription;
13        (h) commits or allows to be committed the offense of
14    involuntary servitude, involuntary sexual servitude of a
15    minor, or trafficking in persons as defined in Section
16    10-9 of the Criminal Code of 2012 against the child; or
17        (i) commits the offense of grooming, as defined in
18    Section 11-25 of the Criminal Code of 2012, against the
19    child.
20    A child shall not be considered abused for the sole reason
21that the child has been relinquished in accordance with the
22Abandoned Newborn Infant Protection Act.
23    "Neglected child" means any child who is not receiving the
24proper or necessary nourishment or medically indicated
25treatment including food or care not provided solely on the
26basis of the present or anticipated mental or physical

 

 

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1impairment as determined by a physician acting alone or in
2consultation with other physicians or otherwise is not
3receiving the proper or necessary support or medical or other
4remedial care recognized under State law as necessary for a
5child's well-being, or other care necessary for his or her
6well-being, including adequate food, clothing and shelter; or
7who is subjected to an environment which is injurious insofar
8as (i) the child's environment creates a likelihood of harm to
9the child's health, physical well-being, or welfare and (ii)
10the likely harm to the child is the result of a blatant
11disregard of parent, caretaker, person responsible for the
12child's welfare, or agency responsibilities; or who is
13abandoned by his or her parents or other person responsible
14for the child's welfare without a proper plan of care; or who
15has been provided with interim crisis intervention services
16under Section 3-5 of the Juvenile Court Act of 1987 and whose
17parent, guardian, or custodian refuses to permit the child to
18return home and no other living arrangement agreeable to the
19parent, guardian, or custodian can be made, and the parent,
20guardian, or custodian has not made any other appropriate
21living arrangement for the child; or who is a newborn infant
22whose blood, urine, or meconium contains any amount of a
23controlled substance as defined in subsection (f) of Section
24102 of the Illinois Controlled Substances Act or a metabolite
25thereof, with the exception of a controlled substance or
26metabolite thereof whose presence in the newborn infant is the

 

 

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

 

 

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

 

 

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

 

 

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1to which he or she belongs.
2(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
3102-813, eff. 5-13-22.)
 
4    (325 ILCS 5/3.5 new)
5    Sec. 3.5. CAPTA notification. The Department shall develop
6a standardized CAPTA notification form that is separate and
7distinct from the form for written confirmation reports of
8child abuse or neglect as described in Section 7 of this Act. A
9CAPTA notification shall not be treated as a report of
10suspected child abuse or neglect under this Act. CAPTA
11notifications shall not be recorded in the State Central
12Registry and shall not be discoverable or admissible as
13evidence in any proceeding pursuant to the Juvenile Court Act
14of 1987 or the Adoption Act.
 
15    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
16    Sec. 5. An officer of a local law enforcement agency,
17designated employee of the Department, or a physician treating
18a child may take or retain temporary protective custody of the
19child without the consent of the person responsible for the
20child's welfare, if (1) he has reason to believe that there
21exists a substantial and imminent risk of death, serious
22illness, or severe personal injury to the child if he or she is
23not immediately removed from his or her the child cannot be
24cared for at home or from in the custody of the person

 

 

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1responsible for the child's welfare without endangering the
2child's health or safety; and (2) there is not time to apply
3for a court order under the Juvenile Court Act of 1987 for
4temporary custody of the child. The person taking or retaining
5a child in temporary protective custody shall immediately make
6every reasonable effort to notify the person responsible for
7the child's welfare and shall immediately notify the
8Department. The Department shall provide to the temporary
9caretaker of a child any information in the Department's
10possession concerning the positive results of a test performed
11on the child to determine the presence of the antibody or
12antigen to Human Immunodeficiency Virus (HIV), or of HIV
13infection, as well as any communicable diseases or
14communicable infections that the child has. The temporary
15caretaker of a child shall not disclose to another person any
16information received by the temporary caretaker from the
17Department concerning the results of a test performed on the
18child to determine the presence of the antibody or antigen to
19HIV, or of HIV infection, except pursuant to Section 9 of the
20AIDS Confidentiality Act, as now or hereafter amended. The
21Department shall promptly initiate proceedings under the
22Juvenile Court Act of 1987 for the continued temporary custody
23of the child.
24    Where the physician keeping a child in his custody does so
25in his capacity as a member of the staff of a hospital or
26similar institution, he shall notify the person in charge of

 

 

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

 

 

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1concerning such test pursuant to the AIDS Confidentiality Act
2if deemed necessary and appropriate by the Department's
3Guardianship Administrator or designee and for purposes of
4consenting to the release of information pursuant to the
5Illinois Sexually Transmissible Disease Control Act if deemed
6necessary and appropriate by the Department's Guardianship
7Administrator or designee.
8    Any person who administers an HIV test upon the consent of
9the Department of Children and Family Services Guardianship
10Administrator or his designee, or who discloses the results of
11such tests to the Department's Guardianship Administrator or
12his designee, shall have immunity from any liability, civil,
13criminal or otherwise, that might result by reason of such
14actions. For the purpose of any proceedings, civil or
15criminal, the good faith of any persons required to administer
16or disclose the results of tests, or permitted to take such
17actions, shall be presumed.
18(Source: P.A. 90-28, eff. 1-1-98.)
 
19    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
20    Sec. 7.3. (a) The Department shall be the sole agency
21responsible for receiving and investigating reports of child
22abuse or neglect made under this Act, including reports of
23adult resident abuse or neglect as defined in this Act, except
24where investigations by other agencies may be required with
25respect to reports alleging the abuse or neglect of a child by

 

 

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1a person who is not the child's parent, a member of the child's
2immediate family, a person responsible for the child's
3welfare, an individual residing in the same home as the child,
4or a paramour of the child's parent, the death of a child,
5serious injury to a child or sexual abuse to a child made
6pursuant to Sections 4.1 or 7 of this Act, and except that the
7Department may delegate the performance of the investigation
8to the Illinois State Police, a law enforcement agency and to
9those private social service agencies which have been
10designated for this purpose by the Department prior to July 1,
111980.
12    (b) Notwithstanding any other provision of this Act, the
13Department shall adopt rules expressly allowing law
14enforcement personnel to investigate reports of suspected
15child abuse or neglect concurrently with the Department,
16without regard to whether the Department determines a report
17to be "indicated" or "unfounded" or deems a report to be
18"undetermined".
19    (b-1) It is unlawful for any person described in
20paragraphs (1), (2), (3), and (10) of subsection (a) of
21Section 4 to disclose to the Department or to any law
22enforcement agency the results of:
23        (1) any verbal screening questions concerning drug or
24    alcohol use of a pregnant or postpartum person;
25        (2) any toxicology test administered to a person who
26    is pregnant or has given birth within the 12 weeks prior to

 

 

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1    the administration of the toxicology test; or
2        (3) any toxicology test administered to a newborn.
3    A mandated reporter described in this subsection shall not
4disclose a patient or client's confidential information
5described under paragraphs (1), (2), or (3) to a law
6enforcement agency or to the Department unless a law
7enforcement agency has successfully obtained and furnished a
8search warrant issued under Section 108-3 of the Code of
9Criminal Procedure of 1963.
10    Any person who knowingly and willfully violates any
11provision of this Section is guilty of a Class A misdemeanor
12for a first violation and a Class 4 felony for a second or
13subsequent violation.
14    (c) By June 1, 2016, the Department shall adopt rules that
15address and set forth criteria and standards relevant to
16investigations of reports of abuse or neglect committed by any
17agency, as defined in Section 3 of this Act, or person working
18for an agency responsible for the welfare of a child or adult
19resident.
20(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
21    (325 ILCS 5/4.4 rep.)
22    Section 20. The Abused and Neglected Child Reporting Act
23is amended by repealing Section 4.4.
 
24    Section 25. The Medical Patient Rights Act is amended by

 

 

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1changing Section 3.4 and by adding Section 3.5 as follows:
 
2    (410 ILCS 50/3.4)
3    Sec. 3.4. Rights of patients women; pregnancy and
4childbirth.
5    (a) In addition to any other right provided under this
6Act, every patient woman has the following rights with regard
7to pregnancy and childbirth:
8        (1) The right to receive health care before, during,
9    and after pregnancy and childbirth.
10        (2) The right to receive care for the patient and the
11    patient's newborn her and her infant that is consistent
12    with all clinical consensus documents, committee
13    statements, committee opinions, and obstetric care
14    consensus documents published or reaffirmed by the
15    American College of Obstetricians and Gynecologists on or
16    after January 1, 2019 generally accepted medical
17    standards.
18        (3) The right to choose a maternity care provider from
19    the full range of providers available in the patient's
20    community certified nurse midwife or physician as her
21    maternity care professional.
22        (4) The right to choose the patient's her birth
23    setting from the full range of birthing options available
24    in the patient's her community.
25        (5) The right to leave the patient's her maternity

 

 

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

 

 

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1    within generally accepted medical standards.
2        (15) The right to contact with the patient's her
3    newborn, except where necessary care must be provided to
4    the patient mother or the patient's infant.
5        (16) The right to receive information about
6    breastfeeding.
7        (17) The right to decide collaboratively with
8    caregivers when the patient and the patient's newborn she
9    and her baby will leave the birth site for home, based on
10    their conditions and circumstances.
11        (18) The right to be treated with respect at all times
12    before, during, and after pregnancy by her health care
13    professionals involved in the patient's care or in the
14    care of the patient's newborn.
15        (19) The right of each patient, regardless of source
16    of payment, to examine and receive a reasonable
17    explanation of her total bill for services rendered by her
18    maternity care professional or health care provider,
19    including itemized charges for specific services received.
20    Each maternity care professional or health care provider
21    shall be responsible only for a reasonable explanation of
22    those specific services provided by the maternity care
23    professional or health care provider.
24    (b) The Department of Public Health, Department of
25Healthcare and Family Services, Department of Children and
26Family Services, and Department of Human Services shall post,

 

 

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1either by physical or electronic means, information about
2these rights on their publicly available websites. Every
3health care provider, day care center licensed under the Child
4Care Act of 1969, Head Start, and community center shall post
5information about these rights in a prominent place and on
6their websites, if applicable.
7    (c) The Department of Public Health shall adopt rules to
8implement this Section.
9    (d) Nothing in this Section or any rules adopted under
10subsection (c) shall be construed to require a physician,
11health care professional, hospital, hospital affiliate, or
12health care provider to provide care inconsistent with
13generally accepted medical standards or available capabilities
14or resources.
15(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 
16    (410 ILCS 50/3.5 new)
17    Sec. 3.5. Disclosure of medical information.
18Notwithstanding any other provision of law, and except as
19otherwise provided in this subsection, a patient has the right
20for a physician, health care provider, health services
21corporation, or insurance company to administer any of the
22following medical tests without disclosing the results of the
23test or tests to a State or local law enforcement agency or to
24the Department of Children and Family Services:
25        (1) Any verbal screening or questioning concerning the

 

 

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1    drug or alcohol use of a pregnant or postpartum person.
2        (2) Any toxicology test administered to a person who
3    is pregnant or has given birth within the previous 12
4    weeks.
5        (3) Any toxicology test administered to a newborn.
6    A physician, health care provider, health services
7corporation, or insurance company who administers a medical
8test described under paragraph (1), (2), or (3) may disclose
9the results of the test to a law enforcement agency or to the
10Department of Children and Family Services if a law
11enforcement agency has successfully obtained and furnished a
12search warrant issued under Section 108-3 of the Code of
13Criminal Procedure of 1963.
 
14    Section 30. The Illinois Health and Hazardous Substances
15Registry Act is amended by changing Section 3 as follows:
 
16    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
17    Sec. 3. For the purposes of this Act, unless the context
18requires otherwise:
19    (a) "Department" means the Illinois Department of Public
20Health.
21    (b) "Director" means the Director of the Illinois
22Department of Public Health.
23    (c) "Council" means the Health and Hazardous Substances
24Coordinating Council created by this Act.

 

 

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1    (d) "Registry" means the Illinois Health and Hazardous
2Substances Registry established by the Department of Public
3Health under Section 6 of this Act.
4    (e) "Cancer" means all malignant neoplasms, regardless of
5the tissue of origin, including malignant lymphoma and
6leukemia.
7    (f) "Cancer incidence" means a medical diagnosis of
8cancer, consisting of a record of cases of cancer and
9specified cases of tumorous or precancerous diseases which
10occur in Illinois, and such other information concerning these
11cases as the Department deems necessary or appropriate in
12order to conduct thorough and complete epidemiological surveys
13of cancer and cancer-related diseases in Illinois.
14    (g) "Occupational disease" includes but is not limited to
15all occupational diseases covered by the Workers' Occupational
16Diseases Act.
17    (h) "Hazardous substances" means a hazardous substance as
18defined in the Environmental Protection Act.
19    (i) "Hazardous substances incident" includes but is not
20limited to a spill, fire, or accident involving hazardous
21substances, illegal disposal, transportation, or use of
22hazardous substances, and complaints or permit violations
23involving hazardous substances.
24    (j) "Company profile" includes but is not limited to the
25name of any company operating in the State of Illinois which
26generates, uses, disposes of or transports hazardous

 

 

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1substances, identification of the types of permits issued in
2such company's name relating to transactions involving
3hazardous substances, inventory of hazardous substances
4handled by such company, and the manner in which such
5hazardous substances are used, disposed of, or transported by
6the company.
7    (k)  "Hazardous nuclear material" means (1) any source or
8special nuclear material intended for use or used as an energy
9source in a production or utilization facility as defined in
10Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
11as amended; (2) any fuel which has been discharged from such a
12facility following irradiation, the constituent elements of
13which have not been separated by reprocessing; or (3) any
14by-product material resulting from operation of such a
15facility.
16    (l) "Adverse pregnancy outcome" includes, but is not
17limited to, birth defects, spontaneous fetal death after 20
18weeks of completed gestation fetal loss, infant mortality, low
19birth weight, neonatal abstinence syndrome, newborn affected
20by prenatal substance exposure, fetal alcohol spectrum
21disorders, selected life-threatening conditions, and other
22developmental disabilities as defined by the Department.
23    "Neonatal abstinence syndrome" refers to the collection of
24signs and symptoms that occur when a newborn prenatally
25exposed to prescribed, diverted, or illicit opiates
26experiences opioid withdrawal. This syndrome is primarily

 

 

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1characterized by irritability, tremors, feeding problems,
2vomiting, diarrhea, sweating, and in some cases, seizures.
3    "Newborn affected by prenatal substance exposure" means an
4infant born and identified as being affected by substance
5abuse or withdrawal symptoms resulting from prenatal exposure
6to controlled substances or a fetal alcohol spectrum disorder.
7The health care provider involved in the delivery or care of
8the newborn determines whether the infant is affected by
9prenatal substance exposure or withdrawal symptoms.
10    (m) "News medium" means any newspaper or other periodical
11issued at regular intervals, whether in print or electronic
12format, and having a general circulation; a news service,
13whether in print or electronic format; a radio station, a
14television station; a television network; a community antenna
15television service; and any person or corporation engaged in
16the making of news reels or other motion picture news for
17public showing.
18    (n) "Researcher" means an individual who is affiliated
19with or supported by universities, academic centers, research
20institutions, hospitals, and governmental entities who conduct
21scientific research or investigation on human diseases.
22(Source: P.A. 95-941, eff. 8-29-08.)
 
23    Section 35. The Vital Records Act is amended by changing
24Sections 20 and 20.5 as follows:
 

 

 

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1    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
2    Sec. 20. Fetal death; place of registration.
3    (1) Each fetal death which occurs in this State after a
4gestation period of 20 completed weeks (or and when the mother
5elects in writing to arrange for the burial or cremation of the
6fetus under Section 11.4 of the Hospital Licensing Act) or
7more shall be registered with the local or subregistrar of the
8district in which the delivery occurred within 7 days after
9the delivery and before removal of the fetus from the State,
10except as provided by regulation in special problem cases.
11        (a) For the purposes of this Section, if the place of
12    fetal death is unknown, a fetal death certificate shall be
13    filed in the registration district in which a dead fetus
14    is found, which shall be considered the place of fetal
15    death.
16        (b) When a fetal death occurs on a moving conveyance,
17    the city, village, township, or road district in which the
18    fetus is first removed from the conveyance shall be
19    considered the place of delivery and a fetal death
20    certificate shall be filed in the registration district in
21    which the place is located.
22        (c) The funeral director or person acting as such who
23    first assumes custody of a fetus shall file the
24    certificate. The personal data shall be obtained from the
25    best qualified person or source available. The name,
26    relationship, and address of the informant shall be

 

 

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1    entered on the certificate. The date, place, and method of
2    final disposition of the fetus shall be recorded over the
3    personal signature and address of the funeral director
4    responsible for the disposition. The certificate shall be
5    presented to the person responsible for completing the
6    medical certification of the cause of death.
7    (2) The medical certification shall be completed and
8signed within 24 hours after delivery by the certifying health
9care professional in attendance at or after delivery, except
10when investigation is required under Division 3-3 of Article 3
11of the Counties Code and except as provided by regulation in
12special problem cases.
13    (3) When a fetal death occurs without medical attendance
14upon the mother at or after the delivery, or when
15investigation is required under Division 3-3 of Article 3 of
16the Counties Code, the coroner shall be responsible for the
17completion of the fetal death certificate and shall sign the
18medical certification within 24 hours after the delivery or
19the finding of the fetus, except as provided by regulation in
20special problem cases.
21(Source: P.A. 102-257, eff. 1-1-22.)
 
22    (410 ILCS 535/20.5)
23    Sec. 20.5. Certificate of birth resulting in stillbirth.
24    (a) The State Registrar shall prescribe and distribute a
25form for a certificate of birth resulting in stillbirth. The

 

 

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1certificate shall be in the same format as a certificate of
2live birth prepared under Section 12 and shall be filed in the
3same manner as a certificate of live birth.
4    (b) After each fetal death that occurs in this State after
5a gestation period of at least 20 26 completed weeks, or, in
6cases where gestational age is uncertain, where the fetus
7weighs at least 350 grams, the person who files a fetal death
8certificate in connection with that death as required under
9Section 20 shall, only upon request by the parent woman who
10delivered the stillborn fetus, also prepare a certificate of
11birth resulting in stillbirth. The person shall prepare the
12certificate on the form prescribed and furnished by the State
13Registrar and in accordance with the rules adopted by the
14State Registrar.
15    (b-5) A person who files a fetal death certificate as
16described under subsection (b) shall notify the gestational
17parent of the stillborn of that parent's right to request and
18receive a certificate of birth resulting in stillbirth under
19subsection (b). The Department shall develop forms for
20notification under this subsection. This form shall be titled
21and known as a "Liam's Law notice."
22    (c) If the stillborn's parent or parents do not wish to
23provide a name for the stillborn, the person who prepares the
24certificate of birth resulting in stillbirth shall leave blank
25any references to the stillborn's name.
26    (d) When a stillbirth occurs in this State and the

 

 

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1stillbirth has not been registered within one year after the
2delivery, a certificate marked "delayed" may be filed and
3registered in accordance with regulations adopted by the State
4Registrar. The certificate must show on its face the date of
5registration.
6    (e) In the case of a fetal death that occurred in this
7State after a gestation period of at least 20 26 completed
8weeks and before the effective date of this amendatory Act of
9the 103rd General Assembly this amendatory Act of the 93rd
10General Assembly, a parent of the stillborn child may request
11that the person who filed a fetal death certificate in
12connection with that death as required under Section 20 shall
13also prepare a certificate of birth resulting in stillbirth
14with respect to the fetus. If a parent of a stillborn makes
15such a request under this subsection (e), the person who filed
16a fetal death certificate shall prepare the certificate of
17birth resulting in stillbirth and file it with the designated
18registrar within 30 days after the request by the parent.
19(Source: P.A. 93-578, eff. 8-21-03.)
 
20    Section 40. The Juvenile Court Act of 1987 is amended by
21changing Sections 2-3 and 2-18 as follows:
 
22    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
23    Sec. 2-3. Neglected or abused minor.
24    (1) Those who are neglected include:

 

 

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1        (a) any minor under 18 years of age or a minor 18 years
2    of age or older for whom the court has made a finding of
3    probable cause to believe that the minor is abused,
4    neglected, or dependent under subsection (1) of Section
5    2-10 prior to the minor's 18th birthday who is not
6    receiving the proper or necessary support, education as
7    required by law, or medical or other remedial care
8    recognized under State law as necessary for a minor's
9    well-being, or other care necessary for his or her
10    well-being, including adequate food, clothing and shelter,
11    or who is abandoned by his or her parent or parents or
12    other person or persons responsible for the minor's
13    welfare, except that a minor shall not be considered
14    neglected for the sole reason that the minor's parent or
15    parents or other person or persons responsible for the
16    minor's welfare have left the minor in the care of an adult
17    relative for any period of time, who the parent or parents
18    or other person responsible for the minor's welfare know
19    is both a mentally capable adult relative and physically
20    capable adult relative, as defined by this Act; or
21        (b) any minor under 18 years of age or a minor 18 years
22    of age or older for whom the court has made a finding of
23    probable cause to believe that the minor is abused,
24    neglected, or dependent under subsection (1) of Section
25    2-10 prior to the minor's 18th birthday whose environment
26    is injurious to his or her welfare; or

 

 

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1        (c) (blank); or any newborn infant whose blood, urine,
2    or meconium contains any amount of a controlled substance
3    as defined in subsection (f) of Section 102 of the
4    Illinois Controlled Substances Act, as now or hereafter
5    amended, or a metabolite of a controlled substance, with
6    the exception of controlled substances or metabolites of
7    such substances, the presence of which in the newborn
8    infant is the result of medical treatment administered to
9    the mother or the newborn infant; or
10        (d) any minor under the age of 14 years whose parent or
11    other person responsible for the minor's welfare leaves
12    the minor without supervision for an unreasonable period
13    of time without regard for the mental or physical health,
14    safety, or welfare of that minor; or
15        (e) any minor who has been provided with interim
16    crisis intervention services under Section 3-5 of this Act
17    and whose parent, guardian, or custodian refuses to permit
18    the minor to return home unless the minor is an immediate
19    physical danger to himself, herself, or others living in
20    the home.
21    Whether the minor was left without regard for the mental
22or physical health, safety, or welfare of that minor or the
23period of time was unreasonable shall be determined by
24considering the following factors, including but not limited
25to:
26        (1) the age of the minor;

 

 

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1        (2) the number of minors left at the location;
2        (3) special needs of the minor, including whether the
3    minor is a person with a physical or mental disability, or
4    otherwise in need of ongoing prescribed medical treatment
5    such as periodic doses of insulin or other medications;
6        (4) the duration of time in which the minor was left
7    without supervision;
8        (5) the condition and location of the place where the
9    minor was left without supervision;
10        (6) the time of day or night when the minor was left
11    without supervision;
12        (7) the weather conditions, including whether the
13    minor was left in a location with adequate protection from
14    the natural elements such as adequate heat or light;
15        (8) the location of the parent or guardian at the time
16    the minor was left without supervision, the physical
17    distance the minor was from the parent or guardian at the
18    time the minor was without supervision;
19        (9) whether the minor's movement was restricted, or
20    the minor was otherwise locked within a room or other
21    structure;
22        (10) whether the minor was given a phone number of a
23    person or location to call in the event of an emergency and
24    whether the minor was capable of making an emergency call;
25        (11) whether there was food and other provision left
26    for the minor;

 

 

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1        (12) whether any of the conduct is attributable to
2    economic hardship or illness and the parent, guardian or
3    other person having physical custody or control of the
4    child made a good faith effort to provide for the health
5    and safety of the minor;
6        (13) the age and physical and mental capabilities of
7    the person or persons who provided supervision for the
8    minor;
9        (14) whether the minor was left under the supervision
10    of another person;
11        (15) any other factor that would endanger the health
12    and safety of that particular minor.
13    A minor shall not be considered neglected for the sole
14reason that the minor has been relinquished in accordance with
15the Abandoned Newborn Infant Protection Act.
16    (2) Those who are abused include any minor under 18 years
17of age or a minor 18 years of age or older for whom the court
18has made a finding of probable cause to believe that the minor
19is abused, neglected, or dependent under subsection (1) of
20Section 2-10 prior to the minor's 18th birthday whose parent
21or immediate family member, or any person responsible for the
22minor's welfare, or any person who is in the same family or
23household as the minor, or any individual residing in the same
24home as the minor, or a paramour of the minor's parent:
25        (i) inflicts, causes to be inflicted, or allows to be
26    inflicted upon such minor physical injury, by other than

 

 

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1    accidental means, which causes death, disfigurement,
2    impairment of physical or emotional health, or loss or
3    impairment of any bodily function;
4        (ii) creates a substantial risk of physical injury to
5    such minor by other than accidental means which would be
6    likely to cause death, disfigurement, impairment of
7    emotional health, or loss or impairment of any bodily
8    function;
9        (iii) commits or allows to be committed any sex
10    offense against such minor, as such sex offenses are
11    defined in the Criminal Code of 1961 or the Criminal Code
12    of 2012, or in the Wrongs to Children Act, and extending
13    those definitions of sex offenses to include minors under
14    18 years of age;
15        (iv) commits or allows to be committed an act or acts
16    of torture upon such minor;
17        (v) inflicts excessive corporal punishment;
18        (vi) commits or allows to be committed the offense of
19    involuntary servitude, involuntary sexual servitude of a
20    minor, or trafficking in persons as defined in Section
21    10-9 of the Criminal Code of 1961 or the Criminal Code of
22    2012, upon such minor; or
23        (vii) allows, encourages or requires a minor to commit
24    any act of prostitution, as defined in the Criminal Code
25    of 1961 or the Criminal Code of 2012, and extending those
26    definitions to include minors under 18 years of age.

 

 

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1    A minor shall not be considered abused for the sole reason
2that the minor has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act.
4    (3) This Section does not apply to a minor who would be
5included herein solely for the purpose of qualifying for
6financial assistance for himself, his parents, guardian or
7custodian.
8    (4) The changes made by this amendatory Act of the 101st
9General Assembly apply to a case that is pending on or after
10the effective date of this amendatory Act of the 101st General
11Assembly.
12(Source: P.A. 101-79, eff. 7-12-19.)
 
13    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
14    Sec. 2-18. Evidence.
15    (1) At the adjudicatory hearing, the court shall first
16consider only the question whether the minor is abused,
17neglected or dependent. The standard of proof and the rules of
18evidence in the nature of civil proceedings in this State are
19applicable to proceedings under this Article. If the petition
20also seeks the appointment of a guardian of the person with
21power to consent to adoption of the minor under Section 2-29,
22the court may also consider legally admissible evidence at the
23adjudicatory hearing that one or more grounds of unfitness
24exists under subdivision D of Section 1 of the Adoption Act.
25    (2) In any hearing under this Act, the following shall

 

 

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1constitute prima facie evidence of abuse or neglect, as the
2case may be:
3        (a) proof that a minor has a medical diagnosis of
4    battered child syndrome is prima facie evidence of abuse;
5        (b) (blank); proof that a minor has a medical
6    diagnosis of failure to thrive syndrome is prima facie
7    evidence of neglect;
8        (c) (blank); proof that a minor has a medical
9    diagnosis of fetal alcohol syndrome is prima facie
10    evidence of neglect;
11        (d) (blank); proof that a minor has a medical
12    diagnosis at birth of withdrawal symptoms from narcotics
13    or barbiturates is prima facie evidence of neglect;
14        (e) proof of injuries sustained by a minor or of the
15    condition of a minor of such a nature as would ordinarily
16    not be sustained or exist except by reason of the acts or
17    omissions of the parent, custodian or guardian of such
18    minor shall be prima facie evidence of abuse or neglect,
19    as the case may be;
20        (f) proof that a parent, custodian or guardian of a
21    minor repeatedly used a drug, to the extent that it has or
22    would ordinarily have the effect of producing in the user
23    a substantial state of stupor, unconsciousness,
24    intoxication, hallucination, disorientation or
25    incompetence, or a substantial impairment of judgment, or
26    a substantial manifestation of irrationality, shall be

 

 

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1    prima facie evidence of neglect;
2        (g) proof that a parent, custodian, or guardian of a
3    minor repeatedly used a controlled substance, as defined
4    in subsection (f) of Section 102 of the Illinois
5    Controlled Substances Act, in the presence of the minor or
6    a sibling of the minor is prima facie evidence of neglect.
7    "Repeated use", for the purpose of this subsection, means
8    more than one use of a controlled substance as defined in
9    subsection (f) of Section 102 of the Illinois Controlled
10    Substances Act;
11        (h) (blank); proof that a newborn infant's blood,
12    urine, or meconium contains any amount of a controlled
13    substance as defined in subsection (f) of Section 102 of
14    the Illinois Controlled Substances Act, or a metabolite of
15    a controlled substance, with the exception of controlled
16    substances or metabolites of those substances, the
17    presence of which is the result of medical treatment
18    administered to the mother or the newborn, is prime facie
19    evidence of neglect;
20        (i) proof that a minor was present in a structure or
21    vehicle in which the minor's parent, custodian, or
22    guardian was involved in the manufacture of
23    methamphetamine constitutes prima facie evidence of abuse
24    and neglect;
25        (j) proof that a parent, custodian, or guardian of a
26    minor allows, encourages, or requires a minor to perform,

 

 

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1    offer, or agree to perform any act of sexual penetration
2    as defined in Section 11-0.1 of the Criminal Code of 2012
3    for any money, property, token, object, or article or
4    anything of value, or any touching or fondling of the sex
5    organs of one person by another person, for any money,
6    property, token, object, or article or anything of value,
7    for the purpose of sexual arousal or gratification,
8    constitutes prima facie evidence of abuse and neglect;
9        (k) proof that a parent, custodian, or guardian of a
10    minor commits or allows to be committed the offense of
11    involuntary servitude, involuntary sexual servitude of a
12    minor, or trafficking in persons as defined in Section
13    10-9 of the Criminal Code of 1961 or the Criminal Code of
14    2012, upon such minor, constitutes prima facie evidence of
15    abuse and neglect.
16    (3) In any hearing under this Act, proof of the abuse,
17neglect or dependency of one minor shall be admissible
18evidence on the issue of the abuse, neglect or dependency of
19any other minor for whom the respondent is responsible.
20    (4) (a) Any writing, record, photograph or x-ray of any
21hospital or public or private agency, whether in the form of an
22entry in a book or otherwise, made as a memorandum or record of
23any condition, act, transaction, occurrence or event relating
24to a minor in an abuse, neglect or dependency proceeding,
25shall be admissible in evidence as proof of that condition,
26act, transaction, occurrence or event, if the court finds that

 

 

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1the document was made in the regular course of the business of
2the hospital or agency and that it was in the regular course of
3such business to make it, at the time of the act, transaction,
4occurrence or event, or within a reasonable time thereafter. A
5certification by the head or responsible employee of the
6hospital or agency that the writing, record, photograph or
7x-ray is the full and complete record of the condition, act,
8transaction, occurrence or event and that it satisfies the
9conditions of this paragraph shall be prima facie evidence of
10the facts contained in such certification. A certification by
11someone other than the head of the hospital or agency shall be
12accompanied by a photocopy of a delegation of authority signed
13by both the head of the hospital or agency and by such other
14employee. All other circumstances of the making of the
15memorandum, record, photograph or x-ray, including lack of
16personal knowledge of the maker, may be proved to affect the
17weight to be accorded such evidence, but shall not affect its
18admissibility.
19    (b) Any indicated report filed pursuant to the Abused and
20Neglected Child Reporting Act shall be admissible in evidence.
21    (c) Previous statements made by the minor relating to any
22allegations of abuse or neglect shall be admissible in
23evidence. However, no such statement, if uncorroborated and
24not subject to cross-examination, shall be sufficient in
25itself to support a finding of abuse or neglect.
26    (d) There shall be a rebuttable presumption that a minor

 

 

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1is competent to testify in abuse or neglect proceedings. The
2court shall determine how much weight to give to the minor's
3testimony, and may allow the minor to testify in chambers with
4only the court, the court reporter and attorneys for the
5parties present.
6    (e) The privileged character of communication between any
7professional person and patient or client, except privilege
8between attorney and client, shall not apply to proceedings
9subject to this Article.
10    (f) Proof of the impairment of emotional health or
11impairment of mental or emotional condition as a result of the
12failure of the respondent to exercise a minimum degree of care
13toward a minor may include competent opinion or expert
14testimony, and may include proof that such impairment lessened
15during a period when the minor was in the care, custody or
16supervision of a person or agency other than the respondent.
17    (5) In any hearing under this Act alleging neglect for
18failure to provide education as required by law under
19subsection (1) of Section 2-3, proof that a minor under 13
20years of age who is subject to compulsory school attendance
21under the School Code is a chronic truant as defined under the
22School Code shall be prima facie evidence of neglect by the
23parent or guardian in any hearing under this Act and proof that
24a minor who is 13 years of age or older who is subject to
25compulsory school attendance under the School Code is a
26chronic truant shall raise a rebuttable presumption of neglect

 

 

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1by the parent or guardian. This subsection (5) shall not apply
2in counties with 2,000,000 or more inhabitants.
3    (6) In any hearing under this Act, the court may take
4judicial notice of prior sworn testimony or evidence admitted
5in prior proceedings involving the same minor if (a) the
6parties were either represented by counsel at such prior
7proceedings or the right to counsel was knowingly waived and
8(b) the taking of judicial notice would not result in
9admitting hearsay evidence at a hearing where it would
10otherwise be prohibited.
11(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
1297-1150, eff. 1-25-13.)
 
13    Section 45. The Adoption Act is amended by changing
14Section 1 as follows:
 
15    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
16    Sec. 1. Definitions. When used in this Act, unless the
17context otherwise requires:
18    A. "Child" means a person under legal age subject to
19adoption under this Act.
20    B. "Related child" means a child subject to adoption where
21either or both of the adopting parents stands in any of the
22following relationships to the child by blood, marriage,
23adoption, or civil union: parent, grand-parent,
24great-grandparent, brother, sister, step-parent,

 

 

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1step-grandparent, step-brother, step-sister, uncle, aunt,
2great-uncle, great-aunt, first cousin, or second cousin. A
3person is related to the child as a first cousin or second
4cousin if they are both related to the same ancestor as either
5grandchild or great-grandchild. A child whose parent has
6executed a consent to adoption, a surrender, or a waiver
7pursuant to Section 10 of this Act or whose parent has signed a
8denial of paternity pursuant to Section 12 of the Vital
9Records Act or Section 12a of this Act, or whose parent has had
10his or her parental rights terminated, is not a related child
11to that person, unless (1) the consent is determined to be void
12or is void pursuant to subsection O of Section 10 of this Act;
13or (2) the parent of the child executed a consent to adoption
14by a specified person or persons pursuant to subsection A-1 of
15Section 10 of this Act and a court of competent jurisdiction
16finds that such consent is void; or (3) the order terminating
17the parental rights of the parent is vacated by a court of
18competent jurisdiction.
19    C. "Agency" for the purpose of this Act means a public
20child welfare agency or a licensed child welfare agency.
21    D. "Unfit person" means any person whom the court shall
22find to be unfit to have a child, without regard to the
23likelihood that the child will be placed for adoption. The
24grounds of unfitness are any one or more of the following,
25except that a person shall not be considered an unfit person
26for the sole reason that the person has relinquished a child in

 

 

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1accordance with the Abandoned Newborn Infant Protection Act:
2        (a) Abandonment of the child.
3        (a-1) Abandonment of a newborn infant in a hospital.
4        (a-2) Abandonment of a newborn infant in any setting
5    where the evidence suggests that the parent intended to
6    relinquish his or her parental rights.
7        (b) Failure to maintain a reasonable degree of
8    interest, concern or responsibility as to the child's
9    welfare.
10        (c) Desertion of the child for more than 3 months next
11    preceding the commencement of the Adoption proceeding.
12        (d) Substantial neglect of the child if continuous or
13    repeated.
14        (d-1) Substantial neglect, if continuous or repeated,
15    of any child residing in the household which resulted in
16    the death of that child.
17        (e) Extreme or repeated cruelty to the child.
18        (f) There is a rebuttable presumption, which can be
19    overcome only by clear and convincing evidence, that a
20    parent is unfit if:
21            (1) Two or more findings of physical abuse have
22        been entered regarding any children under Section 2-21
23        of the Juvenile Court Act of 1987, the most recent of
24        which was determined by the juvenile court hearing the
25        matter to be supported by clear and convincing
26        evidence; or

 

 

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1            (2) The parent has been convicted or found not
2        guilty by reason of insanity and the conviction or
3        finding resulted from the death of any child by
4        physical abuse; or
5            (3) There is a finding of physical child abuse
6        resulting from the death of any child under Section
7        2-21 of the Juvenile Court Act of 1987.
8        No conviction or finding of delinquency pursuant to
9    Article V of the Juvenile Court Act of 1987 shall be
10    considered a criminal conviction for the purpose of
11    applying any presumption under this item (f).
12        (g) Failure to protect the child from conditions
13    within his environment injurious to the child's welfare.
14        (h) Other neglect of, or misconduct toward the child;
15    provided that in making a finding of unfitness the court
16    hearing the adoption proceeding shall not be bound by any
17    previous finding, order or judgment affecting or
18    determining the rights of the parents toward the child
19    sought to be adopted in any other proceeding except such
20    proceedings terminating parental rights as shall be had
21    under either this Act, the Juvenile Court Act or the
22    Juvenile Court Act of 1987.
23        (i) Depravity. Conviction of any one of the following
24    crimes shall create a presumption that a parent is
25    depraved which can be overcome only by clear and
26    convincing evidence: (1) first degree murder in violation

 

 

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1    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
2    the Criminal Code of 1961 or the Criminal Code of 2012 or
3    conviction of second degree murder in violation of
4    subsection (a) of Section 9-2 of the Criminal Code of 1961
5    or the Criminal Code of 2012 of a parent of the child to be
6    adopted; (2) first degree murder or second degree murder
7    of any child in violation of the Criminal Code of 1961 or
8    the Criminal Code of 2012; (3) attempt or conspiracy to
9    commit first degree murder or second degree murder of any
10    child in violation of the Criminal Code of 1961 or the
11    Criminal Code of 2012; (4) solicitation to commit murder
12    of any child, solicitation to commit murder of any child
13    for hire, or solicitation to commit second degree murder
14    of any child in violation of the Criminal Code of 1961 or
15    the Criminal Code of 2012; (5) predatory criminal sexual
16    assault of a child in violation of Section 11-1.40 or
17    12-14.1 of the Criminal Code of 1961 or the Criminal Code
18    of 2012; (6) heinous battery of any child in violation of
19    the Criminal Code of 1961; (7) aggravated battery of any
20    child in violation of the Criminal Code of 1961 or the
21    Criminal Code of 2012; (8) any violation of Section
22    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
23    the Criminal Code of 2012; (9) any violation of subsection
24    (a) of Section 11-1.50 or Section 12-16 of the Criminal
25    Code of 1961 or the Criminal Code of 2012; (10) any
26    violation of Section 11-9.1 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012; (11) any violation of
2    Section 11-9.1A of the Criminal Code of 1961 or the
3    Criminal Code of 2012; or (12) an offense in any other
4    state the elements of which are similar and bear a
5    substantial relationship to any of the enumerated offenses
6    in this subsection (i).
7        There is a rebuttable presumption that a parent is
8    depraved if the parent has been criminally convicted of at
9    least 3 felonies under the laws of this State or any other
10    state, or under federal law, or the criminal laws of any
11    United States territory; and at least one of these
12    convictions took place within 5 years of the filing of the
13    petition or motion seeking termination of parental rights.
14        There is a rebuttable presumption that a parent is
15    depraved if that parent has been criminally convicted of
16    either first or second degree murder of any person as
17    defined in the Criminal Code of 1961 or the Criminal Code
18    of 2012 within 10 years of the filing date of the petition
19    or motion to terminate parental rights.
20        No conviction or finding of delinquency pursuant to
21    Article 5 of the Juvenile Court Act of 1987 shall be
22    considered a criminal conviction for the purpose of
23    applying any presumption under this item (i).
24        (j) Open and notorious adultery or fornication.
25        (j-1) (Blank).
26        (k) Habitual drunkenness or addiction to drugs, other

 

 

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1    than those prescribed by a physician, for at least one
2    year immediately prior to the commencement of the
3    unfitness proceeding.
4        There is a rebuttable presumption that a parent is
5    unfit under this subsection with respect to any child to
6    which that parent gives birth where there is a confirmed
7    test result that at birth the child's blood, urine, or
8    meconium contained any amount of a controlled substance as
9    defined in subsection (f) of Section 102 of the Illinois
10    Controlled Substances Act or metabolites of such
11    substances, the presence of which in the newborn infant
12    was not the result of medical treatment administered to
13    the mother or the newborn infant; and the biological
14    mother of this child is the biological mother of at least
15    one other child who was adjudicated a neglected minor
16    under subsection (c) of Section 2-3 of the Juvenile Court
17    Act of 1987.
18        (l) Failure to demonstrate a reasonable degree of
19    interest, concern or responsibility as to the welfare of a
20    new born child during the first 30 days after its birth.
21        (m) Failure by a parent (i) to make reasonable efforts
22    to correct the conditions that were the basis for the
23    removal of the child from the parent during any 9-month
24    period following the adjudication of neglected or abused
25    minor under Section 2-3 of the Juvenile Court Act of 1987
26    or dependent minor under Section 2-4 of that Act, or (ii)

 

 

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1    to make reasonable progress toward the return of the child
2    to the parent during any 9-month period following the
3    adjudication of neglected or abused minor under Section
4    2-3 of the Juvenile Court Act of 1987 or dependent minor
5    under Section 2-4 of that Act. If a service plan has been
6    established as required under Section 8.2 of the Abused
7    and Neglected Child Reporting Act to correct the
8    conditions that were the basis for the removal of the
9    child from the parent and if those services were
10    available, then, for purposes of this Act, "failure to
11    make reasonable progress toward the return of the child to
12    the parent" includes the parent's failure to substantially
13    fulfill his or her obligations under the service plan and
14    correct the conditions that brought the child into care
15    during any 9-month period following the adjudication under
16    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
17    Notwithstanding any other provision, when a petition or
18    motion seeks to terminate parental rights on the basis of
19    item (ii) of this subsection (m), the petitioner shall
20    file with the court and serve on the parties a pleading
21    that specifies the 9-month period or periods relied on.
22    The pleading shall be filed and served on the parties no
23    later than 3 weeks before the date set by the court for
24    closure of discovery, and the allegations in the pleading
25    shall be treated as incorporated into the petition or
26    motion. Failure of a respondent to file a written denial

 

 

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1    of the allegations in the pleading shall not be treated as
2    an admission that the allegations are true.
3        (m-1) (Blank).
4        (n) Evidence of intent to forgo his or her parental
5    rights, whether or not the child is a ward of the court,
6    (1) as manifested by his or her failure for a period of 12
7    months: (i) to visit the child, (ii) to communicate with
8    the child or agency, although able to do so and not
9    prevented from doing so by an agency or by court order, or
10    (iii) to maintain contact with or plan for the future of
11    the child, although physically able to do so, or (2) as
12    manifested by the father's failure, where he and the
13    mother of the child were unmarried to each other at the
14    time of the child's birth, (i) to commence legal
15    proceedings to establish his paternity under the Illinois
16    Parentage Act of 1984, the Illinois Parentage Act of 2015,
17    or the law of the jurisdiction of the child's birth within
18    30 days of being informed, pursuant to Section 12a of this
19    Act, that he is the father or the likely father of the
20    child or, after being so informed where the child is not
21    yet born, within 30 days of the child's birth, or (ii) to
22    make a good faith effort to pay a reasonable amount of the
23    expenses related to the birth of the child and to provide a
24    reasonable amount for the financial support of the child,
25    the court to consider in its determination all relevant
26    circumstances, including the financial condition of both

 

 

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1    parents; provided that the ground for termination provided
2    in this subparagraph (n)(2)(ii) shall only be available
3    where the petition is brought by the mother or the husband
4    of the mother.
5        Contact or communication by a parent with his or her
6    child that does not demonstrate affection and concern does
7    not constitute reasonable contact and planning under
8    subdivision (n). In the absence of evidence to the
9    contrary, the ability to visit, communicate, maintain
10    contact, pay expenses and plan for the future shall be
11    presumed. The subjective intent of the parent, whether
12    expressed or otherwise, unsupported by evidence of the
13    foregoing parental acts manifesting that intent, shall not
14    preclude a determination that the parent has intended to
15    forgo his or her parental rights. In making this
16    determination, the court may consider but shall not
17    require a showing of diligent efforts by an authorized
18    agency to encourage the parent to perform the acts
19    specified in subdivision (n).
20        It shall be an affirmative defense to any allegation
21    under paragraph (2) of this subsection that the father's
22    failure was due to circumstances beyond his control or to
23    impediments created by the mother or any other person
24    having legal custody. Proof of that fact need only be by a
25    preponderance of the evidence.
26        (o) Repeated or continuous failure by the parents,

 

 

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1    although physically and financially able, to provide the
2    child with adequate food, clothing, or shelter.
3        (p) Inability to discharge parental responsibilities
4    supported by competent evidence from a psychiatrist,
5    licensed clinical social worker, or clinical psychologist
6    of mental impairment, mental illness or an intellectual
7    disability as defined in Section 1-116 of the Mental
8    Health and Developmental Disabilities Code, or
9    developmental disability as defined in Section 1-106 of
10    that Code, and there is sufficient justification to
11    believe that the inability to discharge parental
12    responsibilities shall extend beyond a reasonable time
13    period. However, this subdivision (p) shall not be
14    construed so as to permit a licensed clinical social
15    worker to conduct any medical diagnosis to determine
16    mental illness or mental impairment.
17        (q) (Blank).
18        (r) The child is in the temporary custody or
19    guardianship of the Department of Children and Family
20    Services, the parent is incarcerated as a result of
21    criminal conviction at the time the petition or motion for
22    termination of parental rights is filed, prior to
23    incarceration the parent had little or no contact with the
24    child or provided little or no support for the child, and
25    the parent's incarceration will prevent the parent from
26    discharging his or her parental responsibilities for the

 

 

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1    child for a period in excess of 2 years after the filing of
2    the petition or motion for termination of parental rights.
3        (s) The child is in the temporary custody or
4    guardianship of the Department of Children and Family
5    Services, the parent is incarcerated at the time the
6    petition or motion for termination of parental rights is
7    filed, the parent has been repeatedly incarcerated as a
8    result of criminal convictions, and the parent's repeated
9    incarceration has prevented the parent from discharging
10    his or her parental responsibilities for the child.
11        (t) (Blank). A finding that at birth the child's
12    blood, urine, or meconium contained any amount of a
13    controlled substance as defined in subsection (f) of
14    Section 102 of the Illinois Controlled Substances Act, or
15    a metabolite of a controlled substance, with the exception
16    of controlled substances or metabolites of such
17    substances, the presence of which in the newborn infant
18    was the result of medical treatment administered to the
19    mother or the newborn infant, and that the biological
20    mother of this child is the biological mother of at least
21    one other child who was adjudicated a neglected minor
22    under subsection (c) of Section 2-3 of the Juvenile Court
23    Act of 1987, after which the biological mother had the
24    opportunity to enroll in and participate in a clinically
25    appropriate substance abuse counseling, treatment, and
26    rehabilitation program.

 

 

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1    E. "Parent" means a person who is the legal mother or legal
2father of the child as defined in subsection X or Y of this
3Section. For the purpose of this Act, a parent who has executed
4a consent to adoption, a surrender, or a waiver pursuant to
5Section 10 of this Act, who has signed a Denial of Paternity
6pursuant to Section 12 of the Vital Records Act or Section 12a
7of this Act, or whose parental rights have been terminated by a
8court, is not a parent of the child who was the subject of the
9consent, surrender, waiver, or denial unless (1) the consent
10is void pursuant to subsection O of Section 10 of this Act; or
11(2) the person executed a consent to adoption by a specified
12person or persons pursuant to subsection A-1 of Section 10 of
13this Act and a court of competent jurisdiction finds that the
14consent is void; or (3) the order terminating the parental
15rights of the person is vacated by a court of competent
16jurisdiction.
17    F. A person is available for adoption when the person is:
18        (a) a child who has been surrendered for adoption to
19    an agency and to whose adoption the agency has thereafter
20    consented;
21        (b) a child to whose adoption a person authorized by
22    law, other than his parents, has consented, or to whose
23    adoption no consent is required pursuant to Section 8 of
24    this Act;
25        (c) a child who is in the custody of persons who intend
26    to adopt him through placement made by his parents;

 

 

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1        (c-1) a child for whom a parent has signed a specific
2    consent pursuant to subsection O of Section 10;
3        (d) an adult who meets the conditions set forth in
4    Section 3 of this Act; or
5        (e) a child who has been relinquished as defined in
6    Section 10 of the Abandoned Newborn Infant Protection Act.
7    A person who would otherwise be available for adoption
8shall not be deemed unavailable for adoption solely by reason
9of his or her death.
10    G. The singular includes the plural and the plural
11includes the singular and the "male" includes the "female", as
12the context of this Act may require.
13    H. (Blank).
14    I. "Habitual residence" has the meaning ascribed to it in
15the federal Intercountry Adoption Act of 2000 and regulations
16promulgated thereunder.
17    J. "Immediate relatives" means the biological parents, the
18parents of the biological parents and siblings of the
19biological parents.
20    K. "Intercountry adoption" is a process by which a child
21from a country other than the United States is adopted by
22persons who are habitual residents of the United States, or
23the child is a habitual resident of the United States who is
24adopted by persons who are habitual residents of a country
25other than the United States.
26    L. (Blank).

 

 

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1    M. "Interstate Compact on the Placement of Children" is a
2law enacted by all states and certain territories for the
3purpose of establishing uniform procedures for handling the
4interstate placement of children in foster homes, adoptive
5homes, or other child care facilities.
6    N. (Blank).
7    O. "Preadoption requirements" means any conditions or
8standards established by the laws or administrative rules of
9this State that must be met by a prospective adoptive parent
10prior to the placement of a child in an adoptive home.
11    P. "Abused child" means a child whose parent or immediate
12family member, or any person responsible for the child's
13welfare, or any individual residing in the same home as the
14child, or a paramour of the child's parent:
15        (a) inflicts, causes to be inflicted, or allows to be
16    inflicted upon the child physical injury, by other than
17    accidental means, that causes death, disfigurement,
18    impairment of physical or emotional health, or loss or
19    impairment of any bodily function;
20        (b) creates a substantial risk of physical injury to
21    the child by other than accidental means which would be
22    likely to cause death, disfigurement, impairment of
23    physical or emotional health, or loss or impairment of any
24    bodily function;
25        (c) commits or allows to be committed any sex offense
26    against the child, as sex offenses are defined in the

 

 

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1    Criminal Code of 2012 and extending those definitions of
2    sex offenses to include children under 18 years of age;
3        (d) commits or allows to be committed an act or acts of
4    torture upon the child; or
5        (e) inflicts excessive corporal punishment.
6    Q. "Neglected child" means any child whose parent or other
7person responsible for the child's welfare withholds or denies
8nourishment or medically indicated treatment including food or
9care denied solely on the basis of the present or anticipated
10mental or physical impairment as determined by a physician
11acting alone or in consultation with other physicians or
12otherwise does not provide the proper or necessary support,
13education as required by law, or medical or other remedial
14care recognized under State law as necessary for a child's
15well-being, or other care necessary for his or her well-being,
16including adequate food, clothing and shelter; or who is
17abandoned by his or her parents or other person responsible
18for the child's welfare.
19    A child shall not be considered neglected or abused for
20the sole reason that the child's parent or other person
21responsible for his or her welfare depends upon spiritual
22means through prayer alone for the treatment or cure of
23disease or remedial care as provided under Section 4 of the
24Abused and Neglected Child Reporting Act. A child shall not be
25considered neglected or abused for the sole reason that the
26child's parent or other person responsible for the child's

 

 

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1welfare failed to vaccinate, delayed vaccination, or refused
2vaccination for the child due to a waiver on religious or
3medical grounds as permitted by law.
4    R. "Putative father" means a man who may be a child's
5father, but who (1) is not married to the child's mother on or
6before the date that the child was or is to be born and (2) has
7not established paternity of the child in a court proceeding
8before the filing of a petition for the adoption of the child.
9The term includes a male who is less than 18 years of age.
10"Putative father" does not mean a man who is the child's father
11as a result of criminal sexual abuse or assault as defined
12under Article 11 of the Criminal Code of 2012.
13    S. "Standby adoption" means an adoption in which a parent
14consents to custody and termination of parental rights to
15become effective upon the occurrence of a future event, which
16is either the death of the parent or the request of the parent
17for the entry of a final judgment of adoption.
18    T. (Blank).
19    T-5. "Biological parent", "birth parent", or "natural
20parent" of a child are interchangeable terms that mean a
21person who is biologically or genetically related to that
22child as a parent.
23    U. "Interstate adoption" means the placement of a minor
24child with a prospective adoptive parent for the purpose of
25pursuing an adoption for that child that is subject to the
26provisions of the Interstate Compact on the Placement of

 

 

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

 

 

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

 

 

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1child is removed from an adoptive placement before the
2adoption is finalized.
3    BB. "Secondary placement" means a placement, including but
4not limited to the placement of a youth in care as defined in
5Section 4d of the Children and Family Services Act, that
6occurs after a placement disruption or an adoption
7dissolution. "Secondary placement" does not mean secondary
8placements arising due to the death of the adoptive parent of
9the child.
10    CC. "Adoption dissolution" means a circumstance where the
11child is removed from an adoptive placement after the adoption
12is finalized.
13    DD. "Unregulated placement" means the secondary placement
14of a child that occurs without the oversight of the courts, the
15Department, or a licensed child welfare agency.
16    EE. "Post-placement and post-adoption support services"
17means support services for placed or adopted children and
18families that include, but are not limited to, mental health
19treatment, including counseling and other support services for
20emotional, behavioral, or developmental needs, and treatment
21for substance abuse.
22    FF. "Youth in care" has the meaning provided in Section 4d
23of the Children and Family Services Act.
24(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
25102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)".