HB5224 EngrossedLRB103 37091 JRC 67209 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing
5Sections 1 and 17 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. (1) "Child" means a person under legal age subject to
10adoption under this Act.
11    (2) "Adult" when referring to a person who is the subject
12of a petition for adoption under Section 3 of this Act means a
13person who is 18 years old or older.
14    B. "Related child" means a child subject to adoption where
15either or both of the adopting parents stands in any of the
16following relationships to the child by blood, marriage,
17adoption, or civil union: parent, grand-parent,
18great-grandparent, brother, sister, step-parent,
19step-grandparent, step-brother, step-sister, uncle, aunt,
20great-uncle, great-aunt, first cousin, or second cousin. A
21person is related to the child as a first cousin or second
22cousin if they are both related to the same ancestor as either
23grandchild or great-grandchild. A child whose parent has

 

 

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1executed a consent to adoption, a surrender, or a waiver
2pursuant to Section 10 of this Act or whose parent has signed a
3denial of paternity pursuant to Section 12 of the Vital
4Records Act or Section 12a of this Act, or whose parent has had
5his or her parental rights terminated, is not a related child
6to that person, unless (1) the consent is determined to be void
7or is void pursuant to subsection O of Section 10 of this Act;
8or (2) the parent of the child executed a consent to adoption
9by a specified person or persons pursuant to subsection A-1 of
10Section 10 of this Act and a court of competent jurisdiction
11finds that such consent is void; or (3) the order terminating
12the parental rights of the parent is vacated by a court of
13competent jurisdiction.
14    C. "Agency" for the purpose of this Act means a public
15child welfare agency or a licensed child welfare agency.
16    D. "Unfit person" means any person whom the court shall
17find to be unfit to have a child, without regard to the
18likelihood that the child will be placed for adoption. The
19grounds of unfitness are any one or more of the following,
20except that a person shall not be considered an unfit person
21for the sole reason that the person has relinquished a child in
22accordance with the Abandoned Newborn Infant Protection Act:
23        (a) Abandonment of the child.
24        (a-1) Abandonment of a newborn infant in a hospital.
25        (a-2) Abandonment of a newborn infant in any setting
26    where the evidence suggests that the parent intended to

 

 

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1    relinquish his or her parental rights.
2        (b) Failure to maintain a reasonable degree of
3    interest, concern or responsibility as to the child's
4    welfare.
5        (c) Desertion of the child for more than 3 months next
6    preceding the commencement of the Adoption proceeding.
7        (d) Substantial neglect of the child if continuous or
8    repeated.
9        (d-1) Substantial neglect, if continuous or repeated,
10    of any child residing in the household which resulted in
11    the death of that child.
12        (e) Extreme or repeated cruelty to the child.
13        (f) There is a rebuttable presumption, which can be
14    overcome only by clear and convincing evidence, that a
15    parent is unfit if:
16            (1) Two or more findings of physical abuse have
17        been entered regarding any children under Section 2-21
18        of the Juvenile Court Act of 1987, the most recent of
19        which was determined by the juvenile court hearing the
20        matter to be supported by clear and convincing
21        evidence; or
22            (2) The parent has been convicted or found not
23        guilty by reason of insanity and the conviction or
24        finding resulted from the death of any child by
25        physical abuse; or
26            (3) There is a finding of physical child abuse

 

 

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1        resulting from the death of any child under Section
2        2-21 of the Juvenile Court Act of 1987.
3        No conviction or finding of delinquency pursuant to
4    Article V of the Juvenile Court Act of 1987 shall be
5    considered a criminal conviction for the purpose of
6    applying any presumption under this item (f).
7        (g) Failure to protect the child from conditions
8    within his environment injurious to the child's welfare.
9        (h) Other neglect of, or misconduct toward the child;
10    provided that in making a finding of unfitness the court
11    hearing the adoption proceeding shall not be bound by any
12    previous finding, order or judgment affecting or
13    determining the rights of the parents toward the child
14    sought to be adopted in any other proceeding except such
15    proceedings terminating parental rights as shall be had
16    under either this Act, the Juvenile Court Act or the
17    Juvenile Court Act of 1987.
18        (i) Depravity. Conviction of any one of the following
19    crimes shall create a presumption that a parent is
20    depraved which can be overcome only by clear and
21    convincing evidence: (1) first degree murder in violation
22    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
23    the Criminal Code of 1961 or the Criminal Code of 2012 or
24    conviction of second degree murder in violation of
25    subsection (a) of Section 9-2 of the Criminal Code of 1961
26    or the Criminal Code of 2012 of a parent of the child to be

 

 

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1    adopted; (2) first degree murder or second degree murder
2    of any child in violation of the Criminal Code of 1961 or
3    the Criminal Code of 2012; (3) attempt or conspiracy to
4    commit first degree murder or second degree murder of any
5    child in violation of the Criminal Code of 1961 or the
6    Criminal Code of 2012; (4) solicitation to commit murder
7    of any child, solicitation to commit murder of any child
8    for hire, or solicitation to commit second degree murder
9    of any child in violation of the Criminal Code of 1961 or
10    the Criminal Code of 2012; (5) predatory criminal sexual
11    assault of a child in violation of Section 11-1.40 or
12    12-14.1 of the Criminal Code of 1961 or the Criminal Code
13    of 2012; (6) heinous battery of any child in violation of
14    the Criminal Code of 1961; (7) aggravated battery of any
15    child in violation of the Criminal Code of 1961 or the
16    Criminal Code of 2012; (8) any violation of Section
17    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
18    the Criminal Code of 2012; (9) any violation of subsection
19    (a) of Section 11-1.50 or Section 12-16 of the Criminal
20    Code of 1961 or the Criminal Code of 2012; (10) any
21    violation of Section 11-9.1 of the Criminal Code of 1961
22    or the Criminal Code of 2012; (11) any violation of
23    Section 11-9.1A of the Criminal Code of 1961 or the
24    Criminal Code of 2012; or (12) an offense in any other
25    state the elements of which are similar and bear a
26    substantial relationship to any of the enumerated offenses

 

 

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

 

 

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

 

 

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1    established as required under Section 8.2 of the Abused
2    and Neglected Child Reporting Act to correct the
3    conditions that were the basis for the removal of the
4    child from the parent and if those services were
5    available, then, for purposes of this Act, "failure to
6    make reasonable progress toward the return of the child to
7    the parent" includes the parent's failure to substantially
8    fulfill his or her obligations under the service plan and
9    correct the conditions that brought the child into care
10    during any 9-month period following the adjudication under
11    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
12    Notwithstanding any other provision, when a petition or
13    motion seeks to terminate parental rights on the basis of
14    item (ii) of this subsection (m), the petitioner shall
15    file with the court and serve on the parties a pleading
16    that specifies the 9-month period or periods relied on.
17    The pleading shall be filed and served on the parties no
18    later than 3 weeks before the date set by the court for
19    closure of discovery, and the allegations in the pleading
20    shall be treated as incorporated into the petition or
21    motion. Failure of a respondent to file a written denial
22    of the allegations in the pleading shall not be treated as
23    an admission that the allegations are true.
24        (m-1) (Blank).
25        (n) Evidence of intent to forgo his or her parental
26    rights, whether or not the child is a ward of the court,

 

 

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

 

 

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1    child that does not demonstrate affection and concern does
2    not constitute reasonable contact and planning under
3    subdivision (n). In the absence of evidence to the
4    contrary, the ability to visit, communicate, maintain
5    contact, pay expenses and plan for the future shall be
6    presumed. The subjective intent of the parent, whether
7    expressed or otherwise, unsupported by evidence of the
8    foregoing parental acts manifesting that intent, shall not
9    preclude a determination that the parent has intended to
10    forgo his or her parental rights. In making this
11    determination, the court may consider but shall not
12    require a showing of diligent efforts by an authorized
13    agency to encourage the parent to perform the acts
14    specified in subdivision (n).
15        It shall be an affirmative defense to any allegation
16    under paragraph (2) of this subsection that the father's
17    failure was due to circumstances beyond his control or to
18    impediments created by the mother or any other person
19    having legal custody. Proof of that fact need only be by a
20    preponderance of the evidence.
21        (o) Repeated or continuous failure by the parents,
22    although physically and financially able, to provide the
23    child with adequate food, clothing, or shelter.
24        (p) Inability to discharge parental responsibilities
25    supported by competent evidence from a psychiatrist,
26    licensed clinical social worker, or clinical psychologist

 

 

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

 

 

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1    petition or motion for termination of parental rights is
2    filed, the parent has been repeatedly incarcerated as a
3    result of criminal convictions, and the parent's repeated
4    incarceration has prevented the parent from discharging
5    his or her parental responsibilities for the child.
6        (t) A finding that at birth the child's blood, urine,
7    or meconium contained any amount of a controlled substance
8    as defined in subsection (f) of Section 102 of the
9    Illinois Controlled Substances Act, or a metabolite of a
10    controlled substance, with the exception of controlled
11    substances or metabolites of such substances, the presence
12    of which in the newborn infant was the result of medical
13    treatment administered to the mother or the newborn
14    infant, and that the biological mother of this child is
15    the biological mother of at least one other child who was
16    adjudicated a neglected minor under subsection (c) of
17    Section 2-3 of the Juvenile Court Act of 1987, after which
18    the biological mother had the opportunity to enroll in and
19    participate in a clinically appropriate substance abuse
20    counseling, treatment, and rehabilitation program.
21    E. "Parent" means a person who is the legal mother or legal
22father of the child as defined in subsection X or Y of this
23Section. For the purpose of this Act, a parent who has executed
24a consent to adoption, a surrender, or a waiver pursuant to
25Section 10 of this Act, who has signed a Denial of Paternity
26pursuant to Section 12 of the Vital Records Act or Section 12a

 

 

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1of this Act, or whose parental rights have been terminated by a
2court, is not a parent of the child who was the subject of the
3consent, surrender, waiver, or denial unless (1) the consent
4is void pursuant to subsection O of Section 10 of this Act; or
5(2) the person executed a consent to adoption by a specified
6person or persons pursuant to subsection A-1 of Section 10 of
7this Act and a court of competent jurisdiction finds that the
8consent is void; or (3) the order terminating the parental
9rights of the person is vacated by a court of competent
10jurisdiction.
11    F. A person is available for adoption when the person is:
12        (a) a child who has been surrendered for adoption to
13    an agency and to whose adoption the agency has thereafter
14    consented;
15        (b) a child to whose adoption a person authorized by
16    law, other than his parents, has consented, or to whose
17    adoption no consent is required pursuant to Section 8 of
18    this Act;
19        (c) a child who is in the custody of persons who intend
20    to adopt him through placement made by his parents;
21        (c-1) a child for whom a parent has signed a specific
22    consent pursuant to subsection O of Section 10;
23        (d) an adult who meets the conditions set forth in
24    Section 3 of this Act; or
25        (e) a child who has been relinquished as defined in
26    Section 10 of the Abandoned Newborn Infant Protection Act.

 

 

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1    A person who would otherwise be available for adoption
2shall not be deemed unavailable for adoption solely by reason
3of his or her death.
4    G. The singular includes the plural and the plural
5includes the singular and the "male" includes the "female", as
6the context of this Act may require.
7    H. (Blank).
8    I. "Habitual residence" has the meaning ascribed to it in
9the federal Intercountry Adoption Act of 2000 and regulations
10promulgated thereunder.
11    J. "Immediate relatives" means the biological parents, the
12parents of the biological parents and siblings of the
13biological parents.
14    K. "Intercountry adoption" is a process by which a child
15from a country other than the United States is adopted by
16persons who are habitual residents of the United States, or
17the child is a habitual resident of the United States who is
18adopted by persons who are habitual residents of a country
19other than the United States.
20    L. (Blank).
21    M. "Interstate Compact on the Placement of Children" is a
22law enacted by all states and certain territories for the
23purpose of establishing uniform procedures for handling the
24interstate placement of children in foster homes, adoptive
25homes, or other child care facilities.
26    N. (Blank).

 

 

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1    O. "Preadoption requirements" means any conditions or
2standards established by the laws or administrative rules of
3this State that must be met by a prospective adoptive parent
4prior to the placement of a child in an adoptive home.
5    P. "Abused child" means a child whose parent or immediate
6family member, or any person responsible for the child's
7welfare, or any individual residing in the same home as the
8child, or a paramour of the child's parent:
9        (a) inflicts, causes to be inflicted, or allows to be
10    inflicted upon the child physical injury, by other than
11    accidental means, that causes death, disfigurement,
12    impairment of physical or emotional health, or loss or
13    impairment of any bodily function;
14        (b) creates a substantial risk of physical injury to
15    the child by other than accidental means which would be
16    likely to cause death, disfigurement, impairment of
17    physical or emotional health, or loss or impairment of any
18    bodily function;
19        (c) commits or allows to be committed any sex offense
20    against the child, as sex offenses are defined in the
21    Criminal Code of 2012 and extending those definitions of
22    sex offenses to include children under 18 years of age;
23        (d) commits or allows to be committed an act or acts of
24    torture upon the child; or
25        (e) inflicts excessive corporal punishment.
26    Q. "Neglected child" means any child whose parent or other

 

 

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1person responsible for the child's welfare withholds or denies
2nourishment or medically indicated treatment including food or
3care denied solely on the basis of the present or anticipated
4mental or physical impairment as determined by a physician
5acting alone or in consultation with other physicians or
6otherwise does not provide the proper or necessary support,
7education as required by law, or medical or other remedial
8care recognized under State law as necessary for a child's
9well-being, or other care necessary for his or her well-being,
10including adequate food, clothing and shelter; or who is
11abandoned by his or her parents or other person responsible
12for the child's welfare.
13    A child shall not be considered neglected or abused for
14the sole reason that the child's parent or other person
15responsible for his or her welfare depends upon spiritual
16means through prayer alone for the treatment or cure of
17disease or remedial care as provided under Section 4 of the
18Abused and Neglected Child Reporting Act. A child shall not be
19considered neglected or abused for the sole reason that the
20child's parent or other person responsible for the child's
21welfare failed to vaccinate, delayed vaccination, or refused
22vaccination for the child due to a waiver on religious or
23medical grounds as permitted by law.
24    R. "Putative father" means a man who may be a child's
25father, but who (1) is not married to the child's mother on or
26before the date that the child was or is to be born and (2) has

 

 

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1not established paternity of the child in a court proceeding
2before the filing of a petition for the adoption of the child.
3The term includes a male who is less than 18 years of age.
4"Putative father" does not mean a man who is the child's father
5as a result of criminal sexual abuse or assault as defined
6under Article 11 of the Criminal Code of 2012.
7    S. "Standby adoption" means an adoption in which a parent
8consents to custody and termination of parental rights to
9become effective upon the occurrence of a future event, which
10is either the death of the parent or the request of the parent
11for the entry of a final judgment of adoption.
12    T. (Blank).
13    T-5. "Biological parent", "birth parent", or "natural
14parent" of a child are interchangeable terms that mean a
15person who is biologically or genetically related to that
16child as a parent.
17    U. "Interstate adoption" means the placement of a minor
18child with a prospective adoptive parent for the purpose of
19pursuing an adoption for that child that is subject to the
20provisions of the Interstate Compact on the Placement of
21Children.
22    V. (Blank).
23    W. (Blank).
24    X. "Legal father" of a child means a man who is recognized
25as or presumed to be that child's father:
26        (1) because of his marriage to or civil union with the

 

 

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

 

 

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

 

 

HB5224 Engrossed- 20 -LRB103 37091 JRC 67209 b

1dissolution. "Secondary placement" does not mean secondary
2placements arising due to the death of the adoptive parent of
3the child.
4    CC. "Adoption dissolution" means a circumstance where the
5child is removed from an adoptive placement after the adoption
6is finalized.
7    DD. "Unregulated placement" means the secondary placement
8of a child that occurs without the oversight of the courts, the
9Department, or a licensed child welfare agency.
10    EE. "Post-placement and post-adoption support services"
11means support services for placed or adopted children and
12families that include, but are not limited to, mental health
13treatment, including counseling and other support services for
14emotional, behavioral, or developmental needs, and treatment
15for substance abuse.
16    FF. "Youth in care" has the meaning provided in Section 4d
17of the Children and Family Services Act.
18(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
19102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
20    (750 ILCS 50/17)  (from Ch. 40, par. 1521)
21    Sec. 17. Effect of order terminating parental rights or
22Judgment of Adoption. After either the entry of an order
23terminating parental rights or the entry of a judgment of
24adoption, the natural parents of a child or adult sought to be
25adopted shall be relieved of all parental responsibility for

 

 

HB5224 Engrossed- 21 -LRB103 37091 JRC 67209 b

1such child or adult and shall be deprived of all legal rights
2as respects the child or adult, and the child or adult shall be
3free from all obligations of maintenance and obedience as
4respects such natural parents. A parent who is also a
5petitioner in the adoption will retain all parental rights,
6responsibilities, and obligations.
7(Source: P.A. 91-357, eff. 7-29-99.)