Illinois General Assembly - Full Text of HB0377
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Full Text of HB0377  102nd General Assembly

HB0377 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0377

 

Introduced 1/29/2021, by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/1  from Ch. 40, par. 1501

    Amends the Adoption Act. Provides that a "related child" includes a child subject to adoption where either or both of the adopting parents is a former step-parent.


LRB102 05162 LNS 15183 b

 

 

A BILL FOR

 

HB0377LRB102 05162 LNS 15183 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 Section
51 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. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood, marriage,
14adoption, or civil union: parent, grand-parent,
15great-grandparent, brother, sister, step-parent or former
16step-parent, step-grandparent, step-brother, step-sister,
17uncle, aunt, great-uncle, great-aunt, first cousin, or second
18cousin. A person is related to the child as a first cousin or
19second cousin if they are both related to the same ancestor as
20either grandchild or great-grandchild. A child whose parent
21has executed a consent to adoption, a surrender, or a waiver
22pursuant to Section 10 of this Act or whose parent has signed a
23denial of paternity pursuant to Section 12 of the Vital

 

 

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

 

 

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1    welfare.
2        (c) Desertion of the child for more than 3 months next
3    preceding the commencement of the Adoption proceeding.
4        (d) Substantial neglect of the child if continuous or
5    repeated.
6        (d-1) Substantial neglect, if continuous or repeated,
7    of any child residing in the household which resulted in
8    the death of that child.
9        (e) Extreme or repeated cruelty to the child.
10        (f) There is a rebuttable presumption, which can be
11    overcome only by clear and convincing evidence, that a
12    parent is unfit if:
13            (1) Two or more findings of physical abuse have
14        been entered regarding any children under Section 2-21
15        of the Juvenile Court Act of 1987, the most recent of
16        which was determined by the juvenile court hearing the
17        matter to be supported by clear and convincing
18        evidence; or
19            (2) The parent has been convicted or found not
20        guilty by reason of insanity and the conviction or
21        finding resulted from the death of any child by
22        physical abuse; or
23            (3) There is a finding of physical child abuse
24        resulting from the death of any child under Section
25        2-21 of the Juvenile Court Act of 1987.
26        No conviction or finding of delinquency pursuant to

 

 

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1    Article V of the Juvenile Court Act of 1987 shall be
2    considered a criminal conviction for the purpose of
3    applying any presumption under this item (f).
4        (g) Failure to protect the child from conditions
5    within his environment injurious to the child's welfare.
6        (h) Other neglect of, or misconduct toward the child;
7    provided that in making a finding of unfitness the court
8    hearing the adoption proceeding shall not be bound by any
9    previous finding, order or judgment affecting or
10    determining the rights of the parents toward the child
11    sought to be adopted in any other proceeding except such
12    proceedings terminating parental rights as shall be had
13    under either this Act, the Juvenile Court Act or the
14    Juvenile Court Act of 1987.
15        (i) Depravity. Conviction of any one of the following
16    crimes shall create a presumption that a parent is
17    depraved which can be overcome only by clear and
18    convincing evidence: (1) first degree murder in violation
19    of paragraph (1) 1 or (2) 2 of subsection (a) of Section
20    9-1 of the Criminal Code of 1961 or the Criminal Code of
21    2012 or conviction of second degree murder in violation of
22    subsection (a) of Section 9-2 of the Criminal Code of 1961
23    or the Criminal Code of 2012 of a parent of the child to be
24    adopted; (2) first degree murder or second degree murder
25    of any child in violation of the Criminal Code of 1961 or
26    the Criminal Code of 2012; (3) attempt or conspiracy to

 

 

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

 

 

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

 

 

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1    defined in subsection (f) of Section 102 of the Illinois
2    Controlled Substances Act or metabolites of such
3    substances, the presence of which in the newborn infant
4    was not the result of medical treatment administered to
5    the mother or the newborn infant; and the biological
6    mother of this child is the biological mother of at least
7    one other child who was adjudicated a neglected minor
8    under subsection (c) of Section 2-3 of the Juvenile Court
9    Act of 1987.
10        (l) Failure to demonstrate a reasonable degree of
11    interest, concern or responsibility as to the welfare of a
12    new born child during the first 30 days after its birth.
13        (m) Failure by a parent (i) to make reasonable efforts
14    to correct the conditions that were the basis for the
15    removal of the child from the parent during any 9-month
16    period following the adjudication of neglected or abused
17    minor under Section 2-3 of the Juvenile Court Act of 1987
18    or dependent minor under Section 2-4 of that Act, or (ii)
19    to make reasonable progress toward the return of the child
20    to the parent during any 9-month period following the
21    adjudication of neglected or abused minor under Section
22    2-3 of the Juvenile Court Act of 1987 or dependent minor
23    under Section 2-4 of that Act. If a service plan has been
24    established as required under Section 8.2 of the Abused
25    and Neglected Child Reporting Act to correct the
26    conditions that were the basis for the removal of the

 

 

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

 

 

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

 

 

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1    contrary, the ability to visit, communicate, maintain
2    contact, pay expenses and plan for the future shall be
3    presumed. The subjective intent of the parent, whether
4    expressed or otherwise, unsupported by evidence of the
5    foregoing parental acts manifesting that intent, shall not
6    preclude a determination that the parent has intended to
7    forgo his or her parental rights. In making this
8    determination, the court may consider but shall not
9    require a showing of diligent efforts by an authorized
10    agency to encourage the parent to perform the acts
11    specified in subdivision (n).
12        It shall be an affirmative defense to any allegation
13    under paragraph (2) of this subsection that the father's
14    failure was due to circumstances beyond his control or to
15    impediments created by the mother or any other person
16    having legal custody. Proof of that fact need only be by a
17    preponderance of the evidence.
18        (o) Repeated or continuous failure by the parents,
19    although physically and financially able, to provide the
20    child with adequate food, clothing, or shelter.
21        (p) Inability to discharge parental responsibilities
22    supported by competent evidence from a psychiatrist,
23    licensed clinical social worker, or clinical psychologist
24    of mental impairment, mental illness or an intellectual
25    disability as defined in Section 1-116 of the Mental
26    Health and Developmental Disabilities Code, or

 

 

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

 

 

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

 

 

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

 

 

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1    G. The singular includes the plural and the plural
2includes the singular and the "male" includes the "female", as
3the context of this Act may require.
4    H. (Blank).
5    I. "Habitual residence" has the meaning ascribed to it in
6the federal Intercountry Adoption Act of 2000 and regulations
7promulgated thereunder.
8    J. "Immediate relatives" means the biological parents, the
9parents of the biological parents and siblings of the
10biological parents.
11    K. "Intercountry adoption" is a process by which a child
12from a country other than the United States is adopted by
13persons who are habitual residents of the United States, or
14the child is a habitual resident of the United States who is
15adopted by persons who are habitual residents of a country
16other than the United States.
17    L. (Blank).
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by all states and certain territories for the
20purpose of establishing uniform procedures for handling the
21interstate placement of children in foster homes, adoptive
22homes, or other child care facilities.
23    N. (Blank).
24    O. "Preadoption requirements" means any conditions or
25standards established by the laws or administrative rules of
26this State that must be met by a prospective adoptive parent

 

 

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

 

 

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

 

 

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1"Putative father" does not mean a man who is the child's father
2as a result of criminal sexual abuse or assault as defined
3under Article 11 of the Criminal Code of 2012.
4    S. "Standby adoption" means an adoption in which a parent
5consents to custody and termination of parental rights to
6become effective upon the occurrence of a future event, which
7is either the death of the parent or the request of the parent
8for the entry of a final judgment of adoption.
9    T. (Blank).
10    T-5. "Biological parent", "birth parent", or "natural
11parent" of a child are interchangeable terms that mean a
12person who is biologically or genetically related to that
13child as a parent.
14    U. "Interstate adoption" means the placement of a minor
15child with a prospective adoptive parent for the purpose of
16pursuing an adoption for that child that is subject to the
17provisions of the Interstate Compact on the Placement of
18Children.
19    V. (Blank).
20    W. (Blank).
21    X. "Legal father" of a child means a man who is recognized
22as or presumed to be that child's father:
23        (1) because of his marriage to or civil union with the
24    child's parent at the time of the child's birth or within
25    300 days prior to that child's birth, unless he signed a
26    denial of paternity pursuant to Section 12 of the Vital

 

 

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

 

 

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

 

 

HB0377- 20 -LRB102 05162 LNS 15183 b

1    CC. "Adoption dissolution" means a circumstance where the
2child is removed from an adoptive placement after the adoption
3is finalized.
4    DD. "Unregulated placement" means the secondary placement
5of a child that occurs without the oversight of the courts, the
6Department, or a licensed child welfare agency.
7    EE. "Post-placement and post-adoption support services"
8means support services for placed or adopted children and
9families that include, but are not limited to, mental health
10treatment, including counseling and other support services for
11emotional, behavioral, or developmental needs, and treatment
12for substance abuse.
13(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;
14101-529, eff. 1-1-20; revised 9-17-19.)