Illinois General Assembly - Full Text of HB5551
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Full Text of HB5551  99th General Assembly

HB5551enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB5551 EnrolledLRB099 20520 KTG 45052 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Sections 6a and 7 as follows:
 
6    (20 ILCS 505/6a)  (from Ch. 23, par. 5006a)
7    Sec. 6a. Case Plan.
8    (a) With respect to each Department client for whom the
9Department is providing placement service, the Department
10shall develop a case plan designed to stabilize the family
11situation and prevent placement of a child outside the home of
12the family when the child can be cared for at home without
13endangering the child's health or safety, reunify the family if
14temporary placement is necessary when safe and appropriate, or
15move the child toward the most permanent living arrangement and
16permanent legal status. Such case plan shall provide for the
17utilization of family preservation services as defined in
18Section 8.2 of the Abused and Neglected Child Reporting Act.
19Such case plan shall be reviewed and updated every 6 months.
20The Department shall ensure that incarcerated parents are able
21to participate in case plan reviews via teleconference or
22videoconference. Where appropriate, the case plan shall
23include recommendations concerning alcohol or drug abuse

 

 

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1evaluation.
2    If the parent is incarcerated, the case plan must address
3the tasks that must be completed by the parent and how the
4parent will participate in the administrative case review and
5permanency planning hearings and, wherever possible, must
6include treatment that reflects the resources available at the
7facility where the parent is confined. The case plan must
8provide for visitation opportunities, unless visitation is not
9in the best interests of the child.
10    (b) The Department may enter into written agreements with
11child welfare agencies to establish and implement case plan
12demonstration projects. The demonstration projects shall
13require that service providers develop, implement, review and
14update client case plans. The Department shall examine the
15effectiveness of the demonstration projects in promoting the
16family reunification or the permanent placement of each client
17and shall report its findings to the General Assembly no later
18than 90 days after the end of the fiscal year in which any such
19demonstration project is implemented.
20(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
2190-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
 
22    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
23    Sec. 7. Placement of children; considerations.
24    (a) In placing any child under this Act, the Department
25shall place the child, as far as possible, in the care and

 

 

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1custody of some individual holding the same religious belief as
2the parents of the child, or with some child care facility
3which is operated by persons of like religious faith as the
4parents of such child.
5    (a-5) In placing a child under this Act, the Department
6shall place the child with the child's sibling or siblings
7under Section 7.4 of this Act unless the placement is not in
8each child's best interest, or is otherwise not possible under
9the Department's rules. If the child is not placed with a
10sibling under the Department's rules, the Department shall
11consider placements that are likely to develop, preserve,
12nurture, and support sibling relationships, where doing so is
13in each child's best interest.
14    (b) In placing a child under this Act, the Department may
15place a child with a relative if the Department determines that
16the relative will be able to adequately provide for the child's
17safety and welfare based on the factors set forth in the
18Department's rules governing relative placements, and that the
19placement is consistent with the child's best interests, taking
20into consideration the factors set out in subsection (4.05) of
21Section 1-3 of the Juvenile Court Act of 1987.
22    When the Department first assumes custody of a child, in
23placing that child under this Act, the Department shall make
24reasonable efforts to identify, locate, and provide notice to
25all adult grandparents and other adult relatives of the child
26who are ready, willing, and able to care for the child. At a

 

 

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1minimum, these efforts shall be renewed each time the child
2requires a placement change and it is appropriate for the child
3to be cared for in a home environment. The Department must
4document its efforts to identify, locate, and provide notice to
5such potential relative placements and maintain the
6documentation in the child's case file.
7    If the Department determines that a placement with any
8identified relative is not in the child's best interests or
9that the relative does not meet the requirements to be a
10relative caregiver, as set forth in Department rules or by
11statute, the Department must document the basis for that
12decision and maintain the documentation in the child's case
13file.
14    If, pursuant to the Department's rules, any person files an
15administrative appeal of the Department's decision not to place
16a child with a relative, it is the Department's burden to prove
17that the decision is consistent with the child's best
18interests.
19    When the Department determines that the child requires
20placement in an environment, other than a home environment, the
21Department shall continue to make reasonable efforts to
22identify and locate relatives to serve as visitation resources
23for the child and potential future placement resources, except
24when the Department determines that those efforts would be
25futile or inconsistent with the child's best interests.
26    If the Department determines that efforts to identify and

 

 

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1locate relatives would be futile or inconsistent with the
2child's best interests, the Department shall document the basis
3of its determination and maintain the documentation in the
4child's case file.
5    If the Department determines that an individual or a group
6of relatives are inappropriate to serve as visitation resources
7or possible placement resources, the Department shall document
8the basis of its determination and maintain the documentation
9in the child's case file.
10    When the Department determines that an individual or a
11group of relatives are appropriate to serve as visitation
12resources or possible future placement resources, the
13Department shall document the basis of its determination,
14maintain the documentation in the child's case file, create a
15visitation or transition plan, or both, and incorporate the
16visitation or transition plan, or both, into the child's case
17plan. For the purpose of this subsection, any determination as
18to the child's best interests shall include consideration of
19the factors set out in subsection (4.05) of Section 1-3 of the
20Juvenile Court Act of 1987.
21    The Department may not place a child with a relative, with
22the exception of certain circumstances which may be waived as
23defined by the Department in rules, if the results of a check
24of the Law Enforcement Agencies Data System (LEADS) identifies
25a prior criminal conviction of the relative or any adult member
26of the relative's household for any of the following offenses

 

 

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1under the Criminal Code of 1961 or the Criminal Code of 2012:
2        (1) murder;
3        (1.1) solicitation of murder;
4        (1.2) solicitation of murder for hire;
5        (1.3) intentional homicide of an unborn child;
6        (1.4) voluntary manslaughter of an unborn child;
7        (1.5) involuntary manslaughter;
8        (1.6) reckless homicide;
9        (1.7) concealment of a homicidal death;
10        (1.8) involuntary manslaughter of an unborn child;
11        (1.9) reckless homicide of an unborn child;
12        (1.10) drug-induced homicide;
13        (2) a sex offense under Article 11, except offenses
14    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
15    11-40, and 11-45;
16        (3) kidnapping;
17        (3.1) aggravated unlawful restraint;
18        (3.2) forcible detention;
19        (3.3) aiding and abetting child abduction;
20        (4) aggravated kidnapping;
21        (5) child abduction;
22        (6) aggravated battery of a child as described in
23    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
24        (7) criminal sexual assault;
25        (8) aggravated criminal sexual assault;
26        (8.1) predatory criminal sexual assault of a child;

 

 

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1        (9) criminal sexual abuse;
2        (10) aggravated sexual abuse;
3        (11) heinous battery as described in Section 12-4.1 or
4    subdivision (a)(2) of Section 12-3.05;
5        (12) aggravated battery with a firearm as described in
6    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
7    (e)(4) of Section 12-3.05;
8        (13) tampering with food, drugs, or cosmetics;
9        (14) drug-induced infliction of great bodily harm as
10    described in Section 12-4.7 or subdivision (g)(1) of
11    Section 12-3.05;
12        (15) aggravated stalking;
13        (16) home invasion;
14        (17) vehicular invasion;
15        (18) criminal transmission of HIV;
16        (19) criminal abuse or neglect of an elderly person or
17    person with a disability as described in Section 12-21 or
18    subsection (b) of Section 12-4.4a;
19        (20) child abandonment;
20        (21) endangering the life or health of a child;
21        (22) ritual mutilation;
22        (23) ritualized abuse of a child;
23        (24) an offense in any other state the elements of
24    which are similar and bear a substantial relationship to
25    any of the foregoing offenses.
26    For the purpose of this subsection, "relative" shall

 

 

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1include any person, 21 years of age or over, other than the
2parent, who (i) is currently related to the child in any of the
3following ways by blood or adoption: grandparent, sibling,
4great-grandparent, uncle, aunt, nephew, niece, first cousin,
5second cousin, godparent, great-uncle, or great-aunt; or (ii)
6is the spouse of such a relative; or (iii) is the child's
7step-father, step-mother, or adult step-brother or
8step-sister; or (iv) is a fictive kin; "relative" also includes
9a person related in any of the foregoing ways to a sibling of a
10child, even though the person is not related to the child, when
11the child and its sibling are placed together with that person.
12For children who have been in the guardianship of the
13Department, have been adopted, and are subsequently returned to
14the temporary custody or guardianship of the Department, a
15"relative" may also include any person who would have qualified
16as a relative under this paragraph prior to the adoption, but
17only if the Department determines, and documents, that it would
18be in the child's best interests to consider this person a
19relative, based upon the factors for determining best interests
20set forth in subsection (4.05) of Section 1-3 of the Juvenile
21Court Act of 1987. A relative with whom a child is placed
22pursuant to this subsection may, but is not required to, apply
23for licensure as a foster family home pursuant to the Child
24Care Act of 1969; provided, however, that as of July 1, 1995,
25foster care payments shall be made only to licensed foster
26family homes pursuant to the terms of Section 5 of this Act.

 

 

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1    Notwithstanding any other provision under this subsection
2to the contrary, a fictive kin with whom a child is placed
3pursuant to this subsection shall apply for licensure as a
4foster family home pursuant to the Child Care Act of 1969
5within 6 months of the child's placement with the fictive kin.
6The Department shall not remove a child from the home of a
7fictive kin on the basis that the fictive kin fails to apply
8for licensure within 6 months of the child's placement with the
9fictive kin, or fails to meet the standard for licensure. All
10other requirements established under the rules and procedures
11of the Department concerning the placement of a child, for whom
12the Department is legally responsible, with a relative shall
13apply. By June 1, 2015, the Department shall promulgate rules
14establishing criteria and standards for placement,
15identification, and licensure of fictive kin.
16    For purposes of this subsection, "fictive kin" means any
17individual, unrelated by birth or marriage, who:
18        (i) is shown to have close personal or emotional ties
19    with the child or the child's family prior to the child's
20    placement with the individual; or
21        (ii) is the current foster parent of a child in the
22    custody or guardianship of the Department pursuant to this
23    Act and the Juvenile Court Act of 1987, if the child has
24    been placed in the home for at least one year and has
25    established a significant and family-like relationship
26    with the foster parent, and the foster parent has been

 

 

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1    identified by the Department as the child's permanent
2    connection, as defined by Department rule.
3    The provisions added to this subsection (b) by Public Act
498-846 this amendatory Act of the 98th General Assembly shall
5become operative on and after June 1, 2015.
6    (c) In placing a child under this Act, the Department shall
7ensure that the child's health, safety, and best interests are
8met. In rejecting placement of a child with an identified
9relative, the Department shall ensure that the child's health,
10safety, and best interests are met. In evaluating the best
11interests of the child, the Department shall take into
12consideration the factors set forth in subsection (4.05) of
13Section 1-3 of the Juvenile Court Act of 1987.
14    The Department shall consider the individual needs of the
15child and the capacity of the prospective foster or adoptive
16parents to meet the needs of the child. When a child must be
17placed outside his or her home and cannot be immediately
18returned to his or her parents or guardian, a comprehensive,
19individualized assessment shall be performed of that child at
20which time the needs of the child shall be determined. Only if
21race, color, or national origin is identified as a legitimate
22factor in advancing the child's best interests shall it be
23considered. Race, color, or national origin shall not be
24routinely considered in making a placement decision. The
25Department shall make special efforts for the diligent
26recruitment of potential foster and adoptive families that

 

 

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1reflect the ethnic and racial diversity of the children for
2whom foster and adoptive homes are needed. "Special efforts"
3shall include contacting and working with community
4organizations and religious organizations and may include
5contracting with those organizations, utilizing local media
6and other local resources, and conducting outreach activities.
7    (c-1) At the time of placement, the Department shall
8consider concurrent planning, as described in subsection (l-1)
9of Section 5, so that permanency may occur at the earliest
10opportunity. Consideration should be given so that if
11reunification fails or is delayed, the placement made is the
12best available placement to provide permanency for the child.
13To the extent that doing so is in the child's best interests as
14set forth in subsection (4.05) of Section 1-3 of the Juvenile
15Court Act of 1987, the Department should consider placements
16that will permit the child to maintain a meaningful
17relationship with his or her parents.
18    (d) The Department may accept gifts, grants, offers of
19services, and other contributions to use in making special
20recruitment efforts.
21    (e) The Department in placing children in adoptive or
22foster care homes may not, in any policy or practice relating
23to the placement of children for adoption or foster care,
24discriminate against any child or prospective adoptive or
25foster parent on the basis of race.
26(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

 

 

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199-340, eff. 1-1-16; revised 10-19-15.)
 
2    Section 10. The Juvenile Court Act of 1987 is amended by
3changing Section 2-13 as follows:
 
4    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
5    Sec. 2-13. Petition.
6    (1) Any adult person, any agency or association by its
7representative may file, or the court on its own motion,
8consistent with the health, safety and best interests of the
9minor may direct the filing through the State's Attorney of a
10petition in respect of a minor under this Act. The petition and
11all subsequent court documents shall be entitled "In the
12interest of ...., a minor".
13    (2) The petition shall be verified but the statements may
14be made upon information and belief. It shall allege that the
15minor is abused, neglected, or dependent, with citations to the
16appropriate provisions of this Act, and set forth (a) facts
17sufficient to bring the minor under Section 2-3 or 2-4 and to
18inform respondents of the cause of action, including, but not
19limited to, a plain and concise statement of the factual
20allegations that form the basis for the filing of the petition;
21(b) the name, age and residence of the minor; (c) the names and
22residences of his parents; (d) the name and residence of his
23legal guardian or the person or persons having custody or
24control of the minor, or of the nearest known relative if no

 

 

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1parent or guardian can be found; and (e) if the minor upon
2whose behalf the petition is brought is sheltered in custody,
3the date on which such temporary custody was ordered by the
4court or the date set for a temporary custody hearing. If any
5of the facts herein required are not known by the petitioner,
6the petition shall so state.
7    (3) The petition must allege that it is in the best
8interests of the minor and of the public that he be adjudged a
9ward of the court and may pray generally for relief available
10under this Act. The petition need not specify any proposed
11disposition following adjudication of wardship. The petition
12may request that the minor remain in the custody of the parent,
13guardian, or custodian under an Order of Protection.
14    (4) If termination of parental rights and appointment of a
15guardian of the person with power to consent to adoption of the
16minor under Section 2-29 is sought, the petition shall so
17state. If the petition includes this request, the prayer for
18relief shall clearly and obviously state that the parents could
19permanently lose their rights as a parent at this hearing.
20    In addition to the foregoing, the petitioner, by motion,
21may request the termination of parental rights and appointment
22of a guardian of the person with power to consent to adoption
23of the minor under Section 2-29 at any time after the entry of
24a dispositional order under Section 2-22.
25    (4.5) (a) Unless good cause exists that filing a petition
26to terminate parental rights is contrary to the child's best

 

 

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1interests, with With respect to any minors committed to its
2care pursuant to this Act, the Department of Children and
3Family Services shall request the State's Attorney to file a
4petition or motion for termination of parental rights and
5appointment of guardian of the person with power to consent to
6adoption of the minor under Section 2-29 if:
7        (i) a minor has been in foster care, as described in
8    subsection (b), for 15 months of the most recent 22 months;
9    or
10        (ii) a minor under the age of 2 years has been
11    previously determined to be abandoned at an adjudicatory
12    hearing; or
13        (iii) the parent is criminally convicted of (A) first
14    degree murder or second degree murder of any child, (B)
15    attempt or conspiracy to commit first degree murder or
16    second degree murder of any child, (C) solicitation to
17    commit murder of any child, solicitation to commit murder
18    for hire of any child, or solicitation to commit second
19    degree murder of any child, (D) aggravated battery,
20    aggravated battery of a child, or felony domestic battery,
21    any of which has resulted in serious injury to the minor or
22    a sibling of the minor, (E) aggravated criminal sexual
23    assault in violation of subdivision (a)(1) of Section
24    11-1.40 or subdivision (a)(1) of Section 12-14.1 of the
25    Criminal Code of 1961 or the Criminal Code of 2012, or (F)
26    an offense in any other state the elements of which are

 

 

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1    similar and bear a substantial relationship to any of the
2    foregoing offenses.
3unless:
4    (a-1) For purposes of this subsection (4.5), good cause
5exists in the following circumstances:
6        (i) the child is being cared for by a relative,
7        (ii) the Department has documented in the case plan a
8    compelling reason for determining that filing such
9    petition would not be in the best interests of the child,
10        (iii) the court has found within the preceding 12
11    months that the Department has failed to make reasonable
12    efforts to reunify the child and family, or
13        (iv) the parent is incarcerated, or the parent's prior
14    incarceration is a significant factor in why the child has
15    been in foster care for 15 months out of any 22-month
16    period, the parent maintains a meaningful role in the
17    child's life, and the Department has not documented another
18    reason why it would otherwise be appropriate to file a
19    petition to terminate parental rights pursuant to this
20    Section and the Adoption Act. The assessment of whether an
21    incarcerated parent maintains a meaningful role in the
22    child's life may include consideration of the following:
23    paragraph (c) of this subsection (4.5) provides otherwise.
24            (A) the child's best interest;
25            (B) the parent's expressions or acts of
26        manifesting concern for the child, such as letters,

 

 

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1        telephone calls, visits, and other forms of
2        communication with the child and the impact of the
3        communication on the child;
4            (C) the parent's efforts to communicate with and
5        work with the Department for the purpose of complying
6        with the service plan and repairing, maintaining, or
7        building the parent-child relationship; or
8            (D) limitations in the parent's access to family
9        support programs, therapeutic services, visiting
10        opportunities, telephone and mail services, and
11        meaningful participation in court proceedings.
12    (b) For purposes of this subsection, the date of entering
13foster care is defined as the earlier of:
14        (1) The date of a judicial finding at an adjudicatory
15    hearing that the child is an abused, neglected, or
16    dependent minor; or
17        (2) 60 days after the date on which the child is
18    removed from his or her parent, guardian, or legal
19    custodian.
20    (c) (Blank). With respect to paragraph (a)(i), the
21following transition rules shall apply:
22        (1) If the child entered foster care after November 19,
23    1997 and this amendatory Act of 1998 takes effect before
24    the child has been in foster care for 15 months of the
25    preceding 22 months, then the Department shall comply with
26    the requirements of paragraph (a) of this subsection (4.5)

 

 

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1    for that child as soon as the child has been in foster care
2    for 15 of the preceding 22 months.
3        (2) If the child entered foster care after November 19,
4    1997 and this amendatory Act of 1998 takes effect after the
5    child has been in foster care for 15 of the preceding 22
6    months, then the Department shall comply with the
7    requirements of paragraph (a) of this subsection (4.5) for
8    that child within 3 months after the end of the next
9    regular session of the General Assembly.
10        (3) If the child entered foster care prior to November
11    19, 1997, then the Department shall comply with the
12    requirements of paragraph (a) of this subsection (4.5) for
13    that child in accordance with Department policy or rule.
14    (d) (Blank). If the State's Attorney determines that the
15Department's request for filing of a petition or motion
16conforms to the requirements set forth in subdivisions (a),
17(b), and (c) of this subsection (4.5), then the State's
18Attorney shall file the petition or motion as requested.
19    (5) The court shall liberally allow the petitioner to amend
20the petition to set forth a cause of action or to add, amend,
21or supplement factual allegations that form the basis for a
22cause of action up until 14 days before the adjudicatory
23hearing. The petitioner may amend the petition after that date
24and prior to the adjudicatory hearing if the court grants leave
25to amend upon a showing of good cause. The court may allow
26amendment of the petition to conform with the evidence at any

 

 

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1time prior to ruling. In all cases in which the court has
2granted leave to amend based on new evidence or new
3allegations, the court shall permit the respondent an adequate
4opportunity to prepare a defense to the amended petition.
5    (6) At any time before dismissal of the petition or before
6final closing and discharge under Section 2-31, one or more
7motions in the best interests of the minor may be filed. The
8motion shall specify sufficient facts in support of the relief
9requested.
10(Source: P.A. 97-1150, eff. 1-25-13.)
 
11    Section 15. The Adoption Act is amended by changing Section
121 as follows:
 
13    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
14    Sec. 1. Definitions. When used in this Act, unless the
15context otherwise requires:
16    A. "Child" means a person under legal age subject to
17adoption under this Act.
18    B. "Related child" means a child subject to adoption where
19either or both of the adopting parents stands in any of the
20following relationships to the child by blood, marriage,
21adoption, or civil union: parent, grand-parent,
22great-grandparent, brother, sister, step-parent,
23step-grandparent, step-brother, step-sister, uncle, aunt,
24great-uncle, great-aunt, first cousin, or second cousin. A

 

 

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

 

 

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

 

 

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

 

 

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1    second degree murder in violation of subsection (a) of
2    Section 9-2 of the Criminal Code of 1961 or the Criminal
3    Code of 2012 of a parent of the child to be adopted; (2)
4    first degree murder or second degree murder of any child in
5    violation of the Criminal Code of 1961 or the Criminal Code
6    of 2012; (3) attempt or conspiracy to commit first degree
7    murder or second degree murder of any child in violation of
8    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
9    solicitation to commit murder of any child, solicitation to
10    commit murder of any child for hire, or solicitation to
11    commit second degree murder of any child in violation of
12    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
13    predatory criminal sexual assault of a child in violation
14    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
15    or the Criminal Code of 2012; (6) heinous battery of any
16    child in violation of the Criminal Code of 1961; or (7)
17    aggravated battery of any child in violation of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        There is a rebuttable presumption that a parent is
20    depraved if the parent has been criminally convicted of at
21    least 3 felonies under the laws of this State or any other
22    state, or under federal law, or the criminal laws of any
23    United States territory; and at least one of these
24    convictions took place within 5 years of the filing of the
25    petition or motion seeking termination of parental rights.
26        There is a rebuttable presumption that a parent is

 

 

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

 

 

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

 

 

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1    9-month period following the adjudication under Section
2    2-3 or 2-4 of the Juvenile Court Act of 1987.
3    Notwithstanding any other provision, when a petition or
4    motion seeks to terminate parental rights on the basis of
5    item (ii) of this subsection (m), the petitioner shall file
6    with the court and serve on the parties a pleading that
7    specifies the 9-month period or periods relied on. The
8    pleading shall be filed and served on the parties no later
9    than 3 weeks before the date set by the court for closure
10    of discovery, and the allegations in the pleading shall be
11    treated as incorporated into the petition or motion.
12    Failure of a respondent to file a written denial of the
13    allegations in the pleading shall not be treated as an
14    admission that the allegations are true.
15        (m-1) (Blank). Pursuant to the Juvenile Court Act of
16    1987, a child has been in foster care for 15 months out of
17    any 22 month period which begins on or after the effective
18    date of this amendatory Act of 1998 unless the child's
19    parent can prove by a preponderance of the evidence that it
20    is more likely than not that it will be in the best
21    interests of the child to be returned to the parent within
22    6 months of the date on which a petition for termination of
23    parental rights is filed under the Juvenile Court Act of
24    1987. The 15 month time limit is tolled during any period
25    for which there is a court finding that the appointed
26    custodian or guardian failed to make reasonable efforts to

 

 

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1    reunify the child with his or her family, provided that (i)
2    the finding of no reasonable efforts is made within 60 days
3    of the period when reasonable efforts were not made or (ii)
4    the parent filed a motion requesting a finding of no
5    reasonable efforts within 60 days of the period when
6    reasonable efforts were not made. For purposes of this
7    subdivision (m-1), the date of entering foster care is the
8    earlier of: (i) the date of a judicial finding at an
9    adjudicatory hearing that the child is an abused,
10    neglected, or dependent minor; or (ii) 60 days after the
11    date on which the child is removed from his or her parent,
12    guardian, or legal custodian.
13        (n) Evidence of intent to forgo his or her parental
14    rights, whether or not the child is a ward of the court,
15    (1) as manifested by his or her failure for a period of 12
16    months: (i) to visit the child, (ii) to communicate with
17    the child or agency, although able to do so and not
18    prevented from doing so by an agency or by court order, or
19    (iii) to maintain contact with or plan for the future of
20    the child, although physically able to do so, or (2) as
21    manifested by the father's failure, where he and the mother
22    of the child were unmarried to each other at the time of
23    the child's birth, (i) to commence legal proceedings to
24    establish his paternity under the Illinois Parentage Act of
25    1984, the Illinois Parentage Act of 2015, or the law of the
26    jurisdiction of the child's birth within 30 days of being

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1who can be named on a final judgment order of adoption or
2Illinois birth certificate that otherwise exist under Illinois
3law.
4    Z. "Department" means the Illinois Department of Children
5and Family Services.
6    AA. "Placement disruption" means a circumstance where the
7child is removed from an adoptive placement before the adoption
8is finalized.
9    BB. "Secondary placement" means a placement, including but
10not limited to the placement of a ward of the Department, that
11occurs after a placement disruption or an adoption dissolution.
12"Secondary placement" does not mean secondary placements
13arising due to the death of the adoptive parent of the child.
14    CC. "Adoption dissolution" means a circumstance where the
15child is removed from an adoptive placement after the adoption
16is finalized.
17    DD. "Unregulated placement" means the secondary placement
18of a child that occurs without the oversight of the courts, the
19Department, or a licensed child welfare agency.
20    EE. "Post-placement and post-adoption support services"
21means support services for placed or adopted children and
22families that include, but are not limited to, counseling for
23emotional, behavioral, or developmental needs.
24(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
25eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised
268-4-15.)