Full Text of HB5551 99th General Assembly
HB5551enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by 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 | 9 | | Department is
providing placement service, the Department | 10 | | shall develop a case plan designed
to stabilize the family | 11 | | situation and prevent placement of a child outside the
home of | 12 | | the family when the child can be cared for at home without | 13 | | endangering
the child's health or safety, reunify the family if | 14 | | temporary placement is
necessary when safe and appropriate, or | 15 | | move the child toward the most
permanent living arrangement and | 16 | | permanent legal status. Such case plan shall
provide for the | 17 | | utilization of family preservation services as defined in
| 18 | | Section 8.2 of the Abused and Neglected Child Reporting Act. | 19 | | Such case plan
shall be reviewed and updated every 6 months. | 20 | | The Department shall ensure that incarcerated parents are able | 21 | | to participate in case plan reviews via teleconference or | 22 | | videoconference. Where appropriate, the case plan
shall | 23 | | include recommendations concerning alcohol or drug abuse |
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| 1 | | evaluation.
| 2 | | If the parent is incarcerated, the case plan must address | 3 | | the tasks that must be completed by the parent and how the | 4 | | parent will participate in the administrative case review and | 5 | | permanency planning hearings and, wherever possible, must | 6 | | include treatment that reflects the resources available at the | 7 | | facility where the parent is confined. The case plan must | 8 | | provide for visitation opportunities, unless visitation is not | 9 | | in the best interests of the child. | 10 | | (b) The Department may enter into written agreements with | 11 | | child
welfare agencies to establish and implement case
plan | 12 | | demonstration projects. The demonstration projects shall | 13 | | require that
service providers develop, implement, review and | 14 | | update client case plans.
The Department shall examine the | 15 | | effectiveness of the demonstration
projects in promoting the | 16 | | family reunification or the permanent placement
of each client | 17 | | and shall report its findings to the General Assembly no
later | 18 | | than 90 days after the end of the fiscal year in which any such
| 19 | | demonstration project is implemented.
| 20 | | (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | 21 | | 90-443);
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 | 25 | | shall place the
child, as far as possible, in the care and |
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| 1 | | custody of some individual
holding the same religious belief as | 2 | | the parents of the child, or with some
child care facility | 3 | | which is operated by persons of like religious faith as
the | 4 | | parents of such child.
| 5 | | (a-5) In placing a child under this Act, the Department | 6 | | shall place the child with the child's
sibling or siblings | 7 | | under Section 7.4 of this Act unless the placement is not in | 8 | | each child's best
interest, or is otherwise not possible under | 9 | | the Department's rules. If the child is not
placed with a | 10 | | sibling under the Department's rules, the Department shall | 11 | | consider
placements that are likely to develop, preserve, | 12 | | nurture, and support sibling relationships, where
doing so is | 13 | | in each child's best interest. | 14 | | (b) In placing a child under this Act, the Department may | 15 | | place a child
with a relative if the Department determines that | 16 | | the relative
will be able to adequately provide for the child's | 17 | | safety and welfare based on the factors set forth in the | 18 | | Department's rules governing relative placements, and that the | 19 | | placement is consistent with the child's best interests, taking | 20 | | into consideration the factors set out in subsection (4.05) of | 21 | | Section 1-3 of the Juvenile Court Act of 1987. | 22 | | When the Department first assumes custody of a child, in | 23 | | placing that child under this Act, the Department shall make | 24 | | reasonable efforts to identify, locate, and provide notice to | 25 | | all adult grandparents and other adult relatives of the child | 26 | | who are ready, willing, and able to care for the child. At a |
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| 1 | | minimum, these efforts shall be renewed each time the child | 2 | | requires a placement change and it is appropriate for the child | 3 | | to be cared for in a home environment. The Department must | 4 | | document its efforts to identify, locate, and provide notice to | 5 | | such potential relative placements and maintain the | 6 | | documentation in the child's case file. | 7 | | If the Department determines that a placement with any | 8 | | identified relative is not in the child's best interests or | 9 | | that the relative does not meet the requirements to be a | 10 | | relative caregiver, as set forth in Department rules or by | 11 | | statute, the Department must document the basis for that | 12 | | decision and maintain the documentation in the child's case | 13 | | file.
| 14 | | If, pursuant to the Department's rules, any person files an | 15 | | administrative appeal of the Department's decision not to place | 16 | | a child with a relative, it is the Department's burden to prove | 17 | | that the decision is consistent with the child's best | 18 | | interests. | 19 | | When the Department determines that the child requires | 20 | | placement in an environment, other than a home environment, the | 21 | | Department shall continue to make reasonable efforts to | 22 | | identify and locate relatives to serve as visitation resources | 23 | | for the child and potential future placement resources, except | 24 | | when the Department determines that those efforts would be | 25 | | futile or inconsistent with the child's best interests. | 26 | | If the Department determines that efforts to identify and |
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| 1 | | locate relatives would be futile or inconsistent with the | 2 | | child's best interests, the Department shall document the basis | 3 | | of its determination and maintain the documentation in the | 4 | | child's case file. | 5 | | If the Department determines that an individual or a group | 6 | | of relatives are inappropriate to serve as visitation resources | 7 | | or possible placement resources, the Department shall document | 8 | | the basis of its determination and maintain the documentation | 9 | | in the child's case file. | 10 | | When the Department determines that an individual or a | 11 | | group of relatives are appropriate to serve as visitation | 12 | | resources or possible future placement resources, the | 13 | | Department shall document the basis of its determination, | 14 | | maintain the documentation in the child's case file, create a | 15 | | visitation or transition plan, or both, and incorporate the | 16 | | visitation or transition plan, or both, into the child's case | 17 | | plan. For the purpose of this subsection, any determination as | 18 | | to the child's best interests shall include consideration of | 19 | | the factors set out in subsection (4.05) of Section 1-3 of the | 20 | | Juvenile Court Act of 1987.
| 21 | | The Department may not place a child with a relative, with | 22 | | the exception of
certain circumstances which may be waived as | 23 | | defined by the Department in
rules, if the results of a check | 24 | | of the Law Enforcement Agencies
Data System (LEADS) identifies | 25 | | a prior criminal conviction of the relative or
any adult member | 26 | | of the relative's household for any of the following offenses
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| 1 | | under 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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| 1 | | include
any person, 21 years of age or over, other than the | 2 | | parent, who (i) is
currently related to the child in any of the | 3 | | following ways by blood or
adoption: grandparent, sibling, | 4 | | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | 5 | | second cousin, godparent, great-uncle, or great-aunt; or (ii) | 6 | | is
the spouse of such a
relative; or (iii) is the child's | 7 | | step-father, step-mother, or adult
step-brother or | 8 | | step-sister; or (iv) is a fictive kin; "relative" also includes | 9 | | a person related in any
of the foregoing ways to a sibling of a | 10 | | child, even though the person is not
related to the child, when | 11 | | the
child and its sibling are placed together with that person. | 12 | | For children who have been in the guardianship of the | 13 | | Department, have been adopted, and are subsequently returned to | 14 | | the temporary custody or guardianship of the Department, a | 15 | | "relative" may also include any person who would have qualified | 16 | | as a relative under this paragraph prior to the adoption, but | 17 | | only if the Department determines, and documents, that it would | 18 | | be in the child's best interests to consider this person a | 19 | | relative, based upon the factors for determining best interests | 20 | | set forth in subsection (4.05) of Section 1-3 of the Juvenile | 21 | | Court Act of 1987. A relative with
whom a child is placed | 22 | | pursuant to this subsection may, but is not required to,
apply | 23 | | for licensure as a foster family home pursuant to the Child | 24 | | Care Act of
1969; provided, however, that as of July 1, 1995, | 25 | | foster care payments shall be
made only to licensed foster | 26 | | family homes pursuant to the terms of Section 5 of
this Act.
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| 1 | | Notwithstanding any other provision under this subsection | 2 | | to the contrary, a fictive kin with whom a child is placed | 3 | | pursuant to this subsection shall apply for licensure as a | 4 | | foster family home pursuant to the Child Care Act of 1969 | 5 | | within 6 months of the child's placement with the fictive kin. | 6 | | The Department shall not remove a child from the home of a | 7 | | fictive kin on the basis that the fictive kin fails to apply | 8 | | for licensure within 6 months of the child's placement with the | 9 | | fictive kin, or fails to meet the standard for licensure. All | 10 | | other requirements established under the rules and procedures | 11 | | of the Department concerning the placement of a child, for whom | 12 | | the Department is legally responsible, with a relative shall | 13 | | apply. By June 1, 2015, the Department shall promulgate rules | 14 | | establishing criteria and standards for placement, | 15 | | identification, and licensure of fictive kin. | 16 | | For purposes of this subsection, "fictive kin" means any | 17 | | individual, 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 | 4 | | 98-846 this amendatory Act of the 98th General Assembly shall | 5 | | become operative on and after June 1, 2015. | 6 | | (c) In placing a child under this Act, the Department shall | 7 | | ensure that
the child's health, safety, and best interests are | 8 | | met.
In rejecting placement of a child with an identified | 9 | | relative, the Department shall ensure that the child's health, | 10 | | safety, and best interests are met. In evaluating the best | 11 | | interests of the child, the Department shall take into | 12 | | consideration the factors set forth in subsection (4.05) of | 13 | | Section 1-3 of the Juvenile Court Act of 1987.
| 14 | | The Department shall consider the individual needs of the
| 15 | | child and the capacity of the prospective foster or adoptive
| 16 | | parents to meet the needs of the child. When a child must be | 17 | | placed
outside his or her home and cannot be immediately | 18 | | returned to his or her
parents or guardian, a comprehensive, | 19 | | individualized assessment shall be
performed of that child at | 20 | | which time the needs of the child shall be
determined. Only if | 21 | | race, color, or national origin is identified as a
legitimate | 22 | | factor in advancing the child's best interests shall it be
| 23 | | considered. Race, color, or national origin shall not be | 24 | | routinely
considered in making a placement decision. The | 25 | | Department shall make
special
efforts for the diligent | 26 | | recruitment of potential foster and adoptive families
that |
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| 1 | | reflect the ethnic and racial diversity of the children for | 2 | | whom foster
and adoptive homes are needed. "Special efforts" | 3 | | shall include contacting and
working with community | 4 | | organizations and religious organizations and may
include | 5 | | contracting with those organizations, utilizing local media | 6 | | and other
local resources, and conducting outreach activities.
| 7 | | (c-1) At the time of placement, the Department shall | 8 | | consider concurrent
planning, as described in subsection (l-1) | 9 | | of Section 5, so that permanency may
occur at the earliest | 10 | | opportunity. Consideration should be given so that if
| 11 | | reunification fails or is delayed, the placement made is the | 12 | | best available
placement to provide permanency for the child. | 13 | | To the extent that doing so is in the child's best interests as | 14 | | set forth in subsection (4.05) of Section 1-3 of the Juvenile | 15 | | Court Act of 1987, the Department should consider placements | 16 | | that will permit the child to maintain a meaningful | 17 | | relationship with his or her parents.
| 18 | | (d) The Department may accept gifts, grants, offers of | 19 | | services, and
other contributions to use in making special | 20 | | recruitment efforts.
| 21 | | (e) The Department in placing children in adoptive or | 22 | | foster care homes
may not, in any policy or practice relating | 23 | | to the placement of children for
adoption or foster care, | 24 | | discriminate against any child or prospective adoptive
or | 25 | | foster 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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| 1 | | 99-340, eff. 1-1-16; revised 10-19-15.)
| 2 | | Section 10. The Juvenile Court Act of 1987 is amended by | 3 | | changing 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
| 7 | | representative may file, or the court on its own motion, | 8 | | consistent with the
health, safety and best interests of the | 9 | | minor may direct the
filing through the State's Attorney of a | 10 | | petition in respect of a minor
under this Act. The petition and | 11 | | all subsequent court documents shall be
entitled "In the | 12 | | interest of ...., a minor".
| 13 | | (2) The petition shall be verified but the statements may | 14 | | be made
upon information and belief. It shall allege that the | 15 | | minor is
abused, neglected, or dependent, with citations to the | 16 | | appropriate
provisions of this Act,
and set forth (a) facts | 17 | | sufficient to bring the minor
under Section 2-3 or 2-4 and to | 18 | | inform respondents of the cause of action,
including, but not | 19 | | limited to, a plain and concise statement of the factual
| 20 | | allegations that form the basis for the filing of the petition; | 21 | | (b) the name,
age and residence of the minor; (c) the names and | 22 | | residences of his parents;
(d) the name and residence of his
| 23 | | legal guardian or the person or persons having custody or | 24 | | control of the
minor, or of the nearest known relative if no |
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| 1 | | parent or guardian can be
found; and (e) if the minor upon | 2 | | whose behalf the petition is brought is
sheltered in custody, | 3 | | the date on which such temporary custody
was ordered by the
| 4 | | court or the date set for a temporary custody hearing. If any | 5 | | of the facts
herein required are not known by the petitioner, | 6 | | the petition shall so
state.
| 7 | | (3) The petition must allege that it is in the best | 8 | | interests of the
minor and of the public that he be adjudged a | 9 | | ward of the court and may
pray generally for relief available | 10 | | under this Act. The petition need
not specify any proposed | 11 | | disposition following adjudication of wardship. The petition | 12 | | may request that the minor remain in the custody of the parent, | 13 | | guardian, or custodian under an Order of Protection.
| 14 | | (4) If termination of parental rights and appointment of a | 15 | | guardian of the
person with power to consent to adoption of the | 16 | | minor under Section 2-29 is
sought, the petition shall so | 17 | | state. If the petition includes this request,
the prayer for | 18 | | relief shall clearly and obviously state that the parents could
| 19 | | permanently lose their rights as a parent at this hearing.
| 20 | | In addition to the foregoing, the petitioner, by motion, | 21 | | may request the
termination of parental rights and appointment | 22 | | of a guardian of the person with
power to consent to adoption | 23 | | of the minor under Section 2-29 at any time after
the entry of | 24 | | a dispositional order under Section 2-22.
| 25 | | (4.5) (a) Unless good cause exists that filing a petition | 26 | | to terminate parental rights is contrary to the child's best |
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| 1 | | interests, with With respect to any minors committed to its | 2 | | care pursuant to
this Act, the Department of Children and | 3 | | Family Services shall request the
State's Attorney to file a | 4 | | petition or motion for termination of parental
rights and | 5 | | appointment of guardian of the person with power to consent to
| 6 | | adoption 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 .
| 3 | | unless:
| 4 | | (a-1) For purposes of this subsection (4.5), good cause | 5 | | exists 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 | 13 | | foster 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 | 21 | | following 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 | 15 | | Department's request for
filing of a petition or motion | 16 | | conforms to the requirements set forth in
subdivisions (a), | 17 | | (b), and (c) of this subsection (4.5), then the State's
| 18 | | Attorney shall file the petition or motion as requested.
| 19 | | (5) The court shall liberally allow the petitioner to amend | 20 | | the petition to
set forth a cause of action or to add, amend, | 21 | | or supplement factual allegations
that form the basis for a | 22 | | cause of action up until 14 days before the
adjudicatory | 23 | | hearing. The petitioner may amend the petition after that date
| 24 | | and prior to the adjudicatory hearing if the court grants leave | 25 | | to amend upon a
showing of good cause.
The court may allow | 26 | | amendment of the
petition to conform with the evidence at any |
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| 1 | | time prior to ruling. In all
cases in which the court has | 2 | | granted leave to amend based on new evidence or
new | 3 | | allegations, the court shall permit
the respondent an adequate | 4 | | opportunity to prepare a defense to the amended
petition.
| 5 | | (6) At any time before dismissal of the petition or before | 6 | | final closing
and discharge under Section 2-31, one or more | 7 | | motions in the best interests of
the minor may be filed. The | 8 | | motion shall specify sufficient facts in support
of the relief | 9 | | requested.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 11 | | Section 15. The Adoption Act is amended by changing Section | 12 | | 1 as follows:
| 13 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 14 | | Sec. 1. Definitions. When used in this Act, unless the | 15 | | context
otherwise requires:
| 16 | | A. "Child" means a person under legal age subject to | 17 | | adoption under
this Act.
| 18 | | B. "Related child" means a child subject to adoption where | 19 | | either or both of
the adopting parents stands in any of the | 20 | | following relationships to the child
by blood, marriage, | 21 | | adoption, or civil union: parent, grand-parent, | 22 | | great-grandparent, brother, sister, step-parent,
| 23 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 24 | | great-uncle,
great-aunt, first cousin, or second cousin. A |
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| 1 | | person is related to the child as a first cousin or second | 2 | | cousin if they are both related to the same ancestor as either | 3 | | grandchild or great-grandchild. A child whose parent has | 4 | | executed
a consent to adoption, a surrender, or a waiver | 5 | | pursuant to Section 10 of this Act or whose parent has signed a | 6 | | denial of paternity pursuant to Section 12 of the Vital Records | 7 | | Act or Section 12a of this Act, or whose parent has had his or | 8 | | her parental rights
terminated, is not a related child to that | 9 | | person, unless (1) the consent is
determined to be void or is | 10 | | void pursuant to subsection O of Section 10 of this Act;
or (2) | 11 | | the parent of the child executed a consent to adoption by a | 12 | | specified person or persons pursuant to subsection A-1 of | 13 | | Section 10 of this Act and a court of competent jurisdiction | 14 | | finds that such consent is void; or (3) the order terminating | 15 | | the parental rights of the parent is vacated by a court of | 16 | | competent jurisdiction.
| 17 | | C. "Agency" for the purpose of this Act means a public | 18 | | child welfare agency
or a licensed child welfare agency.
| 19 | | D. "Unfit person" means any person whom the court shall | 20 | | find to be unfit
to have a child, without regard to the | 21 | | likelihood that the child will be
placed for adoption. The | 22 | | grounds of unfitness are any one or more
of the following, | 23 | | except that a person shall not be considered an unfit
person | 24 | | for the sole reason that the person has relinquished a child in
| 25 | | accordance 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 | 10 | | father of the child as defined in subsection X or Y of this | 11 | | Section. For the purpose of this Act, a parent who has executed | 12 | | a consent to adoption, a surrender, or a waiver pursuant to | 13 | | Section 10 of this Act, who has signed a Denial of Paternity | 14 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 15 | | of this Act, or whose parental rights have been terminated by a | 16 | | court, is not a parent of the child who was the subject of the | 17 | | consent, surrender, waiver, or denial unless (1) the consent is | 18 | | void pursuant to subsection O of Section 10 of this Act; or (2) | 19 | | the person executed a consent to adoption by a specified person | 20 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 21 | | and a court of competent jurisdiction finds that the consent is | 22 | | void; or (3) the order terminating the parental rights of the | 23 | | person 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 | 15 | | shall not be
deemed unavailable for adoption solely by reason | 16 | | of his or her death.
| 17 | | G. The singular includes the plural and the plural includes
| 18 | | the singular and the "male" includes the "female", as the | 19 | | context of this
Act may require.
| 20 | | H. (Blank).
| 21 | | I. "Habitual residence" has the meaning ascribed to it in | 22 | | the federal Intercountry Adoption Act of 2000 and regulations | 23 | | promulgated thereunder.
| 24 | | J. "Immediate relatives" means the biological parents, the | 25 | | parents of
the biological parents and siblings of the | 26 | | biological parents.
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| 1 | | K. "Intercountry adoption" is a process by which a child | 2 | | from a country
other than the United States is adopted by | 3 | | persons who are habitual residents of the United States, or the | 4 | | child is a habitual resident of the United States who is | 5 | | adopted by persons who are habitual residents of a country | 6 | | other than the United States.
| 7 | | L. (Blank).
| 8 | | M. "Interstate Compact on the Placement of Children" is a | 9 | | law enacted by all
states and certain territories for the | 10 | | purpose of establishing uniform procedures for handling
the | 11 | | interstate placement of children in foster homes, adoptive | 12 | | homes, or
other child care facilities.
| 13 | | N. (Blank).
| 14 | | O. "Preadoption requirements" means any conditions or | 15 | | standards established by the laws or administrative rules of | 16 | | this State that must be met by a prospective adoptive parent
| 17 | | prior to the placement of a child in an adoptive home.
| 18 | | P. "Abused child" means a child whose parent or immediate | 19 | | family member,
or any person responsible for the child's | 20 | | welfare, or any individual
residing in the same home as the | 21 | | child, 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 | 14 | | person
responsible for the child's welfare withholds or denies | 15 | | nourishment or
medically indicated treatment including food or | 16 | | care denied solely on the
basis of the present or anticipated | 17 | | mental or physical impairment as determined
by a physician | 18 | | acting alone or in consultation with other physicians or
| 19 | | otherwise does not provide the proper or necessary support, | 20 | | education
as required by law, or medical or other remedial care | 21 | | recognized under State
law as necessary for a child's | 22 | | well-being, or other care necessary for his
or her well-being, | 23 | | including adequate food, clothing and shelter; or who
is | 24 | | abandoned by his or her parents or other person responsible for | 25 | | the child's
welfare.
| 26 | | A child shall not be considered neglected or abused for the
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| 1 | | sole reason that the child's parent or other person responsible | 2 | | for his
or her welfare depends upon spiritual means through | 3 | | prayer alone for the
treatment or cure of disease or remedial | 4 | | care as provided under Section 4
of the Abused and Neglected | 5 | | Child Reporting Act.
A child shall not be considered neglected | 6 | | or abused for the sole reason that
the child's parent or other | 7 | | person responsible for the child's welfare failed
to vaccinate, | 8 | | delayed vaccination, or refused vaccination for the child
due | 9 | | to a waiver on religious or medical grounds as permitted by | 10 | | law.
| 11 | | R. "Putative father" means a man who may be a child's | 12 | | father, but who (1) is
not married to the child's mother on or | 13 | | before the date that the child was or
is to be born and (2) has | 14 | | not established paternity of the child in a court
proceeding | 15 | | before the filing of a petition for the adoption of the child. | 16 | | The
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 | 18 | | as a result of criminal sexual abuse
or assault as defined | 19 | | under Article 11 of the Criminal Code of 2012.
| 20 | | S. "Standby adoption" means an adoption in which a parent
| 21 | | consents to custody and termination of parental rights to | 22 | | become
effective upon the occurrence of a future event, which | 23 | | is either the death of
the
parent or the request of the parent
| 24 | | for the entry of a final judgment of adoption.
| 25 | | T. (Blank).
| 26 | | T-5. "Biological parent", "birth parent", or "natural |
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| 1 | | parent" of a child are interchangeable terms that mean a person | 2 | | who is biologically or genetically related to that child as a | 3 | | parent. | 4 | | U. "Interstate adoption" means the placement of a minor | 5 | | child with a prospective adoptive parent for the purpose of | 6 | | pursuing an adoption for that child that is subject to the | 7 | | provisions 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 | 11 | | as 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 | 5 | | to provide greater or lesser rights as to the number of parents | 6 | | who can be named on a final judgment order of adoption or | 7 | | Illinois birth certificate that otherwise exist under Illinois | 8 | | law. | 9 | | Y. "Legal mother" of a child means a woman who is | 10 | | recognized 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 | 26 | | to provide greater or lesser rights as to the number of parents |
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| 1 | | who can be named on a final judgment order of adoption or | 2 | | Illinois birth certificate that otherwise exist under Illinois | 3 | | law. | 4 | | Z. "Department" means the Illinois Department of Children | 5 | | and Family Services. | 6 | | AA. "Placement disruption" means a circumstance where the | 7 | | child is removed from an adoptive placement before the adoption | 8 | | is finalized. | 9 | | BB. "Secondary placement" means a placement, including but | 10 | | not limited to the placement of a ward of the Department, that | 11 | | occurs after a placement disruption or an adoption dissolution. | 12 | | "Secondary placement" does not mean secondary placements | 13 | | arising due to the death of the adoptive parent of the child. | 14 | | CC. "Adoption dissolution" means a circumstance where the | 15 | | child is removed from an adoptive placement after the adoption | 16 | | is finalized. | 17 | | DD. "Unregulated placement" means the secondary placement | 18 | | of a child that occurs without the oversight of the courts, the | 19 | | Department, or a licensed child welfare agency. | 20 | | EE. "Post-placement and post-adoption support services" | 21 | | means support services for placed or adopted children and | 22 | | families that include, but are not limited to, counseling for | 23 | | emotional, behavioral, or developmental needs. | 24 | | (Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804, | 25 | | eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised | 26 | | 8-4-15.)
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