Full Text of HB3587 101st General Assembly
HB3587 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3587 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 750 ILCS 50/1 | from Ch. 40, par. 1501 | 750 ILCS 50/18.9 | |
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Amends the Adoption Act. Changes the definition of "post-placement and post-adoption support services". Provides that the Department of Children and Family Services shall establish and maintain a toll-free number to respond to requests from the public about its post-placement and post-adoption support services. Provides that the Department shall provide information about post-placement and post-adoption support services to prospective adoptive parents and guardians as part of its adoption and guardianship training. Provides that the Department shall include specific information in its annual notification letter. Provides that the Department shall review and update annually all information relating to its post-placement and post-adoption support services. Provides that beginning one year after the effective date of the Act (instead of 1 year after the effective date of Public Act 99-49), the Department shall report annually to the General Assembly regarding specified information. To the reporting requirements, adds: the number of guardians, prospective adoptive parents, and adoptive families in this State who have received the Department's post-placement and post-adoption support services and the types of services provided and for each, the length of time between their initial contact to the Department to request post-placement and post-adoption support services and their first receipt of services, the type of services received, and a description of the coordination between the Department and the Department of Healthcare and Family Services to develop resources.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adoption Act is amended by changing Sections | 5 | | 1 and 18.9 as follows:
| 6 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 7 | | Sec. 1. Definitions. When used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | A. "Child" means a person under legal age subject to | 10 | | adoption under
this Act.
| 11 | | B. "Related child" means a child subject to adoption where | 12 | | either or both of
the adopting parents stands in any of the | 13 | | following relationships to the child
by blood, marriage, | 14 | | adoption, or civil union: parent, grand-parent, | 15 | | great-grandparent, brother, sister, step-parent,
| 16 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 17 | | great-uncle,
great-aunt, first cousin, or second cousin. A | 18 | | person is related to the child as a first cousin or second | 19 | | cousin if they are both related to the same ancestor as either | 20 | | grandchild or great-grandchild. A child whose parent has | 21 | | executed
a consent to adoption, a surrender, or a waiver | 22 | | pursuant to Section 10 of this Act or whose parent has signed a | 23 | | denial of paternity pursuant to Section 12 of the Vital Records |
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| 1 | | Act or Section 12a of this Act, or whose parent has had his or | 2 | | her parental rights
terminated, is not a related child to that | 3 | | person, unless (1) the consent is
determined to be void or is | 4 | | void pursuant to subsection O of Section 10 of this Act;
or (2) | 5 | | the parent of the child executed a consent to adoption by a | 6 | | specified person or persons pursuant to subsection A-1 of | 7 | | Section 10 of this Act and a court of competent jurisdiction | 8 | | finds that such consent is void; or (3) the order terminating | 9 | | the parental rights of the parent is vacated by a court of | 10 | | competent jurisdiction.
| 11 | | C. "Agency" for the purpose of this Act means a public | 12 | | child welfare agency
or a licensed child welfare agency.
| 13 | | D. "Unfit person" means any person whom the court shall | 14 | | find to be unfit
to have a child, without regard to the | 15 | | likelihood that the child will be
placed for adoption. The | 16 | | grounds of unfitness are any one or more
of the following, | 17 | | except that a person shall not be considered an unfit
person | 18 | | for the sole reason that the person has relinquished a child in
| 19 | | accordance with the Abandoned Newborn Infant Protection Act:
| 20 | | (a) Abandonment of the child.
| 21 | | (a-1) Abandonment of a newborn infant in a hospital.
| 22 | | (a-2) Abandonment of a newborn infant in any setting | 23 | | where the evidence
suggests that the parent intended to | 24 | | relinquish his or her parental rights.
| 25 | | (b) Failure to maintain a reasonable degree of | 26 | | interest, concern or
responsibility as to the child's |
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| 1 | | welfare.
| 2 | | (c) Desertion of the child for more than 3 months next | 3 | | preceding the
commencement of the Adoption proceeding.
| 4 | | (d) Substantial neglect
of the
child if continuous or | 5 | | repeated.
| 6 | | (d-1) Substantial neglect, if continuous or repeated, | 7 | | of any child
residing in the household which resulted in | 8 | | the death of that child.
| 9 | | (e) Extreme or repeated cruelty to the child.
| 10 | | (f) There is a rebuttable presumption, which can be | 11 | | overcome only by clear and convincing evidence, that a | 12 | | parent is unfit if:
| 13 | | (1) Two or more findings of physical abuse have | 14 | | been entered regarding any children under Section 2-21 | 15 | | of the Juvenile Court Act
of 1987, the most recent of | 16 | | which was determined by the juvenile court
hearing the | 17 | | matter to be supported by clear and convincing | 18 | | evidence; or | 19 | | (2) The parent has been convicted or found not | 20 | | guilty by reason of insanity and the conviction or | 21 | | finding resulted from the death of any child by | 22 | | physical abuse; or
| 23 | | (3) There is a finding of physical child abuse | 24 | | resulting from the death of any
child under Section | 25 | | 2-21 of the
Juvenile Court Act of 1987. | 26 | | No conviction or finding of delinquency pursuant to |
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| 1 | | Article V of the Juvenile Court Act of 1987 shall be | 2 | | considered a criminal conviction for the purpose of | 3 | | applying any presumption under this item (f).
| 4 | | (g) Failure to protect the child from conditions within | 5 | | his environment
injurious to the child's welfare.
| 6 | | (h) Other neglect of, or misconduct toward the child; | 7 | | provided that in
making a finding of unfitness the court | 8 | | hearing the adoption proceeding
shall not be bound by any | 9 | | previous finding, order or judgment affecting
or | 10 | | determining the rights of the parents toward the child | 11 | | sought to be adopted
in any other proceeding except such | 12 | | proceedings terminating parental rights
as shall be had | 13 | | under either this Act, the Juvenile Court Act or
the | 14 | | Juvenile Court Act of 1987.
| 15 | | (i) Depravity. Conviction of any one of the following
| 16 | | crimes shall create a presumption that a parent is depraved | 17 | | which can be
overcome only by clear and convincing | 18 | | evidence:
(1) first degree murder in violation of paragraph | 19 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 21 | | second degree murder in violation of subsection (a) of | 22 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 23 | | Code of 2012 of a parent of the child to be adopted; (2)
| 24 | | first degree murder or second degree murder of any child in
| 25 | | violation of the Criminal Code of 1961 or the Criminal Code | 26 | | of 2012; (3)
attempt or conspiracy to commit first degree |
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| 1 | | murder or second degree murder
of any child in violation of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 3 | | solicitation to commit murder of any child, solicitation to
| 4 | | commit murder of any child for hire, or solicitation to | 5 | | commit second
degree murder of any child in violation of | 6 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 7 | | predatory criminal sexual assault of a child in violation | 8 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | 9 | | or the Criminal Code of 2012; (6) heinous battery of any | 10 | | child in violation of the Criminal Code of 1961; or (7) | 11 | | aggravated battery of any child in violation of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 13 | | There is a rebuttable presumption that a parent is | 14 | | depraved if the parent
has been criminally convicted of at | 15 | | least 3 felonies under the laws of this
State or any other | 16 | | state, or under federal law, or the criminal laws of any
| 17 | | United States territory; and at least
one of these
| 18 | | convictions took place within 5 years of the filing of the | 19 | | petition or motion
seeking termination of parental rights.
| 20 | | There is a rebuttable presumption that a parent is | 21 | | depraved if that
parent
has
been criminally convicted of | 22 | | either first or second degree murder of any person
as | 23 | | defined in the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012 within 10 years of the filing date of
the petition | 25 | | or motion to terminate parental rights. | 26 | | No conviction or finding of delinquency pursuant to |
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| 1 | | Article 5 of the Juvenile Court Act of 1987 shall be | 2 | | considered a criminal conviction for the purpose of | 3 | | applying any presumption under this item (i).
| 4 | | (j) Open and notorious adultery or fornication.
| 5 | | (j-1) (Blank).
| 6 | | (k) Habitual drunkenness or addiction to drugs, other | 7 | | than those
prescribed by a physician, for at least one year | 8 | | immediately
prior to the commencement of the unfitness | 9 | | proceeding.
| 10 | | There is a rebuttable presumption that a parent is | 11 | | unfit under this
subsection
with respect to any child to | 12 | | which that parent gives birth where there is a
confirmed
| 13 | | test result that at birth the child's blood, urine, or | 14 | | meconium contained any
amount of a controlled substance as | 15 | | defined in subsection (f) of Section 102 of
the Illinois | 16 | | Controlled Substances Act or metabolites of such | 17 | | substances, the
presence of which in the newborn infant was | 18 | | not the result of medical treatment
administered to the | 19 | | mother or the newborn infant; and the biological mother of
| 20 | | this child is the biological mother of at least one other | 21 | | child who was
adjudicated a neglected minor under | 22 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 23 | | 1987.
| 24 | | (l) Failure to demonstrate a reasonable degree of | 25 | | interest, concern or
responsibility as to the welfare of a | 26 | | new born child during the first 30
days after its birth.
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| 1 | | (m) Failure by a parent (i) to make reasonable efforts | 2 | | to correct the
conditions that were the basis for the | 3 | | removal of the child from the
parent during any 9-month | 4 | | period following the adjudication of neglected or abused | 5 | | minor under Section 2-3 of the Juvenile Court Act of 1987 | 6 | | or dependent minor under Section 2-4 of that Act, or (ii) | 7 | | to make reasonable progress
toward the return of the
child | 8 | | to the parent during any 9-month period following the | 9 | | adjudication of
neglected or abused minor under Section 2-3 | 10 | | of the Juvenile Court
Act of 1987 or dependent minor under | 11 | | Section 2-4 of that Act.
If a service plan has been | 12 | | established as
required under
Section 8.2 of the Abused and | 13 | | Neglected Child Reporting Act to correct the
conditions | 14 | | that were the basis for the removal of the child from the | 15 | | parent
and if those services were available,
then, for | 16 | | purposes of this Act, "failure to make reasonable progress | 17 | | toward the
return of the child to the parent" includes the | 18 | | parent's failure to substantially fulfill his or her | 19 | | obligations
under
the service plan and correct the | 20 | | conditions that brought the child into care
during any | 21 | | 9-month period
following the adjudication under Section | 22 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 23 | | Notwithstanding any other provision, when a petition or | 24 | | motion seeks to terminate parental rights on the basis of | 25 | | item (ii) of this subsection (m), the petitioner shall file | 26 | | with the court and serve on the parties a pleading that |
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| 1 | | specifies the 9-month period or periods relied on. The | 2 | | pleading shall be filed and served on the parties no later | 3 | | than 3 weeks before the date set by the court for closure | 4 | | of discovery, and the allegations in the pleading shall be | 5 | | treated as incorporated into the petition or motion. | 6 | | Failure of a respondent to file a written denial of the | 7 | | allegations in the pleading shall not be treated as an | 8 | | admission that the allegations are true.
| 9 | | (m-1) (Blank).
| 10 | | (n) Evidence of intent to forgo his or her parental | 11 | | rights,
whether or
not the child is a ward of the court, | 12 | | (1) as manifested
by his or her failure for a period of 12 | 13 | | months: (i) to visit the child,
(ii) to communicate with | 14 | | the child or agency, although able to do so and
not | 15 | | prevented from doing so by an agency or by court order, or | 16 | | (iii) to
maintain contact with or plan for the future of | 17 | | the child, although physically
able to do so, or (2) as | 18 | | manifested by the father's failure, where he
and the mother | 19 | | of the child were unmarried to each other at the time of | 20 | | the
child's birth, (i) to commence legal proceedings to | 21 | | establish his paternity
under the Illinois Parentage Act of | 22 | | 1984, the Illinois Parentage Act of 2015, or the law of the | 23 | | jurisdiction of
the child's birth within 30 days of being | 24 | | informed, pursuant to Section 12a
of this Act, that he is | 25 | | the father or the likely father of the child or,
after | 26 | | being so informed where the child is not yet born, within |
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| 1 | | 30 days of
the child's birth, or (ii) to make a good faith | 2 | | effort to pay a reasonable
amount of the expenses related | 3 | | to the birth of the child and to provide a
reasonable | 4 | | amount for the financial support of the child, the court to
| 5 | | consider in its determination all relevant circumstances, | 6 | | including the
financial condition of both parents; | 7 | | provided that the ground for
termination provided in this | 8 | | subparagraph (n)(2)(ii) shall only be
available where the | 9 | | petition is brought by the mother or the husband of
the | 10 | | mother.
| 11 | | Contact or communication by a parent with his or her | 12 | | child that does not
demonstrate affection and concern does | 13 | | not constitute reasonable contact
and planning under | 14 | | subdivision (n). In the absence of evidence to the
| 15 | | contrary, the ability to visit, communicate, maintain | 16 | | contact, pay
expenses and plan for the future shall be | 17 | | presumed. The subjective intent
of the parent, whether | 18 | | expressed or otherwise, unsupported by evidence of
the | 19 | | foregoing parental acts manifesting that intent, shall not | 20 | | preclude a
determination that the parent has intended to | 21 | | forgo his or her
parental
rights. In making this | 22 | | determination, the court may consider but shall not
require | 23 | | a showing of diligent efforts by an authorized agency to | 24 | | encourage
the parent to perform the acts specified in | 25 | | subdivision (n).
| 26 | | It shall be an affirmative defense to any allegation |
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| 1 | | under paragraph
(2) of this subsection that the father's | 2 | | failure was due to circumstances
beyond his control or to | 3 | | impediments created by the mother or any other
person | 4 | | having legal custody. Proof of that fact need only be by a
| 5 | | preponderance of the evidence.
| 6 | | (o) Repeated or continuous failure by the parents, | 7 | | although physically
and financially able, to provide the | 8 | | child with adequate food, clothing,
or shelter.
| 9 | | (p) Inability to discharge parental responsibilities | 10 | | supported by
competent evidence from a psychiatrist, | 11 | | licensed clinical social
worker, or clinical psychologist | 12 | | of mental
impairment, mental illness or an intellectual | 13 | | disability as defined in Section
1-116 of the Mental Health | 14 | | and Developmental Disabilities Code, or
developmental | 15 | | disability as defined in Section 1-106 of that Code, and
| 16 | | there is sufficient justification to believe that the | 17 | | inability to
discharge parental responsibilities shall | 18 | | extend beyond a reasonable
time period. However, this | 19 | | subdivision (p) shall not be construed so as to
permit a | 20 | | licensed clinical social worker to conduct any medical | 21 | | diagnosis to
determine mental illness or mental | 22 | | impairment.
| 23 | | (q) (Blank).
| 24 | | (r) The child is in the temporary custody or | 25 | | guardianship of the
Department of Children and Family | 26 | | Services, the parent is incarcerated as a
result of |
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| 1 | | criminal conviction at the time the petition or motion for
| 2 | | termination of parental rights is filed, prior to | 3 | | incarceration the parent had
little or no contact with the | 4 | | child or provided little or no support for the
child, and | 5 | | the parent's incarceration will prevent the parent from | 6 | | discharging
his or her parental responsibilities for the | 7 | | child for a period in excess of 2
years after the filing of | 8 | | the petition or motion for termination of parental
rights.
| 9 | | (s) The child is in the temporary custody or | 10 | | guardianship of the
Department of Children and Family | 11 | | Services, the parent is incarcerated at the
time the | 12 | | petition or motion for termination of parental rights is | 13 | | filed, the
parent has been repeatedly incarcerated as a | 14 | | result of criminal convictions,
and the parent's repeated | 15 | | incarceration has prevented the parent from
discharging | 16 | | his or her parental responsibilities for the child.
| 17 | | (t) A finding that at birth the child's blood,
urine, | 18 | | or meconium contained any amount of a controlled substance | 19 | | as
defined in subsection (f) of Section 102 of the Illinois | 20 | | Controlled Substances
Act, or a metabolite of a controlled | 21 | | substance, with the exception of
controlled substances or | 22 | | metabolites of such substances, the presence of which
in | 23 | | the newborn infant was the result of medical treatment | 24 | | administered to the
mother or the newborn infant, and that | 25 | | the biological mother of this child is
the biological | 26 | | mother of at least one other child who was adjudicated a
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| 1 | | neglected minor under subsection (c) of Section 2-3 of the | 2 | | Juvenile Court Act
of 1987, after which the biological | 3 | | mother had the opportunity to enroll in
and participate in | 4 | | a clinically appropriate substance abuse
counseling, | 5 | | treatment, and rehabilitation program.
| 6 | | E. "Parent" means a person who is the legal mother or legal | 7 | | father of the child as defined in subsection X or Y of this | 8 | | Section. For the purpose of this Act, a parent who has executed | 9 | | a consent to adoption, a surrender, or a waiver pursuant to | 10 | | Section 10 of this Act, who has signed a Denial of Paternity | 11 | | pursuant to Section 12 of the Vital Records Act or Section 12a | 12 | | of this Act, or whose parental rights have been terminated by a | 13 | | court, is not a parent of the child who was the subject of the | 14 | | consent, surrender, waiver, or denial unless (1) the consent is | 15 | | void pursuant to subsection O of Section 10 of this Act; or (2) | 16 | | the person executed a consent to adoption by a specified person | 17 | | or persons pursuant to subsection A-1 of Section 10 of this Act | 18 | | and a court of competent jurisdiction finds that the consent is | 19 | | void; or (3) the order terminating the parental rights of the | 20 | | person is vacated by a court of competent jurisdiction.
| 21 | | F. A person is available for adoption when the person is:
| 22 | | (a) a child who has been surrendered for adoption to an | 23 | | agency and to
whose adoption the agency has thereafter | 24 | | consented;
| 25 | | (b) a child to whose adoption a person authorized by | 26 | | law, other than his
parents, has consented, or to whose |
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| 1 | | adoption no consent is required pursuant
to Section 8 of | 2 | | this Act;
| 3 | | (c) a child who is in the custody of persons who intend | 4 | | to adopt him
through placement made by his parents;
| 5 | | (c-1) a child for whom a parent has signed a specific | 6 | | consent pursuant
to subsection O of Section 10;
| 7 | | (d) an adult who meets the conditions set forth in | 8 | | Section 3 of this
Act; or
| 9 | | (e) a child who has been relinquished as defined in | 10 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 11 | | A person who would otherwise be available for adoption | 12 | | shall not be
deemed unavailable for adoption solely by reason | 13 | | of his or her death.
| 14 | | G. The singular includes the plural and the plural includes
| 15 | | the singular and the "male" includes the "female", as the | 16 | | context of this
Act may require.
| 17 | | H. (Blank).
| 18 | | I. "Habitual residence" has the meaning ascribed to it in | 19 | | the federal Intercountry Adoption Act of 2000 and regulations | 20 | | promulgated thereunder.
| 21 | | J. "Immediate relatives" means the biological parents, the | 22 | | parents of
the biological parents and siblings of the | 23 | | biological parents.
| 24 | | K. "Intercountry adoption" is a process by which a child | 25 | | from a country
other than the United States is adopted by | 26 | | persons who are habitual residents of the United States, or the |
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| 1 | | child is a habitual resident of the United States who is | 2 | | adopted by persons who are habitual residents of a country | 3 | | other than the United States.
| 4 | | L. (Blank).
| 5 | | M. "Interstate Compact on the Placement of Children" is a | 6 | | law enacted by all
states and certain territories for the | 7 | | purpose of establishing uniform procedures for handling
the | 8 | | interstate placement of children in foster homes, adoptive | 9 | | homes, or
other child care facilities.
| 10 | | N. (Blank).
| 11 | | O. "Preadoption requirements" means any conditions or | 12 | | standards established by the laws or administrative rules of | 13 | | this State that must be met by a prospective adoptive parent
| 14 | | prior to the placement of a child in an adoptive home.
| 15 | | P. "Abused child" means a child whose parent or immediate | 16 | | family member,
or any person responsible for the child's | 17 | | welfare, or any individual
residing in the same home as the | 18 | | child, or a paramour of the child's parent:
| 19 | | (a) inflicts, causes to be inflicted, or allows to be | 20 | | inflicted upon
the child physical injury, by other than | 21 | | accidental means, that causes
death, disfigurement, | 22 | | impairment of physical or emotional health, or loss
or | 23 | | impairment of any bodily function;
| 24 | | (b) creates a substantial risk of physical injury to | 25 | | the child by
other than accidental means which would be | 26 | | likely to cause death,
disfigurement, impairment of |
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| 1 | | physical or emotional health, or loss or
impairment of any | 2 | | bodily function;
| 3 | | (c) commits or allows to be committed any sex offense | 4 | | against the child,
as sex offenses are defined in the | 5 | | Criminal Code of 2012
and extending those definitions of | 6 | | sex offenses to include children under
18 years of age;
| 7 | | (d) commits or allows to be committed an act or acts of | 8 | | torture upon
the child; or
| 9 | | (e) inflicts excessive corporal punishment.
| 10 | | Q. "Neglected child" means any child whose parent or other | 11 | | person
responsible for the child's welfare withholds or denies | 12 | | nourishment or
medically indicated treatment including food or | 13 | | care denied solely on the
basis of the present or anticipated | 14 | | mental or physical impairment as determined
by a physician | 15 | | acting alone or in consultation with other physicians or
| 16 | | otherwise does not provide the proper or necessary support, | 17 | | education
as required by law, or medical or other remedial care | 18 | | recognized under State
law as necessary for a child's | 19 | | well-being, or other care necessary for his
or her well-being, | 20 | | including adequate food, clothing and shelter; or who
is | 21 | | abandoned by his or her parents or other person responsible for | 22 | | the child's
welfare.
| 23 | | A child shall not be considered neglected or abused for the
| 24 | | sole reason that the child's parent or other person responsible | 25 | | for his
or her welfare depends upon spiritual means through | 26 | | prayer alone for the
treatment or cure of disease or remedial |
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| 1 | | care as provided under Section 4
of the Abused and Neglected | 2 | | Child Reporting Act.
A child shall not be considered neglected | 3 | | or abused for the sole reason that
the child's parent or other | 4 | | person responsible for the child's welfare failed
to vaccinate, | 5 | | delayed vaccination, or refused vaccination for the child
due | 6 | | to a waiver on religious or medical grounds as permitted by | 7 | | law.
| 8 | | R. "Putative father" means a man who may be a child's | 9 | | father, but who (1) is
not married to the child's mother on or | 10 | | before the date that the child was or
is to be born and (2) has | 11 | | not established paternity of the child in a court
proceeding | 12 | | before the filing of a petition for the adoption of the child. | 13 | | The
term includes a male who is less than 18 years of age. | 14 | | "Putative father" does
not mean a man who is the child's father | 15 | | as a result of criminal sexual abuse
or assault as defined | 16 | | under Article 11 of the Criminal Code of 2012.
| 17 | | S. "Standby adoption" means an adoption in which a parent
| 18 | | consents to custody and termination of parental rights to | 19 | | become
effective upon the occurrence of a future event, which | 20 | | is either the death of
the
parent or the request of the parent
| 21 | | for the entry of a final judgment of adoption.
| 22 | | T. (Blank).
| 23 | | T-5. "Biological parent", "birth parent", or "natural | 24 | | parent" of a child are interchangeable terms that mean a person | 25 | | who is biologically or genetically related to that child as a | 26 | | parent. |
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| 1 | | U. "Interstate adoption" means the placement of a minor | 2 | | child with a prospective adoptive parent for the purpose of | 3 | | pursuing an adoption for that child that is subject to the | 4 | | provisions of the Interstate Compact on Placement of Children. | 5 | | V. (Blank). | 6 | | W. (Blank). | 7 | | X. "Legal father" of a child means a man who is recognized | 8 | | as or presumed to be that child's father: | 9 | | (1) because of his marriage to or civil union with the | 10 | | child's parent at the time of the child's birth or within | 11 | | 300 days prior to that child's birth, unless he signed a | 12 | | denial of paternity pursuant to Section 12 of the Vital | 13 | | Records Act or a waiver pursuant to Section 10 of this Act; | 14 | | or | 15 | | (2) because his paternity of the child has been | 16 | | established pursuant to the Illinois Parentage Act, the | 17 | | Illinois Parentage Act of 1984, or the Gestational | 18 | | Surrogacy Act; or | 19 | | (3) because he is listed as the child's father or | 20 | | parent on the child's birth certificate, unless he is | 21 | | otherwise determined by an administrative or judicial | 22 | | proceeding not to be the parent of the child or unless he | 23 | | rescinds his acknowledgment of paternity pursuant to the | 24 | | Illinois Parentage Act of 1984; or | 25 | | (4) because his paternity or adoption of the child has | 26 | | been established by a court of competent jurisdiction. |
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| 1 | | The definition in this subsection X shall not be construed | 2 | | to provide greater or lesser rights as to the number of parents | 3 | | who can be named on a final judgment order of adoption or | 4 | | Illinois birth certificate that otherwise exist under Illinois | 5 | | law. | 6 | | Y. "Legal mother" of a child means a woman who is | 7 | | recognized as or presumed to be that child's mother: | 8 | | (1) because she gave birth to the child except as | 9 | | provided in the Gestational Surrogacy Act; or | 10 | | (2) because her maternity of the child has been | 11 | | established pursuant to the Illinois Parentage Act of 1984 | 12 | | or the Gestational Surrogacy Act; or | 13 | | (3) because her maternity or adoption of the child has | 14 | | been established by a court of competent jurisdiction; or | 15 | | (4) because of her marriage to or civil union with the | 16 | | child's other parent at the time of the child's birth or | 17 | | within 300 days prior to the time of birth; or | 18 | | (5) because she is listed as the child's mother or | 19 | | parent on the child's birth certificate unless she is | 20 | | otherwise determined by an administrative or judicial | 21 | | proceeding not to be the parent of the child. | 22 | | The definition in this subsection Y shall not be construed | 23 | | to provide greater or lesser rights as to the number of parents | 24 | | who can be named on a final judgment order of adoption or | 25 | | Illinois birth certificate that otherwise exist under Illinois | 26 | | law. |
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| 1 | | Z. "Department" means the Illinois Department of Children | 2 | | and Family Services. | 3 | | AA. "Placement disruption" means a circumstance where the | 4 | | child is removed from an adoptive placement before the adoption | 5 | | is finalized. | 6 | | BB. "Secondary placement" means a placement, including but | 7 | | not limited to the placement of a youth in care as defined in | 8 | | Section 4d of the Children and Family Services Act, that occurs | 9 | | after a placement disruption or an adoption dissolution. | 10 | | "Secondary placement" does not mean secondary placements | 11 | | arising due to the death of the adoptive parent of the child. | 12 | | CC. "Adoption dissolution" means a circumstance where the | 13 | | child is removed from an adoptive placement after the adoption | 14 | | is finalized. | 15 | | DD. "Unregulated placement" means the secondary placement | 16 | | of a child that occurs without the oversight of the courts, the | 17 | | Department, or a licensed child welfare agency. | 18 | | EE. "Post-placement and post-adoption support services" | 19 | | means support services for placed or adopted children and | 20 | | families that include, but are not limited to, mental health | 21 | | treatment, including counseling and other support services for | 22 | | emotional, behavioral, or developmental needs , and treatment | 23 | | for substance abuse . | 24 | | (Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
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| 1 | | (750 ILCS 50/18.9) | 2 | | Sec. 18.9. Post-placement and post-adoption support | 3 | | services. | 4 | | (a) It is the public policy of this State to find | 5 | | permanency for children through adoption and to prevent | 6 | | placement disruption, adoption dissolution, and secondary | 7 | | placement. Public awareness and access Access to timely, | 8 | | effective post-placement and post-adoption support services to | 9 | | provide support and resources for children and youth in care as | 10 | | defined in Section 4d of the Children and Family Services Act, | 11 | | foster families, and adoptive families is essential to promote | 12 | | permanency. Public awareness of post-placement and | 13 | | post-adoption services and the ability of families to utilize | 14 | | effective services are essential to permanency. | 15 | | (b) The Department shall establish and maintain accessible | 16 | | post-placement and post-adoption support services for all | 17 | | children adopted pursuant to this Act, all children residing in | 18 | | this State adopted pursuant to the Interstate Compact on the | 19 | | Placement of Children, all children residing in this State | 20 | | adopted pursuant to the Intercountry Adoption Act of 2000, and | 21 | | all former youth in care, as defined by the Children and Family | 22 | | Services Act, who have been placed in a guardianship . | 23 | | (b-5) The Department shall establish and maintain a | 24 | | toll-free number to respond to requests from the public about | 25 | | its post-placement and post-adoption support services under | 26 | | subsection (b) and shall staff the toll-free number so that |
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| 1 | | calls are answered on a timely basis, but in no event more than | 2 | | 24 hours from the receipt of a request. | 3 | | (c) The Department shall publicize post information about | 4 | | the Department's post-placement and post-adoption support | 5 | | services pursuant to subsection (b) and the toll-free number | 6 | | pursuant to subsection (b-5) as follows: | 7 | | (1) it shall post information on the Department's | 8 | | website ; and | 9 | | (2) it shall provide the information to every licensed | 10 | | child welfare agency, every out of State placement agency | 11 | | or entity approved under Section 4.1 of this Act, and any | 12 | | entity providing adoption support services in the Illinois | 13 | | courts ; . | 14 | | (3) it The Department's post-placement and | 15 | | post-adoption support services shall reference such | 16 | | information be referenced in the information regarding | 17 | | adoptive parents' rights and responsibilities document | 18 | | that the Department publishes and that is provided provides | 19 | | to adoptive parents under this Act and the Child Care Act . | 20 | | (4) it shall provide the information, including the | 21 | | Illinois Post Adoption and Guardianship Services booklet, | 22 | | to prospective adoptive parents and guardians as part of | 23 | | its adoption and guardianship training and at the time they | 24 | | are presented with the Permanency Commitment form; and | 25 | | (5) it shall include, in each annual notification | 26 | | letter mailed to adoptive parents and guardians, a short, |
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| 1 | | 2-sided flier or news bulletin in plain language that | 2 | | describes access to post-placement and post-adoption | 3 | | services, how to access Medicaid and Individual Care Grant | 4 | | or Family Support Program services, the webpage address to | 5 | | Illinois' Post Adoption and Guardianship Services booklet, | 6 | | information on how to request that a copy of the booklet be | 7 | | mailed, and a sticker or magnet that includes the toll-free | 8 | | number to access the Department's post-placement and | 9 | | post-adoption support services. The Department shall | 10 | | establish and maintain a toll-free number to advise the | 11 | | public about its post-placement and post-adoption support | 12 | | services and post the number on its website. | 13 | | (c-5) The Department shall review and update annually all | 14 | | information relating to its post-placement and post-adoption | 15 | | support services, including its Post Adoption and Guardianship | 16 | | Services booklet, to include updated information on Individual | 17 | | Care Group or Family Support Program services eligibility and | 18 | | the post-placement and post-adoption support services that are | 19 | | available through the Medicaid program or any other State | 20 | | program for mental health services. The Department and the | 21 | | Department of Healthcare and Family Services shall coordinate | 22 | | their efforts in the development of resources described in this | 23 | | subsection. | 24 | | (d) Every licensed child welfare agency, every entity | 25 | | approved under Section 4.1 of this Act, and any entity | 26 | | providing adoption support services in the Illinois courts |
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| 1 | | shall provide the Department's website address and link to the | 2 | | Department's post-placement and post-adoption support services | 3 | | information set forth in subsection (c) of this Section, | 4 | | including the Department's toll-free number, to every adoptive | 5 | | parent , prospective adoptive parent, and guardian with whom | 6 | | they work in Illinois. This information shall be provided prior | 7 | | to placement. | 8 | | (e) Beginning one year after the effective date of this | 9 | | amendatory Act of the 101st 99th General Assembly, the | 10 | | Department shall report annually to the General Assembly on | 11 | | January 15 the following information for the preceding year: | 12 | | (1) a description of all post-placement and | 13 | | post-adoption support services the Department provides; | 14 | | (2) without identifying the names of the recipients of | 15 | | the services, the number of guardians foster parents , | 16 | | prospective adoptive parents, and adoptive families in | 17 | | Illinois who have received the Department's post-placement | 18 | | and post-adoption support services and the type of services | 19 | | provided and for each, the length of time between the | 20 | | initial contact to the Department to request | 21 | | post-placement and post-adoption support services and the | 22 | | first receipt of services, and the type of services | 23 | | received ; | 24 | | (3) the number of families who have contacted the | 25 | | Department about its post-placement and post-adoption | 26 | | support services due to a potential placement disruption, |
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| 1 | | adoption dissolution, secondary placement, or unregulated | 2 | | placement, but for whom the Department declined to provide | 3 | | post-placement and post-adoption support services and the | 4 | | reasons that services were denied; and | 5 | | (4) the number of placement disruptions, adoption | 6 | | dissolutions, unregulated placements, and secondary | 7 | | placements, and for each one: | 8 | | (A) the type of placement or adoption, including | 9 | | whether the child who was the subject of the placement | 10 | | was a youth in care as defined in Section 4d of the | 11 | | Children and Family Services Act, and if the child was | 12 | | not a youth in care, whether the adoption was a | 13 | | private, agency, agency-assisted, interstate, or | 14 | | intercountry adoption; | 15 | | (B) if the placement or adoption was intercountry, | 16 | | the country of birth of the child; | 17 | | (C) whether the child who was the subject of the | 18 | | placement disruption, adoption dissolution, | 19 | | unregulated placement, or secondary placement entered | 20 | | State custody; | 21 | | (D) the length of the placement prior to the | 22 | | placement disruption, adoption dissolution, | 23 | | unregulated placement, or secondary placement; | 24 | | (E) the age of the child at the time of the | 25 | | placement disruption, adoption dissolution, | 26 | | unregulated placement, or secondary placement; |
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| 1 | | (F) the reason, if known, for the placement | 2 | | disruption, adoption dissolution, unregulated | 3 | | placement, or secondary placement; and | 4 | | (G) if a licensed child welfare agency or any | 5 | | approved out of State placing entity participated in | 6 | | the initial placement, and, if applicable, the name of | 7 | | the agency or approved out of State placing entity ; | 8 | | and . | 9 | | (5) a description of the coordination between the | 10 | | Department and the Department of Healthcare and Family | 11 | | Services to develop resources under this subsection, | 12 | | including, but not limited to, a description of the goals | 13 | | of such coordination and whether the goals have been met.
| 14 | | (Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
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