90th General Assembly
Summary of HB0165
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Short description: 
ADOPTION-UNFIT PERSON DEFINED                                              

Synopsis of Bill as introduced:
        Amends the Adoption Act.  In the definition  of  "unfit  person",      
   provides  that  "failure to make reasonable progress toward the return      
   of the child to the parent" may be  defined  as  failure  to  complete      
   within  12  months  after an adjudication under the Juvenile Court Act      
   the service plan established to correct the conditions that  were  the      
   basis  for  the  removal  of  the  child  from  the parent.  Effective      
          FISCAL NOTE (DCFS)                                                   
          HB165 has no discernible fiscal impact.                              
          JUDICIAL NOTE                                                        
          There may be a minimal increase in judicial workloads, but no        
          increase in the need for the number of judges in the State.          
          HOME RULE NOTE                                                       
          HB165 does not preempt home rule authority.                          
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          New Act                                                              
          20 ILCS 505/5                   from Ch. 23, par. 5005               
          20 ILCS 505/6a                  from Ch. 23, par. 5006a              
          20 ILCS 505/7                   from Ch. 23, par. 5007               
          20 ILCS 505/7.7                                                      
          225 ILCS 10/4.2                 from Ch. 23, par. 2214.2             
          325 ILCS 5/2                    from Ch. 23, par. 2052               
          325 ILCS 5/5                    from Ch. 23, par. 2055               
          325 ILCS 5/7.5                  from Ch. 23, par. 2057.5             
          325 ILCS 5/8.2                  from Ch. 23, par. 2058.2             
          705 ILCS 405/1-2                from Ch. 37, par. 801-2              
          705 ILCS 405/1-3                from Ch. 37, par. 801-3              
          705 ILCS 405/1-5                from Ch. 37, par. 801-5              
          705 ILCS 405/1-8                from Ch. 37, par. 801-8              
          705 ILCS 405/2-10               from Ch. 37, par. 802-10             
          705 ILCS 405/2-10.1             from Ch. 37, par. 802-10.1           
          705 ILCS 405/2-13               from Ch. 37, par. 802-13             
          705 ILCS 405/2-14               from Ch. 37, par. 802-14             
          705 ILCS 405/2-15               from Ch. 37, par. 802-15             
          705 ILCS 405/2-16               from Ch. 37, par. 802-16             
          705 ILCS 405/2-17               from Ch. 37, par. 802-17             
          705 ILCS 405/2-17.1                                                  
          705 ILCS 405/2-20               from Ch. 37, par. 802-20             
          705 ILCS 405/2-21               from Ch. 37, par. 802-21             
          705 ILCS 405/2-22               from Ch. 37, par. 802-22             
          705 ILCS 405/2-23               from Ch. 37, par. 802-23             
          705 ILCS 405/2-24               from Ch. 37, par. 802-24             
          705 ILCS 405/2-25               from Ch. 37, par. 802-25             
          705 ILCS 405/2-27               from Ch. 37, par. 802-27             
          705 ILCS 405/2.27.5 new                                              
          705 ILCS 405/2-28               from Ch. 37, par. 802-28             
          705 ILCS 405/2-28.1                                                  
          705 ILCS 405/2-29               from Ch. 37, par. 802-29             
          705 ILCS 405/2-31               from Ch. 37, par. 802-31             
        Deletes everything.  Reinserts the provisions  of  the  bill  and      
   makes  additional  changes as follows:  Creates the Interstate Compact      
   on Adoption Act to authorize DCFS to enter into  compacts  with  other      
   states  for  the  protection  of  children  on behalf of whom adoption      
   assistance, including medical assistance, is being  provided.   Amends      
   the  Children and Family Services Act, the Child Care Act of 1969, the      
   Abused and Neglected Child Reporting Act, and the Juvenile  Court  Act      
   and further amends the Adoption Act.  Requires DCFS to provide for the      
   health  and  safety  of  children  in  its  care;  requires  permanent      
   placement of children at the earliest opportunity.  Authorizes DCFS to      
   renew  an  existing foster family home license of an applicant who was      
   convicted of an enumerated offense if the offense occurred  more  than      
   10  years  before  the  effective  date  of this amendatory Act and if      
   certain other conditions are met.  Sets forth factors to be considered      
   by a court in determining a minor's best  interests.   Makes  numerous      
   changes  in  the  Juvenile  Court  Act concerning permanency hearings,      
   rights of parents, and other matters.  Adds to definition of an "unfit      
   person" for purposes of the Adoption Act:  abandonment  of  a  newborn      
   infant  in  a  hospital  or in any setting where the evidence suggests      
   that the parent intended to relinquish his  or  her  parental  rights;      
   conviction  of certain offenses relating to murder of a child; failure      
   to make reasonable progress toward the return  of  a  child  within  9      
   (now,   12)  months  after  an  adjudication  of  abuse,  neglect,  or      
   dependency; incarceration of the parent of a child in  DCFS  temporary      
   custody  or  guardianship; and presence of a controlled substance in a      
   child's blood, urine, or meconium  at  birth.   Makes  other  changes.      
   Makes   changes  to  the  Adoption  Act  concerning  failure  to  make      
   reasonable  progress  toward  the  return   of   a   child   effective      
        SENATE AMENDMENT NO. 1.                                                
        Amends the Children and Family Services Act; provides that a case      
   plan shall provide for the utilization of family preservation services      
   (now, "reasonable" family preservation services).  Amends the Juvenile      
   Court Act; provides for serving notice following an ex  parte  shelter      
   care  hearing  as required by Supreme Court Rule.  Amends the Adoption      
   Act; in the definition of "unfit person" based on a  parent's  failure      
   to  make reasonable progress toward return of the child to the parent,      
   requires that services described in a  service  plan  were  available.      
   Adds a severability clause to the bill.                                     
          FISCAL NOTE, AMENDED & ENGROSSED (DCFS)                              
          HB 165, amended and engrossed has no fiscal impact in FY98,          
          and will present savings to the Dept. in future years.               
          STATE MANDATES FISCAL NOTE, S-AM 1 (DCCA)                            
          Fails to create a State mandate.                                     
          JUDICIAL NOTE, S-AM 1                                                
          This may increase the need for judges in the state, it is not        
          possible to determine the number of additional judges needed.        
Last action on Bill: PUBLIC ACT.............................. 90-0028

   Last action date: 97-06-25

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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