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92_SB0216enr
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1 AN ACT in relation to children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Abandoned Newborn Infant Protection Act.
6 Section 5. Public policy. Illinois recognizes that
7 newborn infants have been abandoned to the environment or to
8 other circumstances that may be unsafe to the newborn infant.
9 These circumstances have caused injury and death to newborn
10 infants and give rise to potential civil or criminal
11 liability to parents who may be under severe emotional
12 distress. This Act is intended to provide a mechanism for a
13 newborn infant to be relinquished to a safe environment and
14 for the parents of the infant to remain anonymous if they
15 choose and to avoid civil or criminal liability for the act
16 of relinquishing the infant. It is recognized that
17 establishing an adoption plan is preferable to relinquishing
18 a child using the procedures outlined in this Act, but to
19 reduce the chance of injury to a newborn infant, this Act
20 provides a safer alternative.
21 A public information campaign on this delicate issue
22 shall be implemented to encourage parents considering
23 abandonment of their newborn child to relinquish the child
24 under the procedures outlined in this Act, to choose a
25 traditional adoption plan, or to parent a child themselves
26 rather than place the newborn infant in harm's way.
27 Section 10. Definitions. In this Act:
28 "Abandon" has the same meaning as in the Abused and
29 Neglected Child Reporting Act.
30 "Abused child" has the same meaning as in the Abused and
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1 Neglected Child Reporting Act.
2 "Child-placing agency" means a licensed public or private
3 agency that receives a child for the purpose of placing or
4 arranging for the placement of the child in a foster family
5 home or other facility for child care, apart from the custody
6 of the child's parents.
7 "Department" or "DCFS" means the Illinois Department of
8 Children and Family Services.
9 "Emergency medical facility" means a freestanding
10 emergency center or trauma center, as defined in the
11 Emergency Medical Services (EMS) Systems Act.
12 "Emergency medical professional" includes licensed
13 physicians, and any emergency medical technician-basic,
14 emergency medical technician-intermediate, emergency medical
15 technician-paramedic, trauma nurse specialist, and
16 pre-hospital RN, as defined in the Emergency Medical Services
17 (EMS) Systems Act.
18 "Fire station" means a fire station within the State that
19 is staffed with at least one full-time emergency medical
20 professional.
21 "Hospital" has the same meaning as in the Hospital
22 Licensing Act.
23 "Legal custody" means the relationship created by a court
24 order in the best interest of a newborn infant that imposes
25 on the infant's custodian the responsibility of physical
26 possession of the infant, the duty to protect, train, and
27 discipline the infant, and the duty to provide the infant
28 with food, shelter, education, and medical care, except as
29 these are limited by parental rights and responsibilities.
30 "Neglected child" has the same meaning as in the Abused
31 and Neglected Child Reporting Act.
32 "Newborn infant" means a child who a licensed physician
33 reasonably believes is 72 hours old or less at the time the
34 child is initially relinquished to a hospital, fire station,
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1 or emergency medical facility, and who is not an abused or a
2 neglected child.
3 "Relinquish" means to bring a newborn infant, who a
4 licensed physician reasonably believes is 72 hours old or
5 less, to a hospital, fire station, or emergency medical
6 facility and to leave the infant with personnel of the
7 facility, if the person leaving the infant does not express
8 an intent to return for the infant or states that he or she
9 will not return for the infant. In the case of a mother who
10 gives birth to an infant in a hospital, the mother's act of
11 leaving that newborn infant at the hospital (i) without
12 expressing an intent to return for the infant or (ii) stating
13 that she will not return for the infant is not a
14 "relinquishment" under this Act.
15 "Temporary protective custody" means the temporary
16 placement of a newborn infant within a hospital or other
17 medical facility out of the custody of the infant's parent.
18 Section 15. Presumptions.
19 (a) There is a presumption that by relinquishing a
20 newborn infant in accordance with this Act, the infant's
21 parent consents to the termination of his or her parental
22 rights with respect to the infant.
23 (b) There is a presumption that a person relinquishing a
24 newborn infant in accordance with this Act:
25 (1) is the newborn infant's biological parent; and
26 (2) either without expressing an intent to return
27 for the infant or expressing an intent not to return for
28 the infant, did intend to relinquish the infant to the
29 hospital, fire station, or emergency medical facility to
30 treat, care for, and provide for the infant in accordance
31 with this Act.
32 (c) A parent of a relinquished newborn infant may rebut
33 the presumption set forth in either subsection (a) or
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1 subsection (b) pursuant to Section 55, at any time before the
2 termination of the parent's parental rights.
3 Section 20. Procedures with respect to relinquished
4 newborn infants.
5 (a) Hospitals. Every hospital must accept and provide
6 all necessary emergency services and care to a relinquished
7 newborn infant, in accordance with this Act. The hospital
8 shall examine a relinquished newborn infant and perform tests
9 that, based on reasonable medical judgment, are appropriate
10 in evaluating whether the relinquished newborn infant was
11 abused or neglected.
12 The act of relinquishing a newborn infant serves as
13 implied consent for the hospital and its medical personnel
14 and physicians on staff to treat and provide care for the
15 infant.
16 The hospital shall be deemed to have temporary protective
17 custody of a relinquished newborn infant until the infant is
18 discharged to the custody of a child-placing agency or the
19 Department.
20 (b) Fire stations and emergency medical facilities.
21 Every fire station and emergency medical facility must accept
22 and provide all necessary emergency services and care to a
23 relinquished newborn infant, in accordance with this Act.
24 The act of relinquishing a newborn infant serves as
25 implied consent for the fire station or emergency medical
26 facility and its emergency medical professionals to treat and
27 provide care for the infant, to the extent that those
28 emergency medical professionals are trained to provide those
29 services.
30 After the relinquishment of a newborn infant to a fire
31 station or emergency medical facility, the fire station or
32 emergency medical facility's personnel must arrange for the
33 transportation of the infant to the nearest hospital as soon
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1 as transportation can be arranged.
2 If the parent of a newborn infant returns to reclaim the
3 child within 72 hours after relinquishing the child to a fire
4 station or emergency medical facility, the fire station or
5 emergency medical facility must inform the parent of the name
6 and location of the hospital to which the infant was
7 transported.
8 Section 25. Immunity for relinquishing person.
9 (a) The act of relinquishing a newborn infant to a
10 hospital, fire station, or emergency medical facility in
11 accordance with this Act does not, by itself, constitute a
12 basis for a finding of abuse, neglect, or abandonment of the
13 infant pursuant to the laws of this State nor does it, by
14 itself, constitute a violation of Section 12-21.5 or 12-21.6
15 of the Criminal Code of 1961.
16 (b) If there is suspected child abuse or neglect that is
17 not based solely on the newborn infant's relinquishment to a
18 hospital, fire station, or emergency medical facility, the
19 personnel of the hospital, fire station, or emergency medical
20 facility who are mandated reporters under the Abused and
21 Neglected Child Reporting Act must report the abuse or
22 neglect pursuant to that Act.
23 (c) Neither a child protective investigation nor a
24 criminal investigation may be initiated solely because a
25 newborn infant is relinquished pursuant to this Act.
26 Section 27. Immunity of facility and personnel. A
27 hospital, fire station, or emergency medical facility, and
28 any personnel of a hospital, fire station, or emergency
29 medical facility, are immune from criminal or civil liability
30 for acting in good faith in accordance with this Act. Nothing
31 in this Act limits liability for negligence for care and
32 medical treatment.
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1 Section 30. Anonymity of relinquishing person. If there
2 is no evidence of abuse or neglect of a relinquished newborn
3 infant, the relinquishing person has the right to remain
4 anonymous and to leave the hospital, fire station, or
5 emergency medical facility at any time and not be pursued or
6 followed. Before the relinquishing person leaves the
7 hospital, fire station, or emergency medical facility, the
8 hospital, fire station, or emergency medical facility
9 personnel shall i) verbally inform the relinquishing person
10 that by relinquishing the child anonymously, he or she will
11 have to petition the court if he or she desires to prevent
12 the termination of parental rights and regain custody of the
13 child and ii) shall offer the relinquishing person the
14 information packet described in Section 35 of this Act.
15 However, nothing in this Act shall be construed as precluding
16 the relinquishing person from providing his or her identity
17 or completing the application forms for the Illinois Adoption
18 Registry and Medical Information Exchange and requesting that
19 the hospital, fire station, or emergency medical facility
20 forward those forms to the Illinois Adoption Registry and
21 Medical information Exchange.
22 Section 35. Information for relinquishing person. A
23 hospital, fire station, or emergency medical facility that
24 receives a newborn infant relinquished in accordance with
25 this Act must offer an information packet to the
26 relinquishing person and, if possible, must clearly inform
27 the relinquishing person that his or her acceptance of the
28 information is completely voluntary, that registration with
29 the Illinois Adoption Registry and Medical Information
30 Exchange is voluntary, that the person will remain anonymous
31 if he or she completes a Denial of Information Exchange, and
32 that the person has the option to provide medical information
33 only and still remain anonymous. The information packet must
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1 include all of the following:
2 (1) All Illinois Adoption Registry and Medical
3 Information Exchange application forms, including the
4 Medical Information Exchange Questionnaire and the web
5 site address and toll-free phone number of the Registry.
6 (2) Written notice of the following:
7 (A) No sooner than 60 days following the date
8 of the initial relinquishment of the infant to a
9 hospital, fire station, or emergency medical
10 facility, the child-placing agency or the Department
11 will commence proceedings for the termination of
12 parental rights and placement of the infant for
13 adoption.
14 (B) Failure of a parent of the infant to
15 contact the Department and petition for the return
16 of custody of the infant before termination of
17 parental rights bars any future action asserting
18 legal rights with respect to the infant.
19 (3) A resource list of providers of counseling
20 services including grief counseling, pregnancy
21 counseling, and counseling regarding adoption and other
22 available options for placement of the infant.
23 Upon request, the Department of Public Health shall
24 provide the application forms for the Illinois Adoption
25 Registry and Medical Information Exchange to hospitals, fire
26 stations, and emergency medical facilities.
27 Section 40. Reporting requirements.
28 (a) Within 12 hours after accepting a newborn infant
29 from a relinquishing person or from a fire station or
30 emergency medical facility in accordance with this Act, a
31 hospital must report to the Department's State Central
32 Registry for the purpose of transferring physical custody of
33 the infant from the hospital to either a child-placing agency
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1 or the Department.
2 (b) Within 24 hours after receiving a report under
3 subsection (a), the Department must request assistance from
4 law enforcement officials to investigate the matter using the
5 National Crime Information Center to ensure that the
6 relinquished newborn infant is not a missing child.
7 (c) Once a hospital has made a report to the Department
8 under subsection (a), the Department must arrange for a
9 licensed child-placing agency to accept physical custody of
10 the relinquished newborn infant.
11 (d) If a relinquished child is not a newborn infant as
12 defined in this Act, the hospital and the Department must
13 proceed as if the child is an abused or neglected child.
14 Section 45. Medical assistance. Notwithstanding any
15 other provision of law, a newborn infant relinquished in
16 accordance with this Act shall be deemed eligible for medical
17 assistance under the Illinois Public Aid Code, and a hospital
18 providing medical services to such an infant shall be
19 reimbursed for those services in accordance with the payment
20 methodologies authorized under that Code. In addition, for
21 any day that a hospital has custody of a newborn infant
22 relinquished in accordance with this Act and the infant does
23 not require medically necessary care, the hospital shall be
24 reimbursed by the Illinois Department of Public Aid at the
25 general acute care per diem rate, in accordance with 89 Ill.
26 Adm. Code 148.270(c).
27 Section 50. Child-placing agency procedures.
28 (a) The Department's State Central Registry must
29 maintain a list of licensed child-placing agencies willing to
30 take legal custody of newborn infants relinquished in
31 accordance with this Act. The child-placing agencies on the
32 list must be contacted by the Department on a rotating basis
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1 upon notice from a hospital that a newborn infant has been
2 relinquished in accordance with this Act.
3 (b) Upon notice from the Department that a newborn
4 infant has been relinquished in accordance with this Act, a
5 child-placing agency must accept the newborn infant if the
6 agency has the accommodations to do so. The child-placing
7 agency must seek an order for legal custody of the infant
8 upon its acceptance of the infant.
9 (c) Within 3 business days after assuming physical
10 custody of the infant, the child-placing agency shall file a
11 petition in the division of the circuit court in which
12 petitions for adoption would normally be heard. The petition
13 shall allege that the newborn infant has been relinquished in
14 accordance with this Act and shall state that the
15 child-placing agency intends to place the infant in an
16 adoptive home.
17 (d) If no licensed child-placing agency is able to
18 accept the relinquished newborn infant, then the Department
19 must assume responsibility for the infant as soon as
20 practicable.
21 (e) A custody order issued under subsection (b) shall
22 remain in effect until a final adoption order based on the
23 relinquished newborn infant's best interests is issued in
24 accordance with this Act and the Adoption Act.
25 (f) When possible, the child-placing agency must place a
26 relinquished newborn infant in a prospective adoptive home.
27 (g) The Department or child-placing agency must initiate
28 proceedings to (i) terminate the parental rights of the
29 relinquished newborn infant's known or unknown parents, (ii)
30 appoint a guardian for the infant, and (iii) obtain consent
31 to the infant's adoption in accordance with this Act no
32 sooner than 60 days following the date of the initial
33 relinquishment of the infant to the hospital, fire station,
34 or emergency medical facility.
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1 (h) Before filing a petition for termination of parental
2 rights, the Department or child-placing agency must do the
3 following:
4 (1) Search its Putative Father Registry for the
5 purpose of determining the identity and location of the
6 putative father of the relinquished newborn infant who
7 is, or is expected to be, the subject of an adoption
8 proceeding, in order to provide notice of the proceeding
9 to the putative father. At least one search of the
10 Registry must be conducted, at least 30 days after the
11 relinquished newborn infant's estimated date of birth;
12 earlier searches may be conducted, however. Notice to any
13 potential putative father discovered in a search of the
14 Registry according to the estimated age of the
15 relinquished newborn infant must be in accordance with
16 Section 12a of the Adoption Act.
17 (2) Verify with law enforcement officials, using
18 the National Crime Information Center, that the
19 relinquished newborn infant is not a missing child.
20 Section 55. Petition for return of custody.
21 (a) A parent of a newborn infant relinquished in
22 accordance with this Act may petition for the return of
23 custody of the infant before the termination of parental
24 rights with respect to the infant.
25 (b) A parent of a newborn infant relinquished in
26 accordance with this Act may petition for the return of
27 custody of the infant by contacting the Department for the
28 purpose of obtaining the name of the child-placing agency and
29 then filing a petition for return of custody in the circuit
30 court in which the proceeding for the termination of parental
31 rights is pending.
32 (c) If a petition for the termination of parental rights
33 has not been filed by the Department or the child-placing
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1 agency, the parent of the relinquished newborn infant must
2 contact the Department, which must notify the parent of the
3 appropriate court in which the petition for return of custody
4 must be filed.
5 (d) The circuit court may hold the proceeding for the
6 termination of parental rights in abeyance for a period not
7 to exceed 60 days from the date that the petition for return
8 of custody was filed without a showing of good cause. During
9 that period:
10 (1) The court shall order genetic testing to
11 establish maternity or paternity, or both.
12 (2) The Department shall conduct a child protective
13 investigation and home study to develop recommendations
14 to the court.
15 (3) When indicated as a result of the Department's
16 investigation and home study, further proceedings under
17 the Juvenile Court Act of 1987 as the court determines
18 appropriate, may be conducted. However, relinquishment
19 of a newborn infant in accordance with this Act does not
20 render the infant abused, neglected, or abandoned solely
21 because the newborn infant was relinquished to a
22 hospital, fire station, or emergency medical facility in
23 accordance with this Act.
24 (e) Failure to file a petition for the return of custody
25 of a relinquished newborn infant before the termination of
26 parental rights bars any future action asserting legal rights
27 with respect to the infant unless the parent's act of
28 relinquishment that led to the termination of parental rights
29 involved fraud perpetrated against and not stemming from or
30 involving the parent. No action to void or revoke the
31 termination of parental rights of a parent of a newborn
32 infant relinquished in accordance with this Act, including an
33 action based on fraud, may be commenced after 12 months after
34 the date that the newborn infant was initially relinquished
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1 to a hospital, fire station, or emergency medical facility.
2 Section 60. Department's duties. The Department must
3 implement a public information program to promote safe
4 placement alternatives for newborn infants. The public
5 information program must inform the public of the following:
6 (1) The relinquishment alternative provided for in
7 this Act, which results in the adoption of a newborn
8 infant under 72 hours of age and which provides for the
9 parent's anonymity, if the parent so chooses.
10 (2) The alternative of adoption through a public or
11 private agency, in which the parent's identity may or may
12 not be known to the agency, but is kept anonymous from
13 the adoptive parents, if the birth parent so desires, and
14 which allows the parent to be actively involved in the
15 child's adoption plan.
16 The public information program may include, but need not
17 be limited to, the following elements:
18 (i) Educational and informational materials in
19 print, audio, video, electronic or other media.
20 (ii) Establishment of a web site.
21 (iii) Public service announcements and
22 advertisements.
23 (iv) Establishment of toll-free telephone hotlines
24 to provide information.
25 Section 65. Evaluation.
26 (a) The Department shall collect and analyze information
27 regarding the relinquishment of newborn infants and placement
28 of children under this Act. Fire stations, emergency medical
29 facilities, and medical professionals accepting and providing
30 services to a newborn infant under this Act shall report to
31 the Department data necessary for the Department to evaluate
32 and determine the effect of this Act in the prevention of
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1 injury or death of newborn infants. Child-placing agencies
2 shall report to the Department data necessary to evaluate and
3 determine the effectiveness of these agencies in providing
4 child protective and child welfare services to newborn
5 infants relinquished under this Act.
6 (b) The information collected shall include, but need
7 not be limited to: the number of newborn infants
8 relinquished; the services provided to relinquished newborn
9 infants; the outcome of care for the relinquished newborn
10 infants; the number and disposition of cases of relinquished
11 newborn infants subject to placement; the number of children
12 accepted and served by child-placing agencies; and the
13 services provided by child-placing agencies and the
14 disposition of the cases of the children placed under this
15 Act.
16 (c) The Department shall submit a report by January 1,
17 2002, and on January 1 of each year thereafter, to the
18 Governor and General Assembly regarding the prevention of
19 injury or death of newborn infants and the effect of
20 placements of children under this Act. The report shall
21 include, but need not be limited to, a summary of collected
22 data, an analysis of the data and conclusions regarding the
23 Act's effectiveness, a determination whether the purposes of
24 the Act are being achieved, and recommendations for changes
25 that may be considered necessary to improve the
26 administration and enforcement of this Act.
27 Section 70. Construction of Act. Nothing in this Act
28 shall be construed to preclude the courts of this State from
29 exercising their discretion to protect the health and safety
30 of children in individual cases. The best interests and
31 welfare of a child shall be a paramount consideration in the
32 construction and interpretation of this Act. It is in the
33 child's best interests that this Act be construed and
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1 interpreted so as not to result in extending time limits
2 beyond those set forth in this Act.
3 Section 75. Repeal. This Act is repealed on July 1, 2007.
4 Section 90. The Illinois Public Aid Code is amended by
5 changing Section 4-1.2 as follows:
6 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
7 Sec. 4-1.2. Living Arrangements - Parents - Relatives -
8 Foster Care.
9 (a) The child or children must (1) be living with his or
10 their father, mother, grandfather, grandmother, brother,
11 sister, stepfather, stepmother, stepbrother, stepsister,
12 uncle or aunt, or other relative approved by the Illinois
13 Department, in a place of residence maintained by one or more
14 of such relatives as his or their own home, or (2) have been
15 (a) removed from the home of the parents or other relatives
16 by judicial order under the Juvenile Court Act or the
17 Juvenile Court Act of 1987, as amended, (b) placed under the
18 guardianship of the Department of Children and Family
19 Services, and (c) under such guardianship, placed in a foster
20 family home, group home or child care institution licensed
21 pursuant to the "Child Care Act of 1969", approved May 15,
22 1969, as amended, or approved by that Department as meeting
23 standards established for licensing under that Act, or (3)
24 have been relinquished in accordance with the Abandoned
25 Newborn Infant Protection Act. A child so placed in foster
26 care who was not receiving aid under this Article in or for
27 the month in which the court proceedings leading to that
28 placement were initiated may qualify only if he lived in the
29 home of his parents or other relatives at the time the
30 proceedings were initiated, or within 6 months prior to the
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1 month of initiation, and would have received aid in and for
2 that month if application had been made therefor.
3 (b) The Illinois Department may, by rule, establish
4 those persons who are living together who must be included in
5 the same assistance unit in order to receive cash assistance
6 under this Article and the income and assets of those persons
7 in an assistance unit which must be considered in determining
8 eligibility.
9 (c) The conditions of qualification herein specified
10 shall not prejudice aid granted under this Code for foster
11 care prior to the effective date of this 1969 Amendatory Act.
12 (Source: P.A. 90-17, eff. 7-1-97.)
13 Section 92. The Abused and Neglected Child Reporting Act
14 is amended by changing Section 3 as follows:
15 (325 ILCS 5/3) (from Ch. 23, par. 2053)
16 Sec. 3. As used in this Act unless the context otherwise
17 requires:
18 "Child" means any person under the age of 18 years,
19 unless legally emancipated by reason of marriage or entry
20 into a branch of the United States armed services.
21 "Department" means Department of Children and Family
22 Services.
23 "Local law enforcement agency" means the police of a
24 city, town, village or other incorporated area or the sheriff
25 of an unincorporated area or any sworn officer of the
26 Illinois Department of State Police.
27 "Abused child" means a child whose parent or immediate
28 family member, or any person responsible for the child's
29 welfare, or any individual residing in the same home as the
30 child, or a paramour of the child's parent:
31 a. inflicts, causes to be inflicted, or allows to
32 be inflicted upon such child physical injury, by other
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1 than accidental means, which causes death, disfigurement,
2 impairment of physical or emotional health, or loss or
3 impairment of any bodily function;
4 b. creates a substantial risk of physical injury to
5 such child by other than accidental means which would be
6 likely to cause death, disfigurement, impairment of
7 physical or emotional health, or loss or impairment of
8 any bodily function;
9 c. commits or allows to be committed any sex
10 offense against such child, as such sex offenses are
11 defined in the Criminal Code of 1961, as amended, and
12 extending those definitions of sex offenses to include
13 children under 18 years of age;
14 d. commits or allows to be committed an act or acts
15 of torture upon such child;
16 e. inflicts excessive corporal punishment;
17 f. commits or allows to be committed the offense of
18 female genital mutilation, as defined in Section 12-34 of
19 the Criminal Code of 1961, against the child; or
20 g. causes to be sold, transferred, distributed, or
21 given to such child under 18 years of age, a controlled
22 substance as defined in Section 102 of the Illinois
23 Controlled Substances Act in violation of Article IV of
24 the Illinois Controlled Substances Act, except for
25 controlled substances that are prescribed in accordance
26 with Article III of the Illinois Controlled Substances
27 Act and are dispensed to such child in a manner that
28 substantially complies with the prescription.
29 A child shall not be considered abused for the sole
30 reason that the child has been relinquished in accordance
31 with the Abandoned Newborn Infant Protection Act.
32 "Neglected child" means any child who is not receiving
33 the proper or necessary nourishment or medically indicated
34 treatment including food or care not provided solely on the
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1 basis of the present or anticipated mental or physical
2 impairment as determined by a physician acting alone or in
3 consultation with other physicians or otherwise is not
4 receiving the proper or necessary support or medical or other
5 remedial care recognized under State law as necessary for a
6 child's well-being, or other care necessary for his or her
7 well-being, including adequate food, clothing and shelter; or
8 who is abandoned by his or her parents or other person
9 responsible for the child's welfare without a proper plan of
10 care; or who is a newborn infant whose blood, urine, or
11 meconium contains any amount of a controlled substance as
12 defined in subsection (f) of Section 102 of the Illinois
13 Controlled Substances Act or a metabolite thereof, with the
14 exception of a controlled substance or metabolite thereof
15 whose presence in the newborn infant is the result of medical
16 treatment administered to the mother or the newborn infant. A
17 child shall not be considered neglected for the sole reason
18 that the child's parent or other person responsible for his
19 or her welfare has left the child in the care of an adult
20 relative for any period of time. A child shall not be
21 considered neglected for the sole reason that the child has
22 been relinquished in accordance with the Abandoned Newborn
23 Infant Protection Act. A child shall not be considered
24 neglected or abused for the sole reason that such child's
25 parent or other person responsible for his or her welfare
26 depends upon spiritual means through prayer alone for the
27 treatment or cure of disease or remedial care as provided
28 under Section 4 of this Act. A child shall not be considered
29 neglected or abused solely because the child is not attending
30 school in accordance with the requirements of Article 26 of
31 The School Code, as amended.
32 "Child Protective Service Unit" means certain specialized
33 State employees of the Department assigned by the Director to
34 perform the duties and responsibilities as provided under
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1 Section 7.2 of this Act.
2 "Person responsible for the child's welfare" means the
3 child's parent; guardian; foster parent; relative caregiver;
4 any person responsible for the child's welfare in a public or
5 private residential agency or institution; any person
6 responsible for the child's welfare within a public or
7 private profit or not for profit child care facility; or any
8 other person responsible for the child's welfare at the time
9 of the alleged abuse or neglect, or any person who came to
10 know the child through an official capacity or position of
11 trust, including but not limited to health care
12 professionals, educational personnel, recreational
13 supervisors, and volunteers or support personnel in any
14 setting where children may be subject to abuse or neglect.
15 "Temporary protective custody" means custody within a
16 hospital or other medical facility or a place previously
17 designated for such custody by the Department, subject to
18 review by the Court, including a licensed foster home, group
19 home, or other institution; but such place shall not be a
20 jail or other place for the detention of criminal or juvenile
21 offenders.
22 "An unfounded report" means any report made under this
23 Act for which it is determined after an investigation that no
24 credible evidence of abuse or neglect exists.
25 "An indicated report" means a report made under this Act
26 if an investigation determines that credible evidence of the
27 alleged abuse or neglect exists.
28 "An undetermined report" means any report made under this
29 Act in which it was not possible to initiate or complete an
30 investigation on the basis of information provided to the
31 Department.
32 "Subject of report" means any child reported to the
33 central register of child abuse and neglect established under
34 Section 7.7 of this Act and his or her parent, guardian or
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1 other person responsible who is also named in the report.
2 "Perpetrator" means a person who, as a result of
3 investigation, has been determined by the Department to have
4 caused child abuse or neglect.
5 (Source: P.A. 90-239, eff. 7-28-97; 90-684, eff. 7-31-98;
6 91-802, eff. 1-1-01.)
7 Section 95. The Juvenile Court Act of 1987 is amended by
8 changing Section 2-3 as follows:
9 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
10 Sec. 2-3. Neglected or abused minor.
11 (1) Those who are neglected include:
12 (a) any minor under 18 years of age who is not
13 receiving the proper or necessary support, education as
14 required by law, or medical or other remedial care
15 recognized under State law as necessary for a minor's
16 well-being, or other care necessary for his or her
17 well-being, including adequate food, clothing and
18 shelter, or who is abandoned by his or her parents or
19 other person responsible for the minor's welfare, except
20 that a minor shall not be considered neglected for the
21 sole reason that the minor's parent or other person
22 responsible for the minor's welfare has left the minor in
23 the care of an adult relative for any period of time; or
24 (b) any minor under 18 years of age whose
25 environment is injurious to his or her welfare; or
26 (c) any newborn infant whose blood, urine, or
27 meconium contains any amount of a controlled substance as
28 defined in subsection (f) of Section 102 of the Illinois
29 Controlled Substances Act, as now or hereafter amended,
30 or a metabolite of a controlled substance, with the
31 exception of controlled substances or metabolites of such
32 substances, the presence of which in the newborn infant
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1 is the result of medical treatment administered to the
2 mother or the newborn infant; or
3 (d) any minor under the age of 14 years whose
4 parent or other person responsible for the minor's
5 welfare leaves the minor without supervision for an
6 unreasonable period of time without regard for the mental
7 or physical health, safety, or welfare of that minor.
8 Whether the minor was left without regard for the mental
9 or physical health, safety, or welfare of that minor or the
10 period of time was unreasonable shall be determined by
11 considering the following factors, including but not limited
12 to:
13 (1) the age of the minor;
14 (2) the number of minors left at the location;
15 (3) special needs of the minor, including whether
16 the minor is physically or mentally handicapped, or
17 otherwise in need of ongoing prescribed medical treatment
18 such as periodic doses of insulin or other medications;
19 (4) the duration of time in which the minor was
20 left without supervision;
21 (5) the condition and location of the place where
22 the minor was left without supervision;
23 (6) the time of day or night when the minor was
24 left without supervision;
25 (7) the weather conditions, including whether the
26 minor was left in a location with adequate protection
27 from the natural elements such as adequate heat or light;
28 (8) the location of the parent or guardian at the
29 time the minor was left without supervision, the physical
30 distance the minor was from the parent or guardian at the
31 time the minor was without supervision;
32 (9) whether the minor's movement was restricted, or
33 the minor was otherwise locked within a room or other
34 structure;
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1 (10) whether the minor was given a phone number of
2 a person or location to call in the event of an emergency
3 and whether the minor was capable of making an emergency
4 call;
5 (11) whether there was food and other provision
6 left for the minor;
7 (12) whether any of the conduct is attributable to
8 economic hardship or illness and the parent, guardian or
9 other person having physical custody or control of the
10 child made a good faith effort to provide for the health
11 and safety of the minor;
12 (13) the age and physical and mental capabilities
13 of the person or persons who provided supervision for the
14 minor;
15 (14) whether the minor was left under the
16 supervision of another person;
17 (15) any other factor that would endanger the
18 health and safety of that particular minor.
19 A minor shall not be considered neglected for the sole
20 reason that the minor has been relinquished in accordance
21 with the Abandoned Newborn Infant Protection Act.
22 (2) Those who are abused include any minor under 18
23 years of age whose parent or immediate family member, or any
24 person responsible for the minor's welfare, or any person who
25 is in the same family or household as the minor, or any
26 individual residing in the same home as the minor, or a
27 paramour of the minor's parent:
28 (i) inflicts, causes to be inflicted, or allows to
29 be inflicted upon such minor physical injury, by other
30 than accidental means, which causes death, disfigurement,
31 impairment of physical or emotional health, or loss or
32 impairment of any bodily function;
33 (ii) creates a substantial risk of physical injury
34 to such minor by other than accidental means which would
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1 be likely to cause death, disfigurement, impairment of
2 emotional health, or loss or impairment of any bodily
3 function;
4 (iii) commits or allows to be committed any sex
5 offense against such minor, as such sex offenses are
6 defined in the Criminal Code of 1961, as amended, and
7 extending those definitions of sex offenses to include
8 minors under 18 years of age;
9 (iv) commits or allows to be committed an act or
10 acts of torture upon such minor; or
11 (v) inflicts excessive corporal punishment.
12 A minor shall not be considered abused for the sole
13 reason that the minor has been relinquished in accordance
14 with the Abandoned Newborn Infant Protection Act.
15 (3) This Section does not apply to a minor who would be
16 included herein solely for the purpose of qualifying for
17 financial assistance for himself, his parents, guardian or
18 custodian.
19 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
20 Section 96. The Criminal Code of 1961 is amended by
21 changing Sections 12-21.5 and 12-21.6 as follows:
22 (720 ILCS 5/12-21.5)
23 Sec. 12-21.5. Child Abandonment.
24 (a) A person commits the offense of child abandonment
25 when he or she, as a parent, guardian, or other person having
26 physical custody or control of a child, without regard for
27 the mental or physical health, safety, or welfare of that
28 child, knowingly leaves that child who is under the age of 13
29 without supervision by a responsible person over the age of
30 14 for a period of 24 hours or more, except that a person
31 does not commit the offense of child abandonment when he or
32 she relinquishes a child in accordance with the Abandoned
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1 Newborn Infant Protection Act.
2 (b) For the purposes of determining whether the child
3 was left without regard for the mental or physical health,
4 safety, or welfare of that child, the trier of fact shall
5 consider the following factors:
6 (1) the age of the child;
7 (2) the number of children left at the location;
8 (3) special needs of the child, including whether
9 the child is physically or mentally handicapped, or
10 otherwise in need of ongoing prescribed medical treatment
11 such as periodic doses of insulin or other medications;
12 (4) the duration of time in which the child was
13 left without supervision;
14 (5) the condition and location of the place where
15 the child was left without supervision;
16 (6) the time of day or night when the child was
17 left without supervision;
18 (7) the weather conditions, including whether the
19 child was left in a location with adequate protection
20 from the natural elements such as adequate heat or light;
21 (8) the location of the parent, guardian, or other
22 person having physical custody or control of the child at
23 the time the child was left without supervision, the
24 physical distance the child was from the parent,
25 guardian, or other person having physical custody or
26 control of the child at the time the child was without
27 supervision;
28 (9) whether the child's movement was restricted, or
29 the child was otherwise locked within a room or other
30 structure;
31 (10) whether the child was given a phone number of
32 a person or location to call in the event of an emergency
33 and whether the child was capable of making an emergency
34 call;
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1 (11) whether there was food and other provision
2 left for the child;
3 (12) whether any of the conduct is attributable to
4 economic hardship or illness and the parent, guardian or
5 other person having physical custody or control of the
6 child made a good faith effort to provide for the health
7 and safety of the child;
8 (13) the age and physical and mental capabilities
9 of the person or persons who provided supervision for the
10 child;
11 (14) any other factor that would endanger the
12 health or safety of that particular child;
13 (15) whether the child was left under the
14 supervision of another person.
15 (d) Child abandonment is a Class 4 felony. A second or
16 subsequent offense after a prior conviction is a Class 3
17 felony.
18 (Source: P.A. 88-479.)
19 (720 ILCS 5/12-21.6)
20 Sec. 12-21.6. Endangering the life or health of a child.
21 (a) It is unlawful for any person to willfully cause or
22 permit the life or health of a child under the age of 18 to
23 be endangered or to willfully cause or permit a child to be
24 placed in circumstances that endanger the child's life or
25 health, except that it is not unlawful for a person to
26 relinquish a child in accordance with the Abandoned Newborn
27 Infant Protection Act.
28 (b) A violation of this Section is a Class A
29 misdemeanor. A second or subsequent violation of this
30 Section is a Class 3 felony. A violation of this Section
31 that is a proximate cause of the death of the child is a
32 Class 3 felony for which a person, if sentenced to a term of
33 imprisonment, shall be sentenced to a term of not less than 2
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1 years and not more than 10 years.
2 (Source: P.A. 90-687, eff. 7-31-98.)
3 Section 96.5. The Neglected Children Offense Act is
4 amended by changing Section 2 as follows:
5 (720 ILCS 130/2) (from Ch. 23, par. 2361)
6 Sec. 2. Any parent, legal guardian or person having the
7 custody of a child under the age of 18 years, who knowingly
8 or wilfully causes, aids or encourages such person to be or
9 to become a dependent and neglected child as defined in
10 section 1, who knowingly or wilfully does acts which directly
11 tend to render any such child so dependent and neglected, or
12 who knowingly or wilfully fails to do that which will
13 directly tend to prevent such state of dependency and neglect
14 is guilty of the Class A misdemeanor of contributing to the
15 dependency and neglect of children, except that a person who
16 relinquishes a child in accordance with the Abandoned Newborn
17 Infant Protection Act is not guilty of that misdemeanor.
18 Instead of imposing the punishment hereinbefore provided, the
19 court may release the defendant from custody on probation for
20 one year upon his or her entering into recognizance with or
21 without surety in such sum as the court directs. The
22 conditions of the recognizance shall be such that if the
23 defendant appears personally in court whenever ordered to do
24 so within the year and provides and cares for such neglected
25 and dependent child in such manner as to prevent a
26 continuance or repetition of such state of dependency and
27 neglect or as otherwise may be directed by the court then the
28 recognizance shall be void, otherwise it shall be of full
29 force and effect. If the court is satisfied by information
30 and due proof under oath that at any time during the year the
31 defendant has violated the terms of such order it may
32 forthwith revoke the order and sentence him or her under the
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1 original conviction. Unless so sentenced, the defendant shall
2 at the end of the year be discharged. In case of forfeiture
3 on the recognizance the sum recovered thereon may in the
4 discretion of the court be paid in whole or in part to
5 someone designated by the court for the support of such
6 dependent and neglected child.
7 (Source: P.A. 77-2350.)
8 Section 97. The Adoption Act is amended by changing
9 Section 1 as follows:
10 (750 ILCS 50/1) (from Ch. 40, par. 1501)
11 Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13 A. "Child" means a person under legal age subject to
14 adoption under this Act.
15 B. "Related child" means a child subject to adoption
16 where either or both of the adopting parents stands in any of
17 the following relationships to the child by blood or
18 marriage: parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
22 adoption or a final irrevocable surrender for purposes of
23 adoption, or whose parent has had his or her parental rights
24 terminated, is not a related child to that person, unless the
25 consent is determined to be void or is void pursuant to
26 subsection O of Section 10.
27 C. "Agency" for the purpose of this Act means a public
28 child welfare agency or a licensed child welfare agency.
29 D. "Unfit person" means any person whom the court shall
30 find to be unfit to have a child, without regard to the
31 likelihood that the child will be placed for adoption. The
32 grounds of unfitness are any one or more of the following,
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1 except that a person shall not be considered an unfit person
2 for the sole reason that the person has relinquished a child
3 in accordance with the Abandoned Newborn Infant Protection
4 Act:
5 (a) Abandonment of the child.
6 (a-1) Abandonment of a newborn infant in a
7 hospital.
8 (a-2) Abandonment of a newborn infant in any
9 setting where the evidence suggests that the parent
10 intended to relinquish his or her parental rights.
11 (b) Failure to maintain a reasonable degree of
12 interest, concern or responsibility as to the child's
13 welfare.
14 (c) Desertion of the child for more than 3 months
15 next preceding the commencement of the Adoption
16 proceeding.
17 (d) Substantial neglect of the child if continuous
18 or repeated.
19 (d-1) Substantial neglect, if continuous or
20 repeated, of any child residing in the household which
21 resulted in the death of that child.
22 (e) Extreme or repeated cruelty to the child.
23 (f) Two or more findings of physical abuse to any
24 children under Section 4-8 of the Juvenile Court Act or
25 Section 2-21 of the Juvenile Court Act of 1987, the most
26 recent of which was determined by the juvenile court
27 hearing the matter to be supported by clear and
28 convincing evidence; a criminal conviction or a finding
29 of not guilty by reason of insanity resulting from the
30 death of any child by physical child abuse; or a finding
31 of physical child abuse resulting from the death of any
32 child under Section 4-8 of the Juvenile Court Act or
33 Section 2-21 of the Juvenile Court Act of 1987.
34 (g) Failure to protect the child from conditions
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1 within his environment injurious to the child's welfare.
2 (h) Other neglect of, or misconduct toward the
3 child; provided that in making a finding of unfitness the
4 court hearing the adoption proceeding shall not be bound
5 by any previous finding, order or judgment affecting or
6 determining the rights of the parents toward the child
7 sought to be adopted in any other proceeding except such
8 proceedings terminating parental rights as shall be had
9 under either this Act, the Juvenile Court Act or the
10 Juvenile Court Act of 1987.
11 (i) Depravity. Conviction of any one of the
12 following crimes shall create a presumption that a parent
13 is depraved which can be overcome only by clear and
14 convincing evidence: (1) first degree murder in violation
15 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
16 the Criminal Code of 1961 or conviction of second degree
17 murder in violation of subsection (a) of Section 9-2 of
18 the Criminal Code of 1961 of a parent of the child to be
19 adopted; (2) first degree murder or second degree murder
20 of any child in violation of the Criminal Code of 1961;
21 (3) attempt or conspiracy to commit first degree murder
22 or second degree murder of any child in violation of the
23 Criminal Code of 1961; (4) solicitation to commit murder
24 of any child, solicitation to commit murder of any child
25 for hire, or solicitation to commit second degree murder
26 of any child in violation of the Criminal Code of 1961;
27 or (5) aggravated criminal sexual assault in violation of
28 Section 12-14(b)(1) of the Criminal Code of 1961.
29 There is a rebuttable presumption that a parent is
30 depraved if the parent has been criminally convicted of
31 at least 3 felonies under the laws of this State or any
32 other state, or under federal law, or the criminal laws
33 of any United States territory; and at least one of these
34 convictions took place within 5 years of the filing of
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1 the petition or motion seeking termination of parental
2 rights.
3 There is a rebuttable presumption that a parent is
4 depraved if that parent has been criminally convicted of
5 either first or second degree murder of any person as
6 defined in the Criminal Code of 1961 within 10 years of
7 the filing date of the petition or motion to terminate
8 parental rights.
9 (j) Open and notorious adultery or fornication.
10 (j-1) (Blank).
11 (k) Habitual drunkenness or addiction to drugs,
12 other than those prescribed by a physician, for at least
13 one year immediately prior to the commencement of the
14 unfitness proceeding.
15 There is a rebuttable presumption that a parent is
16 unfit under this subsection with respect to any child to
17 which that parent gives birth where there is a confirmed
18 test result that at birth the child's blood, urine, or
19 meconium contained any amount of a controlled substance
20 as defined in subsection (f) of Section 102 of the
21 Illinois Controlled Substances Act or metabolites of such
22 substances, the presence of which in the newborn infant
23 was not the result of medical treatment administered to
24 the mother or the newborn infant; and the biological
25 mother of this child is the biological mother of at least
26 one other child who was adjudicated a neglected minor
27 under subsection (c) of Section 2-3 of the Juvenile Court
28 Act of 1987.
29 (l) Failure to demonstrate a reasonable degree of
30 interest, concern or responsibility as to the welfare of
31 a new born child during the first 30 days after its
32 birth.
33 (m) Failure by a parent (i) to make reasonable
34 efforts to correct the conditions that were the basis for
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1 the removal of the child from the parent, or (ii) to make
2 reasonable progress toward the return of the child to the
3 parent within 9 months after an adjudication of neglected
4 or abused minor under Section 2-3 of the Juvenile Court
5 Act of 1987 or dependent minor under Section 2-4 of that
6 Act, or (iii) to make reasonable progress toward the
7 return of the child to the parent during any 9-month
8 period after the end of the initial 9-month period
9 following the adjudication of neglected or abused minor
10 under Section 2-3 of the Juvenile Court Act of 1987 or
11 dependent minor under Section 2-4 of that Act. If a
12 service plan has been established as required under
13 Section 8.2 of the Abused and Neglected Child Reporting
14 Act to correct the conditions that were the basis for the
15 removal of the child from the parent and if those
16 services were available, then, for purposes of this Act,
17 "failure to make reasonable progress toward the return of
18 the child to the parent" includes (I) the parent's
19 failure to substantially fulfill his or her obligations
20 under the service plan and correct the conditions that
21 brought the child into care within 9 months after the
22 adjudication under Section 2-3 or 2-4 of the Juvenile
23 Court Act of 1987 and (II) the parent's failure to
24 substantially fulfill his or her obligations under the
25 service plan and correct the conditions that brought the
26 child into care during any 9-month period after the end
27 of the initial 9-month period following the adjudication
28 under Section 2-3 or 2-4 of the Juvenile Court Act of
29 1987.
30 (m-1) Pursuant to the Juvenile Court Act of 1987, a
31 child has been in foster care for 15 months out of any 22
32 month period which begins on or after the effective date
33 of this amendatory Act of 1998 unless the child's parent
34 can prove by a preponderance of the evidence that it is
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1 more likely than not that it will be in the best
2 interests of the child to be returned to the parent
3 within 6 months of the date on which a petition for
4 termination of parental rights is filed under the
5 Juvenile Court Act of 1987. The 15 month time limit is
6 tolled during any period for which there is a court
7 finding that the appointed custodian or guardian failed
8 to make reasonable efforts to reunify the child with his
9 or her family, provided that (i) the finding of no
10 reasonable efforts is made within 60 days of the period
11 when reasonable efforts were not made or (ii) the parent
12 filed a motion requesting a finding of no reasonable
13 efforts within 60 days of the period when reasonable
14 efforts were not made. For purposes of this subdivision
15 (m-1), the date of entering foster care is the earlier
16 of: (i) the date of a judicial finding at an adjudicatory
17 hearing that the child is an abused, neglected, or
18 dependent minor; or (ii) 60 days after the date on which
19 the child is removed from his or her parent, guardian, or
20 legal custodian.
21 (n) Evidence of intent to forgo his or her parental
22 rights, whether or not the child is a ward of the court,
23 (1) as manifested by his or her failure for a period of
24 12 months: (i) to visit the child, (ii) to communicate
25 with the child or agency, although able to do so and not
26 prevented from doing so by an agency or by court order,
27 or (iii) to maintain contact with or plan for the future
28 of the child, although physically able to do so, or (2)
29 as manifested by the father's failure, where he and the
30 mother of the child were unmarried to each other at the
31 time of the child's birth, (i) to commence legal
32 proceedings to establish his paternity under the Illinois
33 Parentage Act of 1984 or the law of the jurisdiction of
34 the child's birth within 30 days of being informed,
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1 pursuant to Section 12a of this Act, that he is the
2 father or the likely father of the child or, after being
3 so informed where the child is not yet born, within 30
4 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
8 to consider in its determination all relevant
9 circumstances, including the financial condition of both
10 parents; provided that the ground for termination
11 provided in this subparagraph (n)(2)(ii) shall only be
12 available where the petition is brought by the mother or
13 the husband of the mother.
14 Contact or communication by a parent with his or her
15 child that does not demonstrate affection and concern
16 does 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
23 not preclude a determination that the parent has intended
24 to forgo his or her parental rights. In making this
25 determination, the court may consider but shall not
26 require a showing of diligent efforts by an authorized
27 agency to encourage the parent to perform the acts
28 specified in subdivision (n).
29 It shall be an affirmative defense to any allegation
30 under paragraph (2) of this subsection that the father's
31 failure was due to circumstances beyond his control or to
32 impediments created by the mother or any other person
33 having legal custody. Proof of that fact need only be by
34 a preponderance of the evidence.
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1 (o) Repeated or continuous failure by the parents,
2 although physically and financially able, to provide the
3 child with adequate food, clothing, or shelter.
4 (p) Inability to discharge parental
5 responsibilities supported by competent evidence from a
6 psychiatrist, licensed clinical social worker, or
7 clinical psychologist of mental impairment, mental
8 illness or mental retardation as defined in Section 1-116
9 of the Mental Health and Developmental Disabilities Code,
10 or developmental disability as defined in Section 1-106
11 of that Code, and there is sufficient justification to
12 believe that the inability to discharge parental
13 responsibilities shall extend beyond a reasonable time
14 period. However, this subdivision (p) shall not be
15 construed so as to permit a licensed clinical social
16 worker to conduct any medical diagnosis to determine
17 mental illness or mental impairment.
18 (q) The parent has been criminally convicted of
19 aggravated battery, heinous battery, or attempted murder
20 of any child.
21 (r) The child is in the temporary custody or
22 guardianship of the Department of Children and Family
23 Services, the parent is incarcerated as a result of
24 criminal conviction at the time the petition or motion
25 for termination of parental rights is filed, prior to
26 incarceration the parent had little or no contact with
27 the child or provided little or no support for the child,
28 and the parent's incarceration will prevent the parent
29 from discharging his or her parental responsibilities for
30 the child for a period in excess of 2 years after the
31 filing of the petition or motion for termination of
32 parental rights.
33 (s) The child is in the temporary custody or
34 guardianship of the Department of Children and Family
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1 Services, the parent is incarcerated at the time the
2 petition or motion for termination of parental rights is
3 filed, the parent has been repeatedly incarcerated as a
4 result of criminal convictions, and the parent's repeated
5 incarceration has prevented the parent from discharging
6 his or her parental responsibilities for the child.
7 (t) A finding that at birth the child's blood,
8 urine, or meconium contained any amount of a controlled
9 substance as defined in subsection (f) of Section 102 of
10 the Illinois Controlled Substances Act, or a metabolite
11 of a controlled substance, with the exception of
12 controlled substances or metabolites of such substances,
13 the presence of which in the newborn infant was the
14 result of medical treatment administered to the mother or
15 the newborn infant, and that the biological mother of
16 this child is the biological mother of at least one other
17 child who was adjudicated a neglected minor under
18 subsection (c) of Section 2-3 of the Juvenile Court Act
19 of 1987, after which the biological mother had the
20 opportunity to enroll in and participate in a clinically
21 appropriate substance abuse counseling, treatment, and
22 rehabilitation program.
23 E. "Parent" means the father or mother of a legitimate
24 or illegitimate child. For the purpose of this Act, a person
25 who has executed a final and irrevocable consent to adoption
26 or a final and irrevocable surrender for purposes of
27 adoption, or whose parental rights have been terminated by a
28 court, is not a parent of the child who was the subject of
29 the consent or surrender, unless the consent is void pursuant
30 to subsection O of Section 10.
31 F. A person is available for adoption when the person
32 is:
33 (a) a child who has been surrendered for adoption
34 to an agency and to whose adoption the agency has
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1 thereafter consented;
2 (b) a child to whose adoption a person authorized
3 by law, other than his parents, has consented, or to
4 whose adoption no consent is required pursuant to Section
5 8 of this Act;
6 (c) a child who is in the custody of persons who
7 intend to adopt him through placement made by his
8 parents;
9 (c-1) a child for whom a parent has signed a
10 specific consent pursuant to subsection O of Section 10;
11 or
12 (d) an adult who meets the conditions set forth in
13 Section 3 of this Act; or.
14 (e) a child who has been relinquished as defined in
15 Section 10 of the Abandoned Newborn Infant Protection
16 Act.
17 A person who would otherwise be available for adoption
18 shall not be deemed unavailable for adoption solely by reason
19 of his or her death.
20 G. The singular includes the plural and the plural
21 includes the singular and the "male" includes the "female",
22 as the context of this Act may require.
23 H. "Adoption disruption" occurs when an adoptive
24 placement does not prove successful and it becomes necessary
25 for the child to be removed from placement before the
26 adoption is finalized.
27 I. "Foreign placing agency" is an agency or individual
28 operating in a country or territory outside the United States
29 that is authorized by its country to place children for
30 adoption either directly with families in the United States
31 or through United States based international agencies.
32 J. "Immediate relatives" means the biological parents,
33 the parents of the biological parents and siblings of the
34 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.
3 L. "Intercountry Adoption Coordinator" is a staff person
4 of the Department of Children and Family Services appointed
5 by the Director to coordinate the provision of services by
6 the public and private sector to prospective parents of
7 foreign-born children.
8 M. "Interstate Compact on the Placement of Children" is
9 a law enacted by most states for the purpose of establishing
10 uniform procedures for handling the interstate placement of
11 children in foster homes, adoptive homes, or other child care
12 facilities.
13 N. "Non-Compact state" means a state that has not
14 enacted the Interstate Compact on the Placement of Children.
15 O. "Preadoption requirements" are any conditions
16 established by the laws or regulations of the Federal
17 Government or of each state that must be met prior to the
18 placement of a child in an adoptive home.
19 P. "Abused child" means a child whose parent or
20 immediate family member, or any person responsible for the
21 child's welfare, or any individual residing in the same home
22 as the child, or a paramour of the child's parent:
23 (a) inflicts, causes to be inflicted, or allows to
24 be inflicted upon the child physical injury, by other
25 than accidental means, that causes death, disfigurement,
26 impairment of physical or emotional health, or loss or
27 impairment of any bodily function;
28 (b) creates a substantial risk of physical injury
29 to the child by other than accidental means which would
30 be likely to cause death, disfigurement, impairment of
31 physical or emotional health, or loss or impairment of
32 any bodily function;
33 (c) commits or allows to be committed any sex
34 offense against the child, as sex offenses are defined in
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1 the Criminal Code of 1961 and extending those definitions
2 of sex offenses to include children under 18 years of
3 age;
4 (d) commits or allows to be committed an act or
5 acts of torture upon the child; or
6 (e) inflicts excessive corporal punishment.
7 Q. "Neglected child" means any child whose parent or
8 other person responsible for the child's welfare withholds or
9 denies nourishment or medically indicated treatment including
10 food or care denied solely on the basis of the present or
11 anticipated mental or physical impairment as determined by a
12 physician acting alone or in consultation with other
13 physicians or otherwise does not provide the proper or
14 necessary support, education as required by law, or medical
15 or other remedial care recognized under State law as
16 necessary for a child's well-being, or other care necessary
17 for his or her well-being, including adequate food, clothing
18 and shelter; or who is abandoned by his or her parents or
19 other person responsible for the child's welfare.
20 A child shall not be considered neglected or abused for
21 the sole reason that the child's parent or other person
22 responsible for his or her welfare depends upon spiritual
23 means through prayer alone for the treatment or cure of
24 disease or remedial care as provided under Section 4 of the
25 Abused and Neglected Child Reporting Act.
26 R. "Putative father" means a man who may be a child's
27 father, but who (1) is not married to the child's mother on
28 or before the date that the child was or is to be born and
29 (2) has not established paternity of the child in a court
30 proceeding before the filing of a petition for the adoption
31 of the child. The term includes a male who is less than 18
32 years of age. "Putative father" does not mean a man who is
33 the child's father as a result of criminal sexual abuse or
34 assault as defined under Article 12 of the Criminal Code of
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1 1961.
2 S. "Standby adoption" means an adoption in which a
3 terminally ill parent consents to custody and termination of
4 parental rights to become effective upon the occurrence of a
5 future event, which is either the death of the terminally ill
6 parent or the request of the parent for the entry of a final
7 judgment of adoption.
8 T. "Terminally ill parent" means a person who has a
9 medical prognosis by a physician licensed to practice
10 medicine in all of its branches that the person has an
11 incurable and irreversible condition which will lead to
12 death.
13 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97;
14 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
15 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
16 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357,
17 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00;
18 revised 8-31-99.)
19 Section 999. Effective date. This Act takes effect upon
20 becoming law.
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