Bill Text: IL SB0218 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill. Amends the Adoption Act. Adds to the offenses which create a presumption that a parent is depraved for purposes of the Act: (1) aggravated criminal sexual assault, (2) a person who commits criminal sexual abuse by the use of force or threat of force, (3) sexual exploitation of a child, (4) permitting sexual abuse of a child, and (5) any other similar offense in another state.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0529 [SB0218 Detail]
Download: Illinois-2019-SB0218-Engrossed.html
Bill Title: Reinserts the provisions of the introduced bill. Amends the Adoption Act. Adds to the offenses which create a presumption that a parent is depraved for purposes of the Act: (1) aggravated criminal sexual assault, (2) a person who commits criminal sexual abuse by the use of force or threat of force, (3) sexual exploitation of a child, (4) permitting sexual abuse of a child, and (5) any other similar offense in another state.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0529 [SB0218 Detail]
Download: Illinois-2019-SB0218-Engrossed.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 2-13 as follows:
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6 | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
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7 | Sec. 2-13. Petition.
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8 | (1) Any adult person, any agency or association by its
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9 | representative may file, or the court on its own motion, | ||||||
10 | consistent with the
health, safety and best interests of the | ||||||
11 | minor may direct the
filing through the State's Attorney of a | ||||||
12 | petition in respect of a minor
under this Act. The petition and | ||||||
13 | all subsequent court documents shall be
entitled "In the | ||||||
14 | interest of ...., a minor".
| ||||||
15 | (2) The petition shall be verified but the statements may | ||||||
16 | be made
upon information and belief. It shall allege that the | ||||||
17 | minor is
abused, neglected, or dependent, with citations to the | ||||||
18 | appropriate
provisions of this Act,
and set forth (a) facts | ||||||
19 | sufficient to bring the minor
under Section 2-3 or 2-4 and to | ||||||
20 | inform respondents of the cause of action,
including, but not | ||||||
21 | limited to, a plain and concise statement of the factual
| ||||||
22 | allegations that form the basis for the filing of the petition; | ||||||
23 | (b) the name,
age and residence of the minor; (c) the names and |
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1 | residences of his parents;
(d) the name and residence of his
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2 | legal guardian or the person or persons having custody or | ||||||
3 | control of the
minor, or of the nearest known relative if no | ||||||
4 | parent or guardian can be
found; and (e) if the minor upon | ||||||
5 | whose behalf the petition is brought is
sheltered in custody, | ||||||
6 | the date on which such temporary custody
was ordered by the
| ||||||
7 | court or the date set for a temporary custody hearing. If any | ||||||
8 | of the facts
herein required are not known by the petitioner, | ||||||
9 | the petition shall so
state.
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10 | (3) The petition must allege that it is in the best | ||||||
11 | interests of the
minor and of the public that he be adjudged a | ||||||
12 | ward of the court and may
pray generally for relief available | ||||||
13 | under this Act. The petition need
not specify any proposed | ||||||
14 | disposition following adjudication of wardship. The petition | ||||||
15 | may request that the minor remain in the custody of the parent, | ||||||
16 | guardian, or custodian under an Order of Protection.
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17 | (4) If termination of parental rights and appointment of a | ||||||
18 | guardian of the
person with power to consent to adoption of the | ||||||
19 | minor under Section 2-29 is
sought, the petition shall so | ||||||
20 | state. If the petition includes this request,
the prayer for | ||||||
21 | relief shall clearly and obviously state that the parents could
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22 | permanently lose their rights as a parent at this hearing.
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23 | In addition to the foregoing, the petitioner, by motion, | ||||||
24 | may request the
termination of parental rights and appointment | ||||||
25 | of a guardian of the person with
power to consent to adoption | ||||||
26 | of the minor under Section 2-29 at any time after
the entry of |
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1 | a dispositional order under Section 2-22.
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2 | (4.5) (a) Unless good cause exists that filing a petition | ||||||
3 | to terminate parental rights is contrary to the child's best | ||||||
4 | interests, with respect to any minors committed to its care | ||||||
5 | pursuant to
this Act, the Department of Children and Family | ||||||
6 | Services shall request the
State's Attorney to file a petition | ||||||
7 | or motion for termination of parental
rights and appointment of | ||||||
8 | guardian of the person with power to consent to
adoption of the | ||||||
9 | minor under Section 2-29 if:
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10 | (i) a minor has been in foster care, as described in | ||||||
11 | subsection (b), for
15 months of the most recent 22 months; | ||||||
12 | or
| ||||||
13 | (ii) a minor under the age of 2 years has been | ||||||
14 | previously determined to be
abandoned at an adjudicatory | ||||||
15 | hearing; or
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16 | (iii) the parent is criminally convicted of : | ||||||
17 | (A) first degree murder or
second degree murder of | ||||||
18 | any child ; , | ||||||
19 | (B) attempt or conspiracy to commit first
degree | ||||||
20 | murder or second degree murder of any child ; , | ||||||
21 | (C) solicitation to commit
murder of any child, | ||||||
22 | solicitation to commit murder for hire of any child, or
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23 | solicitation to
commit second degree murder of any | ||||||
24 | child ; , | ||||||
25 | (D)
aggravated battery, aggravated battery of a | ||||||
26 | child, or felony domestic battery,
any of which has |
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1 | resulted in serious injury to the minor or a sibling of | ||||||
2 | the
minor ; , | ||||||
3 | (E) predatory criminal sexual assault of a child; | ||||||
4 | aggravated criminal sexual assault in
violation of | ||||||
5 | subdivision (a)(1) of Section 11-1.40 or subdivision | ||||||
6 | (a)(1) of Section 12-14.1 of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012,
or | ||||||
8 | (E-5) aggravated criminal sexual assault; | ||||||
9 | (E-10) criminal sexual abuse in violation of | ||||||
10 | subsection (a) of Section 11-1.50 of the Criminal Code | ||||||
11 | of 1961 or the Criminal Code of 2012; | ||||||
12 | (E-15) sexual exploitation of a child; | ||||||
13 | (E-20) permitting sexual abuse of a child; | ||||||
14 | (E-25) criminal sexual assault; or | ||||||
15 | (F) an offense in any other state the elements of | ||||||
16 | which are similar and bear a
substantial relationship | ||||||
17 | to any of the foregoing offenses.
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18 | (a-1) For purposes of this subsection (4.5), good cause | ||||||
19 | exists in the following circumstances: | ||||||
20 | (i) the child
is being cared for by a relative,
| ||||||
21 | (ii) the Department has documented in the
case plan a | ||||||
22 | compelling reason for determining that filing such | ||||||
23 | petition would
not be in the best interests of the child,
| ||||||
24 | (iii) the court has found within the
preceding 12 | ||||||
25 | months that the Department has failed to make reasonable | ||||||
26 | efforts
to reunify the child and family, or
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1 | (iv) the parent is incarcerated, or the parent's prior | ||||||
2 | incarceration is a significant factor in why the child has | ||||||
3 | been in foster care for 15 months out of
any 22-month | ||||||
4 | period, the parent maintains a meaningful role in the | ||||||
5 | child's life, and the Department has not documented another | ||||||
6 | reason why it would otherwise be appropriate to file a | ||||||
7 | petition to terminate parental rights pursuant to this | ||||||
8 | Section and the Adoption Act. The assessment of whether an | ||||||
9 | incarcerated parent maintains a meaningful role in the | ||||||
10 | child's life may include consideration of the following:
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11 | (A) the child's best interest; | ||||||
12 | (B) the parent's expressions or acts of | ||||||
13 | manifesting concern for the child, such as letters, | ||||||
14 | telephone calls, visits, and other forms of | ||||||
15 | communication with the child and the impact of the | ||||||
16 | communication on the child; | ||||||
17 | (C) the parent's efforts to communicate with and | ||||||
18 | work with the Department for the purpose of complying | ||||||
19 | with the service plan and repairing, maintaining, or | ||||||
20 | building the parent-child relationship; or | ||||||
21 | (D) limitations in the parent's access to family | ||||||
22 | support programs, therapeutic services, visiting | ||||||
23 | opportunities, telephone and mail services, and | ||||||
24 | meaningful participation in court proceedings. | ||||||
25 | (b) For purposes of this subsection, the date of entering | ||||||
26 | foster care is
defined as the earlier of:
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1 | (1) The date of a judicial finding at an adjudicatory | ||||||
2 | hearing that the
child is an abused, neglected, or | ||||||
3 | dependent minor; or
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4 | (2) 60 days after the date on which the child is | ||||||
5 | removed from his or her
parent, guardian, or legal | ||||||
6 | custodian.
| ||||||
7 | (c) (Blank).
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8 | (d) (Blank).
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9 | (5) The court shall liberally allow the petitioner to amend | ||||||
10 | the petition to
set forth a cause of action or to add, amend, | ||||||
11 | or supplement factual allegations
that form the basis for a | ||||||
12 | cause of action up until 14 days before the
adjudicatory | ||||||
13 | hearing. The petitioner may amend the petition after that date
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14 | and prior to the adjudicatory hearing if the court grants leave | ||||||
15 | to amend upon a
showing of good cause.
The court may allow | ||||||
16 | amendment of the
petition to conform with the evidence at any | ||||||
17 | time prior to ruling. In all
cases in which the court has | ||||||
18 | granted leave to amend based on new evidence or
new | ||||||
19 | allegations, the court shall permit
the respondent an adequate | ||||||
20 | opportunity to prepare a defense to the amended
petition.
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21 | (6) At any time before dismissal of the petition or before | ||||||
22 | final closing
and discharge under Section 2-31, one or more | ||||||
23 | motions in the best interests of
the minor may be filed. The | ||||||
24 | motion shall specify sufficient facts in support
of the relief | ||||||
25 | requested.
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26 | (Source: P.A. 99-836, eff. 1-1-17 .)
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1 | Section 10. The Adoption Act is amended by changing Section | ||||||
2 | 1 as follows:
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3 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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4 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
5 | context
otherwise requires:
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6 | A. "Child" means a person under legal age subject to | ||||||
7 | adoption under
this Act.
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8 | B. "Related child" means a child subject to adoption where | ||||||
9 | either or both of
the adopting parents stands in any of the | ||||||
10 | following relationships to the child
by blood, marriage, | ||||||
11 | adoption, or civil union: parent, grand-parent, | ||||||
12 | great-grandparent, brother, sister, step-parent,
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13 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
14 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
15 | person is related to the child as a first cousin or second | ||||||
16 | cousin if they are both related to the same ancestor as either | ||||||
17 | grandchild or great-grandchild. A child whose parent has | ||||||
18 | executed
a consent to adoption, a surrender, or a waiver | ||||||
19 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
20 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
21 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
22 | her parental rights
terminated, is not a related child to that | ||||||
23 | person, unless (1) the consent is
determined to be void or is | ||||||
24 | void pursuant to subsection O of Section 10 of this Act;
or (2) |
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1 | the parent of the child executed a consent to adoption by a | ||||||
2 | specified person or persons pursuant to subsection A-1 of | ||||||
3 | Section 10 of this Act and a court of competent jurisdiction | ||||||
4 | finds that such consent is void; or (3) the order terminating | ||||||
5 | the parental rights of the parent is vacated by a court of | ||||||
6 | competent jurisdiction.
| ||||||
7 | C. "Agency" for the purpose of this Act means a public | ||||||
8 | child welfare agency
or a licensed child welfare agency.
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9 | D. "Unfit person" means any person whom the court shall | ||||||
10 | find to be unfit
to have a child, without regard to the | ||||||
11 | likelihood that the child will be
placed for adoption. The | ||||||
12 | grounds of unfitness are any one or more
of the following, | ||||||
13 | except that a person shall not be considered an unfit
person | ||||||
14 | for the sole reason that the person has relinquished a child in
| ||||||
15 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
16 | (a) Abandonment of the child.
| ||||||
17 | (a-1) Abandonment of a newborn infant in a hospital.
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18 | (a-2) Abandonment of a newborn infant in any setting | ||||||
19 | where the evidence
suggests that the parent intended to | ||||||
20 | relinquish his or her parental rights.
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21 | (b) Failure to maintain a reasonable degree of | ||||||
22 | interest, concern or
responsibility as to the child's | ||||||
23 | welfare.
| ||||||
24 | (c) Desertion of the child for more than 3 months next | ||||||
25 | preceding the
commencement of the Adoption proceeding.
| ||||||
26 | (d) Substantial neglect
of the
child if continuous or |
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1 | repeated.
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2 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
3 | of any child
residing in the household which resulted in | ||||||
4 | the death of that child.
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5 | (e) Extreme or repeated cruelty to the child.
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6 | (f) There is a rebuttable presumption, which can be | ||||||
7 | overcome only by clear and convincing evidence, that a | ||||||
8 | parent is unfit if:
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9 | (1) Two or more findings of physical abuse have | ||||||
10 | been entered regarding any children under Section 2-21 | ||||||
11 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
12 | which was determined by the juvenile court
hearing the | ||||||
13 | matter to be supported by clear and convincing | ||||||
14 | evidence; or | ||||||
15 | (2) The parent has been convicted or found not | ||||||
16 | guilty by reason of insanity and the conviction or | ||||||
17 | finding resulted from the death of any child by | ||||||
18 | physical abuse; or
| ||||||
19 | (3) There is a finding of physical child abuse | ||||||
20 | resulting from the death of any
child under Section | ||||||
21 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
22 | No conviction or finding of delinquency pursuant to | ||||||
23 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
24 | considered a criminal conviction for the purpose of | ||||||
25 | applying any presumption under this item (f).
| ||||||
26 | (g) Failure to protect the child from conditions within |
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1 | his environment
injurious to the child's welfare.
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2 | (h) Other neglect of, or misconduct toward the child; | ||||||
3 | provided that in
making a finding of unfitness the court | ||||||
4 | hearing the adoption proceeding
shall not be bound by any | ||||||
5 | 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.
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11 | (i) Depravity. Conviction of any one of the following
| ||||||
12 | crimes shall create a presumption that a parent is depraved | ||||||
13 | which can be
overcome only by clear and convincing | ||||||
14 | evidence:
(1) first degree murder in violation of paragraph | ||||||
15 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
17 | second degree murder in violation of subsection (a) of | ||||||
18 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012 of a parent of the child to be adopted; (2)
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20 | first degree murder or second degree murder of any child in
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21 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
23 | murder or second degree murder
of any child in violation of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
25 | solicitation to commit murder of any child, solicitation to
| ||||||
26 | commit murder of any child for hire, or solicitation to |
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1 | commit second
degree murder of any child in violation of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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3 | predatory criminal sexual assault of a child in violation | ||||||
4 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
6 | child in violation of the Criminal Code of 1961; or (7) | ||||||
7 | aggravated battery of any child in violation of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 ; (8) any | ||||||
9 | violation of Section 11-1.20 or Section 12-13 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012; (9) any | ||||||
11 | violation of subsection (a) of Section 11-1.50 or Section | ||||||
12 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
13 | 2012; (10) any violation of Section 11-9.1 of the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012; (11) any | ||||||
15 | violation of Section 11-9.1A of the Criminal Code of 1961 | ||||||
16 | or the Criminal Code of 2012; or (12) an offense in any | ||||||
17 | other state the elements of which are similar and bear a
| ||||||
18 | substantial relationship to any of the enumerated offenses | ||||||
19 | in this subsection (i) .
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20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if the parent
has been criminally convicted of at | ||||||
22 | least 3 felonies under the laws of this
State or any other | ||||||
23 | state, or under federal law, or the criminal laws of any
| ||||||
24 | United States territory; and at least
one of these
| ||||||
25 | convictions took place within 5 years of the filing of the | ||||||
26 | petition or motion
seeking termination of parental rights.
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1 | There is a rebuttable presumption that a parent is | ||||||
2 | depraved if that
parent
has
been criminally convicted of | ||||||
3 | either first or second degree murder of any person
as | ||||||
4 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012 within 10 years of the filing date of
the petition | ||||||
6 | or motion to terminate parental rights. | ||||||
7 | No conviction or finding of delinquency pursuant to | ||||||
8 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
9 | considered a criminal conviction for the purpose of | ||||||
10 | applying any presumption under this item (i).
| ||||||
11 | (j) Open and notorious adultery or fornication.
| ||||||
12 | (j-1) (Blank).
| ||||||
13 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
14 | than those
prescribed by a physician, for at least one year | ||||||
15 | immediately
prior to the commencement of the unfitness | ||||||
16 | proceeding.
| ||||||
17 | There is a rebuttable presumption that a parent is | ||||||
18 | unfit under this
subsection
with respect to any child to | ||||||
19 | which that parent gives birth where there is a
confirmed
| ||||||
20 | test result that at birth the child's blood, urine, or | ||||||
21 | meconium contained any
amount of a controlled substance as | ||||||
22 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
23 | Controlled Substances Act or metabolites of such | ||||||
24 | substances, the
presence of which in the newborn infant was | ||||||
25 | not the result of medical treatment
administered to the | ||||||
26 | mother or the newborn infant; and the biological mother of
|
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| |||||||
1 | this child is the biological mother of at least one other | ||||||
2 | child who was
adjudicated a neglected minor under | ||||||
3 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
4 | 1987.
| ||||||
5 | (l) Failure to demonstrate a reasonable degree of | ||||||
6 | interest, concern or
responsibility as to the welfare of a | ||||||
7 | new born child during the first 30
days after its birth.
| ||||||
8 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
9 | to correct the
conditions that were the basis for the | ||||||
10 | removal of the child from the
parent during any 9-month | ||||||
11 | period following the adjudication of neglected or abused | ||||||
12 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
13 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
14 | to make reasonable progress
toward the return of the
child | ||||||
15 | to the parent during any 9-month period following the | ||||||
16 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
17 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
18 | Section 2-4 of that Act.
If a service plan has been | ||||||
19 | established as
required under
Section 8.2 of the Abused and | ||||||
20 | Neglected Child Reporting Act to correct the
conditions | ||||||
21 | that were the basis for the removal of the child from the | ||||||
22 | parent
and if those services were available,
then, for | ||||||
23 | purposes of this Act, "failure to make reasonable progress | ||||||
24 | toward the
return of the child to the parent" includes the | ||||||
25 | parent's failure to substantially fulfill his or her | ||||||
26 | obligations
under
the service plan and correct the |
| |||||||
| |||||||
1 | conditions that brought the child into care
during any | ||||||
2 | 9-month period
following the adjudication under Section | ||||||
3 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
4 | Notwithstanding any other provision, when a petition or | ||||||
5 | motion seeks to terminate parental rights on the basis of | ||||||
6 | item (ii) of this subsection (m), the petitioner shall file | ||||||
7 | with the court and serve on the parties a pleading that | ||||||
8 | specifies the 9-month period or periods relied on. The | ||||||
9 | pleading shall be filed and served on the parties no later | ||||||
10 | than 3 weeks before the date set by the court for closure | ||||||
11 | of discovery, and the allegations in the pleading shall be | ||||||
12 | treated as incorporated into the petition or motion. | ||||||
13 | Failure of a respondent to file a written denial of the | ||||||
14 | allegations in the pleading shall not be treated as an | ||||||
15 | admission that the allegations are true.
| ||||||
16 | (m-1) (Blank).
| ||||||
17 | (n) Evidence of intent to forgo his or her parental | ||||||
18 | rights,
whether or
not the child is a ward of the court, | ||||||
19 | (1) as manifested
by his or her failure for a period of 12 | ||||||
20 | months: (i) to visit the child,
(ii) to communicate with | ||||||
21 | the child or agency, although able to do so and
not | ||||||
22 | prevented from doing so by an agency or by court order, or | ||||||
23 | (iii) to
maintain contact with or plan for the future of | ||||||
24 | the child, although physically
able to do so, or (2) as | ||||||
25 | manifested by the father's failure, where he
and the mother | ||||||
26 | of the child were unmarried to each other at the time of |
| |||||||
| |||||||
1 | the
child's birth, (i) to commence legal proceedings to | ||||||
2 | establish his paternity
under the Illinois Parentage Act of | ||||||
3 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
4 | jurisdiction of
the child's birth within 30 days of being | ||||||
5 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
6 | the father or the likely father of the child or,
after | ||||||
7 | being so informed where the child is not yet born, within | ||||||
8 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
9 | effort to pay a reasonable
amount of the expenses related | ||||||
10 | to the birth of the child and to provide a
reasonable | ||||||
11 | amount for the financial support of the child, the court to
| ||||||
12 | consider in its determination all relevant circumstances, | ||||||
13 | including the
financial condition of both parents; | ||||||
14 | provided that the ground for
termination provided in this | ||||||
15 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
16 | petition is brought by the mother or the husband of
the | ||||||
17 | mother.
| ||||||
18 | Contact or communication by a parent with his or her | ||||||
19 | child that does not
demonstrate affection and concern does | ||||||
20 | not constitute reasonable contact
and planning under | ||||||
21 | subdivision (n). In the absence of evidence to the
| ||||||
22 | contrary, the ability to visit, communicate, maintain | ||||||
23 | contact, pay
expenses and plan for the future shall be | ||||||
24 | presumed. The subjective intent
of the parent, whether | ||||||
25 | expressed or otherwise, unsupported by evidence of
the | ||||||
26 | foregoing parental acts manifesting that intent, shall not |
| |||||||
| |||||||
1 | preclude a
determination that the parent has intended to | ||||||
2 | forgo his or her
parental
rights. In making this | ||||||
3 | determination, the court may consider but shall not
require | ||||||
4 | a showing of diligent efforts by an authorized agency to | ||||||
5 | encourage
the parent to perform the acts specified in | ||||||
6 | subdivision (n).
| ||||||
7 | It shall be an affirmative defense to any allegation | ||||||
8 | under paragraph
(2) of this subsection that the father's | ||||||
9 | failure was due to circumstances
beyond his control or to | ||||||
10 | impediments created by the mother or any other
person | ||||||
11 | having legal custody. Proof of that fact need only be by a
| ||||||
12 | preponderance of the evidence.
| ||||||
13 | (o) Repeated or continuous failure by the parents, | ||||||
14 | although physically
and financially able, to provide the | ||||||
15 | child with adequate food, clothing,
or shelter.
| ||||||
16 | (p) Inability to discharge parental responsibilities | ||||||
17 | supported by
competent evidence from a psychiatrist, | ||||||
18 | licensed clinical social
worker, or clinical psychologist | ||||||
19 | of mental
impairment, mental illness or an intellectual | ||||||
20 | disability as defined in Section
1-116 of the Mental Health | ||||||
21 | and Developmental Disabilities Code, or
developmental | ||||||
22 | disability as defined in Section 1-106 of that Code, and
| ||||||
23 | there is sufficient justification to believe that the | ||||||
24 | inability to
discharge parental responsibilities shall | ||||||
25 | extend beyond a reasonable
time period. However, this | ||||||
26 | subdivision (p) shall not be construed so as to
permit a |
| |||||||
| |||||||
1 | licensed clinical social worker to conduct any medical | ||||||
2 | diagnosis to
determine mental illness or mental | ||||||
3 | impairment.
| ||||||
4 | (q) (Blank).
| ||||||
5 | (r) The child is in the temporary custody or | ||||||
6 | guardianship of the
Department of Children and Family | ||||||
7 | Services, the parent is incarcerated as a
result of | ||||||
8 | criminal conviction at the time the petition or motion for
| ||||||
9 | termination of parental rights is filed, prior to | ||||||
10 | incarceration the parent had
little or no contact with the | ||||||
11 | child or provided little or no support for the
child, and | ||||||
12 | the parent's incarceration will prevent the parent from | ||||||
13 | discharging
his or her parental responsibilities for the | ||||||
14 | child for a period in excess of 2
years after the filing of | ||||||
15 | the petition or motion for termination of parental
rights.
| ||||||
16 | (s) The child is in the temporary custody or | ||||||
17 | guardianship of the
Department of Children and Family | ||||||
18 | Services, the parent is incarcerated at the
time the | ||||||
19 | petition or motion for termination of parental rights is | ||||||
20 | filed, the
parent has been repeatedly incarcerated as a | ||||||
21 | result of criminal convictions,
and the parent's repeated | ||||||
22 | incarceration has prevented the parent from
discharging | ||||||
23 | his or her parental responsibilities for the child.
| ||||||
24 | (t) A finding that at birth the child's blood,
urine, | ||||||
25 | or meconium contained any amount of a controlled substance | ||||||
26 | as
defined in subsection (f) of Section 102 of the Illinois |
| |||||||
| |||||||
1 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
2 | substance, with the exception of
controlled substances or | ||||||
3 | metabolites of such substances, the presence of which
in | ||||||
4 | the newborn infant was the result of medical treatment | ||||||
5 | administered to the
mother or the newborn infant, and that | ||||||
6 | the biological mother of this child is
the biological | ||||||
7 | mother of at least one other child who was adjudicated a
| ||||||
8 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
9 | Juvenile Court Act
of 1987, after which the biological | ||||||
10 | mother had the opportunity to enroll in
and participate in | ||||||
11 | a clinically appropriate substance abuse
counseling, | ||||||
12 | treatment, and rehabilitation program.
| ||||||
13 | E. "Parent" means a person who is the legal mother or legal | ||||||
14 | father of the child as defined in subsection X or Y of this | ||||||
15 | Section. For the purpose of this Act, a parent who has executed | ||||||
16 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
17 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
18 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
19 | of this Act, or whose parental rights have been terminated by a | ||||||
20 | court, is not a parent of the child who was the subject of the | ||||||
21 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
22 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
23 | the person executed a consent to adoption by a specified person | ||||||
24 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
25 | and a court of competent jurisdiction finds that the consent is | ||||||
26 | void; or (3) the order terminating the parental rights of the |
| |||||||
| |||||||
1 | person is vacated by a court of competent jurisdiction.
| ||||||
2 | F. A person is available for adoption when the person is:
| ||||||
3 | (a) a child who has been surrendered for adoption to an | ||||||
4 | agency and to
whose adoption the agency has thereafter | ||||||
5 | consented;
| ||||||
6 | (b) a child to whose adoption a person authorized by | ||||||
7 | law, other than his
parents, has consented, or to whose | ||||||
8 | adoption no consent is required pursuant
to Section 8 of | ||||||
9 | this Act;
| ||||||
10 | (c) a child who is in the custody of persons who intend | ||||||
11 | to adopt him
through placement made by his parents;
| ||||||
12 | (c-1) a child for whom a parent has signed a specific | ||||||
13 | consent pursuant
to subsection O of Section 10;
| ||||||
14 | (d) an adult who meets the conditions set forth in | ||||||
15 | Section 3 of this
Act; or
| ||||||
16 | (e) a child who has been relinquished as defined in | ||||||
17 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
18 | A person who would otherwise be available for adoption | ||||||
19 | shall not be
deemed unavailable for adoption solely by reason | ||||||
20 | of his or her death.
| ||||||
21 | G. The singular includes the plural and the plural includes
| ||||||
22 | the singular and the "male" includes the "female", as the | ||||||
23 | context of this
Act may require.
| ||||||
24 | H. (Blank).
| ||||||
25 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
26 | the federal Intercountry Adoption Act of 2000 and regulations |
| |||||||
| |||||||
1 | promulgated thereunder.
| ||||||
2 | J. "Immediate relatives" means the biological parents, the | ||||||
3 | parents of
the biological parents and siblings of the | ||||||
4 | biological parents.
| ||||||
5 | K. "Intercountry adoption" is a process by which a child | ||||||
6 | from a country
other than the United States is adopted by | ||||||
7 | persons who are habitual residents of the United States, or the | ||||||
8 | child is a habitual resident of the United States who is | ||||||
9 | adopted by persons who are habitual residents of a country | ||||||
10 | other than the United States.
| ||||||
11 | L. (Blank).
| ||||||
12 | M. "Interstate Compact on the Placement of Children" is a | ||||||
13 | law enacted by all
states and certain territories for the | ||||||
14 | purpose of establishing uniform procedures for handling
the | ||||||
15 | interstate placement of children in foster homes, adoptive | ||||||
16 | homes, or
other child care facilities.
| ||||||
17 | N. (Blank).
| ||||||
18 | O. "Preadoption requirements" means any conditions or | ||||||
19 | standards established by the laws or administrative rules of | ||||||
20 | this State that must be met by a prospective adoptive parent
| ||||||
21 | prior to the placement of a child in an adoptive home.
| ||||||
22 | P. "Abused child" means a child whose parent or immediate | ||||||
23 | family member,
or any person responsible for the child's | ||||||
24 | welfare, or any individual
residing in the same home as the | ||||||
25 | child, or a paramour of the child's parent:
| ||||||
26 | (a) inflicts, causes to be inflicted, or allows to be |
| |||||||
| |||||||
1 | inflicted upon
the child physical injury, by other than | ||||||
2 | accidental means, that causes
death, disfigurement, | ||||||
3 | impairment of physical or emotional health, or loss
or | ||||||
4 | impairment of any bodily function;
| ||||||
5 | (b) creates a substantial risk of physical injury to | ||||||
6 | the child by
other than accidental means which would be | ||||||
7 | likely to cause death,
disfigurement, impairment of | ||||||
8 | physical or emotional health, or loss or
impairment of any | ||||||
9 | bodily function;
| ||||||
10 | (c) commits or allows to be committed any sex offense | ||||||
11 | against the child,
as sex offenses are defined in the | ||||||
12 | Criminal Code of 2012
and extending those definitions of | ||||||
13 | sex offenses to include children under
18 years of age;
| ||||||
14 | (d) commits or allows to be committed an act or acts of | ||||||
15 | torture upon
the child; or
| ||||||
16 | (e) inflicts excessive corporal punishment.
| ||||||
17 | Q. "Neglected child" means any child whose parent or other | ||||||
18 | person
responsible for the child's welfare withholds or denies | ||||||
19 | nourishment or
medically indicated treatment including food or | ||||||
20 | care denied solely on the
basis of the present or anticipated | ||||||
21 | mental or physical impairment as determined
by a physician | ||||||
22 | acting alone or in consultation with other physicians or
| ||||||
23 | otherwise does not provide the proper or necessary support, | ||||||
24 | education
as required by law, or medical or other remedial care | ||||||
25 | recognized under State
law as necessary for a child's | ||||||
26 | well-being, or other care necessary for his
or her well-being, |
| |||||||
| |||||||
1 | including adequate food, clothing and shelter; or who
is | ||||||
2 | abandoned by his or her parents or other person responsible for | ||||||
3 | the child's
welfare.
| ||||||
4 | A child shall not be considered neglected or abused for the
| ||||||
5 | sole reason that the child's parent or other person responsible | ||||||
6 | for his
or her welfare depends upon spiritual means through | ||||||
7 | prayer alone for the
treatment or cure of disease or remedial | ||||||
8 | care as provided under Section 4
of the Abused and Neglected | ||||||
9 | Child Reporting Act.
A child shall not be considered neglected | ||||||
10 | or abused for the sole reason that
the child's parent or other | ||||||
11 | person responsible for the child's welfare failed
to vaccinate, | ||||||
12 | delayed vaccination, or refused vaccination for the child
due | ||||||
13 | to a waiver on religious or medical grounds as permitted by | ||||||
14 | law.
| ||||||
15 | R. "Putative father" means a man who may be a child's | ||||||
16 | father, but who (1) is
not married to the child's mother on or | ||||||
17 | before the date that the child was or
is to be born and (2) has | ||||||
18 | not established paternity of the child in a court
proceeding | ||||||
19 | before the filing of a petition for the adoption of the child. | ||||||
20 | The
term includes a male who is less than 18 years of age. | ||||||
21 | "Putative father" does
not mean a man who is the child's father | ||||||
22 | as a result of criminal sexual abuse
or assault as defined | ||||||
23 | under Article 11 of the Criminal Code of 2012.
| ||||||
24 | S. "Standby adoption" means an adoption in which a parent
| ||||||
25 | consents to custody and termination of parental rights to | ||||||
26 | become
effective upon the occurrence of a future event, which |
| |||||||
| |||||||
1 | is either the death of
the
parent or the request of the parent
| ||||||
2 | for the entry of a final judgment of adoption.
| ||||||
3 | T. (Blank).
| ||||||
4 | T-5. "Biological parent", "birth parent", or "natural | ||||||
5 | parent" of a child are interchangeable terms that mean a person | ||||||
6 | who is biologically or genetically related to that child as a | ||||||
7 | parent. | ||||||
8 | U. "Interstate adoption" means the placement of a minor | ||||||
9 | child with a prospective adoptive parent for the purpose of | ||||||
10 | pursuing an adoption for that child that is subject to the | ||||||
11 | provisions of the Interstate Compact on Placement of Children. | ||||||
12 | V. (Blank). | ||||||
13 | W. (Blank). | ||||||
14 | X. "Legal father" of a child means a man who is recognized | ||||||
15 | as or presumed to be that child's father: | ||||||
16 | (1) because of his marriage to or civil union with the | ||||||
17 | child's parent at the time of the child's birth or within | ||||||
18 | 300 days prior to that child's birth, unless he signed a | ||||||
19 | denial of paternity pursuant to Section 12 of the Vital | ||||||
20 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
21 | or | ||||||
22 | (2) because his paternity of the child has been | ||||||
23 | established pursuant to the Illinois Parentage Act, the | ||||||
24 | Illinois Parentage Act of 1984, or the Gestational | ||||||
25 | Surrogacy Act; or | ||||||
26 | (3) because he is listed as the child's father or |
| |||||||
| |||||||
1 | parent on the child's birth certificate, unless he is | ||||||
2 | otherwise determined by an administrative or judicial | ||||||
3 | proceeding not to be the parent of the child or unless he | ||||||
4 | rescinds his acknowledgment of paternity pursuant to the | ||||||
5 | Illinois Parentage Act of 1984; or | ||||||
6 | (4) because his paternity or adoption of the child has | ||||||
7 | been established by a court of competent jurisdiction. | ||||||
8 | The definition in this subsection X shall not be construed | ||||||
9 | to provide greater or lesser rights as to the number of parents | ||||||
10 | who can be named on a final judgment order of adoption or | ||||||
11 | Illinois birth certificate that otherwise exist under Illinois | ||||||
12 | law. | ||||||
13 | Y. "Legal mother" of a child means a woman who is | ||||||
14 | recognized as or presumed to be that child's mother: | ||||||
15 | (1) because she gave birth to the child except as | ||||||
16 | provided in the Gestational Surrogacy Act; or | ||||||
17 | (2) because her maternity of the child has been | ||||||
18 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
19 | or the Gestational Surrogacy Act; or | ||||||
20 | (3) because her maternity or adoption of the child has | ||||||
21 | been established by a court of competent jurisdiction; or | ||||||
22 | (4) because of her marriage to or civil union with the | ||||||
23 | child's other parent at the time of the child's birth or | ||||||
24 | within 300 days prior to the time of birth; or | ||||||
25 | (5) because she is listed as the child's mother or | ||||||
26 | parent on the child's birth certificate unless she is |
| |||||||
| |||||||
1 | otherwise determined by an administrative or judicial | ||||||
2 | proceeding not to be the parent of the child. | ||||||
3 | The definition in this subsection Y shall not be construed | ||||||
4 | to provide greater or lesser rights as to the number of parents | ||||||
5 | who can be named on a final judgment order of adoption or | ||||||
6 | Illinois birth certificate that otherwise exist under Illinois | ||||||
7 | law. | ||||||
8 | Z. "Department" means the Illinois Department of Children | ||||||
9 | and Family Services. | ||||||
10 | AA. "Placement disruption" means a circumstance where the | ||||||
11 | child is removed from an adoptive placement before the adoption | ||||||
12 | is finalized. | ||||||
13 | BB. "Secondary placement" means a placement, including but | ||||||
14 | not limited to the placement of a youth in care as defined in | ||||||
15 | Section 4d of the Children and Family Services Act, that occurs | ||||||
16 | after a placement disruption or an adoption dissolution. | ||||||
17 | "Secondary placement" does not mean secondary placements | ||||||
18 | arising due to the death of the adoptive parent of the child. | ||||||
19 | CC. "Adoption dissolution" means a circumstance where the | ||||||
20 | child is removed from an adoptive placement after the adoption | ||||||
21 | is finalized. | ||||||
22 | DD. "Unregulated placement" means the secondary placement | ||||||
23 | of a child that occurs without the oversight of the courts, the | ||||||
24 | Department, or a licensed child welfare agency. | ||||||
25 | EE. "Post-placement and post-adoption support services" | ||||||
26 | means support services for placed or adopted children and |
| |||||||
| |||||||
1 | families that include, but are not limited to, counseling for | ||||||
2 | emotional, behavioral, or developmental needs. | ||||||
3 | (Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | ||||||
4 | eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
|