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1 | AN ACT concerning civil law.
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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 Adoption Act is amended by changing Sections | |||||||||||||||||||||
5 | 1 and 8 as follows:
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6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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7 | Sec. 1. Definitions. When used in this Act, unless the | |||||||||||||||||||||
8 | context
otherwise requires:
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9 | A. "Child" means a person under legal age subject to | |||||||||||||||||||||
10 | adoption under
this Act.
| |||||||||||||||||||||
11 | B. "Related child" means a child subject to adoption where | |||||||||||||||||||||
12 | either or both of
the adopting parents stands in any of the | |||||||||||||||||||||
13 | following relationships to the child
by blood or marriage: | |||||||||||||||||||||
14 | parent, grand-parent, brother, sister, step-parent,
| |||||||||||||||||||||
15 | step-grandparent, step-brother, step-sister, uncle, aunt, | |||||||||||||||||||||
16 | great-uncle,
great-aunt, or cousin of first degree. A child | |||||||||||||||||||||
17 | whose relatives have parent has executed
a final irrevocable | |||||||||||||||||||||
18 | consent to adoption or a final irrevocable surrender
for | |||||||||||||||||||||
19 | purposes of adoption , or whose parent has had his or her | |||||||||||||||||||||
20 | parental rights
terminated, is not a related child to that | |||||||||||||||||||||
21 | person , unless the consent is
determined to be void or is void | |||||||||||||||||||||
22 | pursuant to subsection O of Section 10 .
| |||||||||||||||||||||
23 | C. "Agency" for the purpose of this Act means a public |
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| |||||||
1 | child welfare agency
or a licensed child welfare agency.
| ||||||
2 | D. "Unfit person" means any person whom the court shall | ||||||
3 | find to be unfit
to have a child, without regard to the | ||||||
4 | likelihood that the child will be
placed for adoption. The | ||||||
5 | grounds of unfitness are any one or more
of the following, | ||||||
6 | except that a person shall not be considered an unfit
person | ||||||
7 | for the sole reason that the person has relinquished a child in
| ||||||
8 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
9 | (a) Abandonment of the child.
| ||||||
10 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
11 | (a-2) Abandonment of a newborn infant in any setting | ||||||
12 | where the evidence
suggests that the parent intended to | ||||||
13 | relinquish his or her parental rights.
| ||||||
14 | (b) Failure to maintain a reasonable degree of | ||||||
15 | interest, concern or
responsibility as to the child's | ||||||
16 | welfare.
| ||||||
17 | (c) Desertion of the child for more than 3 months next | ||||||
18 | preceding the
commencement of the Adoption proceeding.
| ||||||
19 | (d) Substantial neglect
of the
child if continuous or | ||||||
20 | repeated.
| ||||||
21 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
22 | of any child
residing in the household which resulted in | ||||||
23 | the death of that child.
| ||||||
24 | (e) Extreme or repeated cruelty to the child.
| ||||||
25 | (f) There is a rebuttable presumption, which can be | ||||||
26 | overcome only by clear and convincing evidence, that a |
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| |||||||
1 | parent is unfit if:
| ||||||
2 | (1) Two or more findings of physical abuse have | ||||||
3 | been entered regarding any children under Section 2-21 | ||||||
4 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
5 | which was determined by the juvenile court
hearing the | ||||||
6 | matter to be supported by clear and convincing | ||||||
7 | evidence; or | ||||||
8 | (2) The parent has been convicted or found not | ||||||
9 | guilty by reason of insanity and the conviction or | ||||||
10 | finding resulted from the death of any child by | ||||||
11 | physical abuse; or
| ||||||
12 | (3) There is a finding of physical child abuse | ||||||
13 | resulting from the death of any
child under Section | ||||||
14 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
15 | No conviction or finding of delinquency pursuant | ||||||
16 | to Article V 5 of the Juvenile Court Act of 1987 shall | ||||||
17 | be considered a criminal conviction for the purpose of | ||||||
18 | applying any presumption under this item (f).
| ||||||
19 | (g) Failure to protect the child from conditions within | ||||||
20 | his environment
injurious to the child's welfare.
| ||||||
21 | (h) Other neglect of, or misconduct toward the child; | ||||||
22 | provided that in
making a finding of unfitness the court | ||||||
23 | hearing the adoption proceeding
shall not be bound by any | ||||||
24 | previous finding, order or judgment affecting
or | ||||||
25 | determining the rights of the parents toward the child | ||||||
26 | sought to be adopted
in any other proceeding except such |
| |||||||
| |||||||
1 | proceedings terminating parental rights
as shall be had | ||||||
2 | under either this Act, the Juvenile Court Act or
the | ||||||
3 | Juvenile Court Act of 1987.
| ||||||
4 | (i) Depravity. Conviction of any one of the following
| ||||||
5 | crimes shall create a presumption that a parent is depraved | ||||||
6 | which can be
overcome only by clear and convincing | ||||||
7 | evidence:
(1) first degree murder in violation of paragraph | ||||||
8 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
10 | second degree murder in violation of subsection (a) of | ||||||
11 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
13 | first degree murder or second degree murder of any child in
| ||||||
14 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
16 | murder or second degree murder
of any child in violation of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
18 | solicitation to commit murder of any child, solicitation to
| ||||||
19 | commit murder of any child for hire, or solicitation to | ||||||
20 | commit second
degree murder of any child in violation of | ||||||
21 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
22 | predatory criminal sexual assault of a child in violation | ||||||
23 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
24 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
25 | child in violation of the Criminal Code of 1961; or (7) | ||||||
26 | aggravated battery of any child in violation of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
2 | There is a rebuttable presumption that a parent is | ||||||
3 | depraved if the parent
has been criminally convicted of at | ||||||
4 | least 3 felonies under the laws of this
State or any other | ||||||
5 | state, or under federal law, or the criminal laws of any
| ||||||
6 | United States territory; and at least
one of these
| ||||||
7 | convictions took place within 5 years of the filing of the | ||||||
8 | petition or motion
seeking termination of parental rights.
| ||||||
9 | There is a rebuttable presumption that a parent is | ||||||
10 | depraved if that
parent
has
been criminally convicted of | ||||||
11 | either first or second degree murder of any person
as | ||||||
12 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012 within 10 years of the filing date of
the petition | ||||||
14 | or motion to terminate parental rights. | ||||||
15 | No conviction or finding of delinquency pursuant to | ||||||
16 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
17 | considered a criminal conviction for the purpose of | ||||||
18 | applying any presumption under this item (i).
| ||||||
19 | (j) Open and notorious adultery or fornication.
| ||||||
20 | (j-1) (Blank).
| ||||||
21 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
22 | than those
prescribed by a physician, for at least one year | ||||||
23 | immediately
prior to the commencement of the unfitness | ||||||
24 | proceeding.
| ||||||
25 | There is a rebuttable presumption that a parent is | ||||||
26 | unfit under this
subsection
with respect to any child to |
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| |||||||
1 | which that parent gives birth where there is a
confirmed
| ||||||
2 | test result that at birth the child's blood, urine, or | ||||||
3 | meconium contained any
amount of a controlled substance as | ||||||
4 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
5 | Controlled Substances Act or metabolites of such | ||||||
6 | substances, the
presence of which in the newborn infant was | ||||||
7 | not the result of medical treatment
administered to the | ||||||
8 | mother or the newborn infant; and the biological mother of
| ||||||
9 | this child is the biological mother of at least one other | ||||||
10 | child who was
adjudicated a neglected minor under | ||||||
11 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
12 | 1987.
| ||||||
13 | (l) Failure to demonstrate a reasonable degree of | ||||||
14 | interest, concern or
responsibility as to the welfare of a | ||||||
15 | new born child during the first 30
days after its birth.
| ||||||
16 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
17 | to correct the
conditions that were the basis for the | ||||||
18 | removal of the child from the
parent during any 9-month | ||||||
19 | period following the adjudication of neglected or abused | ||||||
20 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
21 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
22 | to make reasonable progress
toward the return of the
child | ||||||
23 | to the parent during any 9-month period following the | ||||||
24 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
25 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
26 | Section 2-4 of that Act.
If a service plan has been |
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| |||||||
1 | established as
required under
Section 8.2 of the Abused and | ||||||
2 | Neglected Child Reporting Act to correct the
conditions | ||||||
3 | that were the basis for the removal of the child from the | ||||||
4 | parent
and if those services were available,
then, for | ||||||
5 | purposes of this Act, "failure to make reasonable progress | ||||||
6 | toward the
return of the child to the parent" includes the | ||||||
7 | parent's failure to substantially fulfill his or her | ||||||
8 | obligations
under
the service plan and correct the | ||||||
9 | conditions that brought the child into care
during any | ||||||
10 | 9-month period
following the adjudication under Section | ||||||
11 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
12 | Notwithstanding any other provision, when a petition or | ||||||
13 | motion seeks to terminate parental rights on the basis of | ||||||
14 | item (ii) of this subsection (m), the petitioner shall file | ||||||
15 | with the court and serve on the parties a pleading that | ||||||
16 | specifies the 9-month period or periods relied on. The | ||||||
17 | pleading shall be filed and served on the parties no later | ||||||
18 | than 3 weeks before the date set by the court for closure | ||||||
19 | of discovery, and the allegations in the pleading shall be | ||||||
20 | treated as incorporated into the petition or motion. | ||||||
21 | Failure of a respondent to file a written denial of the | ||||||
22 | allegations in the pleading shall not be treated as an | ||||||
23 | admission that the allegations are true.
| ||||||
24 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
25 | child
has been in foster care for 15 months out of any 22 | ||||||
26 | month period which begins
on or after the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of 1998 unless the
child's parent can | ||||||
2 | prove
by a preponderance of the evidence that it is more | ||||||
3 | likely than not that it will
be in the best interests of | ||||||
4 | the child to be returned to the parent within 6
months of | ||||||
5 | the date on which a petition for termination of parental | ||||||
6 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
7 | 15 month time limit is tolled
during
any period for which | ||||||
8 | there is a court finding that the appointed custodian or
| ||||||
9 | guardian failed to make reasonable efforts to reunify the | ||||||
10 | child with his or her
family, provided that (i) the finding | ||||||
11 | of no reasonable efforts is made within
60 days of the | ||||||
12 | period when reasonable efforts were not made or (ii) the | ||||||
13 | parent
filed a motion requesting a finding of no reasonable | ||||||
14 | efforts within 60 days of
the period when reasonable | ||||||
15 | efforts were not made. For purposes of this
subdivision | ||||||
16 | (m-1), the date of entering foster care is the earlier of: | ||||||
17 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
18 | hearing that the child is an abused,
neglected, or | ||||||
19 | dependent minor; or (ii) 60 days after the date on which | ||||||
20 | the
child is removed from his or her parent, guardian, or | ||||||
21 | legal custodian.
| ||||||
22 | (n) Evidence of intent to forgo his or her parental | ||||||
23 | rights,
whether or
not the child is a ward of the court, | ||||||
24 | (1) as manifested
by his or her failure for a period of 12 | ||||||
25 | months: (i) to visit the child,
(ii) to communicate with | ||||||
26 | the child or agency, although able to do so and
not |
| |||||||
| |||||||
1 | prevented from doing so by an agency or by court order, or | ||||||
2 | (iii) to
maintain contact with or plan for the future of | ||||||
3 | the child, although physically
able to do so, or (2) as | ||||||
4 | manifested by the father's failure, where he
and the mother | ||||||
5 | of the child were unmarried to each other at the time of | ||||||
6 | the
child's birth, (i) to commence legal proceedings to | ||||||
7 | establish his paternity
under the Illinois Parentage Act of | ||||||
8 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
9 | within 30 days of being informed, pursuant to Section 12a
| ||||||
10 | of this Act, that he is the father or the likely father of | ||||||
11 | the child or,
after being so informed where the child is | ||||||
12 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
13 | to make a good faith effort to pay a reasonable
amount of | ||||||
14 | the expenses related to the birth of the child and to | ||||||
15 | provide a
reasonable amount for the financial support of | ||||||
16 | the child, the court to
consider in its determination all | ||||||
17 | relevant circumstances, including the
financial condition | ||||||
18 | of both parents; provided that the ground for
termination | ||||||
19 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
20 | available where the petition is brought by the mother or | ||||||
21 | the husband of
the mother.
| ||||||
22 | Contact or communication by a parent with his or her | ||||||
23 | child that does not
demonstrate affection and concern does | ||||||
24 | not constitute reasonable contact
and planning under | ||||||
25 | subdivision (n). In the absence of evidence to the
| ||||||
26 | contrary, the ability to visit, communicate, maintain |
| |||||||
| |||||||
1 | contact, pay
expenses and plan for the future shall be | ||||||
2 | presumed. The subjective intent
of the parent, whether | ||||||
3 | expressed or otherwise, unsupported by evidence of
the | ||||||
4 | foregoing parental acts manifesting that intent, shall not | ||||||
5 | preclude a
determination that the parent has intended to | ||||||
6 | forgo his or her
parental
rights. In making this | ||||||
7 | determination, the court may consider but shall not
require | ||||||
8 | a showing of diligent efforts by an authorized agency to | ||||||
9 | encourage
the parent to perform the acts specified in | ||||||
10 | subdivision (n).
| ||||||
11 | It shall be an affirmative defense to any allegation | ||||||
12 | under paragraph
(2) of this subsection that the father's | ||||||
13 | failure was due to circumstances
beyond his control or to | ||||||
14 | impediments created by the mother or any other
person | ||||||
15 | having legal custody. Proof of that fact need only be by a
| ||||||
16 | preponderance of the evidence.
| ||||||
17 | (o) Repeated or continuous failure by the parents, | ||||||
18 | although physically
and financially able, to provide the | ||||||
19 | child with adequate food, clothing,
or shelter.
| ||||||
20 | (p) Inability to discharge parental responsibilities | ||||||
21 | supported by
competent evidence from a psychiatrist, | ||||||
22 | licensed clinical social
worker, or clinical psychologist | ||||||
23 | of mental
impairment, mental illness or an intellectual | ||||||
24 | disability as defined in Section
1-116 of the Mental Health | ||||||
25 | and Developmental Disabilities Code, or
developmental | ||||||
26 | disability as defined in Section 1-106 of that Code, and
|
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| |||||||
1 | there is sufficient justification to believe that the | ||||||
2 | inability to
discharge parental responsibilities shall | ||||||
3 | extend beyond a reasonable
time period. However, this | ||||||
4 | subdivision (p) shall not be construed so as to
permit a | ||||||
5 | licensed clinical social worker to conduct any medical | ||||||
6 | diagnosis to
determine mental illness or mental | ||||||
7 | impairment.
| ||||||
8 | (q) (Blank).
| ||||||
9 | (r) The child is in the temporary custody or | ||||||
10 | guardianship of the
Department of Children and Family | ||||||
11 | Services, the parent is incarcerated as a
result of | ||||||
12 | criminal conviction at the time the petition or motion for
| ||||||
13 | termination of parental rights is filed, prior to | ||||||
14 | incarceration the parent had
little or no contact with the | ||||||
15 | child or provided little or no support for the
child, and | ||||||
16 | the parent's incarceration will prevent the parent from | ||||||
17 | discharging
his or her parental responsibilities for the | ||||||
18 | child for a period in excess of 2
years after the filing of | ||||||
19 | the petition or motion for termination of parental
rights.
| ||||||
20 | (s) The child is in the temporary custody or | ||||||
21 | guardianship of the
Department of Children and Family | ||||||
22 | Services, the parent is incarcerated at the
time the | ||||||
23 | petition or motion for termination of parental rights is | ||||||
24 | filed, the
parent has been repeatedly incarcerated as a | ||||||
25 | result of criminal convictions,
and the parent's repeated | ||||||
26 | incarceration has prevented the parent from
discharging |
| |||||||
| |||||||
1 | his or her parental responsibilities for the child.
| ||||||
2 | (t) A finding that at birth the child's blood,
urine, | ||||||
3 | or meconium contained any amount of a controlled substance | ||||||
4 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
5 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
6 | substance, with the exception of
controlled substances or | ||||||
7 | metabolites of such substances, the presence of which
in | ||||||
8 | the newborn infant was the result of medical treatment | ||||||
9 | administered to the
mother or the newborn infant, and that | ||||||
10 | the biological mother of this child is
the biological | ||||||
11 | mother of at least one other child who was adjudicated a
| ||||||
12 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
13 | Juvenile Court Act
of 1987, after which the biological | ||||||
14 | mother had the opportunity to enroll in
and participate in | ||||||
15 | a clinically appropriate substance abuse
counseling, | ||||||
16 | treatment, and rehabilitation program.
| ||||||
17 | E. "Parent" means the father or mother of a lawful child of | ||||||
18 | the parties or child born out of wedlock. For the purpose of | ||||||
19 | this Act, a person who has executed a final and
irrevocable | ||||||
20 | consent to adoption or a final and irrevocable surrender for
| ||||||
21 | purposes of adoption, or whose parental rights have been | ||||||
22 | terminated by a
court, is not a parent of the child who was the | ||||||
23 | subject of the consent or
surrender, unless the consent is void | ||||||
24 | pursuant to subsection O of Section 10.
| ||||||
25 | F. A person is available for adoption when the person is:
| ||||||
26 | (a) a child who has been surrendered for adoption to an |
| |||||||
| |||||||
1 | agency and to
whose adoption the agency has thereafter | ||||||
2 | consented;
| ||||||
3 | (b) a child to whose adoption a person authorized by | ||||||
4 | law, other than his
parents, has consented, or to whose | ||||||
5 | adoption no consent is required pursuant
to Section 8 of | ||||||
6 | this Act;
| ||||||
7 | (c) a child who is in the custody of persons who intend | ||||||
8 | to adopt him
through placement made by his parents;
| ||||||
9 | (c-1) a child for whom a parent has signed a specific | ||||||
10 | consent pursuant
to subsection O of Section 10;
| ||||||
11 | (d) an adult who meets the conditions set forth in | ||||||
12 | Section 3 of this
Act; or
| ||||||
13 | (e) a child who has been relinquished as defined in | ||||||
14 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
15 | A person who would otherwise be available for adoption | ||||||
16 | shall not be
deemed unavailable for adoption solely by reason | ||||||
17 | of his or her death.
| ||||||
18 | G. The singular includes the plural and the plural includes
| ||||||
19 | the singular and the "male" includes the "female", as the | ||||||
20 | context of this
Act may require.
| ||||||
21 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
22 | does not
prove successful and it becomes necessary for the | ||||||
23 | child to be removed from
placement before the adoption is | ||||||
24 | finalized.
| ||||||
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. "Intercountry Adoption Coordinator" means a staff | ||||||
12 | person of the
Department of Children and Family Services | ||||||
13 | appointed by the Director to
coordinate the provision of | ||||||
14 | services related to an intercountry adoption.
| ||||||
15 | M. "Interstate Compact on the Placement of Children" is a | ||||||
16 | law enacted by all
states and certain territories for the | ||||||
17 | purpose of establishing uniform procedures for handling
the | ||||||
18 | interstate placement of children in foster homes, adoptive | ||||||
19 | homes, or
other child care facilities.
| ||||||
20 | N. (Blank).
| ||||||
21 | O. "Preadoption requirements" means any conditions or | ||||||
22 | standards established by the laws or administrative rules of | ||||||
23 | this State that must be met by a prospective adoptive parent
| ||||||
24 | prior to the placement of a child in an adoptive home.
| ||||||
25 | P. "Abused child" means a child whose parent or immediate | ||||||
26 | family member,
or any person responsible for the child's |
| |||||||
| |||||||
1 | welfare, or any individual
residing in the same home as the | ||||||
2 | child, or a paramour of the child's parent:
| ||||||
3 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
4 | inflicted upon
the child physical injury, by other than | ||||||
5 | accidental means, that causes
death, disfigurement, | ||||||
6 | impairment of physical or emotional health, or loss
or | ||||||
7 | impairment of any bodily function;
| ||||||
8 | (b) creates a substantial risk of physical injury to | ||||||
9 | the child by
other than accidental means which would be | ||||||
10 | likely to cause death,
disfigurement, impairment of | ||||||
11 | physical or emotional health, or loss or
impairment of any | ||||||
12 | bodily function;
| ||||||
13 | (c) commits or allows to be committed any sex offense | ||||||
14 | against the child,
as sex offenses are defined in the | ||||||
15 | Criminal Code of 2012
and extending those definitions of | ||||||
16 | sex offenses to include children under
18 years of age;
| ||||||
17 | (d) commits or allows to be committed an act or acts of | ||||||
18 | torture upon
the child; or
| ||||||
19 | (e) inflicts excessive corporal punishment.
| ||||||
20 | Q. "Neglected child" means any child whose parent or other | ||||||
21 | person
responsible for the child's welfare withholds or denies | ||||||
22 | nourishment or
medically indicated treatment including food or | ||||||
23 | care denied solely on the
basis of the present or anticipated | ||||||
24 | mental or physical impairment as determined
by a physician | ||||||
25 | acting alone or in consultation with other physicians or
| ||||||
26 | otherwise does not provide the proper or necessary support, |
| |||||||
| |||||||
1 | education
as required by law, or medical or other remedial care | ||||||
2 | recognized under State
law as necessary for a child's | ||||||
3 | well-being, or other care necessary for his
or her well-being, | ||||||
4 | including adequate food, clothing and shelter; or who
is | ||||||
5 | abandoned by his or her parents or other person responsible for | ||||||
6 | the child's
welfare.
| ||||||
7 | A child shall not be considered neglected or abused for the
| ||||||
8 | sole reason that the child's parent or other person responsible | ||||||
9 | for his
or her welfare depends upon spiritual means through | ||||||
10 | prayer alone for the
treatment or cure of disease or remedial | ||||||
11 | care as provided under Section 4
of the Abused and Neglected | ||||||
12 | Child Reporting Act.
A child shall not be considered neglected | ||||||
13 | or abused for the sole reason that
the child's parent or other | ||||||
14 | person responsible for the child's welfare failed
to vaccinate, | ||||||
15 | delayed vaccination, or refused vaccination for the child
due | ||||||
16 | to a waiver on religious or medical grounds as permitted by | ||||||
17 | law.
| ||||||
18 | R. "Putative father" means a man who may be a child's | ||||||
19 | father, but who (1) is
not married to the child's mother on or | ||||||
20 | before the date that the child was or
is to be born and (2) has | ||||||
21 | not established paternity of the child in a court
proceeding | ||||||
22 | before the filing of a petition for the adoption of the child. | ||||||
23 | The
term includes a male who is less than 18 years of age. | ||||||
24 | "Putative father" does
not mean a man who is the child's father | ||||||
25 | as a result of criminal sexual abuse
or assault as defined | ||||||
26 | under Article 11 of the Criminal Code of 2012.
|
| |||||||
| |||||||
1 | S. "Standby adoption" means an adoption in which a parent
| ||||||
2 | consents to custody and termination of parental rights to | ||||||
3 | become
effective upon the occurrence of a future event, which | ||||||
4 | is either the death of
the
parent or the request of the parent
| ||||||
5 | for the entry of a final judgment of adoption.
| ||||||
6 | T. (Blank).
| ||||||
7 | U. "Interstate adoption" means the placement of a minor | ||||||
8 | child with a prospective adoptive parent for the purpose of | ||||||
9 | pursuing an adoption for that child that is subject to the | ||||||
10 | provisions of the Interstate Compact on Placement of Children. | ||||||
11 | V. "Endorsement letter" means the letter issued by the | ||||||
12 | Department of Children and Family Services to document that a | ||||||
13 | prospective adoptive parent has met preadoption requirements | ||||||
14 | and has been deemed suitable by the Department to adopt a child | ||||||
15 | who is the subject of an intercountry adoption. | ||||||
16 | W. "Denial letter" means the letter issued by the | ||||||
17 | Department of Children and Family Services to document that a | ||||||
18 | prospective adoptive parent has not met preadoption | ||||||
19 | requirements and has not been deemed suitable by the Department | ||||||
20 | to adopt a child who is the subject of an intercountry | ||||||
21 | adoption. | ||||||
22 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
23 | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | ||||||
24 | 1-1-14; revised 9-24-13 .)
| ||||||
25 | (750 ILCS 50/8) (from Ch. 40, par. 1510)
|
| |||||||
| |||||||
1 | Sec. 8. Consents to adoption and surrenders for purposes of
| ||||||
2 | adoption.
| ||||||
3 | (a) Except as hereinafter provided in this
Section consents | ||||||
4 | or surrenders shall be required in all cases, unless the
person | ||||||
5 | whose
consent or surrender would otherwise be required shall be | ||||||
6 | found by the
court:
| ||||||
7 | (1) to be an unfit person
as defined in Section
1 of | ||||||
8 | this Act, by clear and convincing evidence; or
| ||||||
9 | (2) not to be the biological or adoptive father of the | ||||||
10 | child; or
| ||||||
11 | (3) to have waived his parental rights to the child | ||||||
12 | under Section 12a or
12.1 or subsection S of Section 10 of
| ||||||
13 | this Act; or
| ||||||
14 | (4) to be the parent of an adult
sought to be adopted; | ||||||
15 | or
| ||||||
16 | (5) to be
the father of the child as a result of | ||||||
17 | criminal sexual abuse or assault as
defined under Article | ||||||
18 | 11 of the Criminal Code of 2012; or
| ||||||
19 | (6) to be the father of a child who: | ||||||
20 | (i) is a family member of the mother of the child, | ||||||
21 | and the mother is under the age of 18 at the time of | ||||||
22 | the child's conception; for purposes of this | ||||||
23 | subsection, a "family member" is a parent, | ||||||
24 | step-parent, grandparent, step-grandparent, sibling, | ||||||
25 | or cousin of the first degree, whether by whole blood, | ||||||
26 | half-blood, or adoption, as well as a person age 18 or |
| |||||||
| |||||||
1 | over at the time of the child's conception who has | ||||||
2 | resided in the household with the mother continuously | ||||||
3 | for at least one year; or | ||||||
4 | (ii) is at least 5 years older than the child's | ||||||
5 | mother, and the mother was under the age of 17 at the | ||||||
6 | time of the child's conception, unless the mother and | ||||||
7 | father voluntarily acknowledge the father's paternity | ||||||
8 | of the child by marrying or by establishing the | ||||||
9 | father's paternity by consent of the parties pursuant | ||||||
10 | to the Illinois Parentage Act of 1984 or pursuant to a | ||||||
11 | substantially similar statute in another state. | ||||||
12 | A criminal conviction of any offense pursuant to | ||||||
13 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
14 | 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||||||
15 | 19-6, or Article 12 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 is not required.
| ||||||
17 | (b) Where consents are required in the case of an adoption
| ||||||
18 | of a minor child, the consents of the following persons shall | ||||||
19 | be
sufficient:
| ||||||
20 | (1) (A) The mother of the minor child; and
| ||||||
21 | (A-5) Except as provided in subsection (f) of this | ||||||
22 | Section, any of the following individuals related to | ||||||
23 | the minor child through the minor child's mother: | ||||||
24 | grand-parent, adult brother, adult sister, | ||||||
25 | step-parent,
step-grandparent, step-brother, | ||||||
26 | step-sister, uncle, aunt, great-uncle,
great-aunt, or |
| |||||||
| |||||||
1 | cousin of first degree; and
| ||||||
2 | (B) The father of the minor child, if the father:
| ||||||
3 | (i) was married to the mother on the date of | ||||||
4 | birth of the child or
within
300 days before the | ||||||
5 | birth of the child, except for a husband or former
| ||||||
6 | husband who has been found by a court of competent | ||||||
7 | jurisdiction not to be the
biological father of the | ||||||
8 | child; or
| ||||||
9 | (ii) is the father of the child under a | ||||||
10 | judgment for adoption, an
order of parentage, or an | ||||||
11 | acknowledgment of parentage or paternity pursuant
| ||||||
12 | to subsection (a) of Section 5 of the Illinois | ||||||
13 | Parentage Act of 1984; or
| ||||||
14 | (iii) in the case of a child placed with the | ||||||
15 | adopting parents less
than
6 months after birth, | ||||||
16 | openly lived with the child, the child's | ||||||
17 | biological
mother, or
both,
and
held himself out to | ||||||
18 | be the child's biological father during the first | ||||||
19 | 30 days
following the birth of the child; or
| ||||||
20 | (iv) in the case of a child placed with the | ||||||
21 | adopting parents less than
6
months after birth, | ||||||
22 | made a good faith effort to pay a reasonable amount | ||||||
23 | of the
expenses
related to the birth of the child | ||||||
24 | and to provide a reasonable amount for the
| ||||||
25 | financial support of the child before the | ||||||
26 | expiration of 30 days following the
birth of the |
| |||||||
| |||||||
1 | child,
provided that the court may consider in its | ||||||
2 | determination all
relevant circumstances, | ||||||
3 | including the financial condition of both | ||||||
4 | biological
parents; or
| ||||||
5 | (v) in the case of a child placed with the | ||||||
6 | adopting parents
more
than 6 months after birth, | ||||||
7 | has maintained substantial and continuous or
| ||||||
8 | repeated contact with the child as manifested by:
| ||||||
9 | (I) the payment by the father
toward the support of | ||||||
10 | the child of a fair and reasonable sum, according | ||||||
11 | to the
father's means, and either (II) the father's | ||||||
12 | visiting the child at least
monthly
when | ||||||
13 | physically and financially able to do so and not | ||||||
14 | prevented from doing so
by the person or authorized | ||||||
15 | agency having lawful custody of the child, or (III)
| ||||||
16 | the father's regular communication with the child | ||||||
17 | or with the person or agency
having the care or | ||||||
18 | custody of the child, when physically and | ||||||
19 | financially unable
to visit the child or prevented | ||||||
20 | from doing so by the person or authorized
agency | ||||||
21 | having lawful custody of the child. The subjective | ||||||
22 | intent of the
father,
whether expressed or | ||||||
23 | otherwise unsupported by evidence of acts | ||||||
24 | specified in
this sub-paragraph as manifesting | ||||||
25 | such intent, shall not preclude a
determination | ||||||
26 | that the father failed to maintain substantial and |
| |||||||
| |||||||
1 | continuous or
repeated contact with the child; or
| ||||||
2 | (vi) in the case of a child placed with the | ||||||
3 | adopting parents more than
six
months after birth, | ||||||
4 | openly lived with the child for a period of six | ||||||
5 | months
within the one year period immediately | ||||||
6 | preceding the placement of the child for
adoption | ||||||
7 | and openly held himself out to be the father of the | ||||||
8 | child; or
| ||||||
9 | (vii) has timely registered with Putative | ||||||
10 | Father Registry, as provided
in
Section 12.1 of | ||||||
11 | this Act,
and prior to the expiration of 30 days | ||||||
12 | from the date
of such registration, commenced | ||||||
13 | legal
proceedings to establish paternity under the | ||||||
14 | Illinois Parentage Act of 1984
or under the law of | ||||||
15 | the jurisdiction of the child's birth; and or
| ||||||
16 | (B-5) Except as provided in subsection (f) of this | ||||||
17 | Section, any of the following individuals related to | ||||||
18 | the minor child through the minor child's father if the | ||||||
19 | consent of the father is required under subdivision | ||||||
20 | (1)(B) of this subsection (b): grand-parent, adult | ||||||
21 | brother, adult sister, step-parent,
step-grandparent, | ||||||
22 | step-brother, step-sister, uncle, aunt, great-uncle,
| ||||||
23 | great-aunt, or cousin of first degree; or
| ||||||
24 | (2) The legal guardian of the person of the child, if | ||||||
25 | there
is no surviving parent; or
| ||||||
26 | (3) An agency, if the child has been surrendered for
|
| |||||||
| |||||||
1 | adoption to such agency; or
| ||||||
2 | (4) Any person or agency having legal custody of a | ||||||
3 | child by court order
if the parental rights of the parents | ||||||
4 | have been judicially terminated, and
the court having | ||||||
5 | jurisdiction of the guardianship of the child has | ||||||
6 | authorized
the consent to the adoption; or
| ||||||
7 | (5) The execution and
verification of the petition by | ||||||
8 | any petitioner who is
also a parent of the child sought to | ||||||
9 | be adopted shall be sufficient evidence
of such parent's | ||||||
10 | consent to the adoption.
| ||||||
11 | (c) Where surrenders to an agency are required in the case | ||||||
12 | of a placement
for adoption of a minor child by an agency, the | ||||||
13 | surrenders of the following
persons shall be sufficient:
| ||||||
14 | (1) (A) The mother of the minor child; and
| ||||||
15 | (B) The father of the minor child, if the father:
| ||||||
16 | (i) was married to the mother on the date of | ||||||
17 | birth of the child or
within 300 days before the | ||||||
18 | birth of the child, except for a husband or former
| ||||||
19 | husband who has been found by a court of competent | ||||||
20 | jurisdiction not to be the
biological father of the | ||||||
21 | child; or
| ||||||
22 | (ii) is the father of the child under a | ||||||
23 | judgment for adoption, an
order of parentage, or an | ||||||
24 | acknowledgment of parentage or paternity pursuant
| ||||||
25 | to subsection (a) of Section 5 of the Illinois | ||||||
26 | Parentage Act of 1984; or
|
| |||||||
| |||||||
1 | (iii) in the case of a child placed with the | ||||||
2 | adopting parents less
than
6 months after birth, | ||||||
3 | openly lived with the child, the child's | ||||||
4 | biological
mother, or
both,
and
held himself out to | ||||||
5 | be the child's biological father during the first | ||||||
6 | 30 days
following the birth of a child; or
| ||||||
7 | (iv) in the case of a child placed with the | ||||||
8 | adopting parents less than
6
months after birth, | ||||||
9 | made a good faith effort to pay a reasonable amount | ||||||
10 | of the
expenses
related to the birth of the child | ||||||
11 | and to provide a reasonable amount for the
| ||||||
12 | financial support of the child before
the | ||||||
13 | expiration of 30 days following the birth of
the
| ||||||
14 | child,
provided that the court may consider in its | ||||||
15 | determination all relevant
circumstances, | ||||||
16 | including the financial condition of both | ||||||
17 | biological parents;
or
| ||||||
18 | (v) in the case of a child placed with the | ||||||
19 | adopting parents more than
six
months after birth, | ||||||
20 | has maintained substantial and continuous or | ||||||
21 | repeated
contact with the child as manifested by: | ||||||
22 | (I) the payment by the father toward
the support of | ||||||
23 | the child of a fair and reasonable sum, according | ||||||
24 | to the
father's means, and either (II) the father's | ||||||
25 | visiting the child at least
monthly when | ||||||
26 | physically and financially able to do so and not |
| |||||||
| |||||||
1 | prevented from
doing so by the person or authorized | ||||||
2 | agency having lawful custody of the child
or (III) | ||||||
3 | the father's regular communication with the child | ||||||
4 | or with the person
or agency having the care or | ||||||
5 | custody of the child, when physically and
| ||||||
6 | financially unable to visit the child or prevented | ||||||
7 | from doing so by the person
or authorized agency | ||||||
8 | having lawful custody of the child. The subjective
| ||||||
9 | intent of the father, whether expressed or | ||||||
10 | otherwise, unsupported by evidence
of acts | ||||||
11 | specified in this sub-paragraph as manifesting | ||||||
12 | such intent, shall not
preclude a determination | ||||||
13 | that the father failed to maintain substantial and
| ||||||
14 | continuous or repeated contact with the child; or
| ||||||
15 | (vi) in the case of a child placed with the | ||||||
16 | adopting parents more than
six
months after birth, | ||||||
17 | openly lived with the child for a period of six | ||||||
18 | months
within the one year period immediately | ||||||
19 | preceding the placement of the child for
adoption | ||||||
20 | and openly held himself out to be the father of the | ||||||
21 | child; or
| ||||||
22 | (vii) has timely registered with the Putative | ||||||
23 | Father Registry, as
provided
in Section 12.1 of | ||||||
24 | this Act,
and prior to the expiration of 30 days | ||||||
25 | from the date
of such
registration, commenced | ||||||
26 | legal
proceedings to establish paternity under the |
| |||||||
| |||||||
1 | Illinois Parentage Act of 1984, or
under the law of | ||||||
2 | the jurisdiction of the child's birth .
| ||||||
3 | (d) In making a determination under subparagraphs (b)(1) | ||||||
4 | and (c)(1), no
showing shall be required of diligent efforts by | ||||||
5 | a person or agency to
encourage the father to perform the acts | ||||||
6 | specified therein.
| ||||||
7 | (e) In the case of the adoption of an adult, only the | ||||||
8 | consent of
such adult shall be required.
| ||||||
9 | (f) The court shall deem the consent under subdivisions | ||||||
10 | (b)(1)((A-5) and (b)(1)(B-5) of this Section to be given upon a | ||||||
11 | showing that: | ||||||
12 | (1) each relative from who consent must be obtained has | ||||||
13 | been provided with a written request for consent; and | ||||||
14 | (2) each relative has either: | ||||||
15 | (A) provided consent to the adoption; or | ||||||
16 | (B) has failed to file a petition for guardianship | ||||||
17 | of the minor child within 30 days of receiving the | ||||||
18 | written request for consent. | ||||||
19 | If the mother or father of the minor child objects to the | ||||||
20 | requirement that consent be obtained from the relatives of the | ||||||
21 | minor child identified in subdivisions (b)(1)(A-5) and | ||||||
22 | (b)(1)(B-5) of this Section, the court may waive the | ||||||
23 | requirement that consent be obtained from the relatives of the | ||||||
24 | minor child if, after a hearing for which all relatives are | ||||||
25 | provided notice, the court finds that it is not in the best | ||||||
26 | interests of the minor child to require consent from the |
| |||||||
| |||||||
1 | relatives of the minor child. | ||||||
2 | (Source: P.A. 97-493, eff. 8-22-11; 97-1150, eff. 1-25-13.)
|