Illinois 2023-2024 Regular Session

Illinois House Bill HB0003 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0003 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: See Index Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes. LRB103 03564 CPF 48570 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0003 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: See Index See Index Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes. LRB103 03564 CPF 48570 b LRB103 03564 CPF 48570 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0003 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. This Act may be referred to as the Reproductive
15	15	5 Liberty and Justice Act.
16	16	6 Section 3. Purpose. The purposes of this Act are to reduce
17	17	7 racial and geographic inequities that currently preclude
18	18	8 segments of the Illinois population from autonomously
19	19	9 exercising the fundamental rights and liberties provided by
20	20	10 the Reproductive Health Act; to provide patients with a secure
21	21	11 knowledge that the personal information they disclose to
22	22	12 providers of reproductive health care services will remain
23	23	13 private and confidential; to correct deficiencies in the
24	24	14 implementation of Public Act 93-578, such that families who
25	25	15 experience stillbirth are treated with dignity and respect by
26	26	16 this State; and to ensure that the increasing number of
27	27	17 patients traveling to Illinois from out-of-state for legal
28	28	18 abortion care does not compound inequities in the availability
29	29	19 of and access to maternity care among childbearing families
30	30	20 who reside in Illinois.
31	31	21 Section 5. The Substance Use Disorder Act is amended by
32	32	22 adding Section 35-15 as follows:
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0003 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, if authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes.
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67	67	1 (20 ILCS 301/35-15 new)
68	68	2 Sec. 35-15. Plans of Safe Care. The Division of Substance
69	69	3 Use Prevention and Recovery, in consultation with the Illinois
70	70	4 Perinatal Quality Collaborative or its successor organization,
71	71	5 shall develop a standardized Plan of Safe Care form to support
72	72	6 discharge planning for mothers and infants affected by
73	73	7 prenatal substance exposure. Plans of Safe Care shall not be
74	74	8 recorded in the State Central Registry described in Section 7
75	75	9 of the Abused and Neglected Child Reporting Act and shall not
76	76	10 be discoverable or admissible as evidence in any proceeding
77	77	11 pursuant to the Juvenile Court Act of 1987 or the Adoption Act
78	78	12 unless the named party waives his or her right to
79	79	13 confidentiality in writing.
80	80	14 As used in this Section, "Plan of Safe Care" means a
81	81	15 written or electronic document designed to ensure the safety
82	82	16 and well-being of a newborn who has been identified by his or
83	83	17 her healthcare provider as being affected by prenatal
84	84	18 substance exposure or withdrawal symptoms, or a fetal alcohol
85	85	19 spectrum disorder (FASD), and his or her gestational parent.
86	86	20 Section 10. The Equity and Representation in Health Care
87	87	21 Act is amended by changing Section 10 as follows:
88	88	22 (110 ILCS 932/10)
89	89	23 (This Section may contain text from a Public Act with a
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100	100	1 delayed effective date)
101	101	2 Sec. 10. Definitions. As used in this Act:
102	102	3 "Accredited school" means a college or university in which
103	103	4 a degree in allopathic medicine, osteopathic medicine,
104	104	5 dentistry, physical therapy, or an equivalent credential for a
105	105	6 health program is earned and for which the Council for Higher
106	106	7 Education Accreditation or its affiliates has determined that
107	107	8 the school meets specific standards for its programs, faculty,
108	108	9 and curriculum.
109	109	10 "Advanced practice registered nurse" or "APRN" means an
110	110	11 advanced practice registered nurse as defined under Section
111	111	12 50-10 of the Nurse Practice Act.
112	112	13 "Allopathic medicine" means the use of pharmacological
113	113	14 agents or physical interventions to treat or suppress symptoms
114	114	15 or processes of diseases or conditions.
115	115	16 "Applicant" means a health care professional or medical
116	116	17 facility who applies for loan repayment assistance or
117	117	18 scholarship funds under this Act.
118	118	19 "Approved graduate training" means training in medicine,
119	119	20 dentistry, or any other health profession that leads to
120	120	21 eligibility for board certification, provides evidence of
121	121	22 completion, and is approved by the appropriate health care
122	122	23 professional's body.
123	123	24 "Behavioral health provider" means a provider of a
124	124	25 commonly recognized discipline in the behavioral health
125	125	26 industry, including, but not limited to, licensed clinical
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136	136	1 social workers, behavioral health therapists, certified
137	137	2 marriage and family counselors, licensed social workers, and
138	138	3 addiction counselors.
139	139	4 "Breach of service obligation" means failure for any
140	140	5 reason to begin or complete a contractual service commitment.
141	141	6 "Commercial loan" means a loan made by a bank, credit
142	142	7 union, savings and loan association, insurance company,
143	143	8 school, or other financial institution.
144	144	9 "Community health center" means a migrant health center,
145	145	10 community health center, health care program for the homeless
146	146	11 or for residents of public housing supported under Section 330
147	147	12 of the federal Public Health Service Act, or FQHC, including
148	148	13 an FQHC Look-Alike, as designated by the U.S. Department of
149	149	14 Health and Human Services, that operates at least one
150	150	15 federally designated primary health care delivery site in
151	151	16 Illinois.
152	152	17 "Default" means failure to meet a legal obligation or
153	153	18 condition of a loan.
154	154	19 "Department" means the Department of Public Health.
155	155	20 "Dental assistant" means a person who serves as a member
156	156	21 of a dental care team, working directly with a dentist to
157	157	22 perform duties that include, but are not limited to, assisting
158	158	23 with dental procedures, preparing patients for procedures,
159	159	24 preparing examinations, and sterilizing equipment.
160	160	25 "Dentist" means a person licensed to practice dentistry
161	161	26 under the Illinois Dental Practice Act.
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172	172	1 "Director" means the Director of Public Health.
173	173	2 "Equity and Representation in Health Care Workforce
174	174	3 Repayment Program" or "Repayment Program" means the Equity and
175	175	4 Representation in Health Care Workforce Repayment Program
176	176	5 created under subsection (a) of Section 15.
177	177	6 "Equity and Representation in Health Care Workforce
178	178	7 Scholarship Program" or "Scholarship Program" means the Equity
179	179	8 and Representation in Health Care Workforce Scholarship
180	180	9 Program created under subsection (b) of Section 15.
181	181	10 "Federally Qualified Health Center" or "FQHC" means a
182	182	11 health center funded under Section 330 of the federal Public
183	183	12 Health Service Act.
184	184	13 "Federally Qualified Health Center Look-Alike" or "FQHC
185	185	14 Look-Alike" means a health center that meets the requirements
186	186	15 for receiving a grant under Section 330 of the federal Public
187	187	16 Health Service Act but does not receive funding under that
188	188	17 authority.
189	189	18 "Government loan" means a loan made by a federal, State,
190	190	19 county, or city agency authorized to make the loan.
191	191	20 "Health care professional" means a physician, physician
192	192	21 assistant, advanced practice registered nurse, nurse, licensed
193	193	22 certified professional midwife, chiropractic physician,
194	194	23 podiatrist, physical therapist, physical therapist assistant,
195	195	24 occupational therapist, speech therapist, behavioral health
196	196	25 provider, psychiatrist, psychologist, pharmacist, dentist,
197	197	26 medical assistant, dental assistant, or dental hygienist.
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208	208	1 "Health professional shortage area" or "HPSA" means a
209	209	2 designation from the U.S. Department of Health and Human
210	210	3 Services that indicates the shortage of primary medical care
211	211	4 or dental or mental health providers. The designation may be
212	212	5 geographic, such as a county or service area; demographic,
213	213	6 such as low-income population; or institutional, such as a
214	214	7 comprehensive health center, FQHC, or other public facility.
215	215	8 "Lender" means the commercial or government entity that
216	216	9 makes a qualifying loan.
217	217	10 "Licensed certified professional midwife" means a person
218	218	11 who meets the requirements under Section 45 of the Licensed
219	219	12 Certified Professional Midwife Practice Act and holds an
220	220	13 active license to practice as a certified professional midwife
221	221	14 in Illinois.
222	222	15 "Loan repayment award" or "award" means the amount of
223	223	16 funding awarded to a recipient based upon his or her
224	224	17 reasonable educational expenses, up to a maximum established
225	225	18 by the program.
226	226	19 "Loan repayment agreement" or "agreement" means the
227	227	20 written instrument defining a legal relationship entered into
228	228	21 between the Department and a recipient.
229	229	22 "Medical assistant" means a person who serves as a member
230	230	23 of a medical care team working directly with other providers
231	231	24 to perform duties that include, but are not limited to,
232	232	25 gathering patient information, taking vital signs, preparing
233	233	26 patients for examinations, and assisting physicians during
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244	244	1 examinations.
245	245	2 "Medical facility" means a facility in which the delivery
246	246	3 of health services is provided. A medical facility must be a
247	247	4 nonprofit or public facility located in Illinois and includes
248	248	5 the following:
249	249	6 (1) A Federally Qualified Health Center.
250	250	7 (2) An FQHC Look-Alike.
251	251	8 (3) A hospital system operated by a county with more
252	252	9 than 3,000,000 residents.
253	253	10 (4) A reproductive health center established at a
254	254	11 nonprofit community health center under Section 2310-438
255	255	12 of the Department of Public Health Powers and Duties Law
256	256	13 of the Civil Administrative Code of Illinois, if approved
257	257	14 by the Department.
258	258	15 "Medically underserved area" or "MUA" means an area
259	259	16 designated by the U.S. Department of Health and Human
260	260	17 Services' Health Resources and Services Administration as
261	261	18 having too few primary care providers, high infant mortality,
262	262	19 high poverty, or a high elderly population.
263	263	20 "Nurse" means a person who is licensed as a licensed
264	264	21 practical nurse or as a registered nurse under the Nurse
265	265	22 Practice Act.
266	266	23 "Osteopathic medicine" means medical practice based upon
267	267	24 the theory that diseases are due to loss of structural
268	268	25 integrity, which can be restored by manipulation of the parts
269	269	26 and supplemented by therapeutic measures.
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280	280	1 "Physical therapist" means an individual licensed as a
281	281	2 physical therapist under the Illinois Physical Therapy Act.
282	282	3 "Physical therapist assistant" means an individual
283	283	4 licensed as a physical therapist assistant under the Illinois
284	284	5 Physical Therapy Act.
285	285	6 "Physician" means a person licensed to practice medicine
286	286	7 in all of its branches under the Medical Practice Act of 1987.
287	287	8 "Physician assistant" means an individual licensed under
288	288	9 the Physician Assistant Practice Act of 1987.
289	289	10 "Primary care" means health care that encompasses
290	290	11 prevention services, basic diagnostic and treatment services,
291	291	12 and support services, including laboratory, radiology,
292	292	13 transportation, and pharmacy services.
293	293	14 "Psychiatrist" means a physician licensed to practice
294	294	15 medicine in Illinois under the Medical Practice Act of 1987
295	295	16 who has successfully completed an accredited residency program
296	296	17 in psychiatry.
297	297	18 "Qualifying loan" means a government loan or commercial
298	298	19 loan used for tuition and reasonable educational and living
299	299	20 expenses related to undergraduate or graduate education that
300	300	21 was obtained by the recipient prior to his or her application
301	301	22 for loan repayment and that is contemporaneous with the
302	302	23 education received.
303	303	24 "Reasonable educational expenses" means costs for
304	304	25 education, exclusive of tuition. These costs include, but are
305	305	26 not limited to, fees, books, supplies, clinical travel,
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316	316	1 educational equipment, materials, board certification, or
317	317	2 licensing examinations. "Reasonable educational expenses" do
318	318	3 not exceed the estimated standard budget for expenses for the
319	319	4 degree program and for the years of enrollment.
320	320	5 "Reasonable living expenses" means room and board,
321	321	6 transportation, and commuting costs associated with the
322	322	7 applicant's attendance and participation in an educational and
323	323	8 workforce training program. "Reasonable living expenses" do
324	324	9 not exceed the estimated standard budget for the recipient's
325	325	10 degree program and for the years of enrollment.
326	326	11 "Recognized training entity" means an entity approved by
327	327	12 the Department to provide training and education for medical
328	328	13 assistants and dental assistants.
329	329	14 "Recipient" means a health care professional or medical
330	330	15 facility that may use loan repayment funds.
331	331	16 "Rural" has the same meaning that is used by the federal
332	332	17 Health Resources and Services Administration to determine
333	333	18 eligibility for Rural Health Grants.
334	334	19 "State" means the State of Illinois.
335	335	20 (Source: P.A. 102-942, eff. 1-1-23; revised 9-2-22.)
336	336	21 Section 15. The Hospital Licensing Act is amended by
337	337	22 changing Section 11.4 and by adding Section 11.9 as follows:
338	338	23 (210 ILCS 85/11.4)
339	339	24 Sec. 11.4. Disposition of fetus. A hospital having custody
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350	350	1 of a fetus following a spontaneous fetal demise occurring
351	351	2 during or after a gestation period of less than 20 completed
352	352	3 weeks must notify the mother of her right to arrange for the
353	353	4 burial or cremation of the fetus. Notification may also
354	354	5 include other options such as, but not limited to, a ceremony,
355	355	6 a certificate, or common burial or cremation of fetal tissue.
356	356	7 If, within 24 hours after being notified under this Section,
357	357	8 the mother elects in writing to arrange for the burial or
358	358	9 cremation of the fetus, the disposition of the fetus shall be
359	359	10 subject to the same laws and rules that apply in the case of a
360	360	11 fetal death that occurs in this State after a gestation period
361	361	12 of 20 completed weeks or more. The Department of Public Health
362	362	13 shall develop forms to be used for notifications and elections
363	363	14 under this Section and hospitals shall provide the forms to
364	364	15 the mother.
365	365	16 (Source: P.A. 96-338, eff. 1-1-10.)
366	366	17 (210 ILCS 85/11.9 new)
367	367	18 Sec. 11.9. Certificate of birth resulting in stillbirth;
368	368	19 notification. This Section may be referred to as Liam's Law.
369	369	20 A hospital having custody of a fetus following a
370	370	21 spontaneous fetal death occurring during or after a gestation
371	371	22 period of at least 20 completed weeks must notify the
372	372	23 gestational parent of the parent's right to receive a
373	373	24 certificate of birth resulting in stillbirth as described in
374	374	25 Section 20.5 of the Vital Records Act. The Department of
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385	385	1 Public Health shall develop a form to be used for notification
386	386	2 under this Section and hospitals shall provide the form to the
387	387	3 gestational parent. This form shall be known as a "Liam's Law
388	388	4 notice." The Department of Public Health shall consult with
389	389	5 the 2 Illinois-based Fetal Infant Mortality Review Project
390	390	6 Community Action Teams, or their successor organizations, to
391	391	7 ensure that any language included in the standardized "Liam's
392	392	8 Law notice" is culturally sensitive to the needs of bereaved
393	393	9 families. The "Liam's Law notice" shall be available in both
394	394	10 English and Spanish.
395	395	11 Section 20. The Birth Center Licensing Act is amended by
396	396	12 changing Section 5 and by adding Section 65 as follows:
397	397	13 (210 ILCS 170/5)
398	398	14 (Text of Section before amendment by P.A. 102-964)
399	399	15 Sec. 5. Definitions. In this Act:
400	400	16 "Birth center" means a designated site, other than a
401	401	17 hospital:
402	402	18 (1) in which births are planned to occur following a
403	403	19 normal, uncomplicated, and low-risk pregnancy;
404	404	20 (2) that is not the pregnant person's usual place of
405	405	21 residence;
406	406	22 (3) that is exclusively dedicated to serving the
407	407	23 reproductive health care childbirth-related needs of
408	408	24 pregnant persons and their newborns, and has no more than
409	409
410	410
411	411
412	412
413	413
414	414	HB0003 - 11 - LRB103 03564 CPF 48570 b
415	415
416	416
417	417	HB0003- 12 -LRB103 03564 CPF 48570 b HB0003 - 12 - LRB103 03564 CPF 48570 b
418	418	HB0003 - 12 - LRB103 03564 CPF 48570 b
419	419	1 10 beds;
420	420	2 (4) that offers prenatal care and community education
421	421	3 services and coordinates these services with other health
422	422	4 care services available in the community; and
423	423	5 (5) that does not provide general anesthesia; and or
424	424	6 surgery.
425	425	7 (6) that does not provide surgery except as allowed by
426	426	8 the Department by rule.
427	427	9 "Certified nurse midwife" means an advanced practice
428	428	10 registered nurse licensed in Illinois under the Nurse Practice
429	429	11 Act with full practice authority or who is delegated such
430	430	12 authority as part of a written collaborative agreement with a
431	431	13 physician who is associated with the birthing center or who
432	432	14 has privileges at a nearby birthing hospital.
433	433	15 "Department" means the Illinois Department of Public
434	434	16 Health.
435	435	17 "Hospital" does not include places where pregnant females
436	436	18 are received, cared for, or treated during delivery if it is in
437	437	19 a licensed birth center, nor include any facility required to
438	438	20 be licensed as a birth center.
439	439	21 "Physician" means a physician licensed to practice
440	440	22 medicine in all its branches in Illinois.
441	441	23 "Reproductive health care" has the meaning ascribed to
442	442	24 that term in Section 1-10 of the Reproductive Health Act.
443	443	25 (Source: P.A. 102-518, eff. 8-20-21.)
444	444
445	445
446	446
447	447
448	448
449	449	HB0003 - 12 - LRB103 03564 CPF 48570 b
450	450
451	451
452	452	HB0003- 13 -LRB103 03564 CPF 48570 b HB0003 - 13 - LRB103 03564 CPF 48570 b
453	453	HB0003 - 13 - LRB103 03564 CPF 48570 b
454	454	1 (Text of Section after amendment by P.A. 102-964)
455	455	2 Sec. 5. Definitions. In this Act:
456	456	3 "Birth center" means a designated site, other than a
457	457	4 hospital:
458	458	5 (1) in which births are planned to occur following a
459	459	6 normal, uncomplicated, and low-risk pregnancy;
460	460	7 (2) that is not the pregnant person's usual place of
461	461	8 residence;
462	462	9 (3) that is exclusively dedicated to serving the
463	463	10 reproductive health care childbirth-related needs of
464	464	11 pregnant persons and their newborns, and has no more than
465	465	12 10 beds;
466	466	13 (4) that offers prenatal care and community education
467	467	14 services and coordinates these services with other health
468	468	15 care services available in the community; and
469	469	16 (5) that does not provide general anesthesia; and or
470	470	17 surgery.
471	471	18 (6) that does not provide surgery except as allowed by
472	472	19 the Department by rule.
473	473	20 "Certified nurse midwife" means an advanced practice
474	474	21 registered nurse licensed in Illinois under the Nurse Practice
475	475	22 Act with full practice authority or who is delegated such
476	476	23 authority as part of a written collaborative agreement with a
477	477	24 physician who is associated with the birthing center or who
478	478	25 has privileges at a nearby birthing hospital.
479	479	26 "Department" means the Illinois Department of Public
480	480
481	481
482	482
483	483
484	484
485	485	HB0003 - 13 - LRB103 03564 CPF 48570 b
486	486
487	487
488	488	HB0003- 14 -LRB103 03564 CPF 48570 b HB0003 - 14 - LRB103 03564 CPF 48570 b
489	489	HB0003 - 14 - LRB103 03564 CPF 48570 b
490	490	1 Health.
491	491	2 "Hospital" does not include places where pregnant females
492	492	3 are received, cared for, or treated during delivery if it is in
493	493	4 a licensed birth center, nor include any facility required to
494	494	5 be licensed as a birth center.
495	495	6 "Licensed certified professional midwife" means a person
496	496	7 who has successfully met the requirements under Section 45 of
497	497	8 the Licensed Certified Professional Midwife Practice Act and
498	498	9 holds an active license to practice as a licensed certified
499	499	10 professional midwife in Illinois.
500	500	11 "Physician" means a physician licensed to practice
501	501	12 medicine in all its branches in Illinois.
502	502	13 "Reproductive health care" has the meaning ascribed to
503	503	14 that term Section 1-10 of the Reproductive Health Act.
504	504	15 (Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
505	505	16 (210 ILCS 170/65 new)
506	506	17 Sec. 65. Co-located facilities; essential reproductive
507	507	18 health care services.
508	508	19 (a) In this Section, "co-located facility" means a
509	509	20 facility licensed in accordance with rules adopted by the
510	510	21 Department under subsection (c).
511	511	22 (b) Notwithstanding any other provision of law, a birth
512	512	23 center licensed under this Act, a birth center operating under
513	513	24 the Alternative Health Care Delivery Act, or any licensed
514	514	25 provider of abortion services and birth control services
515	515
516	516
517	517
518	518
519	519
520	520	HB0003 - 14 - LRB103 03564 CPF 48570 b
521	521
522	522
523	523	HB0003- 15 -LRB103 03564 CPF 48570 b HB0003 - 15 - LRB103 03564 CPF 48570 b
524	524	HB0003 - 15 - LRB103 03564 CPF 48570 b
525	525	1 on-site may be co-located at the same facility.
526	526	2 (c) The Department shall adopt rules creating a licensing
527	527	3 scheme and designation for co-located facilities.
528	528	4 (d) A co-located facility shall provide essential
529	529	5 reproductive health care services according to a sliding fee
530	530	6 schedule for uninsured patients, such as the Sliding Fee
531	531	7 Discount Program's fee schedule used by Federally Qualified
532	532	8 Health Centers. The essential reproductive health care
533	533	9 services include, but are not limited to, all of the
534	534	10 following:
535	535	11 (1) Annual women's health examinations, including, but
536	536	12 not limited to, Papanicolaou tests and breast
537	537	13 examinations.
538	538	14 (2) Recovery support services for pregnant and
539	539	15 postpartum individuals affected by a substance use
540	540	16 disorder, including, but not limited to, the prescription
541	541	17 of medications that are approved by the United States Food
542	542	18 and Drug Administration and the Center for Substance Abuse
543	543	19 Treatment for the treatment of an opioid use disorder in
544	544	20 pregnant individuals. As used in this paragraph, "recovery
545	545	21 support" has the meaning ascribed to that term in Section
546	546	22 1-10 of the Substance Use Disorder Act.
547	547	23 (3) Preconception wellness visits.
548	548	24 (4) Prenatal care, including, but not limited to,
549	549	25 ultrasound examinations.
550	550	26 (5) Labor and delivery services led by a physician,
551	551
552	552
553	553
554	554
555	555
556	556	HB0003 - 15 - LRB103 03564 CPF 48570 b
557	557
558	558
559	559	HB0003- 16 -LRB103 03564 CPF 48570 b HB0003 - 16 - LRB103 03564 CPF 48570 b
560	560	HB0003 - 16 - LRB103 03564 CPF 48570 b
561	561	1 certified nurse midwife, or licensed certified
562	562	2 professional midwife.
563	563	3 (6) Postpartum care and support.
564	564	4 (7) Examinations and prescriptions for contraceptives.
565	565	5 (8) Abortion care and post-abortion care, including,
566	566	6 but not limited to, induced terminations and management of
567	567	7 spontaneous fetal death.
568	568	8 (9) Examinations, care, and prescriptions for sexually
569	569	9 transmitted infections.
570	570	10 (10) Assessment for and prescription of pre-exposure
571	571	11 prophylaxis (PrEP).
572	572	12 (11) Perinatal doulas and community health workers who
573	573	13 specialize in reproductive health care issues.
574	574	14 (e) A co-located facility shall not refuse access to
575	575	15 essential reproductive health care services described under
576	576	16 subsection (d) to a patient seeking access to any of those
577	577	17 services on the basis of his or her immigration status, state
578	578	18 or territory of residence, insurance status, or of any other
579	579	19 characteristic protected under the Illinois Human Rights Act.
580	580	20 (f) A co-located facility must obtain a certificate of
581	581	21 need from the Health Facilities and Services Review Board
582	582	22 under the Health Facilities Planning Act to operate an
583	583	23 obstetric bed unit with a bed capacity of no more than 8 beds.
584	584	24 (g) A co-located facility shall link and integrate labor
585	585	25 and delivery services with at least one hospital with a
586	586	26 minimum Level 3 perinatal designation.
587	587
588	588
589	589
590	590
591	591
592	592	HB0003 - 16 - LRB103 03564 CPF 48570 b
593	593
594	594
595	595	HB0003- 17 -LRB103 03564 CPF 48570 b HB0003 - 17 - LRB103 03564 CPF 48570 b
596	596	HB0003 - 17 - LRB103 03564 CPF 48570 b
597	597	1 (h) A co-located facility shall be eligible to receive
598	598	2 funding through the Department of Human Services for
599	599	3 programming described in subsections (h) and (i) of Section
600	600	4 35-5 of the Substance Use Disorder Act.
601	601	5 Section 25. The Licensed Certified Professional Midwife
602	602	6 Practice Act is amended by changing Section 85 as follows:
603	603	7 (225 ILCS 64/85)
604	604	8 (Section scheduled to be repealed on January 1, 2027)
605	605	9 Sec. 85. Prohibited practices.
606	606	10 (a) A licensed certified professional midwife may not do
607	607	11 any of the following:
608	608	12 (1) administer prescription pharmacological agents
609	609	13 intended to induce or augment labor;
610	610	14 (2) administer prescription pharmacological agents to
611	611	15 provide pain management;
612	612	16 (3) use vacuum extractors or forceps;
613	613	17 (4) prescribe medications;
614	614	18 (5) provide out-of-hospital intrapartum care to a
615	615	19 childbearing individual who has had a previous cesarean
616	616	20 section;
617	617	21 (6) perform abortions or surgical procedures,
618	618	22 including, but not limited to, cesarean sections and
619	619	23 circumcisions, except for an emergency episiotomy;
620	620	24 (7) knowingly accept responsibility for prenatal or
621	621
622	622
623	623
624	624
625	625
626	626	HB0003 - 17 - LRB103 03564 CPF 48570 b
627	627
628	628
629	629	HB0003- 18 -LRB103 03564 CPF 48570 b HB0003 - 18 - LRB103 03564 CPF 48570 b
630	630	HB0003 - 18 - LRB103 03564 CPF 48570 b
631	631	1 intrapartum care of a client with any of the following
632	632	2 risk factors:
633	633	3 (A) chronic significant maternal cardiac,
634	634	4 pulmonary, renal, or hepatic disease;
635	635	5 (B) malignant disease in an active phase;
636	636	6 (C) significant hematological disorders,
637	637	7 coagulopathies, or pulmonary embolism;
638	638	8 (D) insulin requiring diabetes mellitus;
639	639	9 (E) known maternal congenital abnormalities
640	640	10 affecting childbirth;
641	641	11 (F) confirmed isoimmunization, Rh disease with
642	642	12 positive titer;
643	643	13 (G) active tuberculosis;
644	644	14 (H) active syphilis or gonorrhea;
645	645	15 (I) active genital herpes infection 2 weeks prior
646	646	16 to labor or in labor;
647	647	17 (J) pelvic or uterine abnormalities affecting
648	648	18 normal vaginal births, including tumors and
649	649	19 malformations;
650	650	20 (K) (blank) alcoholism or alcohol abuse;
651	651	21 (L) (blank) drug addiction or abuse; or
652	652	22 (M) confirmed AIDS status.
653	653	23 (b) A licensed certified professional midwife shall not
654	654	24 administer Schedule II through IV controlled substances.
655	655	25 Subject to a prescription by a health care professional,
656	656	26 Schedule V controlled substances may be administered by
657	657
658	658
659	659
660	660
661	661
662	662	HB0003 - 18 - LRB103 03564 CPF 48570 b
663	663
664	664
665	665	HB0003- 19 -LRB103 03564 CPF 48570 b HB0003 - 19 - LRB103 03564 CPF 48570 b
666	666	HB0003 - 19 - LRB103 03564 CPF 48570 b
667	667	1 licensed certified professional midwives.
668	668	2 (Source: P.A. 102-683, eff. 10-1-22.)
669	669	3 Section 30. The Abused and Neglected Child Reporting Act
670	670	4 is amended by changing Sections 3, 5, and 7.3 and by adding
671	671	5 Section 3.5 as follows:
672	672	6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
673	673	7 Sec. 3. As used in this Act unless the context otherwise
674	674	8 requires:
675	675	9 "Adult resident" means any person between 18 and 22 years
676	676	10 of age who resides in any facility licensed by the Department
677	677	11 under the Child Care Act of 1969. For purposes of this Act, the
678	678	12 criteria set forth in the definitions of "abused child" and
679	679	13 "neglected child" shall be used in determining whether an
680	680	14 adult resident is abused or neglected.
681	681	15 "Agency" means a child care facility licensed under
682	682	16 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
683	683	17 includes a transitional living program that accepts children
684	684	18 and adult residents for placement who are in the guardianship
685	685	19 of the Department.
686	686	20 "Blatant disregard" means an incident where the real,
687	687	21 significant, and imminent risk of harm would be so obvious to a
688	688	22 reasonable parent or caretaker that it is unlikely that a
689	689	23 reasonable parent or caretaker would have exposed the child to
690	690	24 the danger without exercising precautionary measures to
691	691
692	692
693	693
694	694
695	695
696	696	HB0003 - 19 - LRB103 03564 CPF 48570 b
697	697
698	698
699	699	HB0003- 20 -LRB103 03564 CPF 48570 b HB0003 - 20 - LRB103 03564 CPF 48570 b
700	700	HB0003 - 20 - LRB103 03564 CPF 48570 b
701	701	1 protect the child from harm. With respect to a person working
702	702	2 at an agency in his or her professional capacity with a child
703	703	3 or adult resident, "blatant disregard" includes a failure by
704	704	4 the person to perform job responsibilities intended to protect
705	705	5 the child's or adult resident's health, physical well-being,
706	706	6 or welfare, and, when viewed in light of the surrounding
707	707	7 circumstances, evidence exists that would cause a reasonable
708	708	8 person to believe that the child was neglected. With respect
709	709	9 to an agency, "blatant disregard" includes a failure to
710	710	10 implement practices that ensure the health, physical
711	711	11 well-being, or welfare of the children and adult residents
712	712	12 residing in the facility.
713	713	13 "CAPTA notification" refers to notification to the
714	714	14 Department of an infant who has been born and identified as
715	715	15 affected by prenatal substance exposure or a fetal alcohol
716	716	16 spectrum disorder as required under the federal Child Abuse
717	717	17 Prevention and Treatment Act.
718	718	18 "Child" means any person under the age of 18 years, unless
719	719	19 legally emancipated by reason of marriage or entry into a
720	720	20 branch of the United States armed services.
721	721	21 "Department" means Department of Children and Family
722	722	22 Services.
723	723	23 "Local law enforcement agency" means the police of a city,
724	724	24 town, village or other incorporated area or the sheriff of an
725	725	25 unincorporated area or any sworn officer of the Illinois State
726	726	26 Police.
727	727
728	728
729	729
730	730
731	731
732	732	HB0003 - 20 - LRB103 03564 CPF 48570 b
733	733
734	734
735	735	HB0003- 21 -LRB103 03564 CPF 48570 b HB0003 - 21 - LRB103 03564 CPF 48570 b
736	736	HB0003 - 21 - LRB103 03564 CPF 48570 b
737	737	1 "Abused child" means a child whose parent or immediate
738	738	2 family member, or any person responsible for the child's
739	739	3 welfare, or any individual residing in the same home as the
740	740	4 child, or a paramour of the child's parent:
741	741	5 (a) inflicts, causes to be inflicted, or allows to be
742	742	6 inflicted upon such child physical injury, by other than
743	743	7 accidental means, which causes death, disfigurement,
744	744	8 impairment of physical or emotional health, or loss or
745	745	9 impairment of any bodily function;
746	746	10 (b) creates a substantial risk of physical injury to
747	747	11 such child by other than accidental means which would be
748	748	12 likely to cause death, disfigurement, impairment of
749	749	13 physical or emotional health, or loss or impairment of any
750	750	14 bodily function;
751	751	15 (c) commits or allows to be committed any sex offense
752	752	16 against such child, as such sex offenses are defined in
753	753	17 the Criminal Code of 2012 or in the Wrongs to Children Act,
754	754	18 and extending those definitions of sex offenses to include
755	755	19 children under 18 years of age;
756	756	20 (d) commits or allows to be committed an act or acts of
757	757	21 torture upon such child;
758	758	22 (e) inflicts excessive corporal punishment or, in the
759	759	23 case of a person working for an agency who is prohibited
760	760	24 from using corporal punishment, inflicts corporal
761	761	25 punishment upon a child or adult resident with whom the
762	762	26 person is working in his or her professional capacity;
763	763
764	764
765	765
766	766
767	767
768	768	HB0003 - 21 - LRB103 03564 CPF 48570 b
769	769
770	770
771	771	HB0003- 22 -LRB103 03564 CPF 48570 b HB0003 - 22 - LRB103 03564 CPF 48570 b
772	772	HB0003 - 22 - LRB103 03564 CPF 48570 b
773	773	1 (f) commits or allows to be committed the offense of
774	774	2 female genital mutilation, as defined in Section 12-34 of
775	775	3 the Criminal Code of 2012, against the child;
776	776	4 (g) causes to be sold, transferred, distributed, or
777	777	5 given to such child under 18 years of age, a controlled
778	778	6 substance as defined in Section 102 of the Illinois
779	779	7 Controlled Substances Act in violation of Article IV of
780	780	8 the Illinois Controlled Substances Act or in violation of
781	781	9 the Methamphetamine Control and Community Protection Act,
782	782	10 except for controlled substances that are prescribed in
783	783	11 accordance with Article III of the Illinois Controlled
784	784	12 Substances Act and are dispensed to such child in a manner
785	785	13 that substantially complies with the prescription;
786	786	14 (h) commits or allows to be committed the offense of
787	787	15 involuntary servitude, involuntary sexual servitude of a
788	788	16 minor, or trafficking in persons as defined in Section
789	789	17 10-9 of the Criminal Code of 2012 against the child; or
790	790	18 (i) commits the offense of grooming, as defined in
791	791	19 Section 11-25 of the Criminal Code of 2012, against the
792	792	20 child.
793	793	21 A child shall not be considered abused for the sole reason
794	794	22 that the child has been relinquished in accordance with the
795	795	23 Abandoned Newborn Infant Protection Act.
796	796	24 "Neglected child" means any child who is not receiving the
797	797	25 proper or necessary nourishment or medically indicated
798	798	26 treatment including food or care not provided solely on the
799	799
800	800
801	801
802	802
803	803
804	804	HB0003 - 22 - LRB103 03564 CPF 48570 b
805	805
806	806
807	807	HB0003- 23 -LRB103 03564 CPF 48570 b HB0003 - 23 - LRB103 03564 CPF 48570 b
808	808	HB0003 - 23 - LRB103 03564 CPF 48570 b
809	809	1 basis of the present or anticipated mental or physical
810	810	2 impairment as determined by a physician acting alone or in
811	811	3 consultation with other physicians or otherwise is not
812	812	4 receiving the proper or necessary support or medical or other
813	813	5 remedial care recognized under State law as necessary for a
814	814	6 child's well-being, or other care necessary for his or her
815	815	7 well-being, including adequate food, clothing and shelter; or
816	816	8 who is subjected to an environment which is injurious insofar
817	817	9 as (i) the child's environment creates a likelihood of harm to
818	818	10 the child's health, physical well-being, or welfare and (ii)
819	819	11 the likely harm to the child is the result of a blatant
820	820	12 disregard of parent, caretaker, person responsible for the
821	821	13 child's welfare, or agency responsibilities; or who is
822	822	14 abandoned by his or her parents or other person responsible
823	823	15 for the child's welfare without a proper plan of care; or who
824	824	16 has been provided with interim crisis intervention services
825	825	17 under Section 3-5 of the Juvenile Court Act of 1987 and whose
826	826	18 parent, guardian, or custodian refuses to permit the child to
827	827	19 return home and no other living arrangement agreeable to the
828	828	20 parent, guardian, or custodian can be made, and the parent,
829	829	21 guardian, or custodian has not made any other appropriate
830	830	22 living arrangement for the child; or who is a newborn infant
831	831	23 whose blood, urine, or meconium contains any amount of a
832	832	24 controlled substance as defined in subsection (f) of Section
833	833	25 102 of the Illinois Controlled Substances Act or a metabolite
834	834	26 thereof, with the exception of a controlled substance or
835	835
836	836
837	837
838	838
839	839
840	840	HB0003 - 23 - LRB103 03564 CPF 48570 b
841	841
842	842
843	843	HB0003- 24 -LRB103 03564 CPF 48570 b HB0003 - 24 - LRB103 03564 CPF 48570 b
844	844	HB0003 - 24 - LRB103 03564 CPF 48570 b
845	845	1 metabolite thereof whose presence in the newborn infant is the
846	846	2 result of medical treatment administered to the mother or the
847	847	3 newborn infant. A child shall not be considered neglected for
848	848	4 the sole reason that the child's parent or other person
849	849	5 responsible for his or her welfare has left the child in the
850	850	6 care of an adult relative for any period of time. A child shall
851	851	7 not be considered neglected for the sole reason that the child
852	852	8 has been relinquished in accordance with the Abandoned Newborn
853	853	9 Infant Protection Act. A child shall not be considered
854	854	10 neglected or abused for the sole reason that such child's
855	855	11 parent or other person responsible for his or her welfare
856	856	12 depends upon spiritual means through prayer alone for the
857	857	13 treatment or cure of disease or remedial care as provided
858	858	14 under Section 4 of this Act. A child shall not be considered
859	859	15 neglected or abused solely because the child is not attending
860	860	16 school in accordance with the requirements of Article 26 of
861	861	17 The School Code, as amended.
862	862	18 "Child Protective Service Unit" means certain specialized
863	863	19 State employees of the Department assigned by the Director to
864	864	20 perform the duties and responsibilities as provided under
865	865	21 Section 7.2 of this Act.
866	866	22 "Near fatality" means an act that, as certified by a
867	867	23 physician, places the child in serious or critical condition,
868	868	24 including acts of great bodily harm inflicted upon children
869	869	25 under 13 years of age, and as otherwise defined by Department
870	870	26 rule.
871	871
872	872
873	873
874	874
875	875
876	876	HB0003 - 24 - LRB103 03564 CPF 48570 b
877	877
878	878
879	879	HB0003- 25 -LRB103 03564 CPF 48570 b HB0003 - 25 - LRB103 03564 CPF 48570 b
880	880	HB0003 - 25 - LRB103 03564 CPF 48570 b
881	881	1 "Great bodily harm" includes bodily injury which creates a
882	882	2 high probability of death, or which causes serious permanent
883	883	3 disfigurement, or which causes a permanent or protracted loss
884	884	4 or impairment of the function of any bodily member or organ, or
885	885	5 other serious bodily harm.
886	886	6 "Person responsible for the child's welfare" means the
887	887	7 child's parent; guardian; foster parent; relative caregiver;
888	888	8 any person responsible for the child's welfare in a public or
889	889	9 private residential agency or institution; any person
890	890	10 responsible for the child's welfare within a public or private
891	891	11 profit or not for profit child care facility; or any other
892	892	12 person responsible for the child's welfare at the time of the
893	893	13 alleged abuse or neglect, including any person who commits or
894	894	14 allows to be committed, against the child, the offense of
895	895	15 involuntary servitude, involuntary sexual servitude of a
896	896	16 minor, or trafficking in persons for forced labor or services,
897	897	17 as provided in Section 10-9 of the Criminal Code of 2012,
898	898	18 including, but not limited to, the custodian of the minor, or
899	899	19 any person who came to know the child through an official
900	900	20 capacity or position of trust, including, but not limited to,
901	901	21 health care professionals, educational personnel, recreational
902	902	22 supervisors, members of the clergy, and volunteers or support
903	903	23 personnel in any setting where children may be subject to
904	904	24 abuse or neglect.
905	905	25 "Temporary protective custody" means custody within a
906	906	26 hospital or other medical facility or a place previously
907	907
908	908
909	909
910	910
911	911
912	912	HB0003 - 25 - LRB103 03564 CPF 48570 b
913	913
914	914
915	915	HB0003- 26 -LRB103 03564 CPF 48570 b HB0003 - 26 - LRB103 03564 CPF 48570 b
916	916	HB0003 - 26 - LRB103 03564 CPF 48570 b
917	917	1 designated for such custody by the Department, subject to
918	918	2 review by the Court, including a licensed foster home, group
919	919	3 home, or other institution; but such place shall not be a jail
920	920	4 or other place for the detention of criminal or juvenile
921	921	5 offenders.
922	922	6 "An unfounded report" means any report made under this Act
923	923	7 for which it is determined after an investigation that no
924	924	8 credible evidence of abuse or neglect exists.
925	925	9 "An indicated report" means a report made under this Act
926	926	10 if an investigation determines that credible evidence of the
927	927	11 alleged abuse or neglect exists.
928	928	12 "An undetermined report" means any report made under this
929	929	13 Act in which it was not possible to initiate or complete an
930	930	14 investigation on the basis of information provided to the
931	931	15 Department.
932	932	16 "Subject of report" means any child reported to the
933	933	17 central register of child abuse and neglect established under
934	934	18 Section 7.7 of this Act as an alleged victim of child abuse or
935	935	19 neglect and the parent or guardian of the alleged victim or
936	936	20 other person responsible for the alleged victim's welfare who
937	937	21 is named in the report or added to the report as an alleged
938	938	22 perpetrator of child abuse or neglect.
939	939	23 "Perpetrator" means a person who, as a result of
940	940	24 investigation, has been determined by the Department to have
941	941	25 caused child abuse or neglect.
942	942	26 "Member of the clergy" means a clergyman or practitioner
943	943
944	944
945	945
946	946
947	947
948	948	HB0003 - 26 - LRB103 03564 CPF 48570 b
949	949
950	950
951	951	HB0003- 27 -LRB103 03564 CPF 48570 b HB0003 - 27 - LRB103 03564 CPF 48570 b
952	952	HB0003 - 27 - LRB103 03564 CPF 48570 b
953	953	1 of any religious denomination accredited by the religious body
954	954	2 to which he or she belongs.
955	955	3 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
956	956	4 102-813, eff. 5-13-22.)
957	957	5 (325 ILCS 5/3.5 new)
958	958	6 Sec. 3.5. CAPTA notification. The Department shall develop
959	959	7 a standardized CAPTA notification form that is separate and
960	960	8 distinct from the form for written confirmation reports of
961	961	9 child abuse or neglect as described in Section 7 of this Act. A
962	962	10 CAPTA notification shall not be treated as a report of
963	963	11 suspected child abuse or neglect under this Act. CAPTA
964	964	12 notifications shall not be recorded in the State Central
965	965	13 Registry and shall not be discoverable or admissible as
966	966	14 evidence in any proceeding pursuant to the Juvenile Court Act
967	967	15 of 1987 or the Adoption Act unless the named party waives his
968	968	16 or her right to confidentiality in writing.
969	969	17 (325 ILCS 5/5) (from Ch. 23, par. 2055)
970	970	18 Sec. 5. An officer of a local law enforcement agency,
971	971	19 designated employee of the Department, or a physician treating
972	972	20 a child may take or retain temporary protective custody of the
973	973	21 child without the consent of the person responsible for the
974	974	22 child's welfare, if (1) he has reason to believe that there
975	975	23 exists a substantial and imminent risk of death, serious
976	976	24 illness, or severe personal injury to the child if he or she is
977	977
978	978
979	979
980	980
981	981
982	982	HB0003 - 27 - LRB103 03564 CPF 48570 b
983	983
984	984
985	985	HB0003- 28 -LRB103 03564 CPF 48570 b HB0003 - 28 - LRB103 03564 CPF 48570 b
986	986	HB0003 - 28 - LRB103 03564 CPF 48570 b
987	987	1 not immediately removed from his or her the child cannot be
988	988	2 cared for at home or from in the custody of the person
989	989	3 responsible for the child's welfare without endangering the
990	990	4 child's health or safety; and (2) there is not time to apply
991	991	5 for a court order under the Juvenile Court Act of 1987 for
992	992	6 temporary custody of the child. The person taking or retaining
993	993	7 a child in temporary protective custody shall immediately make
994	994	8 every reasonable effort to notify the person responsible for
995	995	9 the child's welfare and shall immediately notify the
996	996	10 Department. The Department shall provide to the temporary
997	997	11 caretaker of a child any information in the Department's
998	998	12 possession concerning the positive results of a test performed
999	999	13 on the child to determine the presence of the antibody or
1000	1000	14 antigen to Human Immunodeficiency Virus (HIV), or of HIV
1001	1001	15 infection, as well as any communicable diseases or
1002	1002	16 communicable infections that the child has. The temporary
1003	1003	17 caretaker of a child shall not disclose to another person any
1004	1004	18 information received by the temporary caretaker from the
1005	1005	19 Department concerning the results of a test performed on the
1006	1006	20 child to determine the presence of the antibody or antigen to
1007	1007	21 HIV, or of HIV infection, except pursuant to Section 9 of the
1008	1008	22 AIDS Confidentiality Act, as now or hereafter amended. The
1009	1009	23 Department shall promptly initiate proceedings under the
1010	1010	24 Juvenile Court Act of 1987 for the continued temporary custody
1011	1011	25 of the child.
1012	1012	26 Where the physician keeping a child in his custody does so
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018	HB0003 - 28 - LRB103 03564 CPF 48570 b
1019	1019
1020	1020
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1022	1022	HB0003 - 29 - LRB103 03564 CPF 48570 b
1023	1023	1 in his capacity as a member of the staff of a hospital or
1024	1024	2 similar institution, he shall notify the person in charge of
1025	1025	3 the institution or his designated agent, who shall then become
1026	1026	4 responsible for the further care of such child in the hospital
1027	1027	5 or similar institution under the direction of the Department.
1028	1028	6 Said care includes, but is not limited to the granting of
1029	1029	7 permission to perform emergency medical treatment to a minor
1030	1030	8 where the treatment itself does not involve a substantial risk
1031	1031	9 of harm to the minor and the failure to render such treatment
1032	1032	10 will likely result in death or permanent harm to the minor, and
1033	1033	11 there is not time to apply for a court order under the Juvenile
1034	1034	12 Court Act of 1987.
1035	1035	13 Any person authorized and acting in good faith in the
1036	1036	14 removal of a child under this Section shall have immunity from
1037	1037	15 any liability, civil or criminal that might otherwise be
1038	1038	16 incurred or imposed as a result of such removal. Any physician
1039	1039	17 authorized and acting in good faith and in accordance with
1040	1040	18 acceptable medical practice in the treatment of a child under
1041	1041	19 this Section shall have immunity from any liability, civil or
1042	1042	20 criminal, that might otherwise be incurred or imposed as a
1043	1043	21 result of granting permission for emergency treatment.
1044	1044	22 With respect to any child taken into temporary protective
1045	1045	23 custody pursuant to this Section, the Department of Children
1046	1046	24 and Family Services Guardianship Administrator or his designee
1047	1047	25 shall be deemed the child's legally authorized representative
1048	1048	26 for purposes of consenting to an HIV test if deemed necessary
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB0003 - 29 - LRB103 03564 CPF 48570 b
1055	1055
1056	1056
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1058	1058	HB0003 - 30 - LRB103 03564 CPF 48570 b
1059	1059	1 and appropriate by the Department's Guardianship Administrator
1060	1060	2 or designee and obtaining and disclosing information
1061	1061	3 concerning such test pursuant to the AIDS Confidentiality Act
1062	1062	4 if deemed necessary and appropriate by the Department's
1063	1063	5 Guardianship Administrator or designee and for purposes of
1064	1064	6 consenting to the release of information pursuant to the
1065	1065	7 Illinois Sexually Transmissible Disease Control Act if deemed
1066	1066	8 necessary and appropriate by the Department's Guardianship
1067	1067	9 Administrator or designee.
1068	1068	10 Any person who administers an HIV test upon the consent of
1069	1069	11 the Department of Children and Family Services Guardianship
1070	1070	12 Administrator or his designee, or who discloses the results of
1071	1071	13 such tests to the Department's Guardianship Administrator or
1072	1072	14 his designee, shall have immunity from any liability, civil,
1073	1073	15 criminal or otherwise, that might result by reason of such
1074	1074	16 actions. For the purpose of any proceedings, civil or
1075	1075	17 criminal, the good faith of any persons required to administer
1076	1076	18 or disclose the results of tests, or permitted to take such
1077	1077	19 actions, shall be presumed.
1078	1078	20 (Source: P.A. 90-28, eff. 1-1-98.)
1079	1079	21 (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
1080	1080	22 Sec. 7.3. (a) The Department shall be the sole agency
1081	1081	23 responsible for receiving and investigating reports of child
1082	1082	24 abuse or neglect made under this Act, including reports of
1083	1083	25 adult resident abuse or neglect as defined in this Act, except
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089	HB0003 - 30 - LRB103 03564 CPF 48570 b
1090	1090
1091	1091
1092	1092	HB0003- 31 -LRB103 03564 CPF 48570 b HB0003 - 31 - LRB103 03564 CPF 48570 b
1093	1093	HB0003 - 31 - LRB103 03564 CPF 48570 b
1094	1094	1 where investigations by other agencies may be required with
1095	1095	2 respect to reports alleging the abuse or neglect of a child by
1096	1096	3 a person who is not the child's parent, a member of the child's
1097	1097	4 immediate family, a person responsible for the child's
1098	1098	5 welfare, an individual residing in the same home as the child,
1099	1099	6 or a paramour of the child's parent, the death of a child,
1100	1100	7 serious injury to a child or sexual abuse to a child made
1101	1101	8 pursuant to Sections 4.1 or 7 of this Act, and except that the
1102	1102	9 Department may delegate the performance of the investigation
1103	1103	10 to the Illinois State Police, a law enforcement agency and to
1104	1104	11 those private social service agencies which have been
1105	1105	12 designated for this purpose by the Department prior to July 1,
1106	1106	13 1980.
1107	1107	14 (b) Notwithstanding any other provision of this Act, the
1108	1108	15 Department shall adopt rules expressly allowing law
1109	1109	16 enforcement personnel to investigate reports of suspected
1110	1110	17 child abuse or neglect concurrently with the Department,
1111	1111	18 without regard to whether the Department determines a report
1112	1112	19 to be "indicated" or "unfounded" or deems a report to be
1113	1113	20 "undetermined".
1114	1114	21 (b-1) It shall be unlawful for any person described in
1115	1115	22 paragraphs (1), (2), (3), and (10) of subsection (a) of
1116	1116	23 Section 4 to disclose to the Department or to any law
1117	1117	24 enforcement agency the results of:
1118	1118	25 (1) any verbal screening questions concerning drug or
1119	1119	26 alcohol use of a pregnant or postpartum person;
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125	HB0003 - 31 - LRB103 03564 CPF 48570 b
1126	1126
1127	1127
1128	1128	HB0003- 32 -LRB103 03564 CPF 48570 b HB0003 - 32 - LRB103 03564 CPF 48570 b
1129	1129	HB0003 - 32 - LRB103 03564 CPF 48570 b
1130	1130	1 (2) any toxicology test administered to a person who
1131	1131	2 is pregnant or has given birth within the 12 weeks prior to
1132	1132	3 the administration of the toxicology test; or
1133	1133	4 (3) any toxicology test administered to a newborn.
1134	1134	5 A mandated reporter described in this subsection shall not
1135	1135	6 disclose a patient or client's confidential information
1136	1136	7 described under paragraphs (1), (2), or (3) to a law
1137	1137	8 enforcement agency or to the Department unless a law
1138	1138	9 enforcement agency has successfully obtained and furnished a
1139	1139	10 search warrant issued under Section 108-3 of the Code of
1140	1140	11 Criminal Procedure of 1963.
1141	1141	12 Any person who knowingly and willfully violates any
1142	1142	13 provision of this Section is guilty of a Class A misdemeanor
1143	1143	14 for a first violation and a Class 4 felony for a second or
1144	1144	15 subsequent violation.
1145	1145	16 (c) By June 1, 2016, the Department shall adopt rules that
1146	1146	17 address and set forth criteria and standards relevant to
1147	1147	18 investigations of reports of abuse or neglect committed by any
1148	1148	19 agency, as defined in Section 3 of this Act, or person working
1149	1149	20 for an agency responsible for the welfare of a child or adult
1150	1150	21 resident.
1151	1151	22 (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
1152	1152	23 (325 ILCS 5/4.4 rep.)
1153	1153	24 Section 35. The Abused and Neglected Child Reporting Act
1154	1154	25 is amended by repealing Section 4.4.
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159
1160	1160	HB0003 - 32 - LRB103 03564 CPF 48570 b
1161	1161
1162	1162
1163	1163	HB0003- 33 -LRB103 03564 CPF 48570 b HB0003 - 33 - LRB103 03564 CPF 48570 b
1164	1164	HB0003 - 33 - LRB103 03564 CPF 48570 b
1165	1165	1 Section 40. The Medical Patient Rights Act is amended by
1166	1166	2 changing Section 3.4 and by adding Section 3.5 as follows:
1167	1167	3 (410 ILCS 50/3.4)
1168	1168	4 Sec. 3.4. Rights of women; pregnancy and childbirth.
1169	1169	5 (a) In addition to any other right provided under this
1170	1170	6 Act, every woman has the following rights with regard to
1171	1171	7 pregnancy and childbirth:
1172	1172	8 (1) The right to receive health care before, during,
1173	1173	9 and after pregnancy and childbirth.
1174	1174	10 (2) The right to receive care for her and her infant
1175	1175	11 that is consistent with WHO recommendations on newborn
1176	1176	12 health: guidelines approved by the WHO Guidelines Review
1177	1177	13 Committee (WHO reference number WHO/MCA/17.07) and WHO
1178	1178	14 recommendations on maternal health: guidelines approved by
1179	1179	15 the WHO Guidelines Review Committee (WHO reference number
1180	1180	16 WHO/MCA/17.10) or the successors to those WHO
1181	1181	17 recommendations generally accepted medical standards.
1182	1182	18 (3) The right to choose a certified nurse midwife,
1183	1183	19 licensed certified professional midwife, or physician as
1184	1184	20 her maternity care professional.
1185	1185	21 (4) The right to choose her birth setting from the
1186	1186	22 full range of birthing options available in her community.
1187	1187	23 (5) The right to leave her maternity care provider
1188	1188	24 professional and select another if she becomes
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194	HB0003 - 33 - LRB103 03564 CPF 48570 b
1195	1195
1196	1196
1197	1197	HB0003- 34 -LRB103 03564 CPF 48570 b HB0003 - 34 - LRB103 03564 CPF 48570 b
1198	1198	HB0003 - 34 - LRB103 03564 CPF 48570 b
1199	1199	1 dissatisfied with her care, except as otherwise provided
1200	1200	2 by law.
1201	1201	3 (6) The right to receive information about the names
1202	1202	4 of those health care professionals involved in her care.
1203	1203	5 (7) The right to privacy and confidentiality of
1204	1204	6 records, except as provided by law.
1205	1205	7 (8) The right to receive information concerning her
1206	1206	8 condition and proposed treatment, including methods of
1207	1207	9 relieving pain.
1208	1208	10 (9) The right to accept or refuse any treatment, to
1209	1209	11 the extent medically possible.
1210	1210	12 (10) The right to be informed if her caregivers wish
1211	1211	13 to enroll her or her infant in a research study in
1212	1212	14 accordance with Section 3.1 of this Act.
1213	1213	15 (11) The right to access her medical records in
1214	1214	16 accordance with Section 8-2001 of the Code of Civil
1215	1215	17 Procedure.
1216	1216	18 (12) The right to receive information in a language in
1217	1217	19 which she can communicate in accordance with federal law.
1218	1218	20 (13) The right to receive emotional and physical
1219	1219	21 support during labor and birth.
1220	1220	22 (14) The right to freedom of movement during labor and
1221	1221	23 to give birth in the position of her choice, within
1222	1222	24 generally accepted medical standards.
1223	1223	25 (15) The right to contact with her newborn, except
1224	1224	26 where necessary care must be provided to the mother or
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	HB0003 - 34 - LRB103 03564 CPF 48570 b
1231	1231
1232	1232
1233	1233	HB0003- 35 -LRB103 03564 CPF 48570 b HB0003 - 35 - LRB103 03564 CPF 48570 b
1234	1234	HB0003 - 35 - LRB103 03564 CPF 48570 b
1235	1235	1 infant.
1236	1236	2 (16) The right to receive information about
1237	1237	3 breastfeeding.
1238	1238	4 (17) The right to decide collaboratively with
1239	1239	5 caregivers when she and her newborn baby will leave the
1240	1240	6 birth site for home, based on their conditions and
1241	1241	7 circumstances.
1242	1242	8 (18) The right to be treated with respect at all times
1243	1243	9 before, during, and after pregnancy by her and her
1244	1244	10 newborn's health care professionals.
1245	1245	11 (19) The right of each patient, regardless of source
1246	1246	12 of payment, to examine and receive a reasonable
1247	1247	13 explanation of her total bill for services rendered by her
1248	1248	14 maternity care professional or health care provider,
1249	1249	15 including itemized charges for specific services received.
1250	1250	16 Each maternity care professional or health care provider
1251	1251	17 shall be responsible only for a reasonable explanation of
1252	1252	18 those specific services provided by the maternity care
1253	1253	19 professional or health care provider.
1254	1254	20 (b) The Department of Public Health, Department of
1255	1255	21 Healthcare and Family Services, Department of Children and
1256	1256	22 Family Services, and Department of Human Services shall post,
1257	1257	23 either by physical or electronic means, information about
1258	1258	24 these rights on their publicly available websites. Every
1259	1259	25 health care provider, day care center licensed under the Child
1260	1260	26 Care Act of 1969, Head Start, and community center shall post
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	HB0003 - 35 - LRB103 03564 CPF 48570 b
1267	1267
1268	1268
1269	1269	HB0003- 36 -LRB103 03564 CPF 48570 b HB0003 - 36 - LRB103 03564 CPF 48570 b
1270	1270	HB0003 - 36 - LRB103 03564 CPF 48570 b
1271	1271	1 information about these rights in a prominent place and on
1272	1272	2 their websites, if applicable.
1273	1273	3 (c) The Department of Public Health shall adopt rules to
1274	1274	4 implement this Section.
1275	1275	5 (d) Nothing in this Section or any rules adopted under
1276	1276	6 subsection (c) shall be construed to require a physician,
1277	1277	7 health care professional, hospital, hospital affiliate, or
1278	1278	8 health care provider to provide care inconsistent with
1279	1279	9 generally accepted medical standards or available capabilities
1280	1280	10 or resources.
1281	1281	11 (Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
1282	1282	12 (410 ILCS 50/3.5 new)
1283	1283	13 Sec. 3.5. Disclosure of medical information.
1284	1284	14 (a) Notwithstanding any other provision of law, and except
1285	1285	15 as otherwise provided under this subsection, a patient has the
1286	1286	16 right for a physician, health care provider, health services
1287	1287	17 corporation, or insurance company to administer any of the
1288	1288	18 following medical tests without disclosing the results of the
1289	1289	19 test to a State or local law enforcement agency or to the
1290	1290	20 Department of Children and Family Services:
1291	1291	21 (1) Any verbal screening or questioning concerning the
1292	1292	22 drug or alcohol use of a pregnant or postpartum person.
1293	1293	23 (2) Any toxicology test administered to a person who
1294	1294	24 is pregnant or has given birth within the previous 12
1295	1295	25 weeks.
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB0003 - 36 - LRB103 03564 CPF 48570 b
1302	1302
1303	1303
1304	1304	HB0003- 37 -LRB103 03564 CPF 48570 b HB0003 - 37 - LRB103 03564 CPF 48570 b
1305	1305	HB0003 - 37 - LRB103 03564 CPF 48570 b
1306	1306	1 (3) Any toxicology test administered to a newborn.
1307	1307	2 A physician, health care provider, health services
1308	1308	3 corporation, or insurance company who administers a medical
1309	1309	4 test described under paragraph (1), (2), or (3) may disclose
1310	1310	5 the results of the test to a law enforcement agency or to the
1311	1311	6 Department of Children and Family Services if a law
1312	1312	7 enforcement agency has successfully obtained and furnished a
1313	1313	8 search warrant issued under Section 108-3 of the Code of
1314	1314	9 Criminal Procedure of 1963.
1315	1315	10 (b) A health care provider shall not disclose any private
1316	1316	11 information regarding a patient's reproductive health care to
1317	1317	12 any out-of-state law enforcement person or entity unless
1318	1318	13 disclosure of the information has been authorized pursuant to
1319	1319	14 a State or federal court order.
1320	1320	15 (c) The rights described under this Section are granted to
1321	1321	16 any person who is capable of becoming pregnant and who seeks
1322	1322	17 reproductive health care within the borders of Illinois.
1323	1323	18 (d) Any person who knowingly and willfully violates any
1324	1324	19 provision of this Section is guilty of a Class A misdemeanor
1325	1325	20 for a first violation and a Class 4 felony for a second or
1326	1326	21 subsequent violation.
1327	1327	22 (e) In this Section, "reproductive health care" has the
1328	1328	23 same meaning as provided in Section 1-10 of the Reproductive
1329	1329	24 Health Act.
1330	1330	25 Section 45. The Illinois Health and Hazardous Substances
1331	1331
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336	HB0003 - 37 - LRB103 03564 CPF 48570 b
1337	1337
1338	1338
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1340	1340	HB0003 - 38 - LRB103 03564 CPF 48570 b
1341	1341	1 Registry Act is amended by changing Section 3 as follows:
1342	1342	2 (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703)
1343	1343	3 Sec. 3. For the purposes of this Act, unless the context
1344	1344	4 requires otherwise:
1345	1345	5 (a) "Department" means the Illinois Department of Public
1346	1346	6 Health.
1347	1347	7 (b) "Director" means the Director of the Illinois
1348	1348	8 Department of Public Health.
1349	1349	9 (c) "Council" means the Health and Hazardous Substances
1350	1350	10 Coordinating Council created by this Act.
1351	1351	11 (d) "Registry" means the Illinois Health and Hazardous
1352	1352	12 Substances Registry established by the Department of Public
1353	1353	13 Health under Section 6 of this Act.
1354	1354	14 (e) "Cancer" means all malignant neoplasms, regardless of
1355	1355	15 the tissue of origin, including malignant lymphoma and
1356	1356	16 leukemia.
1357	1357	17 (f) "Cancer incidence" means a medical diagnosis of
1358	1358	18 cancer, consisting of a record of cases of cancer and
1359	1359	19 specified cases of tumorous or precancerous diseases which
1360	1360	20 occur in Illinois, and such other information concerning these
1361	1361	21 cases as the Department deems necessary or appropriate in
1362	1362	22 order to conduct thorough and complete epidemiological surveys
1363	1363	23 of cancer and cancer-related diseases in Illinois.
1364	1364	24 (g) "Occupational disease" includes but is not limited to
1365	1365	25 all occupational diseases covered by the Workers' Occupational
1366	1366
1367	1367
1368	1368
1369	1369
1370	1370
1371	1371	HB0003 - 38 - LRB103 03564 CPF 48570 b
1372	1372
1373	1373
1374	1374	HB0003- 39 -LRB103 03564 CPF 48570 b HB0003 - 39 - LRB103 03564 CPF 48570 b
1375	1375	HB0003 - 39 - LRB103 03564 CPF 48570 b
1376	1376	1 Diseases Act.
1377	1377	2 (h) "Hazardous substances" means a hazardous substance as
1378	1378	3 defined in the Environmental Protection Act.
1379	1379	4 (i) "Hazardous substances incident" includes but is not
1380	1380	5 limited to a spill, fire, or accident involving hazardous
1381	1381	6 substances, illegal disposal, transportation, or use of
1382	1382	7 hazardous substances, and complaints or permit violations
1383	1383	8 involving hazardous substances.
1384	1384	9 (j) "Company profile" includes but is not limited to the
1385	1385	10 name of any company operating in the State of Illinois which
1386	1386	11 generates, uses, disposes of or transports hazardous
1387	1387	12 substances, identification of the types of permits issued in
1388	1388	13 such company's name relating to transactions involving
1389	1389	14 hazardous substances, inventory of hazardous substances
1390	1390	15 handled by such company, and the manner in which such
1391	1391	16 hazardous substances are used, disposed of, or transported by
1392	1392	17 the company.
1393	1393	18 (k) "Hazardous nuclear material" means (1) any source or
1394	1394	19 special nuclear material intended for use or used as an energy
1395	1395	20 source in a production or utilization facility as defined in
1396	1396	21 Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
1397	1397	22 as amended; (2) any fuel which has been discharged from such a
1398	1398	23 facility following irradiation, the constituent elements of
1399	1399	24 which have not been separated by reprocessing; or (3) any
1400	1400	25 by-product material resulting from operation of such a
1401	1401	26 facility.
1402	1402
1403	1403
1404	1404
1405	1405
1406	1406
1407	1407	HB0003 - 39 - LRB103 03564 CPF 48570 b
1408	1408
1409	1409
1410	1410	HB0003- 40 -LRB103 03564 CPF 48570 b HB0003 - 40 - LRB103 03564 CPF 48570 b
1411	1411	HB0003 - 40 - LRB103 03564 CPF 48570 b
1412	1412	1 (l) "Adverse pregnancy outcome" includes, but is not
1413	1413	2 limited to, birth defects, spontaneous fetal death after 20
1414	1414	3 weeks of completed gestation fetal loss, infant mortality, low
1415	1415	4 birth weight, neonatal abstinence syndrome, newborn affected
1416	1416	5 by prenatal substance exposure, fetal alcohol spectrum
1417	1417	6 disorders, selected life-threatening conditions, and other
1418	1418	7 developmental disabilities as defined by the Department.
1419	1419	8 "Neonatal abstinence syndrome" refers to the collection of
1420	1420	9 signs and symptoms that occur when a newborn prenatally
1421	1421	10 exposed to prescribed, diverted, or illicit opiates
1422	1422	11 experiences opioid withdrawal. This syndrome is primarily
1423	1423	12 characterized by irritability, tremors, feeding problems,
1424	1424	13 vomiting, diarrhea, sweating, and in some cases, seizures.
1425	1425	14 "Newborn affected by prenatal substance exposure" means an
1426	1426	15 infant born and identified as being affected by substance
1427	1427	16 abuse or withdrawal symptoms resulting from prenatal exposure
1428	1428	17 to controlled substances or a fetal alcohol spectrum disorder.
1429	1429	18 The healthcare provider involved in the delivery or care of
1430	1430	19 the newborn determines whether the infant is affected by
1431	1431	20 prenatal substance exposure or withdrawal symptoms.
1432	1432	21 (m) "News medium" means any newspaper or other periodical
1433	1433	22 issued at regular intervals, whether in print or electronic
1434	1434	23 format, and having a general circulation; a news service,
1435	1435	24 whether in print or electronic format; a radio station, a
1436	1436	25 television station; a television network; a community antenna
1437	1437	26 television service; and any person or corporation engaged in
1438	1438
1439	1439
1440	1440
1441	1441
1442	1442
1443	1443	HB0003 - 40 - LRB103 03564 CPF 48570 b
1444	1444
1445	1445
1446	1446	HB0003- 41 -LRB103 03564 CPF 48570 b HB0003 - 41 - LRB103 03564 CPF 48570 b
1447	1447	HB0003 - 41 - LRB103 03564 CPF 48570 b
1448	1448	1 the making of news reels or other motion picture news for
1449	1449	2 public showing.
1450	1450	3 (n) "Researcher" means an individual who is affiliated
1451	1451	4 with or supported by universities, academic centers, research
1452	1452	5 institutions, hospitals, and governmental entities who conduct
1453	1453	6 scientific research or investigation on human diseases.
1454	1454	7 (Source: P.A. 95-941, eff. 8-29-08.)
1455	1455	8 Section 50. The Vital Records Act is amended by changing
1456	1456	9 Sections 20 and 20.5 as follows:
1457	1457	10 (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)
1458	1458	11 Sec. 20. Fetal death; place of registration.
1459	1459	12 (1) Each fetal death which occurs in this State after a
1460	1460	13 gestation period of 20 completed weeks (or and when the mother
1461	1461	14 elects in writing to arrange for the burial or cremation of the
1462	1462	15 fetus under Section 11.4 of the Hospital Licensing Act) or
1463	1463	16 more shall be registered with the local or subregistrar of the
1464	1464	17 district in which the delivery occurred within 7 days after
1465	1465	18 the delivery and before removal of the fetus from the State,
1466	1466	19 except as provided by regulation in special problem cases.
1467	1467	20 (a) For the purposes of this Section, if the place of
1468	1468	21 fetal death is unknown, a fetal death certificate shall be
1469	1469	22 filed in the registration district in which a dead fetus
1470	1470	23 is found, which shall be considered the place of fetal
1471	1471	24 death.
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476
1477	1477	HB0003 - 41 - LRB103 03564 CPF 48570 b
1478	1478
1479	1479
1480	1480	HB0003- 42 -LRB103 03564 CPF 48570 b HB0003 - 42 - LRB103 03564 CPF 48570 b
1481	1481	HB0003 - 42 - LRB103 03564 CPF 48570 b
1482	1482	1 (b) When a fetal death occurs on a moving conveyance,
1483	1483	2 the city, village, township, or road district in which the
1484	1484	3 fetus is first removed from the conveyance shall be
1485	1485	4 considered the place of delivery and a fetal death
1486	1486	5 certificate shall be filed in the registration district in
1487	1487	6 which the place is located.
1488	1488	7 (c) The funeral director or person acting as such who
1489	1489	8 first assumes custody of a fetus shall file the
1490	1490	9 certificate. The personal data shall be obtained from the
1491	1491	10 best qualified person or source available. The name,
1492	1492	11 relationship, and address of the informant shall be
1493	1493	12 entered on the certificate. The date, place, and method of
1494	1494	13 final disposition of the fetus shall be recorded over the
1495	1495	14 personal signature and address of the funeral director
1496	1496	15 responsible for the disposition. The certificate shall be
1497	1497	16 presented to the person responsible for completing the
1498	1498	17 medical certification of the cause of death.
1499	1499	18 (2) The medical certification shall be completed and
1500	1500	19 signed within 24 hours after delivery by the certifying health
1501	1501	20 care professional in attendance at or after delivery, except
1502	1502	21 when investigation is required under Division 3-3 of Article 3
1503	1503	22 of the Counties Code and except as provided by regulation in
1504	1504	23 special problem cases.
1505	1505	24 (3) When a fetal death occurs without medical attendance
1506	1506	25 upon the mother at or after the delivery, or when
1507	1507	26 investigation is required under Division 3-3 of Article 3 of
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513	HB0003 - 42 - LRB103 03564 CPF 48570 b
1514	1514
1515	1515
1516	1516	HB0003- 43 -LRB103 03564 CPF 48570 b HB0003 - 43 - LRB103 03564 CPF 48570 b
1517	1517	HB0003 - 43 - LRB103 03564 CPF 48570 b
1518	1518	1 the Counties Code, the coroner shall be responsible for the
1519	1519	2 completion of the fetal death certificate and shall sign the
1520	1520	3 medical certification within 24 hours after the delivery or
1521	1521	4 the finding of the fetus, except as provided by regulation in
1522	1522	5 special problem cases.
1523	1523	6 (Source: P.A. 102-257, eff. 1-1-22.)
1524	1524	7 (410 ILCS 535/20.5)
1525	1525	8 Sec. 20.5. Certificate of birth resulting in stillbirth.
1526	1526	9 (a) The State Registrar shall prescribe and distribute a
1527	1527	10 form for a certificate of birth resulting in stillbirth. The
1528	1528	11 certificate shall be in the same format as a certificate of
1529	1529	12 live birth prepared under Section 12 and shall be filed in the
1530	1530	13 same manner as a certificate of live birth.
1531	1531	14 (b) After each fetal death that occurs in this State after
1532	1532	15 a gestation period of at least 20 26 completed weeks, or, in
1533	1533	16 cases where gestational age is uncertain, where the fetus
1534	1534	17 weighs at least 350 grams, the person who files a fetal death
1535	1535	18 certificate in connection with that death as required under
1536	1536	19 Section 20 shall, only upon request by the parent woman who
1537	1537	20 delivered the stillborn fetus, also prepare a certificate of
1538	1538	21 birth resulting in stillbirth. The person shall prepare the
1539	1539	22 certificate on the form prescribed and furnished by the State
1540	1540	23 Registrar and in accordance with the rules adopted by the
1541	1541	24 State Registrar.
1542	1542	25 (b-5) A person who files a fetal death certificate as
1543	1543
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548	HB0003 - 43 - LRB103 03564 CPF 48570 b
1549	1549
1550	1550
1551	1551	HB0003- 44 -LRB103 03564 CPF 48570 b HB0003 - 44 - LRB103 03564 CPF 48570 b
1552	1552	HB0003 - 44 - LRB103 03564 CPF 48570 b
1553	1553	1 described under subsection (b) shall notify the gestational
1554	1554	2 parent of the stillborn of that parent's right to request and
1555	1555	3 receive a certificate of birth resulting in stillbirth under
1556	1556	4 subsection (b). The Department shall develop forms for
1557	1557	5 notification under this subsection. This form shall be titled
1558	1558	6 and known as a "Liam's Law notice."
1559	1559	7 (c) If the stillborn's parent or parents do not wish to
1560	1560	8 provide a name for the stillborn, the person who prepares the
1561	1561	9 certificate of birth resulting in stillbirth shall leave blank
1562	1562	10 any references to the stillborn's name.
1563	1563	11 (d) When a stillbirth occurs in this State and the
1564	1564	12 stillbirth has not been registered within one year after the
1565	1565	13 delivery, a certificate marked "delayed" may be filed and
1566	1566	14 registered in accordance with regulations adopted by the State
1567	1567	15 Registrar. The certificate must show on its face the date of
1568	1568	16 registration.
1569	1569	17 (e) In the case of a fetal death that occurred in this
1570	1570	18 State after a gestation period of at least 20 26 completed
1571	1571	19 weeks or, in cases where gestational age is uncertain, where
1572	1572	20 the fetus weighs at least 350 grams, and before the effective
1573	1573	21 date of this amendatory Act of the 103rd General Assembly this
1574	1574	22 amendatory Act of the 93rd General Assembly, a parent of the
1575	1575	23 stillborn child may request that the person who filed a fetal
1576	1576	24 death certificate in connection with that death as required
1577	1577	25 under Section 20 shall also prepare a certificate of birth
1578	1578	26 resulting in stillbirth with respect to the fetus. If a parent
1579	1579
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584	HB0003 - 44 - LRB103 03564 CPF 48570 b
1585	1585
1586	1586
1587	1587	HB0003- 45 -LRB103 03564 CPF 48570 b HB0003 - 45 - LRB103 03564 CPF 48570 b
1588	1588	HB0003 - 45 - LRB103 03564 CPF 48570 b
1589	1589	1 of a stillborn makes such a request under this subsection (e),
1590	1590	2 the person who filed a fetal death certificate shall prepare
1591	1591	3 the certificate of birth resulting in stillbirth and file it
1592	1592	4 with the designated registrar within 30 days after the request
1593	1593	5 by the parent.
1594	1594	6 (Source: P.A. 93-578, eff. 8-21-03.)
1595	1595	7 Section 55. The Juvenile Court Act of 1987 is amended by
1596	1596	8 changing Sections 2-3 and 2-18 as follows:
1597	1597	9 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
1598	1598	10 Sec. 2-3. Neglected or abused minor.
1599	1599	11 (1) Those who are neglected include:
1600	1600	12 (a) any minor under 18 years of age or a minor 18 years
1601	1601	13 of age or older for whom the court has made a finding of
1602	1602	14 probable cause to believe that the minor is abused,
1603	1603	15 neglected, or dependent under subsection (1) of Section
1604	1604	16 2-10 prior to the minor's 18th birthday who is not
1605	1605	17 receiving the proper or necessary support, education as
1606	1606	18 required by law, or medical or other remedial care
1607	1607	19 recognized under State law as necessary for a minor's
1608	1608	20 well-being, or other care necessary for his or her
1609	1609	21 well-being, including adequate food, clothing and shelter,
1610	1610	22 or who is abandoned by his or her parent or parents or
1611	1611	23 other person or persons responsible for the minor's
1612	1612	24 welfare, except that a minor shall not be considered
1613	1613
1614	1614
1615	1615
1616	1616
1617	1617
1618	1618	HB0003 - 45 - LRB103 03564 CPF 48570 b
1619	1619
1620	1620
1621	1621	HB0003- 46 -LRB103 03564 CPF 48570 b HB0003 - 46 - LRB103 03564 CPF 48570 b
1622	1622	HB0003 - 46 - LRB103 03564 CPF 48570 b
1623	1623	1 neglected for the sole reason that the minor's parent or
1624	1624	2 parents or other person or persons responsible for the
1625	1625	3 minor's welfare have left the minor in the care of an adult
1626	1626	4 relative for any period of time, who the parent or parents
1627	1627	5 or other person responsible for the minor's welfare know
1628	1628	6 is both a mentally capable adult relative and physically
1629	1629	7 capable adult relative, as defined by this Act; or
1630	1630	8 (b) any minor under 18 years of age or a minor 18 years
1631	1631	9 of age or older for whom the court has made a finding of
1632	1632	10 probable cause to believe that the minor is abused,
1633	1633	11 neglected, or dependent under subsection (1) of Section
1634	1634	12 2-10 prior to the minor's 18th birthday whose environment
1635	1635	13 is injurious to his or her welfare; or
1636	1636	14 (c) (blank); or any newborn infant whose blood, urine,
1637	1637	15 or meconium contains any amount of a controlled substance
1638	1638	16 as defined in subsection (f) of Section 102 of the
1639	1639	17 Illinois Controlled Substances Act, as now or hereafter
1640	1640	18 amended, or a metabolite of a controlled substance, with
1641	1641	19 the exception of controlled substances or metabolites of
1642	1642	20 such substances, the presence of which in the newborn
1643	1643	21 infant is the result of medical treatment administered to
1644	1644	22 the mother or the newborn infant; or
1645	1645	23 (d) any minor under the age of 14 years whose parent or
1646	1646	24 other person responsible for the minor's welfare leaves
1647	1647	25 the minor without supervision for an unreasonable period
1648	1648	26 of time without regard for the mental or physical health,
1649	1649
1650	1650
1651	1651
1652	1652
1653	1653
1654	1654	HB0003 - 46 - LRB103 03564 CPF 48570 b
1655	1655
1656	1656
1657	1657	HB0003- 47 -LRB103 03564 CPF 48570 b HB0003 - 47 - LRB103 03564 CPF 48570 b
1658	1658	HB0003 - 47 - LRB103 03564 CPF 48570 b
1659	1659	1 safety, or welfare of that minor; or
1660	1660	2 (e) any minor who has been provided with interim
1661	1661	3 crisis intervention services under Section 3-5 of this Act
1662	1662	4 and whose parent, guardian, or custodian refuses to permit
1663	1663	5 the minor to return home unless the minor is an immediate
1664	1664	6 physical danger to himself, herself, or others living in
1665	1665	7 the home.
1666	1666	8 Whether the minor was left without regard for the mental
1667	1667	9 or physical health, safety, or welfare of that minor or the
1668	1668	10 period of time was unreasonable shall be determined by
1669	1669	11 considering the following factors, including but not limited
1670	1670	12 to:
1671	1671	13 (1) the age of the minor;
1672	1672	14 (2) the number of minors left at the location;
1673	1673	15 (3) special needs of the minor, including whether the
1674	1674	16 minor is a person with a physical or mental disability, or
1675	1675	17 otherwise in need of ongoing prescribed medical treatment
1676	1676	18 such as periodic doses of insulin or other medications;
1677	1677	19 (4) the duration of time in which the minor was left
1678	1678	20 without supervision;
1679	1679	21 (5) the condition and location of the place where the
1680	1680	22 minor was left without supervision;
1681	1681	23 (6) the time of day or night when the minor was left
1682	1682	24 without supervision;
1683	1683	25 (7) the weather conditions, including whether the
1684	1684	26 minor was left in a location with adequate protection from
1685	1685
1686	1686
1687	1687
1688	1688
1689	1689
1690	1690	HB0003 - 47 - LRB103 03564 CPF 48570 b
1691	1691
1692	1692
1693	1693	HB0003- 48 -LRB103 03564 CPF 48570 b HB0003 - 48 - LRB103 03564 CPF 48570 b
1694	1694	HB0003 - 48 - LRB103 03564 CPF 48570 b
1695	1695	1 the natural elements such as adequate heat or light;
1696	1696	2 (8) the location of the parent or guardian at the time
1697	1697	3 the minor was left without supervision, the physical
1698	1698	4 distance the minor was from the parent or guardian at the
1699	1699	5 time the minor was without supervision;
1700	1700	6 (9) whether the minor's movement was restricted, or
1701	1701	7 the minor was otherwise locked within a room or other
1702	1702	8 structure;
1703	1703	9 (10) whether the minor was given a phone number of a
1704	1704	10 person or location to call in the event of an emergency and
1705	1705	11 whether the minor was capable of making an emergency call;
1706	1706	12 (11) whether there was food and other provision left
1707	1707	13 for the minor;
1708	1708	14 (12) whether any of the conduct is attributable to
1709	1709	15 economic hardship or illness and the parent, guardian or
1710	1710	16 other person having physical custody or control of the
1711	1711	17 child made a good faith effort to provide for the health
1712	1712	18 and safety of the minor;
1713	1713	19 (13) the age and physical and mental capabilities of
1714	1714	20 the person or persons who provided supervision for the
1715	1715	21 minor;
1716	1716	22 (14) whether the minor was left under the supervision
1717	1717	23 of another person;
1718	1718	24 (15) any other factor that would endanger the health
1719	1719	25 and safety of that particular minor.
1720	1720	26 A minor shall not be considered neglected for the sole
1721	1721
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726	HB0003 - 48 - LRB103 03564 CPF 48570 b
1727	1727
1728	1728
1729	1729	HB0003- 49 -LRB103 03564 CPF 48570 b HB0003 - 49 - LRB103 03564 CPF 48570 b
1730	1730	HB0003 - 49 - LRB103 03564 CPF 48570 b
1731	1731	1 reason that the minor has been relinquished in accordance with
1732	1732	2 the Abandoned Newborn Infant Protection Act.
1733	1733	3 (2) Those who are abused include any minor under 18 years
1734	1734	4 of age or a minor 18 years of age or older for whom the court
1735	1735	5 has made a finding of probable cause to believe that the minor
1736	1736	6 is abused, neglected, or dependent under subsection (1) of
1737	1737	7 Section 2-10 prior to the minor's 18th birthday whose parent
1738	1738	8 or immediate family member, or any person responsible for the
1739	1739	9 minor's welfare, or any person who is in the same family or
1740	1740	10 household as the minor, or any individual residing in the same
1741	1741	11 home as the minor, or a paramour of the minor's parent:
1742	1742	12 (i) inflicts, causes to be inflicted, or allows to be
1743	1743	13 inflicted upon such minor physical injury, by other than
1744	1744	14 accidental means, which causes death, disfigurement,
1745	1745	15 impairment of physical or emotional health, or loss or
1746	1746	16 impairment of any bodily function;
1747	1747	17 (ii) creates a substantial risk of physical injury to
1748	1748	18 such minor by other than accidental means which would be
1749	1749	19 likely to cause death, disfigurement, impairment of
1750	1750	20 emotional health, or loss or impairment of any bodily
1751	1751	21 function;
1752	1752	22 (iii) commits or allows to be committed any sex
1753	1753	23 offense against such minor, as such sex offenses are
1754	1754	24 defined in the Criminal Code of 1961 or the Criminal Code
1755	1755	25 of 2012, or in the Wrongs to Children Act, and extending
1756	1756	26 those definitions of sex offenses to include minors under
1757	1757
1758	1758
1759	1759
1760	1760
1761	1761
1762	1762	HB0003 - 49 - LRB103 03564 CPF 48570 b
1763	1763
1764	1764
1765	1765	HB0003- 50 -LRB103 03564 CPF 48570 b HB0003 - 50 - LRB103 03564 CPF 48570 b
1766	1766	HB0003 - 50 - LRB103 03564 CPF 48570 b
1767	1767	1 18 years of age;
1768	1768	2 (iv) commits or allows to be committed an act or acts
1769	1769	3 of torture upon such minor;
1770	1770	4 (v) inflicts excessive corporal punishment;
1771	1771	5 (vi) commits or allows to be committed the offense of
1772	1772	6 involuntary servitude, involuntary sexual servitude of a
1773	1773	7 minor, or trafficking in persons as defined in Section
1774	1774	8 10-9 of the Criminal Code of 1961 or the Criminal Code of
1775	1775	9 2012, upon such minor; or
1776	1776	10 (vii) allows, encourages or requires a minor to commit
1777	1777	11 any act of prostitution, as defined in the Criminal Code
1778	1778	12 of 1961 or the Criminal Code of 2012, and extending those
1779	1779	13 definitions to include minors under 18 years of age.
1780	1780	14 A minor shall not be considered abused for the sole reason
1781	1781	15 that the minor has been relinquished in accordance with the
1782	1782	16 Abandoned Newborn Infant Protection Act.
1783	1783	17 (3) This Section does not apply to a minor who would be
1784	1784	18 included herein solely for the purpose of qualifying for
1785	1785	19 financial assistance for himself, his parents, guardian or
1786	1786	20 custodian.
1787	1787	21 (4) The changes made by this amendatory Act of the 101st
1788	1788	22 General Assembly apply to a case that is pending on or after
1789	1789	23 the effective date of this amendatory Act of the 101st General
1790	1790	24 Assembly.
1791	1791	25 (Source: P.A. 101-79, eff. 7-12-19.)
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797	HB0003 - 50 - LRB103 03564 CPF 48570 b
1798	1798
1799	1799
1800	1800	HB0003- 51 -LRB103 03564 CPF 48570 b HB0003 - 51 - LRB103 03564 CPF 48570 b
1801	1801	HB0003 - 51 - LRB103 03564 CPF 48570 b
1802	1802	1 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
1803	1803	2 Sec. 2-18. Evidence.
1804	1804	3 (1) At the adjudicatory hearing, the court shall first
1805	1805	4 consider only the question whether the minor is abused,
1806	1806	5 neglected or dependent. The standard of proof and the rules of
1807	1807	6 evidence in the nature of civil proceedings in this State are
1808	1808	7 applicable to proceedings under this Article. If the petition
1809	1809	8 also seeks the appointment of a guardian of the person with
1810	1810	9 power to consent to adoption of the minor under Section 2-29,
1811	1811	10 the court may also consider legally admissible evidence at the
1812	1812	11 adjudicatory hearing that one or more grounds of unfitness
1813	1813	12 exists under subdivision D of Section 1 of the Adoption Act.
1814	1814	13 (2) In any hearing under this Act, the following shall
1815	1815	14 constitute prima facie evidence of abuse or neglect, as the
1816	1816	15 case may be:
1817	1817	16 (a) proof that a minor has a medical diagnosis of
1818	1818	17 battered child syndrome is prima facie evidence of abuse;
1819	1819	18 (b) (blank); proof that a minor has a medical
1820	1820	19 diagnosis of failure to thrive syndrome is prima facie
1821	1821	20 evidence of neglect;
1822	1822	21 (c) (blank); proof that a minor has a medical
1823	1823	22 diagnosis of fetal alcohol syndrome is prima facie
1824	1824	23 evidence of neglect;
1825	1825	24 (d) (blank); proof that a minor has a medical
1826	1826	25 diagnosis at birth of withdrawal symptoms from narcotics
1827	1827	26 or barbiturates is prima facie evidence of neglect;
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833	HB0003 - 51 - LRB103 03564 CPF 48570 b
1834	1834
1835	1835
1836	1836	HB0003- 52 -LRB103 03564 CPF 48570 b HB0003 - 52 - LRB103 03564 CPF 48570 b
1837	1837	HB0003 - 52 - LRB103 03564 CPF 48570 b
1838	1838	1 (e) proof of injuries sustained by a minor or of the
1839	1839	2 condition of a minor of such a nature as would ordinarily
1840	1840	3 not be sustained or exist except by reason of the acts or
1841	1841	4 omissions of the parent, custodian or guardian of such
1842	1842	5 minor shall be prima facie evidence of abuse or neglect,
1843	1843	6 as the case may be;
1844	1844	7 (f) proof that a parent, custodian or guardian of a
1845	1845	8 minor repeatedly used a drug, to the extent that it has or
1846	1846	9 would ordinarily have the effect of producing in the user
1847	1847	10 a substantial state of stupor, unconsciousness,
1848	1848	11 intoxication, hallucination, disorientation or
1849	1849	12 incompetence, or a substantial impairment of judgment, or
1850	1850	13 a substantial manifestation of irrationality, shall be
1851	1851	14 prima facie evidence of neglect;
1852	1852	15 (g) (blank); proof that a parent, custodian, or
1853	1853	16 guardian of a minor repeatedly used a controlled
1854	1854	17 substance, as defined in subsection (f) of Section 102 of
1855	1855	18 the Illinois Controlled Substances Act, in the presence of
1856	1856	19 the minor or a sibling of the minor is prima facie evidence
1857	1857	20 of neglect. "Repeated use", for the purpose of this
1858	1858	21 subsection, means more than one use of a controlled
1859	1859	22 substance as defined in subsection (f) of Section 102 of
1860	1860	23 the Illinois Controlled Substances Act;
1861	1861	24 (h) (blank); proof that a newborn infant's blood,
1862	1862	25 urine, or meconium contains any amount of a controlled
1863	1863	26 substance as defined in subsection (f) of Section 102 of
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869	HB0003 - 52 - LRB103 03564 CPF 48570 b
1870	1870
1871	1871
1872	1872	HB0003- 53 -LRB103 03564 CPF 48570 b HB0003 - 53 - LRB103 03564 CPF 48570 b
1873	1873	HB0003 - 53 - LRB103 03564 CPF 48570 b
1874	1874	1 the Illinois Controlled Substances Act, or a metabolite of
1875	1875	2 a controlled substance, with the exception of controlled
1876	1876	3 substances or metabolites of those substances, the
1877	1877	4 presence of which is the result of medical treatment
1878	1878	5 administered to the mother or the newborn, is prime facie
1879	1879	6 evidence of neglect;
1880	1880	7 (i) proof that a minor was present in a structure or
1881	1881	8 vehicle in which the minor's parent, custodian, or
1882	1882	9 guardian was involved in the manufacture of
1883	1883	10 methamphetamine constitutes prima facie evidence of abuse
1884	1884	11 and neglect;
1885	1885	12 (j) proof that a parent, custodian, or guardian of a
1886	1886	13 minor allows, encourages, or requires a minor to perform,
1887	1887	14 offer, or agree to perform any act of sexual penetration
1888	1888	15 as defined in Section 11-0.1 of the Criminal Code of 2012
1889	1889	16 for any money, property, token, object, or article or
1890	1890	17 anything of value, or any touching or fondling of the sex
1891	1891	18 organs of one person by another person, for any money,
1892	1892	19 property, token, object, or article or anything of value,
1893	1893	20 for the purpose of sexual arousal or gratification,
1894	1894	21 constitutes prima facie evidence of abuse and neglect;
1895	1895	22 (k) proof that a parent, custodian, or guardian of a
1896	1896	23 minor commits or allows to be committed the offense of
1897	1897	24 involuntary servitude, involuntary sexual servitude of a
1898	1898	25 minor, or trafficking in persons as defined in Section
1899	1899	26 10-9 of the Criminal Code of 1961 or the Criminal Code of
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905	HB0003 - 53 - LRB103 03564 CPF 48570 b
1906	1906
1907	1907
1908	1908	HB0003- 54 -LRB103 03564 CPF 48570 b HB0003 - 54 - LRB103 03564 CPF 48570 b
1909	1909	HB0003 - 54 - LRB103 03564 CPF 48570 b
1910	1910	1 2012, upon such minor, constitutes prima facie evidence of
1911	1911	2 abuse and neglect.
1912	1912	3 (3) In any hearing under this Act, proof of the abuse,
1913	1913	4 neglect or dependency of one minor shall be admissible
1914	1914	5 evidence on the issue of the abuse, neglect or dependency of
1915	1915	6 any other minor for whom the respondent is responsible.
1916	1916	7 (4) (a) Any writing, record, photograph or x-ray of any
1917	1917	8 hospital or public or private agency, whether in the form of an
1918	1918	9 entry in a book or otherwise, made as a memorandum or record of
1919	1919	10 any condition, act, transaction, occurrence or event relating
1920	1920	11 to a minor in an abuse, neglect or dependency proceeding,
1921	1921	12 shall be admissible in evidence as proof of that condition,
1922	1922	13 act, transaction, occurrence or event, if the court finds that
1923	1923	14 the document was made in the regular course of the business of
1924	1924	15 the hospital or agency and that it was in the regular course of
1925	1925	16 such business to make it, at the time of the act, transaction,
1926	1926	17 occurrence or event, or within a reasonable time thereafter. A
1927	1927	18 certification by the head or responsible employee of the
1928	1928	19 hospital or agency that the writing, record, photograph or
1929	1929	20 x-ray is the full and complete record of the condition, act,
1930	1930	21 transaction, occurrence or event and that it satisfies the
1931	1931	22 conditions of this paragraph shall be prima facie evidence of
1932	1932	23 the facts contained in such certification. A certification by
1933	1933	24 someone other than the head of the hospital or agency shall be
1934	1934	25 accompanied by a photocopy of a delegation of authority signed
1935	1935	26 by both the head of the hospital or agency and by such other
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941	HB0003 - 54 - LRB103 03564 CPF 48570 b
1942	1942
1943	1943
1944	1944	HB0003- 55 -LRB103 03564 CPF 48570 b HB0003 - 55 - LRB103 03564 CPF 48570 b
1945	1945	HB0003 - 55 - LRB103 03564 CPF 48570 b
1946	1946	1 employee. All other circumstances of the making of the
1947	1947	2 memorandum, record, photograph or x-ray, including lack of
1948	1948	3 personal knowledge of the maker, may be proved to affect the
1949	1949	4 weight to be accorded such evidence, but shall not affect its
1950	1950	5 admissibility.
1951	1951	6 (b) Any indicated report filed pursuant to the Abused and
1952	1952	7 Neglected Child Reporting Act shall be admissible in evidence.
1953	1953	8 (c) Previous statements made by the minor relating to any
1954	1954	9 allegations of abuse or neglect shall be admissible in
1955	1955	10 evidence. However, no such statement, if uncorroborated and
1956	1956	11 not subject to cross-examination, shall be sufficient in
1957	1957	12 itself to support a finding of abuse or neglect.
1958	1958	13 (d) There shall be a rebuttable presumption that a minor
1959	1959	14 is competent to testify in abuse or neglect proceedings. The
1960	1960	15 court shall determine how much weight to give to the minor's
1961	1961	16 testimony, and may allow the minor to testify in chambers with
1962	1962	17 only the court, the court reporter and attorneys for the
1963	1963	18 parties present.
1964	1964	19 (e) The privileged character of communication between any
1965	1965	20 professional person and patient or client, except privilege
1966	1966	21 between attorney and client, shall not apply to proceedings
1967	1967	22 subject to this Article.
1968	1968	23 (f) Proof of the impairment of emotional health or
1969	1969	24 impairment of mental or emotional condition as a result of the
1970	1970	25 failure of the respondent to exercise a minimum degree of care
1971	1971	26 toward a minor may include competent opinion or expert
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977	HB0003 - 55 - LRB103 03564 CPF 48570 b
1978	1978
1979	1979
1980	1980	HB0003- 56 -LRB103 03564 CPF 48570 b HB0003 - 56 - LRB103 03564 CPF 48570 b
1981	1981	HB0003 - 56 - LRB103 03564 CPF 48570 b
1982	1982	1 testimony, and may include proof that such impairment lessened
1983	1983	2 during a period when the minor was in the care, custody or
1984	1984	3 supervision of a person or agency other than the respondent.
1985	1985	4 (5) In any hearing under this Act alleging neglect for
1986	1986	5 failure to provide education as required by law under
1987	1987	6 subsection (1) of Section 2-3, proof that a minor under 13
1988	1988	7 years of age who is subject to compulsory school attendance
1989	1989	8 under the School Code is a chronic truant as defined under the
1990	1990	9 School Code shall be prima facie evidence of neglect by the
1991	1991	10 parent or guardian in any hearing under this Act and proof that
1992	1992	11 a minor who is 13 years of age or older who is subject to
1993	1993	12 compulsory school attendance under the School Code is a
1994	1994	13 chronic truant shall raise a rebuttable presumption of neglect
1995	1995	14 by the parent or guardian. This subsection (5) shall not apply
1996	1996	15 in counties with 2,000,000 or more inhabitants.
1997	1997	16 (6) In any hearing under this Act, the court may take
1998	1998	17 judicial notice of prior sworn testimony or evidence admitted
1999	1999	18 in prior proceedings involving the same minor if (a) the
2000	2000	19 parties were either represented by counsel at such prior
2001	2001	20 proceedings or the right to counsel was knowingly waived and
2002	2002	21 (b) the taking of judicial notice would not result in
2003	2003	22 admitting hearsay evidence at a hearing where it would
2004	2004	23 otherwise be prohibited.
2005	2005	24 (Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
2006	2006	25 97-1150, eff. 1-25-13.)
2007	2007
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012	HB0003 - 56 - LRB103 03564 CPF 48570 b
2013	2013
2014	2014
2015	2015	HB0003- 57 -LRB103 03564 CPF 48570 b HB0003 - 57 - LRB103 03564 CPF 48570 b
2016	2016	HB0003 - 57 - LRB103 03564 CPF 48570 b
2017	2017	1 Section 60. The Adoption Act is amended by changing
2018	2018	2 Section 1 as follows:
2019	2019	3 (750 ILCS 50/1) (from Ch. 40, par. 1501)
2020	2020	4 Sec. 1. Definitions. When used in this Act, unless the
2021	2021	5 context otherwise requires:
2022	2022	6 A. "Child" means a person under legal age subject to
2023	2023	7 adoption under this Act.
2024	2024	8 B. "Related child" means a child subject to adoption where
2025	2025	9 either or both of the adopting parents stands in any of the
2026	2026	10 following relationships to the child by blood, marriage,
2027	2027	11 adoption, or civil union: parent, grand-parent,
2028	2028	12 great-grandparent, brother, sister, step-parent,
2029	2029	13 step-grandparent, step-brother, step-sister, uncle, aunt,
2030	2030	14 great-uncle, great-aunt, first cousin, or second cousin. A
2031	2031	15 person is related to the child as a first cousin or second
2032	2032	16 cousin if they are both related to the same ancestor as either
2033	2033	17 grandchild or great-grandchild. A child whose parent has
2034	2034	18 executed a consent to adoption, a surrender, or a waiver
2035	2035	19 pursuant to Section 10 of this Act or whose parent has signed a
2036	2036	20 denial of paternity pursuant to Section 12 of the Vital
2037	2037	21 Records Act or Section 12a of this Act, or whose parent has had
2038	2038	22 his or her parental rights terminated, is not a related child
2039	2039	23 to that person, unless (1) the consent is determined to be void
2040	2040	24 or is void pursuant to subsection O of Section 10 of this Act;
2041	2041	25 or (2) the parent of the child executed a consent to adoption
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046
2047	2047	HB0003 - 57 - LRB103 03564 CPF 48570 b
2048	2048
2049	2049
2050	2050	HB0003- 58 -LRB103 03564 CPF 48570 b HB0003 - 58 - LRB103 03564 CPF 48570 b
2051	2051	HB0003 - 58 - LRB103 03564 CPF 48570 b
2052	2052	1 by a specified person or persons pursuant to subsection A-1 of
2053	2053	2 Section 10 of this Act and a court of competent jurisdiction
2054	2054	3 finds that such consent is void; or (3) the order terminating
2055	2055	4 the parental rights of the parent is vacated by a court of
2056	2056	5 competent jurisdiction.
2057	2057	6 C. "Agency" for the purpose of this Act means a public
2058	2058	7 child welfare agency or a licensed child welfare agency.
2059	2059	8 D. "Unfit person" means any person whom the court shall
2060	2060	9 find to be unfit to have a child, without regard to the
2061	2061	10 likelihood that the child will be placed for adoption. The
2062	2062	11 grounds of unfitness are any one or more of the following,
2063	2063	12 except that a person shall not be considered an unfit person
2064	2064	13 for the sole reason that the person has relinquished a child in
2065	2065	14 accordance with the Abandoned Newborn Infant Protection Act:
2066	2066	15 (a) Abandonment of the child.
2067	2067	16 (a-1) Abandonment of a newborn infant in a hospital.
2068	2068	17 (a-2) Abandonment of a newborn infant in any setting
2069	2069	18 where the evidence suggests that the parent intended to
2070	2070	19 relinquish his or her parental rights.
2071	2071	20 (b) Failure to maintain a reasonable degree of
2072	2072	21 interest, concern or responsibility as to the child's
2073	2073	22 welfare.
2074	2074	23 (c) Desertion of the child for more than 3 months next
2075	2075	24 preceding the commencement of the Adoption proceeding.
2076	2076	25 (d) Substantial neglect of the child if continuous or
2077	2077	26 repeated.
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083	HB0003 - 58 - LRB103 03564 CPF 48570 b
2084	2084
2085	2085
2086	2086	HB0003- 59 -LRB103 03564 CPF 48570 b HB0003 - 59 - LRB103 03564 CPF 48570 b
2087	2087	HB0003 - 59 - LRB103 03564 CPF 48570 b
2088	2088	1 (d-1) Substantial neglect, if continuous or repeated,
2089	2089	2 of any child residing in the household which resulted in
2090	2090	3 the death of that child.
2091	2091	4 (e) Extreme or repeated cruelty to the child.
2092	2092	5 (f) There is a rebuttable presumption, which can be
2093	2093	6 overcome only by clear and convincing evidence, that a
2094	2094	7 parent is unfit if:
2095	2095	8 (1) Two or more findings of physical abuse have
2096	2096	9 been entered regarding any children under Section 2-21
2097	2097	10 of the Juvenile Court Act of 1987, the most recent of
2098	2098	11 which was determined by the juvenile court hearing the
2099	2099	12 matter to be supported by clear and convincing
2100	2100	13 evidence; or
2101	2101	14 (2) The parent has been convicted or found not
2102	2102	15 guilty by reason of insanity and the conviction or
2103	2103	16 finding resulted from the death of any child by
2104	2104	17 physical abuse; or
2105	2105	18 (3) There is a finding of physical child abuse
2106	2106	19 resulting from the death of any child under Section
2107	2107	20 2-21 of the Juvenile Court Act of 1987.
2108	2108	21 No conviction or finding of delinquency pursuant to
2109	2109	22 Article V of the Juvenile Court Act of 1987 shall be
2110	2110	23 considered a criminal conviction for the purpose of
2111	2111	24 applying any presumption under this item (f).
2112	2112	25 (g) Failure to protect the child from conditions
2113	2113	26 within his environment injurious to the child's welfare.
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119	HB0003 - 59 - LRB103 03564 CPF 48570 b
2120	2120
2121	2121
2122	2122	HB0003- 60 -LRB103 03564 CPF 48570 b HB0003 - 60 - LRB103 03564 CPF 48570 b
2123	2123	HB0003 - 60 - LRB103 03564 CPF 48570 b
2124	2124	1 (h) Other neglect of, or misconduct toward the child;
2125	2125	2 provided that in making a finding of unfitness the court
2126	2126	3 hearing the adoption proceeding shall not be bound by any
2127	2127	4 previous finding, order or judgment affecting or
2128	2128	5 determining the rights of the parents toward the child
2129	2129	6 sought to be adopted in any other proceeding except such
2130	2130	7 proceedings terminating parental rights as shall be had
2131	2131	8 under either this Act, the Juvenile Court Act or the
2132	2132	9 Juvenile Court Act of 1987.
2133	2133	10 (i) Depravity. Conviction of any one of the following
2134	2134	11 crimes shall create a presumption that a parent is
2135	2135	12 depraved which can be overcome only by clear and
2136	2136	13 convincing evidence: (1) first degree murder in violation
2137	2137	14 of paragraph (1) or (2) of subsection (a) of Section 9-1 of
2138	2138	15 the Criminal Code of 1961 or the Criminal Code of 2012 or
2139	2139	16 conviction of second degree murder in violation of
2140	2140	17 subsection (a) of Section 9-2 of the Criminal Code of 1961
2141	2141	18 or the Criminal Code of 2012 of a parent of the child to be
2142	2142	19 adopted; (2) first degree murder or second degree murder
2143	2143	20 of any child in violation of the Criminal Code of 1961 or
2144	2144	21 the Criminal Code of 2012; (3) attempt or conspiracy to
2145	2145	22 commit first degree murder or second degree murder of any
2146	2146	23 child in violation of the Criminal Code of 1961 or the
2147	2147	24 Criminal Code of 2012; (4) solicitation to commit murder
2148	2148	25 of any child, solicitation to commit murder of any child
2149	2149	26 for hire, or solicitation to commit second degree murder
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154
2155	2155	HB0003 - 60 - LRB103 03564 CPF 48570 b
2156	2156
2157	2157
2158	2158	HB0003- 61 -LRB103 03564 CPF 48570 b HB0003 - 61 - LRB103 03564 CPF 48570 b
2159	2159	HB0003 - 61 - LRB103 03564 CPF 48570 b
2160	2160	1 of any child in violation of the Criminal Code of 1961 or
2161	2161	2 the Criminal Code of 2012; (5) predatory criminal sexual
2162	2162	3 assault of a child in violation of Section 11-1.40 or
2163	2163	4 12-14.1 of the Criminal Code of 1961 or the Criminal Code
2164	2164	5 of 2012; (6) heinous battery of any child in violation of
2165	2165	6 the Criminal Code of 1961; (7) aggravated battery of any
2166	2166	7 child in violation of the Criminal Code of 1961 or the
2167	2167	8 Criminal Code of 2012; (8) any violation of Section
2168	2168	9 11-1.20 or Section 12-13 of the Criminal Code of 1961 or
2169	2169	10 the Criminal Code of 2012; (9) any violation of subsection
2170	2170	11 (a) of Section 11-1.50 or Section 12-16 of the Criminal
2171	2171	12 Code of 1961 or the Criminal Code of 2012; (10) any
2172	2172	13 violation of Section 11-9.1 of the Criminal Code of 1961
2173	2173	14 or the Criminal Code of 2012; (11) any violation of
2174	2174	15 Section 11-9.1A of the Criminal Code of 1961 or the
2175	2175	16 Criminal Code of 2012; or (12) an offense in any other
2176	2176	17 state the elements of which are similar and bear a
2177	2177	18 substantial relationship to any of the enumerated offenses
2178	2178	19 in this subsection (i).
2179	2179	20 There is a rebuttable presumption that a parent is
2180	2180	21 depraved if the parent has been criminally convicted of at
2181	2181	22 least 3 felonies under the laws of this State or any other
2182	2182	23 state, or under federal law, or the criminal laws of any
2183	2183	24 United States territory; and at least one of these
2184	2184	25 convictions took place within 5 years of the filing of the
2185	2185	26 petition or motion seeking termination of parental rights.
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190
2191	2191	HB0003 - 61 - LRB103 03564 CPF 48570 b
2192	2192
2193	2193
2194	2194	HB0003- 62 -LRB103 03564 CPF 48570 b HB0003 - 62 - LRB103 03564 CPF 48570 b
2195	2195	HB0003 - 62 - LRB103 03564 CPF 48570 b
2196	2196	1 There is a rebuttable presumption that a parent is
2197	2197	2 depraved if that parent has been criminally convicted of
2198	2198	3 either first or second degree murder of any person as
2199	2199	4 defined in the Criminal Code of 1961 or the Criminal Code
2200	2200	5 of 2012 within 10 years of the filing date of the petition
2201	2201	6 or motion to terminate parental rights.
2202	2202	7 No conviction or finding of delinquency pursuant to
2203	2203	8 Article 5 of the Juvenile Court Act of 1987 shall be
2204	2204	9 considered a criminal conviction for the purpose of
2205	2205	10 applying any presumption under this item (i).
2206	2206	11 (j) Open and notorious adultery or fornication.
2207	2207	12 (j-1) (Blank).
2208	2208	13 (k) Habitual drunkenness or addiction to drugs, other
2209	2209	14 than those prescribed by a physician, for at least one
2210	2210	15 year immediately prior to the commencement of the
2211	2211	16 unfitness proceeding.
2212	2212	17 There is a rebuttable presumption that a parent is
2213	2213	18 unfit under this subsection with respect to any child to
2214	2214	19 which that parent gives birth where there is a confirmed
2215	2215	20 test result that at birth the child's blood, urine, or
2216	2216	21 meconium contained any amount of a controlled substance as
2217	2217	22 defined in subsection (f) of Section 102 of the Illinois
2218	2218	23 Controlled Substances Act or metabolites of such
2219	2219	24 substances, the presence of which in the newborn infant
2220	2220	25 was not the result of medical treatment administered to
2221	2221	26 the mother or the newborn infant; and the biological
2222	2222
2223	2223
2224	2224
2225	2225
2226	2226
2227	2227	HB0003 - 62 - LRB103 03564 CPF 48570 b
2228	2228
2229	2229
2230	2230	HB0003- 63 -LRB103 03564 CPF 48570 b HB0003 - 63 - LRB103 03564 CPF 48570 b
2231	2231	HB0003 - 63 - LRB103 03564 CPF 48570 b
2232	2232	1 mother of this child is the biological mother of at least
2233	2233	2 one other child who was adjudicated a neglected minor
2234	2234	3 under subsection (c) of Section 2-3 of the Juvenile Court
2235	2235	4 Act of 1987.
2236	2236	5 (l) Failure to demonstrate a reasonable degree of
2237	2237	6 interest, concern or responsibility as to the welfare of a
2238	2238	7 new born child during the first 30 days after its birth.
2239	2239	8 (m) Failure by a parent (i) to make reasonable efforts
2240	2240	9 to correct the conditions that were the basis for the
2241	2241	10 removal of the child from the parent during any 9-month
2242	2242	11 period following the adjudication of neglected or abused
2243	2243	12 minor under Section 2-3 of the Juvenile Court Act of 1987
2244	2244	13 or dependent minor under Section 2-4 of that Act, or (ii)
2245	2245	14 to make reasonable progress toward the return of the child
2246	2246	15 to the parent during any 9-month period following the
2247	2247	16 adjudication of neglected or abused minor under Section
2248	2248	17 2-3 of the Juvenile Court Act of 1987 or dependent minor
2249	2249	18 under Section 2-4 of that Act. If a service plan has been
2250	2250	19 established as required under Section 8.2 of the Abused
2251	2251	20 and Neglected Child Reporting Act to correct the
2252	2252	21 conditions that were the basis for the removal of the
2253	2253	22 child from the parent and if those services were
2254	2254	23 available, then, for purposes of this Act, "failure to
2255	2255	24 make reasonable progress toward the return of the child to
2256	2256	25 the parent" includes the parent's failure to substantially
2257	2257	26 fulfill his or her obligations under the service plan and
2258	2258
2259	2259
2260	2260
2261	2261
2262	2262
2263	2263	HB0003 - 63 - LRB103 03564 CPF 48570 b
2264	2264
2265	2265
2266	2266	HB0003- 64 -LRB103 03564 CPF 48570 b HB0003 - 64 - LRB103 03564 CPF 48570 b
2267	2267	HB0003 - 64 - LRB103 03564 CPF 48570 b
2268	2268	1 correct the conditions that brought the child into care
2269	2269	2 during any 9-month period following the adjudication under
2270	2270	3 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
2271	2271	4 Notwithstanding any other provision, when a petition or
2272	2272	5 motion seeks to terminate parental rights on the basis of
2273	2273	6 item (ii) of this subsection (m), the petitioner shall
2274	2274	7 file with the court and serve on the parties a pleading
2275	2275	8 that specifies the 9-month period or periods relied on.
2276	2276	9 The pleading shall be filed and served on the parties no
2277	2277	10 later than 3 weeks before the date set by the court for
2278	2278	11 closure of discovery, and the allegations in the pleading
2279	2279	12 shall be treated as incorporated into the petition or
2280	2280	13 motion. Failure of a respondent to file a written denial
2281	2281	14 of the allegations in the pleading shall not be treated as
2282	2282	15 an admission that the allegations are true.
2283	2283	16 (m-1) (Blank).
2284	2284	17 (n) Evidence of intent to forgo his or her parental
2285	2285	18 rights, whether or not the child is a ward of the court,
2286	2286	19 (1) as manifested by his or her failure for a period of 12
2287	2287	20 months: (i) to visit the child, (ii) to communicate with
2288	2288	21 the child or agency, although able to do so and not
2289	2289	22 prevented from doing so by an agency or by court order, or
2290	2290	23 (iii) to maintain contact with or plan for the future of
2291	2291	24 the child, although physically able to do so, or (2) as
2292	2292	25 manifested by the father's failure, where he and the
2293	2293	26 mother of the child were unmarried to each other at the
2294	2294
2295	2295
2296	2296
2297	2297
2298	2298
2299	2299	HB0003 - 64 - LRB103 03564 CPF 48570 b
2300	2300
2301	2301
2302	2302	HB0003- 65 -LRB103 03564 CPF 48570 b HB0003 - 65 - LRB103 03564 CPF 48570 b
2303	2303	HB0003 - 65 - LRB103 03564 CPF 48570 b
2304	2304	1 time of the child's birth, (i) to commence legal
2305	2305	2 proceedings to establish his paternity under the Illinois
2306	2306	3 Parentage Act of 1984, the Illinois Parentage Act of 2015,
2307	2307	4 or the law of the jurisdiction of the child's birth within
2308	2308	5 30 days of being informed, pursuant to Section 12a of this
2309	2309	6 Act, that he is the father or the likely father of the
2310	2310	7 child or, after being so informed where the child is not
2311	2311	8 yet born, within 30 days of the child's birth, or (ii) to
2312	2312	9 make a good faith effort to pay a reasonable amount of the
2313	2313	10 expenses related to the birth of the child and to provide a
2314	2314	11 reasonable amount for the financial support of the child,
2315	2315	12 the court to consider in its determination all relevant
2316	2316	13 circumstances, including the financial condition of both
2317	2317	14 parents; provided that the ground for termination provided
2318	2318	15 in this subparagraph (n)(2)(ii) shall only be available
2319	2319	16 where the petition is brought by the mother or the husband
2320	2320	17 of the mother.
2321	2321	18 Contact or communication by a parent with his or her
2322	2322	19 child that does not demonstrate affection and concern does
2323	2323	20 not constitute reasonable contact and planning under
2324	2324	21 subdivision (n). In the absence of evidence to the
2325	2325	22 contrary, the ability to visit, communicate, maintain
2326	2326	23 contact, pay expenses and plan for the future shall be
2327	2327	24 presumed. The subjective intent of the parent, whether
2328	2328	25 expressed or otherwise, unsupported by evidence of the
2329	2329	26 foregoing parental acts manifesting that intent, shall not
2330	2330
2331	2331
2332	2332
2333	2333
2334	2334
2335	2335	HB0003 - 65 - LRB103 03564 CPF 48570 b
2336	2336
2337	2337
2338	2338	HB0003- 66 -LRB103 03564 CPF 48570 b HB0003 - 66 - LRB103 03564 CPF 48570 b
2339	2339	HB0003 - 66 - LRB103 03564 CPF 48570 b
2340	2340	1 preclude a determination that the parent has intended to
2341	2341	2 forgo his or her parental rights. In making this
2342	2342	3 determination, the court may consider but shall not
2343	2343	4 require a showing of diligent efforts by an authorized
2344	2344	5 agency to encourage the parent to perform the acts
2345	2345	6 specified in subdivision (n).
2346	2346	7 It shall be an affirmative defense to any allegation
2347	2347	8 under paragraph (2) of this subsection that the father's
2348	2348	9 failure was due to circumstances beyond his control or to
2349	2349	10 impediments created by the mother or any other person
2350	2350	11 having legal custody. Proof of that fact need only be by a
2351	2351	12 preponderance of the evidence.
2352	2352	13 (o) Repeated or continuous failure by the parents,
2353	2353	14 although physically and financially able, to provide the
2354	2354	15 child with adequate food, clothing, or shelter.
2355	2355	16 (p) Inability to discharge parental responsibilities
2356	2356	17 supported by competent evidence from a psychiatrist,
2357	2357	18 licensed clinical social worker, or clinical psychologist
2358	2358	19 of mental impairment, mental illness or an intellectual
2359	2359	20 disability as defined in Section 1-116 of the Mental
2360	2360	21 Health and Developmental Disabilities Code, or
2361	2361	22 developmental disability as defined in Section 1-106 of
2362	2362	23 that Code, and there is sufficient justification to
2363	2363	24 believe that the inability to discharge parental
2364	2364	25 responsibilities shall extend beyond a reasonable time
2365	2365	26 period. However, this subdivision (p) shall not be
2366	2366
2367	2367
2368	2368
2369	2369
2370	2370
2371	2371	HB0003 - 66 - LRB103 03564 CPF 48570 b
2372	2372
2373	2373
2374	2374	HB0003- 67 -LRB103 03564 CPF 48570 b HB0003 - 67 - LRB103 03564 CPF 48570 b
2375	2375	HB0003 - 67 - LRB103 03564 CPF 48570 b
2376	2376	1 construed so as to permit a licensed clinical social
2377	2377	2 worker to conduct any medical diagnosis to determine
2378	2378	3 mental illness or mental impairment.
2379	2379	4 (q) (Blank).
2380	2380	5 (r) The child is in the temporary custody or
2381	2381	6 guardianship of the Department of Children and Family
2382	2382	7 Services, the parent is incarcerated as a result of
2383	2383	8 criminal conviction at the time the petition or motion for
2384	2384	9 termination of parental rights is filed, prior to
2385	2385	10 incarceration the parent had little or no contact with the
2386	2386	11 child or provided little or no support for the child, and
2387	2387	12 the parent's incarceration will prevent the parent from
2388	2388	13 discharging his or her parental responsibilities for the
2389	2389	14 child for a period in excess of 2 years after the filing of
2390	2390	15 the petition or motion for termination of parental rights.
2391	2391	16 (s) The child is in the temporary custody or
2392	2392	17 guardianship of the Department of Children and Family
2393	2393	18 Services, the parent is incarcerated at the time the
2394	2394	19 petition or motion for termination of parental rights is
2395	2395	20 filed, the parent has been repeatedly incarcerated as a
2396	2396	21 result of criminal convictions, and the parent's repeated
2397	2397	22 incarceration has prevented the parent from discharging
2398	2398	23 his or her parental responsibilities for the child.
2399	2399	24 (t) (Blank). A finding that at birth the child's
2400	2400	25 blood, urine, or meconium contained any amount of a
2401	2401	26 controlled substance as defined in subsection (f) of
2402	2402
2403	2403
2404	2404
2405	2405
2406	2406
2407	2407	HB0003 - 67 - LRB103 03564 CPF 48570 b
2408	2408
2409	2409
2410	2410	HB0003- 68 -LRB103 03564 CPF 48570 b HB0003 - 68 - LRB103 03564 CPF 48570 b
2411	2411	HB0003 - 68 - LRB103 03564 CPF 48570 b
2412	2412	1 Section 102 of the Illinois Controlled Substances Act, or
2413	2413	2 a metabolite of a controlled substance, with the exception
2414	2414	3 of controlled substances or metabolites of such
2415	2415	4 substances, the presence of which in the newborn infant
2416	2416	5 was the result of medical treatment administered to the
2417	2417	6 mother or the newborn infant, and that the biological
2418	2418	7 mother of this child is the biological mother of at least
2419	2419	8 one other child who was adjudicated a neglected minor
2420	2420	9 under subsection (c) of Section 2-3 of the Juvenile Court
2421	2421	10 Act of 1987, after which the biological mother had the
2422	2422	11 opportunity to enroll in and participate in a clinically
2423	2423	12 appropriate substance abuse counseling, treatment, and
2424	2424	13 rehabilitation program.
2425	2425	14 E. "Parent" means a person who is the legal mother or legal
2426	2426	15 father of the child as defined in subsection X or Y of this
2427	2427	16 Section. For the purpose of this Act, a parent who has executed
2428	2428	17 a consent to adoption, a surrender, or a waiver pursuant to
2429	2429	18 Section 10 of this Act, who has signed a Denial of Paternity
2430	2430	19 pursuant to Section 12 of the Vital Records Act or Section 12a
2431	2431	20 of this Act, or whose parental rights have been terminated by a
2432	2432	21 court, is not a parent of the child who was the subject of the
2433	2433	22 consent, surrender, waiver, or denial unless (1) the consent
2434	2434	23 is void pursuant to subsection O of Section 10 of this Act; or
2435	2435	24 (2) the person executed a consent to adoption by a specified
2436	2436	25 person or persons pursuant to subsection A-1 of Section 10 of
2437	2437	26 this Act and a court of competent jurisdiction finds that the
2438	2438
2439	2439
2440	2440
2441	2441
2442	2442
2443	2443	HB0003 - 68 - LRB103 03564 CPF 48570 b
2444	2444
2445	2445
2446	2446	HB0003- 69 -LRB103 03564 CPF 48570 b HB0003 - 69 - LRB103 03564 CPF 48570 b
2447	2447	HB0003 - 69 - LRB103 03564 CPF 48570 b
2448	2448	1 consent is void; or (3) the order terminating the parental
2449	2449	2 rights of the person is vacated by a court of competent
2450	2450	3 jurisdiction.
2451	2451	4 F. A person is available for adoption when the person is:
2452	2452	5 (a) a child who has been surrendered for adoption to
2453	2453	6 an agency and to whose adoption the agency has thereafter
2454	2454	7 consented;
2455	2455	8 (b) a child to whose adoption a person authorized by
2456	2456	9 law, other than his parents, has consented, or to whose
2457	2457	10 adoption no consent is required pursuant to Section 8 of
2458	2458	11 this Act;
2459	2459	12 (c) a child who is in the custody of persons who intend
2460	2460	13 to adopt him through placement made by his parents;
2461	2461	14 (c-1) a child for whom a parent has signed a specific
2462	2462	15 consent pursuant to subsection O of Section 10;
2463	2463	16 (d) an adult who meets the conditions set forth in
2464	2464	17 Section 3 of this Act; or
2465	2465	18 (e) a child who has been relinquished as defined in
2466	2466	19 Section 10 of the Abandoned Newborn Infant Protection Act.
2467	2467	20 A person who would otherwise be available for adoption
2468	2468	21 shall not be deemed unavailable for adoption solely by reason
2469	2469	22 of his or her death.
2470	2470	23 G. The singular includes the plural and the plural
2471	2471	24 includes the singular and the "male" includes the "female", as
2472	2472	25 the context of this Act may require.
2473	2473	26 H. (Blank).
2474	2474
2475	2475
2476	2476
2477	2477
2478	2478
2479	2479	HB0003 - 69 - LRB103 03564 CPF 48570 b
2480	2480
2481	2481
2482	2482	HB0003- 70 -LRB103 03564 CPF 48570 b HB0003 - 70 - LRB103 03564 CPF 48570 b
2483	2483	HB0003 - 70 - LRB103 03564 CPF 48570 b
2484	2484	1 I. "Habitual residence" has the meaning ascribed to it in
2485	2485	2 the federal Intercountry Adoption Act of 2000 and regulations
2486	2486	3 promulgated thereunder.
2487	2487	4 J. "Immediate relatives" means the biological parents, the
2488	2488	5 parents of the biological parents and siblings of the
2489	2489	6 biological parents.
2490	2490	7 K. "Intercountry adoption" is a process by which a child
2491	2491	8 from a country other than the United States is adopted by
2492	2492	9 persons who are habitual residents of the United States, or
2493	2493	10 the child is a habitual resident of the United States who is
2494	2494	11 adopted by persons who are habitual residents of a country
2495	2495	12 other than the United States.
2496	2496	13 L. (Blank).
2497	2497	14 M. "Interstate Compact on the Placement of Children" is a
2498	2498	15 law enacted by all states and certain territories for the
2499	2499	16 purpose of establishing uniform procedures for handling the
2500	2500	17 interstate placement of children in foster homes, adoptive
2501	2501	18 homes, or other child care facilities.
2502	2502	19 N. (Blank).
2503	2503	20 O. "Preadoption requirements" means any conditions or
2504	2504	21 standards established by the laws or administrative rules of
2505	2505	22 this State that must be met by a prospective adoptive parent
2506	2506	23 prior to the placement of a child in an adoptive home.
2507	2507	24 P. "Abused child" means a child whose parent or immediate
2508	2508	25 family member, or any person responsible for the child's
2509	2509	26 welfare, or any individual residing in the same home as the
2510	2510
2511	2511
2512	2512
2513	2513
2514	2514
2515	2515	HB0003 - 70 - LRB103 03564 CPF 48570 b
2516	2516
2517	2517
2518	2518	HB0003- 71 -LRB103 03564 CPF 48570 b HB0003 - 71 - LRB103 03564 CPF 48570 b
2519	2519	HB0003 - 71 - LRB103 03564 CPF 48570 b
2520	2520	1 child, or a paramour of the child's parent:
2521	2521	2 (a) inflicts, causes to be inflicted, or allows to be
2522	2522	3 inflicted upon the child physical injury, by other than
2523	2523	4 accidental means, that causes death, disfigurement,
2524	2524	5 impairment of physical or emotional health, or loss or
2525	2525	6 impairment of any bodily function;
2526	2526	7 (b) creates a substantial risk of physical injury to
2527	2527	8 the child by other than accidental means which would be
2528	2528	9 likely to cause death, disfigurement, impairment of
2529	2529	10 physical or emotional health, or loss or impairment of any
2530	2530	11 bodily function;
2531	2531	12 (c) commits or allows to be committed any sex offense
2532	2532	13 against the child, as sex offenses are defined in the
2533	2533	14 Criminal Code of 2012 and extending those definitions of
2534	2534	15 sex offenses to include children under 18 years of age;
2535	2535	16 (d) commits or allows to be committed an act or acts of
2536	2536	17 torture upon the child; or
2537	2537	18 (e) inflicts excessive corporal punishment.
2538	2538	19 Q. "Neglected child" means any child whose parent or other
2539	2539	20 person responsible for the child's welfare withholds or denies
2540	2540	21 nourishment or medically indicated treatment including food or
2541	2541	22 care denied solely on the basis of the present or anticipated
2542	2542	23 mental or physical impairment as determined by a physician
2543	2543	24 acting alone or in consultation with other physicians or
2544	2544	25 otherwise does not provide the proper or necessary support,
2545	2545	26 education as required by law, or medical or other remedial
2546	2546
2547	2547
2548	2548
2549	2549
2550	2550
2551	2551	HB0003 - 71 - LRB103 03564 CPF 48570 b
2552	2552
2553	2553
2554	2554	HB0003- 72 -LRB103 03564 CPF 48570 b HB0003 - 72 - LRB103 03564 CPF 48570 b
2555	2555	HB0003 - 72 - LRB103 03564 CPF 48570 b
2556	2556	1 care recognized under State law as necessary for a child's
2557	2557	2 well-being, or other care necessary for his or her well-being,
2558	2558	3 including adequate food, clothing and shelter; or who is
2559	2559	4 abandoned by his or her parents or other person responsible
2560	2560	5 for the child's welfare.
2561	2561	6 A child shall not be considered neglected or abused for
2562	2562	7 the sole reason that the child's parent or other person
2563	2563	8 responsible for his or her welfare depends upon spiritual
2564	2564	9 means through prayer alone for the treatment or cure of
2565	2565	10 disease or remedial care as provided under Section 4 of the
2566	2566	11 Abused and Neglected Child Reporting Act. A child shall not be
2567	2567	12 considered neglected or abused for the sole reason that the
2568	2568	13 child's parent or other person responsible for the child's
2569	2569	14 welfare failed to vaccinate, delayed vaccination, or refused
2570	2570	15 vaccination for the child due to a waiver on religious or
2571	2571	16 medical grounds as permitted by law.
2572	2572	17 R. "Putative father" means a man who may be a child's
2573	2573	18 father, but who (1) is not married to the child's mother on or
2574	2574	19 before the date that the child was or is to be born and (2) has
2575	2575	20 not established paternity of the child in a court proceeding
2576	2576	21 before the filing of a petition for the adoption of the child.
2577	2577	22 The term includes a male who is less than 18 years of age.
2578	2578	23 "Putative father" does not mean a man who is the child's father
2579	2579	24 as a result of criminal sexual abuse or assault as defined
2580	2580	25 under Article 11 of the Criminal Code of 2012.
2581	2581	26 S. "Standby adoption" means an adoption in which a parent
2582	2582
2583	2583
2584	2584
2585	2585
2586	2586
2587	2587	HB0003 - 72 - LRB103 03564 CPF 48570 b
2588	2588
2589	2589
2590	2590	HB0003- 73 -LRB103 03564 CPF 48570 b HB0003 - 73 - LRB103 03564 CPF 48570 b
2591	2591	HB0003 - 73 - LRB103 03564 CPF 48570 b
2592	2592	1 consents to custody and termination of parental rights to
2593	2593	2 become effective upon the occurrence of a future event, which
2594	2594	3 is either the death of the parent or the request of the parent
2595	2595	4 for the entry of a final judgment of adoption.
2596	2596	5 T. (Blank).
2597	2597	6 T-5. "Biological parent", "birth parent", or "natural
2598	2598	7 parent" of a child are interchangeable terms that mean a
2599	2599	8 person who is biologically or genetically related to that
2600	2600	9 child as a parent.
2601	2601	10 U. "Interstate adoption" means the placement of a minor
2602	2602	11 child with a prospective adoptive parent for the purpose of
2603	2603	12 pursuing an adoption for that child that is subject to the
2604	2604	13 provisions of the Interstate Compact on the Placement of
2605	2605	14 Children.
2606	2606	15 V. (Blank).
2607	2607	16 W. (Blank).
2608	2608	17 X. "Legal father" of a child means a man who is recognized
2609	2609	18 as or presumed to be that child's father:
2610	2610	19 (1) because of his marriage to or civil union with the
2611	2611	20 child's parent at the time of the child's birth or within
2612	2612	21 300 days prior to that child's birth, unless he signed a
2613	2613	22 denial of paternity pursuant to Section 12 of the Vital
2614	2614	23 Records Act or a waiver pursuant to Section 10 of this Act;
2615	2615	24 or
2616	2616	25 (2) because his paternity of the child has been
2617	2617	26 established pursuant to the Illinois Parentage Act, the
2618	2618
2619	2619
2620	2620
2621	2621
2622	2622
2623	2623	HB0003 - 73 - LRB103 03564 CPF 48570 b
2624	2624
2625	2625
2626	2626	HB0003- 74 -LRB103 03564 CPF 48570 b HB0003 - 74 - LRB103 03564 CPF 48570 b
2627	2627	HB0003 - 74 - LRB103 03564 CPF 48570 b
2628	2628	1 Illinois Parentage Act of 1984, or the Gestational
2629	2629	2 Surrogacy Act; or
2630	2630	3 (3) because he is listed as the child's father or
2631	2631	4 parent on the child's birth certificate, unless he is
2632	2632	5 otherwise determined by an administrative or judicial
2633	2633	6 proceeding not to be the parent of the child or unless he
2634	2634	7 rescinds his acknowledgment of paternity pursuant to the
2635	2635	8 Illinois Parentage Act of 1984; or
2636	2636	9 (4) because his paternity or adoption of the child has
2637	2637	10 been established by a court of competent jurisdiction.
2638	2638	11 The definition in this subsection X shall not be construed
2639	2639	12 to provide greater or lesser rights as to the number of parents
2640	2640	13 who can be named on a final judgment order of adoption or
2641	2641	14 Illinois birth certificate that otherwise exist under Illinois
2642	2642	15 law.
2643	2643	16 Y. "Legal mother" of a child means a woman who is
2644	2644	17 recognized as or presumed to be that child's mother:
2645	2645	18 (1) because she gave birth to the child except as
2646	2646	19 provided in the Gestational Surrogacy Act; or
2647	2647	20 (2) because her maternity of the child has been
2648	2648	21 established pursuant to the Illinois Parentage Act of 1984
2649	2649	22 or the Gestational Surrogacy Act; or
2650	2650	23 (3) because her maternity or adoption of the child has
2651	2651	24 been established by a court of competent jurisdiction; or
2652	2652	25 (4) because of her marriage to or civil union with the
2653	2653	26 child's other parent at the time of the child's birth or
2654	2654
2655	2655
2656	2656
2657	2657
2658	2658
2659	2659	HB0003 - 74 - LRB103 03564 CPF 48570 b
2660	2660
2661	2661
2662	2662	HB0003- 75 -LRB103 03564 CPF 48570 b HB0003 - 75 - LRB103 03564 CPF 48570 b
2663	2663	HB0003 - 75 - LRB103 03564 CPF 48570 b
2664	2664	1 within 300 days prior to the time of birth; or
2665	2665	2 (5) because she is listed as the child's mother or
2666	2666	3 parent on the child's birth certificate unless she is
2667	2667	4 otherwise determined by an administrative or judicial
2668	2668	5 proceeding not to be the parent of the child.
2669	2669	6 The definition in this subsection Y shall not be construed
2670	2670	7 to provide greater or lesser rights as to the number of parents
2671	2671	8 who can be named on a final judgment order of adoption or
2672	2672	9 Illinois birth certificate that otherwise exist under Illinois
2673	2673	10 law.
2674	2674	11 Z. "Department" means the Illinois Department of Children
2675	2675	12 and Family Services.
2676	2676	13 AA. "Placement disruption" means a circumstance where the
2677	2677	14 child is removed from an adoptive placement before the
2678	2678	15 adoption is finalized.
2679	2679	16 BB. "Secondary placement" means a placement, including but
2680	2680	17 not limited to the placement of a youth in care as defined in
2681	2681	18 Section 4d of the Children and Family Services Act, that
2682	2682	19 occurs after a placement disruption or an adoption
2683	2683	20 dissolution. "Secondary placement" does not mean secondary
2684	2684	21 placements arising due to the death of the adoptive parent of
2685	2685	22 the child.
2686	2686	23 CC. "Adoption dissolution" means a circumstance where the
2687	2687	24 child is removed from an adoptive placement after the adoption
2688	2688	25 is finalized.
2689	2689	26 DD. "Unregulated placement" means the secondary placement
2690	2690
2691	2691
2692	2692
2693	2693
2694	2694
2695	2695	HB0003 - 75 - LRB103 03564 CPF 48570 b
2696	2696
2697	2697
2698	2698	HB0003- 76 -LRB103 03564 CPF 48570 b HB0003 - 76 - LRB103 03564 CPF 48570 b
2699	2699	HB0003 - 76 - LRB103 03564 CPF 48570 b
2700	2700	1 of a child that occurs without the oversight of the courts, the
2701	2701	2 Department, or a licensed child welfare agency.
2702	2702	3 EE. "Post-placement and post-adoption support services"
2703	2703	4 means support services for placed or adopted children and
2704	2704	5 families that include, but are not limited to, mental health
2705	2705	6 treatment, including counseling and other support services for
2706	2706	7 emotional, behavioral, or developmental needs, and treatment
2707	2707	8 for substance abuse.
2708	2708	9 FF. "Youth in care" has the meaning provided in Section 4d
2709	2709	10 of the Children and Family Services Act.
2710	2710	11 (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
2711	2711	12 102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
2712	2712	13 Section 95. No acceleration or delay. Where this Act makes
2713	2713	14 changes in a statute that is represented in this Act by text
2714	2714	15 that is not yet or no longer in effect (for example, a Section
2715	2715	16 represented by multiple versions), the use of that text does
2716	2716	17 not accelerate or delay the taking effect of (i) the changes
2717	2717	18 made by this Act or (ii) provisions derived from any other
2718	2718	19 Public Act.
2719	2719	HB0003- 77 -LRB103 03564 CPF 48570 b 1 INDEX 2 Statutes amended in order of appearance HB0003- 77 -LRB103 03564 CPF 48570 b HB0003 - 77 - LRB103 03564 CPF 48570 b 1 INDEX 2 Statutes amended in order of appearance
2720	2720	HB0003- 77 -LRB103 03564 CPF 48570 b HB0003 - 77 - LRB103 03564 CPF 48570 b
2721	2721	HB0003 - 77 - LRB103 03564 CPF 48570 b
2722	2722	1 INDEX
2723	2723	2 Statutes amended in order of appearance
2724	2724
2725	2725
2726	2726
2727	2727
2728	2728
2729	2729	HB0003 - 76 - LRB103 03564 CPF 48570 b
2730	2730
2731	2731
2732	2732
2733	2733	HB0003- 77 -LRB103 03564 CPF 48570 b HB0003 - 77 - LRB103 03564 CPF 48570 b
2734	2734	HB0003 - 77 - LRB103 03564 CPF 48570 b
2735	2735	1 INDEX
2736	2736	2 Statutes amended in order of appearance
2737	2737
2738	2738
2739	2739
2740	2740
2741	2741
2742	2742	HB0003 - 77 - LRB103 03564 CPF 48570 b