Illinois 2023-2024 Regular Session

Illinois House Bill HB2885 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 HB2885 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501 Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. LRB103 26122 RLC 52478 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2885 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501 Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. LRB103 26122 RLC 52478 b LRB103 26122 RLC 52478 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2885 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501
4	4	705 ILCS 405/1-2 from Ch. 37, par. 801-2
5	5	705 ILCS 405/1-3 from Ch. 37, par. 801-3
6	6	705 ILCS 405/2-10 from Ch. 37, par. 802-10
7	7	705 ILCS 405/2-13 from Ch. 37, par. 802-13
8	8	705 ILCS 405/2-13.1
9	9	705 ILCS 405/2-21 from Ch. 37, par. 802-21
10	10	705 ILCS 405/2-28 from Ch. 37, par. 802-28
11	11	705 ILCS 405/2-31 from Ch. 37, par. 802-31
12	12	750 ILCS 50/1 from Ch. 40, par. 1501
13	13	Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand.
14	14	LRB103 26122 RLC 52478 b LRB103 26122 RLC 52478 b
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16	16	A BILL FOR
17	17	HB2885LRB103 26122 RLC 52478 b HB2885 LRB103 26122 RLC 52478 b
18	18	HB2885 LRB103 26122 RLC 52478 b
19	19	1 AN ACT concerning courts.
20	20	2 Be it enacted by the People of the State of Illinois,
21	21	3 represented in the General Assembly:
22	22	4 Section 5. The Juvenile Court Act of 1987 is amended by
23	23	5 changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, 2-28,
24	24	6 and 2-31 as follows:
25	25	7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
26	26	8 Sec. 1-2. Purpose and policy.
27	27	9 (1) The purpose of this Act is to secure for each minor
28	28	10 subject hereto such care and guidance, preferably in his or
29	29	11 her own home, as will serve the safety and moral, emotional,
30	30	12 mental, and physical welfare of the minor and the best
31	31	13 interests of the community; to preserve and strengthen the
32	32	14 minor's family ties whenever possible, removing him or her
33	33	15 from the custody of his or her parents only when his or her
34	34	16 safety or welfare or the protection of the public cannot be
35	35	17 adequately safeguarded without removal; if the child is
36	36	18 removed from the custody of his or her parent, the Department
37	37	19 of Children and Family Services immediately shall consider
38	38	20 concurrent planning, as described in Section 5 of the Children
39	39	21 and Family Services Act so that permanency may occur at the
40	40	22 earliest opportunity; consideration should be given so that if
41	41	23 reunification fails or is delayed, the placement made is the
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45	45	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2885 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
46	46	705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501 705 ILCS 405/1-2 from Ch. 37, par. 801-2 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-10 from Ch. 37, par. 802-10 705 ILCS 405/2-13 from Ch. 37, par. 802-13 705 ILCS 405/2-13.1 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-28 from Ch. 37, par. 802-28 705 ILCS 405/2-31 from Ch. 37, par. 802-31 750 ILCS 50/1 from Ch. 40, par. 1501
47	47	705 ILCS 405/1-2 from Ch. 37, par. 801-2
48	48	705 ILCS 405/1-3 from Ch. 37, par. 801-3
49	49	705 ILCS 405/2-10 from Ch. 37, par. 802-10
50	50	705 ILCS 405/2-13 from Ch. 37, par. 802-13
51	51	705 ILCS 405/2-13.1
52	52	705 ILCS 405/2-21 from Ch. 37, par. 802-21
53	53	705 ILCS 405/2-28 from Ch. 37, par. 802-28
54	54	705 ILCS 405/2-31 from Ch. 37, par. 802-31
55	55	750 ILCS 50/1 from Ch. 40, par. 1501
56	56	Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand.
57	57	LRB103 26122 RLC 52478 b LRB103 26122 RLC 52478 b
58	58	LRB103 26122 RLC 52478 b
59	59	A BILL FOR
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65	65	705 ILCS 405/1-2 from Ch. 37, par. 801-2
66	66	705 ILCS 405/1-3 from Ch. 37, par. 801-3
67	67	705 ILCS 405/2-10 from Ch. 37, par. 802-10
68	68	705 ILCS 405/2-13 from Ch. 37, par. 802-13
69	69	705 ILCS 405/2-13.1
70	70	705 ILCS 405/2-21 from Ch. 37, par. 802-21
71	71	705 ILCS 405/2-28 from Ch. 37, par. 802-28
72	72	705 ILCS 405/2-31 from Ch. 37, par. 802-31
73	73	750 ILCS 50/1 from Ch. 40, par. 1501
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92	92	1 best available placement to provide permanency for the child;
93	93	2 and, when the minor is removed from his or her own family, to
94	94	3 secure for him or her custody, care and discipline as nearly as
95	95	4 possible equivalent to that which should be given by his or her
96	96	5 parents, and in cases where it should and can properly be done
97	97	6 to place the minor in a family home so that he or she may
98	98	7 become a member of the family by legal adoption or otherwise.
99	99	8 Provided that a ground for unfitness under the Adoption Act
100	100	9 can be met, it may be appropriate to expedite termination of
101	101	10 parental rights:
102	102	11 (a) when active reasonable efforts are inappropriate,
103	103	12 or have been provided and were unsuccessful, and there are
104	104	13 aggravating circumstances including, but not limited to,
105	105	14 those cases in which (i) the child or another child of that
106	106	15 child's parent was (A) abandoned, (B) tortured, or (C)
107	107	16 chronically abused or (ii) the parent is criminally
108	108	17 convicted of (A) first degree murder or second degree
109	109	18 murder of any child, (B) attempt or conspiracy to commit
110	110	19 first degree murder or second degree murder of any child,
111	111	20 (C) solicitation to commit murder, solicitation to commit
112	112	21 murder for hire, solicitation to commit second degree
113	113	22 murder of any child, or aggravated assault in violation of
114	114	23 subdivision (a)(13) of Section 12-2 of the Criminal Code
115	115	24 of 1961 or the Criminal Code of 2012, or (D) aggravated
116	116	25 criminal sexual assault in violation of Section
117	117	26 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of
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128	128	1 1961 or the Criminal Code of 2012; or
129	129	2 (b) when the parental rights of a parent with respect
130	130	3 to another child of the parent have been involuntarily
131	131	4 terminated; or
132	132	5 (c) in those extreme cases in which the parent's
133	133	6 incapacity to care for the child, combined with an
134	134	7 extremely poor prognosis for treatment or rehabilitation,
135	135	8 justifies expedited termination of parental rights.
136	136	9 (2) In all proceedings under this Act the court may direct
137	137	10 the course thereof so as promptly to ascertain the
138	138	11 jurisdictional facts and fully to gather information bearing
139	139	12 upon the current condition and future welfare of persons
140	140	13 subject to this Act. This Act shall be administered in a spirit
141	141	14 of humane concern, not only for the rights of the parties, but
142	142	15 also for the fears and the limits of understanding of all who
143	143	16 appear before the court.
144	144	17 (3) In all procedures under this Act, the following shall
145	145	18 apply:
146	146	19 (a) The procedural rights assured to the minor shall
147	147	20 be the rights of adults unless specifically precluded by
148	148	21 laws which enhance the protection of such minors.
149	149	22 (b) Every child has a right to services necessary to
150	150	23 his or her safety and proper development, including
151	151	24 health, education and social services.
152	152	25 (c) The parents' right to the custody of their child
153	153	26 shall not prevail when the court determines that it is
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164	164	1 contrary to the health, safety, and best interests of the
165	165	2 child.
166	166	3 (4) This Act shall be liberally construed to carry out the
167	167	4 foregoing purpose and policy.
168	168	5 (Source: P.A. 97-1150, eff. 1-25-13.)
169	169	6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
170	170	7 Sec. 1-3. Definitions. Terms used in this Act, unless the
171	171	8 context otherwise requires, have the following meanings
172	172	9 ascribed to them:
173	173	10 (.05) "Active efforts" means efforts that are affirmative,
174	174	11 active, thorough, timely and intended to maintain or reunite a
175	175	12 child with the child's family and represent a higher standard
176	176	13 of conduct than reasonable efforts.
177	177	14 (1) "Adjudicatory hearing" means a hearing to determine
178	178	15 whether the allegations of a petition under Section 2-13, 3-15
179	179	16 or 4-12 that a minor under 18 years of age is abused, neglected
180	180	17 or dependent, or requires authoritative intervention, or
181	181	18 addicted, respectively, are supported by a preponderance of
182	182	19 the evidence or whether the allegations of a petition under
183	183	20 Section 5-520 that a minor is delinquent are proved beyond a
184	184	21 reasonable doubt.
185	185	22 (2) "Adult" means a person 21 years of age or older.
186	186	23 (3) "Agency" means a public or private child care facility
187	187	24 legally authorized or licensed by this State for placement or
188	188	25 institutional care or for both placement and institutional
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199	199	1 care.
200	200	2 (4) "Association" means any organization, public or
201	201	3 private, engaged in welfare functions which include services
202	202	4 to or on behalf of children but does not include "agency" as
203	203	5 herein defined.
204	204	6 (4.05) Whenever a "best interest" determination is
205	205	7 required, the following factors shall be considered in the
206	206	8 context of the child's age and developmental needs:
207	207	9 (a) the physical safety and welfare of the child,
208	208	10 including food, shelter, health, and clothing;
209	209	11 (b) the development of the child's identity;
210	210	12 (c) the child's background and ties, including
211	211	13 familial, cultural, and religious;
212	212	14 (d) the child's sense of attachments, including:
213	213	15 (i) where the child actually feels love,
214	214	16 attachment, and a sense of being valued (as opposed to
215	215	17 where adults believe the child should feel such love,
216	216	18 attachment, and a sense of being valued);
217	217	19 (ii) the child's sense of security;
218	218	20 (iii) the child's sense of familiarity;
219	219	21 (iv) continuity of affection for the child;
220	220	22 (v) the least disruptive placement alternative for
221	221	23 the child;
222	222	24 (e) the child's wishes and long-term goals;
223	223	25 (f) the child's community ties, including church,
224	224	26 school, and friends;
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235	235	1 (g) the child's need for permanence which includes the
236	236	2 child's need for stability and continuity of relationships
237	237	3 with parent figures and with siblings and other relatives;
238	238	4 (h) the uniqueness of every family and child;
239	239	5 (i) the risks attendant to entering and being in
240	240	6 substitute care; and
241	241	7 (j) the preferences of the persons available to care
242	242	8 for the child.
243	243	9 (4.1) "Chronic truant" shall have the definition ascribed
244	244	10 to it in Section 26-2a of the School Code.
245	245	11 (5) "Court" means the circuit court in a session or
246	246	12 division assigned to hear proceedings under this Act.
247	247	13 (6) "Dispositional hearing" means a hearing to determine
248	248	14 whether a minor should be adjudged to be a ward of the court,
249	249	15 and to determine what order of disposition should be made in
250	250	16 respect to a minor adjudged to be a ward of the court.
251	251	17 (6.5) "Dissemination" or "disseminate" means to publish,
252	252	18 produce, print, manufacture, distribute, sell, lease, exhibit,
253	253	19 broadcast, display, transmit, or otherwise share information
254	254	20 in any format so as to make the information accessible to
255	255	21 others.
256	256	22 (7) "Emancipated minor" means any minor 16 years of age or
257	257	23 over who has been completely or partially emancipated under
258	258	24 the Emancipation of Minors Act or under this Act.
259	259	25 (7.03) "Expunge" means to physically destroy the records
260	260	26 and to obliterate the minor's name from any official index,
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271	271	1 public record, or electronic database.
272	272	2 (7.05) "Foster parent" includes a relative caregiver
273	273	3 selected by the Department of Children and Family Services to
274	274	4 provide care for the minor.
275	275	5 (8) "Guardianship of the person" of a minor means the duty
276	276	6 and authority to act in the best interests of the minor,
277	277	7 subject to residual parental rights and responsibilities, to
278	278	8 make important decisions in matters having a permanent effect
279	279	9 on the life and development of the minor and to be concerned
280	280	10 with his or her general welfare. It includes but is not
281	281	11 necessarily limited to:
282	282	12 (a) the authority to consent to marriage, to
283	283	13 enlistment in the armed forces of the United States, or to
284	284	14 a major medical, psychiatric, and surgical treatment; to
285	285	15 represent the minor in legal actions; and to make other
286	286	16 decisions of substantial legal significance concerning the
287	287	17 minor;
288	288	18 (b) the authority and duty of reasonable visitation,
289	289	19 except to the extent that these have been limited in the
290	290	20 best interests of the minor by court order;
291	291	21 (c) the rights and responsibilities of legal custody
292	292	22 except where legal custody has been vested in another
293	293	23 person or agency; and
294	294	24 (d) the power to consent to the adoption of the minor,
295	295	25 but only if expressly conferred on the guardian in
296	296	26 accordance with Section 2-29, 3-30, or 4-27.
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307	307	1 (8.1) "Juvenile court record" includes, but is not limited
308	308	2 to:
309	309	3 (a) all documents filed in or maintained by the
310	310	4 juvenile court pertaining to a specific incident,
311	311	5 proceeding, or individual;
312	312	6 (b) all documents relating to a specific incident,
313	313	7 proceeding, or individual made available to or maintained
314	314	8 by probation officers;
315	315	9 (c) all documents, video or audio tapes, photographs,
316	316	10 and exhibits admitted into evidence at juvenile court
317	317	11 hearings; or
318	318	12 (d) all documents, transcripts, records, reports, or
319	319	13 other evidence prepared by, maintained by, or released by
320	320	14 any municipal, county, or State agency or department, in
321	321	15 any format, if indicating involvement with the juvenile
322	322	16 court relating to a specific incident, proceeding, or
323	323	17 individual.
324	324	18 (8.2) "Juvenile law enforcement record" includes records
325	325	19 of arrest, station adjustments, fingerprints, probation
326	326	20 adjustments, the issuance of a notice to appear, or any other
327	327	21 records or documents maintained by any law enforcement agency
328	328	22 relating to a minor suspected of committing an offense, and
329	329	23 records maintained by a law enforcement agency that identifies
330	330	24 a juvenile as a suspect in committing an offense, but does not
331	331	25 include records identifying a juvenile as a victim, witness,
332	332	26 or missing juvenile and any records created, maintained, or
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343	343	1 used for purposes of referral to programs relating to
344	344	2 diversion as defined in subsection (6) of Section 5-105.
345	345	3 (9) "Legal custody" means the relationship created by an
346	346	4 order of court in the best interests of the minor which imposes
347	347	5 on the custodian the responsibility of physical possession of
348	348	6 a minor and the duty to protect, train and discipline him and
349	349	7 to provide him with food, shelter, education and ordinary
350	350	8 medical care, except as these are limited by residual parental
351	351	9 rights and responsibilities and the rights and
352	352	10 responsibilities of the guardian of the person, if any.
353	353	11 (9.1) "Mentally capable adult relative" means a person 21
354	354	12 years of age or older who is not suffering from a mental
355	355	13 illness that prevents him or her from providing the care
356	356	14 necessary to safeguard the physical safety and welfare of a
357	357	15 minor who is left in that person's care by the parent or
358	358	16 parents or other person responsible for the minor's welfare.
359	359	17 (10) "Minor" means a person under the age of 21 years
360	360	18 subject to this Act.
361	361	19 (11) "Parent" means a father or mother of a child and
362	362	20 includes any adoptive parent. It also includes a person (i)
363	363	21 whose parentage is presumed or has been established under the
364	364	22 law of this or another jurisdiction or (ii) who has registered
365	365	23 with the Putative Father Registry in accordance with Section
366	366	24 12.1 of the Adoption Act and whose paternity has not been ruled
367	367	25 out under the law of this or another jurisdiction. It does not
368	368	26 include a parent whose rights in respect to the minor have been
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379	379	1 terminated in any manner provided by law. It does not include a
380	380	2 person who has been or could be determined to be a parent under
381	381	3 the Illinois Parentage Act of 1984 or the Illinois Parentage
382	382	4 Act of 2015, or similar parentage law in any other state, if
383	383	5 that person has been convicted of or pled nolo contendere to a
384	384	6 crime that resulted in the conception of the child under
385	385	7 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
386	386	8 12-14.1, subsection (a) or (b) (but not subsection (c)) of
387	387	9 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
388	388	10 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
389	389	11 Criminal Code of 1961 or the Criminal Code of 2012, or similar
390	390	12 statute in another jurisdiction unless upon motion of any
391	391	13 party, other than the offender, to the juvenile court
392	392	14 proceedings the court finds it is in the child's best interest
393	393	15 to deem the offender a parent for purposes of the juvenile
394	394	16 court proceedings.
395	395	17 (11.1) "Permanency goal" means a goal set by the court as
396	396	18 defined in subdivision (2) of Section 2-28.
397	397	19 (11.2) "Permanency hearing" means a hearing to set the
398	398	20 permanency goal and to review and determine (i) the
399	399	21 appropriateness of the services contained in the plan and
400	400	22 whether those services have been provided, (ii) whether active
401	401	23 reasonable efforts have been made by all the parties to the
402	402	24 service plan to achieve the goal, and (iii) whether the plan
403	403	25 and goal have been achieved.
404	404	26 (12) "Petition" means the petition provided for in Section
405	405
406	406
407	407
408	408
409	409
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411	411
412	412
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414	414	HB2885 - 11 - LRB103 26122 RLC 52478 b
415	415	1 2-13, 3-15, 4-12 or 5-520, including any supplemental
416	416	2 petitions thereunder in Section 3-15, 4-12 or 5-520.
417	417	3 (12.1) "Physically capable adult relative" means a person
418	418	4 21 years of age or older who does not have a severe physical
419	419	5 disability or medical condition, or is not suffering from
420	420	6 alcoholism or drug addiction, that prevents him or her from
421	421	7 providing the care necessary to safeguard the physical safety
422	422	8 and welfare of a minor who is left in that person's care by the
423	423	9 parent or parents or other person responsible for the minor's
424	424	10 welfare.
425	425	11 (12.2) "Post Permanency Sibling Contact Agreement" has the
426	426	12 meaning ascribed to the term in Section 7.4 of the Children and
427	427	13 Family Services Act.
428	428	14 (12.3) "Residential treatment center" means a licensed
429	429	15 setting that provides 24-hour care to children in a group home
430	430	16 or institution, including a facility licensed as a child care
431	431	17 institution under Section 2.06 of the Child Care Act of 1969, a
432	432	18 licensed group home under Section 2.16 of the Child Care Act of
433	433	19 1969, a secure child care facility as defined in paragraph
434	434	20 (18) of this Section, or any similar facility in another
435	435	21 state. "Residential treatment center" does not include a
436	436	22 relative foster home or a licensed foster family home.
437	437	23 (13) "Residual parental rights and responsibilities" means
438	438	24 those rights and responsibilities remaining with the parent
439	439	25 after the transfer of legal custody or guardianship of the
440	440	26 person, including, but not necessarily limited to, the right
441	441
442	442
443	443
444	444
445	445
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447	447
448	448
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450	450	HB2885 - 12 - LRB103 26122 RLC 52478 b
451	451	1 to reasonable visitation (which may be limited by the court in
452	452	2 the best interests of the minor as provided in subsection
453	453	3 (8)(b) of this Section), the right to consent to adoption, the
454	454	4 right to determine the minor's religious affiliation, and the
455	455	5 responsibility for his support.
456	456	6 (14) "Shelter" means the temporary care of a minor in
457	457	7 physically unrestricting facilities pending court disposition
458	458	8 or execution of court order for placement.
459	459	9 (14.05) "Shelter placement" means a temporary or emergency
460	460	10 placement for a minor, including an emergency foster home
461	461	11 placement.
462	462	12 (14.1) "Sibling Contact Support Plan" has the meaning
463	463	13 ascribed to the term in Section 7.4 of the Children and Family
464	464	14 Services Act.
465	465	15 (14.2) "Significant event report" means a written document
466	466	16 describing an occurrence or event beyond the customary
467	467	17 operations, routines, or relationships in the Department of
468	468	18 Children of Family Services, a child care facility, or other
469	469	19 entity that is licensed or regulated by the Department of
470	470	20 Children of Family Services or that provides services for the
471	471	21 Department of Children of Family Services under a grant,
472	472	22 contract, or purchase of service agreement; involving children
473	473	23 or youth, employees, foster parents, or relative caregivers;
474	474	24 allegations of abuse or neglect or any other incident raising
475	475	25 a concern about the well-being of a minor under the
476	476	26 jurisdiction of the court under Article II of the Juvenile
477	477
478	478
479	479
480	480
481	481
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483	483
484	484
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486	486	HB2885 - 13 - LRB103 26122 RLC 52478 b
487	487	1 Court Act; incidents involving damage to property, allegations
488	488	2 of criminal activity, misconduct, or other occurrences
489	489	3 affecting the operations of the Department of Children of
490	490	4 Family Services or a child care facility; any incident that
491	491	5 could have media impact; and unusual incidents as defined by
492	492	6 Department of Children and Family Services rule.
493	493	7 (15) "Station adjustment" means the informal handling of
494	494	8 an alleged offender by a juvenile police officer.
495	495	9 (16) "Ward of the court" means a minor who is so adjudged
496	496	10 under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
497	497	11 requisite jurisdictional facts, and thus is subject to the
498	498	12 dispositional powers of the court under this Act.
499	499	13 (17) "Juvenile police officer" means a sworn police
500	500	14 officer who has completed a Basic Recruit Training Course, has
501	501	15 been assigned to the position of juvenile police officer by
502	502	16 his or her chief law enforcement officer and has completed the
503	503	17 necessary juvenile officers training as prescribed by the
504	504	18 Illinois Law Enforcement Training Standards Board, or in the
505	505	19 case of a State police officer, juvenile officer training
506	506	20 approved by the Director of the Illinois State Police.
507	507	21 (18) "Secure child care facility" means any child care
508	508	22 facility licensed by the Department of Children and Family
509	509	23 Services to provide secure living arrangements for children
510	510	24 under 18 years of age who are subject to placement in
511	511	25 facilities under the Children and Family Services Act and who
512	512	26 are not subject to placement in facilities for whom standards
513	513
514	514
515	515
516	516
517	517
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519	519
520	520
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522	522	HB2885 - 14 - LRB103 26122 RLC 52478 b
523	523	1 are established by the Department of Corrections under Section
524	524	2 3-15-2 of the Unified Code of Corrections. "Secure child care
525	525	3 facility" also means a facility that is designed and operated
526	526	4 to ensure that all entrances and exits from the facility, a
527	527	5 building, or a distinct part of the building are under the
528	528	6 exclusive control of the staff of the facility, whether or not
529	529	7 the child has the freedom of movement within the perimeter of
530	530	8 the facility, building, or distinct part of the building.
531	531	9 (Source: P.A. 102-538, eff. 8-20-21.)
532	532	10 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
533	533	11 Sec. 2-10. Temporary custody hearing. At the appearance of
534	534	12 the minor before the court at the temporary custody hearing,
535	535	13 all witnesses present shall be examined before the court in
536	536	14 relation to any matter connected with the allegations made in
537	537	15 the petition.
538	538	16 (1) If the court finds that there is not probable cause to
539	539	17 believe that the minor is abused, neglected or dependent it
540	540	18 shall release the minor and dismiss the petition.
541	541	19 (2) If the court finds that there is probable cause to
542	542	20 believe that the minor is abused, neglected or dependent, the
543	543	21 court shall state in writing the factual basis supporting its
544	544	22 finding and the minor, his or her parent, guardian, custodian
545	545	23 and other persons able to give relevant testimony shall be
546	546	24 examined before the court. The Department of Children and
547	547	25 Family Services shall give testimony concerning indicated
548	548
549	549
550	550
551	551
552	552
553	553	HB2885 - 14 - LRB103 26122 RLC 52478 b
554	554
555	555
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557	557	HB2885 - 15 - LRB103 26122 RLC 52478 b
558	558	1 reports of abuse and neglect, of which they are aware through
559	559	2 the central registry, involving the minor's parent, guardian
560	560	3 or custodian. After such testimony, the court may, consistent
561	561	4 with the health, safety and best interests of the minor, enter
562	562	5 an order that the minor shall be released upon the request of
563	563	6 parent, guardian or custodian if the parent, guardian or
564	564	7 custodian appears to take custody. If it is determined that a
565	565	8 parent's, guardian's, or custodian's compliance with critical
566	566	9 services mitigates the necessity for removal of the minor from
567	567	10 his or her home, the court may enter an Order of Protection
568	568	11 setting forth reasonable conditions of behavior that a parent,
569	569	12 guardian, or custodian must observe for a specified period of
570	570	13 time, not to exceed 12 months, without a violation; provided,
571	571	14 however, that the 12-month period shall begin anew after any
572	572	15 violation. "Custodian" includes the Department of Children and
573	573	16 Family Services, if it has been given custody of the child, or
574	574	17 any other agency of the State which has been given custody or
575	575	18 wardship of the child. If it is consistent with the health,
576	576	19 safety and best interests of the minor, the court may also
577	577	20 prescribe shelter care and order that the minor be kept in a
578	578	21 suitable place designated by the court or in a shelter care
579	579	22 facility designated by the Department of Children and Family
580	580	23 Services or a licensed child welfare agency; however, on and
581	581	24 after January 1, 2015 (the effective date of Public Act
582	582	25 98-803) and before January 1, 2017, a minor charged with a
583	583	26 criminal offense under the Criminal Code of 1961 or the
584	584
585	585
586	586
587	587
588	588
589	589	HB2885 - 15 - LRB103 26122 RLC 52478 b
590	590
591	591
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593	593	HB2885 - 16 - LRB103 26122 RLC 52478 b
594	594	1 Criminal Code of 2012 or adjudicated delinquent shall not be
595	595	2 placed in the custody of or committed to the Department of
596	596	3 Children and Family Services by any court, except a minor less
597	597	4 than 16 years of age and committed to the Department of
598	598	5 Children and Family Services under Section 5-710 of this Act
599	599	6 or a minor for whom an independent basis of abuse, neglect, or
600	600	7 dependency exists; and on and after January 1, 2017, a minor
601	601	8 charged with a criminal offense under the Criminal Code of
602	602	9 1961 or the Criminal Code of 2012 or adjudicated delinquent
603	603	10 shall not be placed in the custody of or committed to the
604	604	11 Department of Children and Family Services by any court,
605	605	12 except a minor less than 15 years of age and committed to the
606	606	13 Department of Children and Family Services under Section 5-710
607	607	14 of this Act or a minor for whom an independent basis of abuse,
608	608	15 neglect, or dependency exists. An independent basis exists
609	609	16 when the allegations or adjudication of abuse, neglect, or
610	610	17 dependency do not arise from the same facts, incident, or
611	611	18 circumstances which give rise to a charge or adjudication of
612	612	19 delinquency.
613	613	20 In placing the minor, the Department or other agency
614	614	21 shall, to the extent compatible with the court's order, comply
615	615	22 with Section 7 of the Children and Family Services Act. In
616	616	23 determining the health, safety and best interests of the minor
617	617	24 to prescribe shelter care, the court must find that it is a
618	618	25 matter of immediate and urgent necessity for the safety and
619	619	26 protection of the minor or of the person or property of another
620	620
621	621
622	622
623	623
624	624
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626	626
627	627
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629	629	HB2885 - 17 - LRB103 26122 RLC 52478 b
630	630	1 that the minor be placed in a shelter care facility or that he
631	631	2 or she is likely to flee the jurisdiction of the court, and
632	632	3 must further find that active reasonable efforts have been
633	633	4 made or that, consistent with the health, safety and best
634	634	5 interests of the minor, no efforts reasonably can be made to
635	635	6 prevent or eliminate the necessity of removal of the minor
636	636	7 from his or her home. The court shall require documentation
637	637	8 from the Department of Children and Family Services as to the
638	638	9 active reasonable efforts that were made to prevent or
639	639	10 eliminate the necessity of removal of the minor from his or her
640	640	11 home or the reasons why no efforts reasonably could be made to
641	641	12 prevent or eliminate the necessity of removal. When a minor is
642	642	13 placed in the home of a relative, the Department of Children
643	643	14 and Family Services shall complete a preliminary background
644	644	15 review of the members of the minor's custodian's household in
645	645	16 accordance with Section 4.3 of the Child Care Act of 1969
646	646	17 within 90 days of that placement. If the minor is ordered
647	647	18 placed in a shelter care facility of the Department of
648	648	19 Children and Family Services or a licensed child welfare
649	649	20 agency, the court shall, upon request of the appropriate
650	650	21 Department or other agency, appoint the Department of Children
651	651	22 and Family Services Guardianship Administrator or other
652	652	23 appropriate agency executive temporary custodian of the minor
653	653	24 and the court may enter such other orders related to the
654	654	25 temporary custody as it deems fit and proper, including the
655	655	26 provision of services to the minor or his family to ameliorate
656	656
657	657
658	658
659	659
660	660
661	661	HB2885 - 17 - LRB103 26122 RLC 52478 b
662	662
663	663
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665	665	HB2885 - 18 - LRB103 26122 RLC 52478 b
666	666	1 the causes contributing to the finding of probable cause or to
667	667	2 the finding of the existence of immediate and urgent
668	668	3 necessity.
669	669	4 Where the Department of Children and Family Services
670	670	5 Guardianship Administrator is appointed as the executive
671	671	6 temporary custodian, the Department of Children and Family
672	672	7 Services shall file with the court and serve on the parties a
673	673	8 parent-child visiting plan, within 10 days, excluding weekends
674	674	9 and holidays, after the appointment. The parent-child visiting
675	675	10 plan shall set out the time and place of visits, the frequency
676	676	11 of visits, the length of visits, who shall be present at the
677	677	12 visits, and where appropriate, the minor's opportunities to
678	678	13 have telephone and mail communication with the parents.
679	679	14 Where the Department of Children and Family Services
680	680	15 Guardianship Administrator is appointed as the executive
681	681	16 temporary custodian, and when the child has siblings in care,
682	682	17 the Department of Children and Family Services shall file with
683	683	18 the court and serve on the parties a sibling placement and
684	684	19 contact plan within 10 days, excluding weekends and holidays,
685	685	20 after the appointment. The sibling placement and contact plan
686	686	21 shall set forth whether the siblings are placed together, and
687	687	22 if they are not placed together, what, if any, efforts are
688	688	23 being made to place them together. If the Department has
689	689	24 determined that it is not in a child's best interest to be
690	690	25 placed with a sibling, the Department shall document in the
691	691	26 sibling placement and contact plan the basis for its
692	692
693	693
694	694
695	695
696	696
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698	698
699	699
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701	701	HB2885 - 19 - LRB103 26122 RLC 52478 b
702	702	1 determination. For siblings placed separately, the sibling
703	703	2 placement and contact plan shall set the time and place for
704	704	3 visits, the frequency of the visits, the length of visits, who
705	705	4 shall be present for the visits, and where appropriate, the
706	706	5 child's opportunities to have contact with their siblings in
707	707	6 addition to in person contact. If the Department determines it
708	708	7 is not in the best interest of a sibling to have contact with a
709	709	8 sibling, the Department shall document in the sibling
710	710	9 placement and contact plan the basis for its determination.
711	711	10 The sibling placement and contact plan shall specify a date
712	712	11 for development of the Sibling Contact Support Plan, under
713	713	12 subsection (f) of Section 7.4 of the Children and Family
714	714	13 Services Act, and shall remain in effect until the Sibling
715	715	14 Contact Support Plan is developed.
716	716	15 For good cause, the court may waive the requirement to
717	717	16 file the parent-child visiting plan or the sibling placement
718	718	17 and contact plan, or extend the time for filing either plan.
719	719	18 Any party may, by motion, request the court to review the
720	720	19 parent-child visiting plan to determine whether it is
721	721	20 reasonably calculated to expeditiously facilitate the
722	722	21 achievement of the permanency goal. A party may, by motion,
723	723	22 request the court to review the parent-child visiting plan or
724	724	23 the sibling placement and contact plan to determine whether it
725	725	24 is consistent with the minor's best interest. The court may
726	726	25 refer the parties to mediation where available. The frequency,
727	727	26 duration, and locations of visitation shall be measured by the
728	728
729	729
730	730
731	731
732	732
733	733	HB2885 - 19 - LRB103 26122 RLC 52478 b
734	734
735	735
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737	737	HB2885 - 20 - LRB103 26122 RLC 52478 b
738	738	1 needs of the child and family, and not by the convenience of
739	739	2 Department personnel. Child development principles shall be
740	740	3 considered by the court in its analysis of how frequent
741	741	4 visitation should be, how long it should last, where it should
742	742	5 take place, and who should be present. If upon motion of the
743	743	6 party to review either plan and after receiving evidence, the
744	744	7 court determines that the parent-child visiting plan is not
745	745	8 reasonably calculated to expeditiously facilitate the
746	746	9 achievement of the permanency goal or that the restrictions
747	747	10 placed on parent-child contact or sibling placement or contact
748	748	11 are contrary to the child's best interests, the court shall
749	749	12 put in writing the factual basis supporting the determination
750	750	13 and enter specific findings based on the evidence. The court
751	751	14 shall enter an order for the Department to implement changes
752	752	15 to the parent-child visiting plan or sibling placement or
753	753	16 contact plan, consistent with the court's findings. At any
754	754	17 stage of proceeding, any party may by motion request the court
755	755	18 to enter any orders necessary to implement the parent-child
756	756	19 visiting plan, sibling placement or contact plan or
757	757	20 subsequently developed Sibling Contact Support Plan. Nothing
758	758	21 under this subsection (2) shall restrict the court from
759	759	22 granting discretionary authority to the Department to increase
760	760	23 opportunities for additional parent-child contacts or sibling
761	761	24 contacts, without further court orders. Nothing in this
762	762	25 subsection (2) shall restrict the Department from immediately
763	763	26 restricting or terminating parent-child contact or sibling
764	764
765	765
766	766
767	767
768	768
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770	770
771	771
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773	773	HB2885 - 21 - LRB103 26122 RLC 52478 b
774	774	1 contacts, without either amending the parent-child visiting
775	775	2 plan or the sibling contact plan or obtaining a court order,
776	776	3 where the Department or its assigns reasonably believe there
777	777	4 is an immediate need to protect the child's health, safety,
778	778	5 and welfare. Such restrictions or terminations must be based
779	779	6 on available facts to the Department and its assigns when
780	780	7 viewed in light of the surrounding circumstances and shall
781	781	8 only occur on an individual case-by-case basis. The Department
782	782	9 shall file with the court and serve on the parties any
783	783	10 amendments to the plan within 10 days, excluding weekends and
784	784	11 holidays, of the change of the visitation.
785	785	12 Acceptance of services shall not be considered an
786	786	13 admission of any allegation in a petition made pursuant to
787	787	14 this Act, nor may a referral of services be considered as
788	788	15 evidence in any proceeding pursuant to this Act, except where
789	789	16 the issue is whether the Department has made active reasonable
790	790	17 efforts to reunite the family. In making its findings that it
791	791	18 is consistent with the health, safety and best interests of
792	792	19 the minor to prescribe shelter care, the court shall state in
793	793	20 writing (i) the factual basis supporting its findings
794	794	21 concerning the immediate and urgent necessity for the
795	795	22 protection of the minor or of the person or property of another
796	796	23 and (ii) the factual basis supporting its findings that active
797	797	24 reasonable efforts were made to prevent or eliminate the
798	798	25 removal of the minor from his or her home or that no efforts
799	799	26 reasonably could be made to prevent or eliminate the removal
800	800
801	801
802	802
803	803
804	804
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806	806
807	807
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810	810	1 of the minor from his or her home. The parents, guardian,
811	811	2 custodian, temporary custodian and minor shall each be
812	812	3 furnished a copy of such written findings. The temporary
813	813	4 custodian shall maintain a copy of the court order and written
814	814	5 findings in the case record for the child. The order together
815	815	6 with the court's findings of fact in support thereof shall be
816	816	7 entered of record in the court.
817	817	8 Once the court finds that it is a matter of immediate and
818	818	9 urgent necessity for the protection of the minor that the
819	819	10 minor be placed in a shelter care facility, the minor shall not
820	820	11 be returned to the parent, custodian or guardian until the
821	821	12 court finds that such placement is no longer necessary for the
822	822	13 protection of the minor.
823	823	14 If the child is placed in the temporary custody of the
824	824	15 Department of Children and Family Services for his or her
825	825	16 protection, the court shall admonish the parents, guardian,
826	826	17 custodian or responsible relative that the parents must
827	827	18 cooperate with the Department of Children and Family Services,
828	828	19 comply with the terms of the service plans, and correct the
829	829	20 conditions which require the child to be in care, or risk
830	830	21 termination of their parental rights. The court shall ensure,
831	831	22 by inquiring in open court of each parent, guardian, custodian
832	832	23 or responsible relative, that the parent, guardian, custodian
833	833	24 or responsible relative has had the opportunity to provide the
834	834	25 Department with all known names, addresses, and telephone
835	835	26 numbers of each of the minor's living maternal and paternal
836	836
837	837
838	838
839	839
840	840
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842	842
843	843
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845	845	HB2885 - 23 - LRB103 26122 RLC 52478 b
846	846	1 adult relatives, including, but not limited to, grandparents,
847	847	2 aunts, uncles, and siblings. The court shall advise the
848	848	3 parents, guardian, custodian or responsible relative to inform
849	849	4 the Department if additional information regarding the minor's
850	850	5 adult relatives becomes available.
851	851	6 (3) If prior to the shelter care hearing for a minor
852	852	7 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
853	853	8 unable to serve notice on the party respondent, the shelter
854	854	9 care hearing may proceed ex parte. A shelter care order from an
855	855	10 ex parte hearing shall be endorsed with the date and hour of
856	856	11 issuance and shall be filed with the clerk's office and
857	857	12 entered of record. The order shall expire after 10 days from
858	858	13 the time it is issued unless before its expiration it is
859	859	14 renewed, at a hearing upon appearance of the party respondent,
860	860	15 or upon an affidavit of the moving party as to all diligent
861	861	16 efforts to notify the party respondent by notice as herein
862	862	17 prescribed. The notice prescribed shall be in writing and
863	863	18 shall be personally delivered to the minor or the minor's
864	864	19 attorney and to the last known address of the other person or
865	865	20 persons entitled to notice. The notice shall also state the
866	866	21 nature of the allegations, the nature of the order sought by
867	867	22 the State, including whether temporary custody is sought, and
868	868	23 the consequences of failure to appear and shall contain a
869	869	24 notice that the parties will not be entitled to further
870	870	25 written notices or publication notices of proceedings in this
871	871	26 case, including the filing of an amended petition or a motion
872	872
873	873
874	874
875	875
876	876
877	877	HB2885 - 23 - LRB103 26122 RLC 52478 b
878	878
879	879
880	880	HB2885- 24 -LRB103 26122 RLC 52478 b HB2885 - 24 - LRB103 26122 RLC 52478 b
881	881	HB2885 - 24 - LRB103 26122 RLC 52478 b
882	882	1 to terminate parental rights, except as required by Supreme
883	883	2 Court Rule 11; and shall explain the right of the parties and
884	884	3 the procedures to vacate or modify a shelter care order as
885	885	4 provided in this Section. The notice for a shelter care
886	886	5 hearing shall be substantially as follows:
887	887	6 NOTICE TO PARENTS AND CHILDREN
888	888	7 OF SHELTER CARE HEARING
889	889	8 On ................ at ........., before the Honorable
890	890	9 ................, (address:) ................., the State
891	891	10 of Illinois will present evidence (1) that (name of child
892	892	11 or children) ....................... are abused, neglected
893	893	12 or dependent for the following reasons:
894	894	13 .............................................. and (2)
895	895	14 whether there is "immediate and urgent necessity" to
896	896	15 remove the child or children from the responsible
897	897	16 relative.
898	898	17 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
899	899	18 PLACEMENT of the child or children in foster care until a
900	900	19 trial can be held. A trial may not be held for up to 90
901	901	20 days. You will not be entitled to further notices of
902	902	21 proceedings in this case, including the filing of an
903	903	22 amended petition or a motion to terminate parental rights.
904	904	23 At the shelter care hearing, parents have the
905	905	24 following rights:
906	906	25 1. To ask the court to appoint a lawyer if they
907	907	26 cannot afford one.
908	908
909	909
910	910
911	911
912	912
913	913	HB2885 - 24 - LRB103 26122 RLC 52478 b
914	914
915	915
916	916	HB2885- 25 -LRB103 26122 RLC 52478 b HB2885 - 25 - LRB103 26122 RLC 52478 b
917	917	HB2885 - 25 - LRB103 26122 RLC 52478 b
918	918	1 2. To ask the court to continue the hearing to
919	919	2 allow them time to prepare.
920	920	3 3. To present evidence concerning:
921	921	4 a. Whether or not the child or children were
922	922	5 abused, neglected or dependent.
923	923	6 b. Whether or not there is "immediate and
924	924	7 urgent necessity" to remove the child from home
925	925	8 (including: their ability to care for the child,
926	926	9 conditions in the home, alternative means of
927	927	10 protecting the child other than removal).
928	928	11 c. The best interests of the child.
929	929	12 4. To cross examine the State's witnesses.
930	930	13 The Notice for rehearings shall be substantially as
931	931	14 follows:
932	932	15 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
933	933	16 TO REHEARING ON TEMPORARY CUSTODY
934	934	17 If you were not present at and did not have adequate
935	935	18 notice of the Shelter Care Hearing at which temporary
936	936	19 custody of ............... was awarded to
937	937	20 ................, you have the right to request a full
938	938	21 rehearing on whether the State should have temporary
939	939	22 custody of ................. To request this rehearing,
940	940	23 you must file with the Clerk of the Juvenile Court
941	941	24 (address): ........................, in person or by
942	942	25 mailing a statement (affidavit) setting forth the
943	943
944	944
945	945
946	946
947	947
948	948	HB2885 - 25 - LRB103 26122 RLC 52478 b
949	949
950	950
951	951	HB2885- 26 -LRB103 26122 RLC 52478 b HB2885 - 26 - LRB103 26122 RLC 52478 b
952	952	HB2885 - 26 - LRB103 26122 RLC 52478 b
953	953	1 following:
954	954	2 1. That you were not present at the shelter care
955	955	3 hearing.
956	956	4 2. That you did not get adequate notice
957	957	5 (explaining how the notice was inadequate).
958	958	6 3. Your signature.
959	959	7 4. Signature must be notarized.
960	960	8 The rehearing should be scheduled within 48 hours of
961	961	9 your filing this affidavit.
962	962	10 At the rehearing, your rights are the same as at the
963	963	11 initial shelter care hearing. The enclosed notice explains
964	964	12 those rights.
965	965	13 At the Shelter Care Hearing, children have the
966	966	14 following rights:
967	967	15 1. To have a guardian ad litem appointed.
968	968	16 2. To be declared competent as a witness and to
969	969	17 present testimony concerning:
970	970	18 a. Whether they are abused, neglected or
971	971	19 dependent.
972	972	20 b. Whether there is "immediate and urgent
973	973	21 necessity" to be removed from home.
974	974	22 c. Their best interests.
975	975	23 3. To cross examine witnesses for other parties.
976	976	24 4. To obtain an explanation of any proceedings and
977	977	25 orders of the court.
978	978	26 (4) If the parent, guardian, legal custodian, responsible
979	979
980	980
981	981
982	982
983	983
984	984	HB2885 - 26 - LRB103 26122 RLC 52478 b
985	985
986	986
987	987	HB2885- 27 -LRB103 26122 RLC 52478 b HB2885 - 27 - LRB103 26122 RLC 52478 b
988	988	HB2885 - 27 - LRB103 26122 RLC 52478 b
989	989	1 relative, minor age 8 or over, or counsel of the minor did not
990	990	2 have actual notice of or was not present at the shelter care
991	991	3 hearing, he or she may file an affidavit setting forth these
992	992	4 facts, and the clerk shall set the matter for rehearing not
993	993	5 later than 48 hours, excluding Sundays and legal holidays,
994	994	6 after the filing of the affidavit. At the rehearing, the court
995	995	7 shall proceed in the same manner as upon the original hearing.
996	996	8 (5) Only when there is reasonable cause to believe that
997	997	9 the minor taken into custody is a person described in
998	998	10 subsection (3) of Section 5-105 may the minor be kept or
999	999	11 detained in a detention home or county or municipal jail. This
1000	1000	12 Section shall in no way be construed to limit subsection (6).
1001	1001	13 (6) No minor under 16 years of age may be confined in a
1002	1002	14 jail or place ordinarily used for the confinement of prisoners
1003	1003	15 in a police station. Minors under 18 years of age must be kept
1004	1004	16 separate from confined adults and may not at any time be kept
1005	1005	17 in the same cell, room, or yard with adults confined pursuant
1006	1006	18 to the criminal law.
1007	1007	19 (7) If the minor is not brought before a judicial officer
1008	1008	20 within the time period as specified in Section 2-9, the minor
1009	1009	21 must immediately be released from custody.
1010	1010	22 (8) If neither the parent, guardian or custodian appears
1011	1011	23 within 24 hours to take custody of a minor released upon
1012	1012	24 request pursuant to subsection (2) of this Section, then the
1013	1013	25 clerk of the court shall set the matter for rehearing not later
1014	1014	26 than 7 days after the original order and shall issue a summons
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020	HB2885 - 27 - LRB103 26122 RLC 52478 b
1021	1021
1022	1022
1023	1023	HB2885- 28 -LRB103 26122 RLC 52478 b HB2885 - 28 - LRB103 26122 RLC 52478 b
1024	1024	HB2885 - 28 - LRB103 26122 RLC 52478 b
1025	1025	1 directed to the parent, guardian or custodian to appear. At
1026	1026	2 the same time the probation department shall prepare a report
1027	1027	3 on the minor. If a parent, guardian or custodian does not
1028	1028	4 appear at such rehearing, the judge may enter an order
1029	1029	5 prescribing that the minor be kept in a suitable place
1030	1030	6 designated by the Department of Children and Family Services
1031	1031	7 or a licensed child welfare agency.
1032	1032	8 (9) Notwithstanding any other provision of this Section
1033	1033	9 any interested party, including the State, the temporary
1034	1034	10 custodian, an agency providing services to the minor or family
1035	1035	11 under a service plan pursuant to Section 8.2 of the Abused and
1036	1036	12 Neglected Child Reporting Act, foster parent, or any of their
1037	1037	13 representatives, on notice to all parties entitled to notice,
1038	1038	14 may file a motion that it is in the best interests of the minor
1039	1039	15 to modify or vacate a temporary custody order on any of the
1040	1040	16 following grounds:
1041	1041	17 (a) It is no longer a matter of immediate and urgent
1042	1042	18 necessity that the minor remain in shelter care; or
1043	1043	19 (b) There is a material change in the circumstances of
1044	1044	20 the natural family from which the minor was removed and
1045	1045	21 the child can be cared for at home without endangering the
1046	1046	22 child's health or safety; or
1047	1047	23 (c) A person not a party to the alleged abuse, neglect
1048	1048	24 or dependency, including a parent, relative or legal
1049	1049	25 guardian, is capable of assuming temporary custody of the
1050	1050	26 minor; or
1051	1051
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056	HB2885 - 28 - LRB103 26122 RLC 52478 b
1057	1057
1058	1058
1059	1059	HB2885- 29 -LRB103 26122 RLC 52478 b HB2885 - 29 - LRB103 26122 RLC 52478 b
1060	1060	HB2885 - 29 - LRB103 26122 RLC 52478 b
1061	1061	1 (d) Services provided by the Department of Children
1062	1062	2 and Family Services or a child welfare agency or other
1063	1063	3 service provider have been successful in eliminating the
1064	1064	4 need for temporary custody and the child can be cared for
1065	1065	5 at home without endangering the child's health or safety.
1066	1066	6 In ruling on the motion, the court shall determine whether
1067	1067	7 it is consistent with the health, safety and best interests of
1068	1068	8 the minor to modify or vacate a temporary custody order. If the
1069	1069	9 minor is being restored to the custody of a parent, legal
1070	1070	10 custodian, or guardian who lives outside of Illinois, and an
1071	1071	11 Interstate Compact has been requested and refused, the court
1072	1072	12 may order the Department of Children and Family Services to
1073	1073	13 arrange for an assessment of the minor's proposed living
1074	1074	14 arrangement and for ongoing monitoring of the health, safety,
1075	1075	15 and best interest of the minor and compliance with any order of
1076	1076	16 protective supervision entered in accordance with Section 2-20
1077	1077	17 or 2-25.
1078	1078	18 The clerk shall set the matter for hearing not later than
1079	1079	19 14 days after such motion is filed. In the event that the court
1080	1080	20 modifies or vacates a temporary custody order but does not
1081	1081	21 vacate its finding of probable cause, the court may order that
1082	1082	22 appropriate services be continued or initiated in behalf of
1083	1083	23 the minor and his or her family.
1084	1084	24 (10) When the court finds or has found that there is
1085	1085	25 probable cause to believe a minor is an abused minor as
1086	1086	26 described in subsection (2) of Section 2-3 and that there is an
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092	HB2885 - 29 - LRB103 26122 RLC 52478 b
1093	1093
1094	1094
1095	1095	HB2885- 30 -LRB103 26122 RLC 52478 b HB2885 - 30 - LRB103 26122 RLC 52478 b
1096	1096	HB2885 - 30 - LRB103 26122 RLC 52478 b
1097	1097	1 immediate and urgent necessity for the abused minor to be
1098	1098	2 placed in shelter care, immediate and urgent necessity shall
1099	1099	3 be presumed for any other minor residing in the same household
1100	1100	4 as the abused minor provided:
1101	1101	5 (a) Such other minor is the subject of an abuse or
1102	1102	6 neglect petition pending before the court; and
1103	1103	7 (b) A party to the petition is seeking shelter care
1104	1104	8 for such other minor.
1105	1105	9 Once the presumption of immediate and urgent necessity has
1106	1106	10 been raised, the burden of demonstrating the lack of immediate
1107	1107	11 and urgent necessity shall be on any party that is opposing
1108	1108	12 shelter care for the other minor.
1109	1109	13 (11) The changes made to this Section by Public Act 98-61
1110	1110	14 apply to a minor who has been arrested or taken into custody on
1111	1111	15 or after January 1, 2014 (the effective date of Public Act
1112	1112	16 98-61).
1113	1113	17 (12) After the court has placed a minor in the care of a
1114	1114	18 temporary custodian pursuant to this Section, any party may
1115	1115	19 file a motion requesting the court to grant the temporary
1116	1116	20 custodian the authority to serve as a surrogate decision maker
1117	1117	21 for the minor under the Health Care Surrogate Act for purposes
1118	1118	22 of making decisions pursuant to paragraph (1) of subsection
1119	1119	23 (b) of Section 20 of the Health Care Surrogate Act. The court
1120	1120	24 may grant the motion if it determines by clear and convincing
1121	1121	25 evidence that it is in the best interests of the minor to grant
1122	1122	26 the temporary custodian such authority. In making its
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	HB2885 - 30 - LRB103 26122 RLC 52478 b
1129	1129
1130	1130
1131	1131	HB2885- 31 -LRB103 26122 RLC 52478 b HB2885 - 31 - LRB103 26122 RLC 52478 b
1132	1132	HB2885 - 31 - LRB103 26122 RLC 52478 b
1133	1133	1 determination, the court shall weigh the following factors in
1134	1134	2 addition to considering the best interests factors listed in
1135	1135	3 subsection (4.05) of Section 1-3 of this Act:
1136	1136	4 (a) the efforts to identify and locate the respondents
1137	1137	5 and adult family members of the minor and the results of
1138	1138	6 those efforts;
1139	1139	7 (b) the efforts to engage the respondents and adult
1140	1140	8 family members of the minor in decision making on behalf
1141	1141	9 of the minor;
1142	1142	10 (c) the length of time the efforts in paragraphs (a)
1143	1143	11 and (b) have been ongoing;
1144	1144	12 (d) the relationship between the respondents and adult
1145	1145	13 family members and the minor;
1146	1146	14 (e) medical testimony regarding the extent to which
1147	1147	15 the minor is suffering and the impact of a delay in
1148	1148	16 decision-making on the minor; and
1149	1149	17 (f) any other factor the court deems relevant.
1150	1150	18 If the Department of Children and Family Services is the
1151	1151	19 temporary custodian of the minor, in addition to the
1152	1152	20 requirements of paragraph (1) of subsection (b) of Section 20
1153	1153	21 of the Health Care Surrogate Act, the Department shall follow
1154	1154	22 its rules and procedures in exercising authority granted under
1155	1155	23 this subsection.
1156	1156	24 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1157	1157	25 102-813, eff. 5-13-22.)
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	HB2885 - 31 - LRB103 26122 RLC 52478 b
1164	1164
1165	1165
1166	1166	HB2885- 32 -LRB103 26122 RLC 52478 b HB2885 - 32 - LRB103 26122 RLC 52478 b
1167	1167	HB2885 - 32 - LRB103 26122 RLC 52478 b
1168	1168	1 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
1169	1169	2 Sec. 2-13. Petition.
1170	1170	3 (1) Any adult person, any agency or association by its
1171	1171	4 representative may file, or the court on its own motion,
1172	1172	5 consistent with the health, safety and best interests of the
1173	1173	6 minor may direct the filing through the State's Attorney of a
1174	1174	7 petition in respect of a minor under this Act. The petition and
1175	1175	8 all subsequent court documents shall be entitled "In the
1176	1176	9 interest of ...., a minor".
1177	1177	10 (2) The petition shall be verified but the statements may
1178	1178	11 be made upon information and belief. It shall allege that the
1179	1179	12 minor is abused, neglected, or dependent, with citations to
1180	1180	13 the appropriate provisions of this Act, and set forth (a)
1181	1181	14 facts sufficient to bring the minor under Section 2-3 or 2-4
1182	1182	15 and to inform respondents of the cause of action, including,
1183	1183	16 but not limited to, a plain and concise statement of the
1184	1184	17 factual allegations that form the basis for the filing of the
1185	1185	18 petition; (b) the name, age and residence of the minor; (c) the
1186	1186	19 names and residences of his parents; (d) the name and
1187	1187	20 residence of his legal guardian or the person or persons
1188	1188	21 having custody or control of the minor, or of the nearest known
1189	1189	22 relative if no parent or guardian can be found; and (e) if the
1190	1190	23 minor upon whose behalf the petition is brought is sheltered
1191	1191	24 in custody, the date on which such temporary custody was
1192	1192	25 ordered by the court or the date set for a temporary custody
1193	1193	26 hearing. If any of the facts herein required are not known by
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	HB2885 - 32 - LRB103 26122 RLC 52478 b
1200	1200
1201	1201
1202	1202	HB2885- 33 -LRB103 26122 RLC 52478 b HB2885 - 33 - LRB103 26122 RLC 52478 b
1203	1203	HB2885 - 33 - LRB103 26122 RLC 52478 b
1204	1204	1 the petitioner, the petition shall so state.
1205	1205	2 (3) The petition must allege that it is in the best
1206	1206	3 interests of the minor and of the public that he be adjudged a
1207	1207	4 ward of the court and may pray generally for relief available
1208	1208	5 under this Act. The petition need not specify any proposed
1209	1209	6 disposition following adjudication of wardship. The petition
1210	1210	7 may request that the minor remain in the custody of the parent,
1211	1211	8 guardian, or custodian under an Order of Protection.
1212	1212	9 (4) If termination of parental rights and appointment of a
1213	1213	10 guardian of the person with power to consent to adoption of the
1214	1214	11 minor under Section 2-29 is sought, the petition shall so
1215	1215	12 state. If the petition includes this request, the prayer for
1216	1216	13 relief shall clearly and obviously state that the parents
1217	1217	14 could permanently lose their rights as a parent at this
1218	1218	15 hearing.
1219	1219	16 In addition to the foregoing, the petitioner, by motion,
1220	1220	17 may request the termination of parental rights and appointment
1221	1221	18 of a guardian of the person with power to consent to adoption
1222	1222	19 of the minor under Section 2-29 at any time after the entry of
1223	1223	20 a dispositional order under Section 2-22.
1224	1224	21 (4.5) (a) Unless good cause exists that filing a petition
1225	1225	22 to terminate parental rights is contrary to the child's best
1226	1226	23 interests, with respect to any minors committed to its care
1227	1227	24 pursuant to this Act, the Department of Children and Family
1228	1228	25 Services shall request the State's Attorney to file a petition
1229	1229	26 or motion for termination of parental rights and appointment
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	HB2885 - 33 - LRB103 26122 RLC 52478 b
1236	1236
1237	1237
1238	1238	HB2885- 34 -LRB103 26122 RLC 52478 b HB2885 - 34 - LRB103 26122 RLC 52478 b
1239	1239	HB2885 - 34 - LRB103 26122 RLC 52478 b
1240	1240	1 of guardian of the person with power to consent to adoption of
1241	1241	2 the minor under Section 2-29 if:
1242	1242	3 (i) a minor has been in foster care, as described in
1243	1243	4 subsection (b), for 15 months of the most recent 22
1244	1244	5 months; or
1245	1245	6 (ii) a minor under the age of 2 years has been
1246	1246	7 previously determined to be abandoned at an adjudicatory
1247	1247	8 hearing; or
1248	1248	9 (iii) the parent is criminally convicted of:
1249	1249	10 (A) first degree murder or second degree murder of
1250	1250	11 any child;
1251	1251	12 (B) attempt or conspiracy to commit first degree
1252	1252	13 murder or second degree murder of any child;
1253	1253	14 (C) solicitation to commit murder of any child,
1254	1254	15 solicitation to commit murder for hire of any child,
1255	1255	16 or solicitation to commit second degree murder of any
1256	1256	17 child;
1257	1257	18 (D) aggravated battery, aggravated battery of a
1258	1258	19 child, or felony domestic battery, any of which has
1259	1259	20 resulted in serious injury to the minor or a sibling of
1260	1260	21 the minor;
1261	1261	22 (E) predatory criminal sexual assault of a child;
1262	1262	23 (E-5) aggravated criminal sexual assault;
1263	1263	24 (E-10) criminal sexual abuse in violation of
1264	1264	25 subsection (a) of Section 11-1.50 of the Criminal Code
1265	1265	26 of 1961 or the Criminal Code of 2012;
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	HB2885 - 34 - LRB103 26122 RLC 52478 b
1272	1272
1273	1273
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1275	1275	HB2885 - 35 - LRB103 26122 RLC 52478 b
1276	1276	1 (E-15) sexual exploitation of a child;
1277	1277	2 (E-20) permitting sexual abuse of a child;
1278	1278	3 (E-25) criminal sexual assault; or
1279	1279	4 (F) an offense in any other state the elements of
1280	1280	5 which are similar and bear a substantial relationship
1281	1281	6 to any of the foregoing offenses.
1282	1282	7 (a-1) For purposes of this subsection (4.5), good cause
1283	1283	8 exists in the following circumstances:
1284	1284	9 (i) the child is being cared for by a relative,
1285	1285	10 (ii) the Department has documented in the case plan a
1286	1286	11 compelling reason for determining that filing such
1287	1287	12 petition would not be in the best interests of the child,
1288	1288	13 (iii) the court has found within the preceding 12
1289	1289	14 months that the Department has failed to make active
1290	1290	15 reasonable efforts to reunify the child and family, or
1291	1291	16 (iv) the parent is incarcerated, or the parent's prior
1292	1292	17 incarceration is a significant factor in why the child has
1293	1293	18 been in foster care for 15 months out of any 22-month
1294	1294	19 period, the parent maintains a meaningful role in the
1295	1295	20 child's life, and the Department has not documented
1296	1296	21 another reason why it would otherwise be appropriate to
1297	1297	22 file a petition to terminate parental rights pursuant to
1298	1298	23 this Section and the Adoption Act. The assessment of
1299	1299	24 whether an incarcerated parent maintains a meaningful role
1300	1300	25 in the child's life may include consideration of the
1301	1301	26 following:
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307	HB2885 - 35 - LRB103 26122 RLC 52478 b
1308	1308
1309	1309
1310	1310	HB2885- 36 -LRB103 26122 RLC 52478 b HB2885 - 36 - LRB103 26122 RLC 52478 b
1311	1311	HB2885 - 36 - LRB103 26122 RLC 52478 b
1312	1312	1 (A) the child's best interest;
1313	1313	2 (B) the parent's expressions or acts of
1314	1314	3 manifesting concern for the child, such as letters,
1315	1315	4 telephone calls, visits, and other forms of
1316	1316	5 communication with the child and the impact of the
1317	1317	6 communication on the child;
1318	1318	7 (C) the parent's efforts to communicate with and
1319	1319	8 work with the Department for the purpose of complying
1320	1320	9 with the service plan and repairing, maintaining, or
1321	1321	10 building the parent-child relationship; or
1322	1322	11 (D) limitations in the parent's access to family
1323	1323	12 support programs, therapeutic services, visiting
1324	1324	13 opportunities, telephone and mail services, and
1325	1325	14 meaningful participation in court proceedings.
1326	1326	15 (b) For purposes of this subsection, the date of entering
1327	1327	16 foster care is defined as the earlier of:
1328	1328	17 (1) The date of a judicial finding at an adjudicatory
1329	1329	18 hearing that the child is an abused, neglected, or
1330	1330	19 dependent minor; or
1331	1331	20 (2) 60 days after the date on which the child is
1332	1332	21 removed from his or her parent, guardian, or legal
1333	1333	22 custodian.
1334	1334	23 (c) (Blank).
1335	1335	24 (d) (Blank).
1336	1336	25 (5) The court shall liberally allow the petitioner to
1337	1337	26 amend the petition to set forth a cause of action or to add,
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343	HB2885 - 36 - LRB103 26122 RLC 52478 b
1344	1344
1345	1345
1346	1346	HB2885- 37 -LRB103 26122 RLC 52478 b HB2885 - 37 - LRB103 26122 RLC 52478 b
1347	1347	HB2885 - 37 - LRB103 26122 RLC 52478 b
1348	1348	1 amend, or supplement factual allegations that form the basis
1349	1349	2 for a cause of action up until 14 days before the adjudicatory
1350	1350	3 hearing. The petitioner may amend the petition after that date
1351	1351	4 and prior to the adjudicatory hearing if the court grants
1352	1352	5 leave to amend upon a showing of good cause. The court may
1353	1353	6 allow amendment of the petition to conform with the evidence
1354	1354	7 at any time prior to ruling. In all cases in which the court
1355	1355	8 has granted leave to amend based on new evidence or new
1356	1356	9 allegations, the court shall permit the respondent an adequate
1357	1357	10 opportunity to prepare a defense to the amended petition.
1358	1358	11 (6) At any time before dismissal of the petition or before
1359	1359	12 final closing and discharge under Section 2-31, one or more
1360	1360	13 motions in the best interests of the minor may be filed. The
1361	1361	14 motion shall specify sufficient facts in support of the relief
1362	1362	15 requested.
1363	1363	16 (Source: P.A. 101-529, eff. 1-1-20.)
1364	1364	17 (705 ILCS 405/2-13.1)
1365	1365	18 Sec. 2-13.1. Early termination of active reasonable
1366	1366	19 efforts.
1367	1367	20 (1) (a) In conjunction with, or at any time subsequent to,
1368	1368	21 the filing of a petition on behalf of a minor in accordance
1369	1369	22 with Section 2-13 of this Act, the State's Attorney, the
1370	1370	23 guardian ad litem, or the Department of Children and Family
1371	1371	24 Services may file a motion requesting a finding that active
1372	1372	25 reasonable efforts to reunify that minor with his or her
1373	1373
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378	HB2885 - 37 - LRB103 26122 RLC 52478 b
1379	1379
1380	1380
1381	1381	HB2885- 38 -LRB103 26122 RLC 52478 b HB2885 - 38 - LRB103 26122 RLC 52478 b
1382	1382	HB2885 - 38 - LRB103 26122 RLC 52478 b
1383	1383	1 parent or parents are no longer required and are to cease.
1384	1384	2 (b) The court shall grant this motion with respect to a
1385	1385	3 parent of the minor if the court finds after a hearing that the
1386	1386	4 parent has:
1387	1387	5 (i) had his or her parental rights to another child of
1388	1388	6 the parent involuntarily terminated; or
1389	1389	7 (ii) been convicted of:
1390	1390	8 (A) first degree or second degree murder of
1391	1391	9 another child of the parent;
1392	1392	10 (B) attempt or conspiracy to commit first degree
1393	1393	11 or second degree murder of another child of the
1394	1394	12 parent;
1395	1395	13 (C) solicitation to commit murder of another child
1396	1396	14 of the parent, solicitation to commit murder for hire
1397	1397	15 of another child of the parent, or solicitation to
1398	1398	16 commit second degree murder of another child of the
1399	1399	17 parent;
1400	1400	18 (D) aggravated battery, aggravated battery of a
1401	1401	19 child, or felony domestic battery, any of which has
1402	1402	20 resulted in serious bodily injury to the minor or
1403	1403	21 another child of the parent; or
1404	1404	22 (E) an offense in any other state the elements of
1405	1405	23 which are similar and bear substantial relationship to
1406	1406	24 any of the foregoing offenses
1407	1407	25 unless the court sets forth in writing a compelling reason why
1408	1408	26 terminating active reasonable efforts to reunify the minor
1409	1409
1410	1410
1411	1411
1412	1412
1413	1413
1414	1414	HB2885 - 38 - LRB103 26122 RLC 52478 b
1415	1415
1416	1416
1417	1417	HB2885- 39 -LRB103 26122 RLC 52478 b HB2885 - 39 - LRB103 26122 RLC 52478 b
1418	1418	HB2885 - 39 - LRB103 26122 RLC 52478 b
1419	1419	1 with the parent would not be in the best interests of that
1420	1420	2 minor.
1421	1421	3 (c) The court shall also grant this motion with respect to
1422	1422	4 a parent of the minor if:
1423	1423	5 (i) after a hearing it determines that further
1424	1424	6 reunification services would no longer be appropriate, and
1425	1425	7 (ii) a dispositional hearing has already taken place.
1426	1426	8 (2) (a) The court shall hold a permanency hearing within
1427	1427	9 30 days of granting a motion pursuant to this subsection. If an
1428	1428	10 adjudicatory or a dispositional hearing, or both, has not
1429	1429	11 taken place when the court grants a motion pursuant to this
1430	1430	12 Section, then either or both hearings shall be held as needed
1431	1431	13 so that both take place on or before the date a permanency
1432	1432	14 hearing is held pursuant to this subsection.
1433	1433	15 (b) Following a permanency hearing held pursuant to
1434	1434	16 paragraph (a) of this subsection, the appointed custodian or
1435	1435	17 guardian of the minor shall make active reasonable efforts to
1436	1436	18 place the child in accordance with the permanency plan and
1437	1437	19 goal set by the court, and to complete the necessary steps to
1438	1438	20 locate and finalize a permanent placement.
1439	1439	21 (Source: P.A. 90-608, eff. 6-30-98.)
1440	1440	22 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
1441	1441	23 Sec. 2-21. Findings and adjudication.
1442	1442	24 (1) The court shall state for the record the manner in
1443	1443	25 which the parties received service of process and shall note
1444	1444
1445	1445
1446	1446
1447	1447
1448	1448
1449	1449	HB2885 - 39 - LRB103 26122 RLC 52478 b
1450	1450
1451	1451
1452	1452	HB2885- 40 -LRB103 26122 RLC 52478 b HB2885 - 40 - LRB103 26122 RLC 52478 b
1453	1453	HB2885 - 40 - LRB103 26122 RLC 52478 b
1454	1454	1 whether the return or returns of service, postal return
1455	1455	2 receipt or receipts for notice by certified mail, or
1456	1456	3 certificate or certificates of publication have been filed in
1457	1457	4 the court record. The court shall enter any appropriate orders
1458	1458	5 of default against any parent who has been properly served in
1459	1459	6 any manner and fails to appear.
1460	1460	7 No further service of process as defined in Sections 2-15
1461	1461	8 and 2-16 is required in any subsequent proceeding for a parent
1462	1462	9 who was properly served in any manner, except as required by
1463	1463	10 Supreme Court Rule 11.
1464	1464	11 The caseworker shall testify about the diligent search
1465	1465	12 conducted for the parent.
1466	1466	13 After hearing the evidence the court shall determine
1467	1467	14 whether or not the minor is abused, neglected, or dependent.
1468	1468	15 If it finds that the minor is not such a person, the court
1469	1469	16 shall order the petition dismissed and the minor discharged.
1470	1470	17 The court's determination of whether the minor is abused,
1471	1471	18 neglected, or dependent shall be stated in writing with the
1472	1472	19 factual basis supporting that determination.
1473	1473	20 If the court finds that the minor is abused, neglected, or
1474	1474	21 dependent, the court shall then determine and put in writing
1475	1475	22 the factual basis supporting that determination, and specify,
1476	1476	23 to the extent possible, the acts or omissions or both of each
1477	1477	24 parent, guardian, or legal custodian that form the basis of
1478	1478	25 the court's findings. That finding shall appear in the order
1479	1479	26 of the court.
1480	1480
1481	1481
1482	1482
1483	1483
1484	1484
1485	1485	HB2885 - 40 - LRB103 26122 RLC 52478 b
1486	1486
1487	1487
1488	1488	HB2885- 41 -LRB103 26122 RLC 52478 b HB2885 - 41 - LRB103 26122 RLC 52478 b
1489	1489	HB2885 - 41 - LRB103 26122 RLC 52478 b
1490	1490	1 If the court finds that the child has been abused,
1491	1491	2 neglected or dependent, the court shall admonish the parents
1492	1492	3 that they must cooperate with the Department of Children and
1493	1493	4 Family Services, comply with the terms of the service plan,
1494	1494	5 and correct the conditions that require the child to be in
1495	1495	6 care, or risk termination of parental rights.
1496	1496	7 If the court determines that a person has inflicted
1497	1497	8 physical or sexual abuse upon a minor, the court shall report
1498	1498	9 that determination to the Illinois State Police, which shall
1499	1499	10 include that information in its report to the President of the
1500	1500	11 school board for a school district that requests a criminal
1501	1501	12 history records check of that person, or the regional
1502	1502	13 superintendent of schools who requests a check of that person,
1503	1503	14 as required under Section 10-21.9 or 34-18.5 of the School
1504	1504	15 Code.
1505	1505	16 (2) If, pursuant to subsection (1) of this Section, the
1506	1506	17 court determines and puts in writing the factual basis
1507	1507	18 supporting the determination that the minor is either abused
1508	1508	19 or neglected or dependent, the court shall then set a time not
1509	1509	20 later than 30 days after the entry of the finding for a
1510	1510	21 dispositional hearing (unless an earlier date is required
1511	1511	22 pursuant to Section 2-13.1) to be conducted under Section 2-22
1512	1512	23 at which hearing the court shall determine whether it is
1513	1513	24 consistent with the health, safety and best interests of the
1514	1514	25 minor and the public that he be made a ward of the court. To
1515	1515	26 assist the court in making this and other determinations at
1516	1516
1517	1517
1518	1518
1519	1519
1520	1520
1521	1521	HB2885 - 41 - LRB103 26122 RLC 52478 b
1522	1522
1523	1523
1524	1524	HB2885- 42 -LRB103 26122 RLC 52478 b HB2885 - 42 - LRB103 26122 RLC 52478 b
1525	1525	HB2885 - 42 - LRB103 26122 RLC 52478 b
1526	1526	1 the dispositional hearing, the court may order that an
1527	1527	2 investigation be conducted and a dispositional report be
1528	1528	3 prepared concerning the minor's physical and mental history
1529	1529	4 and condition, family situation and background, economic
1530	1530	5 status, education, occupation, history of delinquency or
1531	1531	6 criminality, personal habits, and any other information that
1532	1532	7 may be helpful to the court. The dispositional hearing may be
1533	1533	8 continued once for a period not to exceed 30 days if the court
1534	1534	9 finds that such continuance is necessary to complete the
1535	1535	10 dispositional report.
1536	1536	11 (3) The time limits of this Section may be waived only by
1537	1537	12 consent of all parties and approval by the court, as
1538	1538	13 determined to be consistent with the health, safety and best
1539	1539	14 interests of the minor.
1540	1540	15 (4) For all cases adjudicated prior to July 1, 1991, for
1541	1541	16 which no dispositional hearing has been held prior to that
1542	1542	17 date, a dispositional hearing under Section 2-22 shall be held
1543	1543	18 within 90 days of July 1, 1991.
1544	1544	19 (5) The court may terminate the parental rights of a
1545	1545	20 parent at the initial dispositional hearing if all of the
1546	1546	21 following conditions are met:
1547	1547	22 (i) the original or amended petition contains a
1548	1548	23 request for termination of parental rights and appointment
1549	1549	24 of a guardian with power to consent to adoption; and
1550	1550	25 (ii) the court has found by a preponderance of
1551	1551	26 evidence, introduced or stipulated to at an adjudicatory
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556
1557	1557	HB2885 - 42 - LRB103 26122 RLC 52478 b
1558	1558
1559	1559
1560	1560	HB2885- 43 -LRB103 26122 RLC 52478 b HB2885 - 43 - LRB103 26122 RLC 52478 b
1561	1561	HB2885 - 43 - LRB103 26122 RLC 52478 b
1562	1562	1 hearing, that the child comes under the jurisdiction of
1563	1563	2 the court as an abused, neglected, or dependent minor
1564	1564	3 under Section 2-18; and
1565	1565	4 (iii) the court finds, on the basis of clear and
1566	1566	5 convincing evidence admitted at the adjudicatory hearing
1567	1567	6 that the parent is an unfit person under subdivision D of
1568	1568	7 Section 1 of the Adoption Act; and
1569	1569	8 (iv) the court determines in accordance with the rules
1570	1570	9 of evidence for dispositional proceedings, that:
1571	1571	10 (A) it is in the best interest of the minor and
1572	1572	11 public that the child be made a ward of the court;
1573	1573	12 (A-5) active reasonable efforts under subsection
1574	1574	13 (l-1) of Section 5 of the Children and Family Services
1575	1575	14 Act are inappropriate or such efforts were made and
1576	1576	15 were unsuccessful; and
1577	1577	16 (B) termination of parental rights and appointment
1578	1578	17 of a guardian with power to consent to adoption is in
1579	1579	18 the best interest of the child pursuant to Section
1580	1580	19 2-29.
1581	1581	20 (Source: P.A. 102-538, eff. 8-20-21.)
1582	1582	21 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
1583	1583	22 Sec. 2-28. Court review.
1584	1584	23 (1) The court may require any legal custodian or guardian
1585	1585	24 of the person appointed under this Act to report periodically
1586	1586	25 to the court or may cite him into court and require him or his
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591
1592	1592	HB2885 - 43 - LRB103 26122 RLC 52478 b
1593	1593
1594	1594
1595	1595	HB2885- 44 -LRB103 26122 RLC 52478 b HB2885 - 44 - LRB103 26122 RLC 52478 b
1596	1596	HB2885 - 44 - LRB103 26122 RLC 52478 b
1597	1597	1 agency, to make a full and accurate report of his or its doings
1598	1598	2 in behalf of the minor. The custodian or guardian, within 10
1599	1599	3 days after such citation, or earlier if the court determines
1600	1600	4 it to be necessary to protect the health, safety, or welfare of
1601	1601	5 the minor, shall make the report, either in writing verified
1602	1602	6 by affidavit or orally under oath in open court, or otherwise
1603	1603	7 as the court directs. Upon the hearing of the report the court
1604	1604	8 may remove the custodian or guardian and appoint another in
1605	1605	9 his stead or restore the minor to the custody of his parents or
1606	1606	10 former guardian or custodian. However, custody of the minor
1607	1607	11 shall not be restored to any parent, guardian, or legal
1608	1608	12 custodian in any case in which the minor is found to be
1609	1609	13 neglected or abused under Section 2-3 or dependent under
1610	1610	14 Section 2-4 of this Act, unless the minor can be cared for at
1611	1611	15 home without endangering the minor's health or safety and it
1612	1612	16 is in the best interests of the minor, and if such neglect,
1613	1613	17 abuse, or dependency is found by the court under paragraph (1)
1614	1614	18 of Section 2-21 of this Act to have come about due to the acts
1615	1615	19 or omissions or both of such parent, guardian, or legal
1616	1616	20 custodian, until such time as an investigation is made as
1617	1617	21 provided in paragraph (5) and a hearing is held on the issue of
1618	1618	22 the fitness of such parent, guardian, or legal custodian to
1619	1619	23 care for the minor and the court enters an order that such
1620	1620	24 parent, guardian, or legal custodian is fit to care for the
1621	1621	25 minor.
1622	1622	26 (1.5) The public agency that is the custodian or guardian
1623	1623
1624	1624
1625	1625
1626	1626
1627	1627
1628	1628	HB2885 - 44 - LRB103 26122 RLC 52478 b
1629	1629
1630	1630
1631	1631	HB2885- 45 -LRB103 26122 RLC 52478 b HB2885 - 45 - LRB103 26122 RLC 52478 b
1632	1632	HB2885 - 45 - LRB103 26122 RLC 52478 b
1633	1633	1 of the minor shall file a written report with the court no
1634	1634	2 later than 15 days after a minor in the agency's care remains:
1635	1635	3 (1) in a shelter placement beyond 30 days;
1636	1636	4 (2) in a psychiatric hospital past the time when the
1637	1637	5 minor is clinically ready for discharge or beyond medical
1638	1638	6 necessity for the minor's health; or
1639	1639	7 (3) in a detention center or Department of Juvenile
1640	1640	8 Justice facility solely because the public agency cannot
1641	1641	9 find an appropriate placement for the minor.
1642	1642	10 The report shall explain the steps the agency is taking to
1643	1643	11 ensure the minor is placed appropriately, how the minor's
1644	1644	12 needs are being met in the minor's shelter placement, and if a
1645	1645	13 future placement has been identified by the Department, why
1646	1646	14 the anticipated placement is appropriate for the needs of the
1647	1647	15 minor and the anticipated placement date.
1648	1648	16 (1.6) Within 35 days after placing a child in its care in a
1649	1649	17 qualified residential treatment program, as defined by the
1650	1650	18 federal Social Security Act, the Department of Children and
1651	1651	19 Family Services shall file a written report with the court and
1652	1652	20 send copies of the report to all parties. Within 20 days of the
1653	1653	21 filing of the report, the court shall hold a hearing to
1654	1654	22 consider the Department's report and determine whether
1655	1655	23 placement of the child in a qualified residential treatment
1656	1656	24 program provides the most effective and appropriate level of
1657	1657	25 care for the child in the least restrictive environment and if
1658	1658	26 the placement is consistent with the short-term and long-term
1659	1659
1660	1660
1661	1661
1662	1662
1663	1663
1664	1664	HB2885 - 45 - LRB103 26122 RLC 52478 b
1665	1665
1666	1666
1667	1667	HB2885- 46 -LRB103 26122 RLC 52478 b HB2885 - 46 - LRB103 26122 RLC 52478 b
1668	1668	HB2885 - 46 - LRB103 26122 RLC 52478 b
1669	1669	1 goals for the child, as specified in the permanency plan for
1670	1670	2 the child. The court shall approve or disapprove the
1671	1671	3 placement. If applicable, the requirements of Sections 2-27.1
1672	1672	4 and 2-27.2 must also be met. The Department's written report
1673	1673	5 and the court's written determination shall be included in and
1674	1674	6 made part of the case plan for the child. If the child remains
1675	1675	7 placed in a qualified residential treatment program, the
1676	1676	8 Department shall submit evidence at each status and permanency
1677	1677	9 hearing:
1678	1678	10 (1) demonstrating that on-going assessment of the
1679	1679	11 strengths and needs of the child continues to support the
1680	1680	12 determination that the child's needs cannot be met through
1681	1681	13 placement in a foster family home, that the placement
1682	1682	14 provides the most effective and appropriate level of care
1683	1683	15 for the child in the least restrictive, appropriate
1684	1684	16 environment, and that the placement is consistent with the
1685	1685	17 short-term and long-term permanency goal for the child, as
1686	1686	18 specified in the permanency plan for the child;
1687	1687	19 (2) documenting the specific treatment or service
1688	1688	20 needs that should be met for the child in the placement and
1689	1689	21 the length of time the child is expected to need the
1690	1690	22 treatment or services; and
1691	1691	23 (3) the efforts made by the agency to prepare the
1692	1692	24 child to return home or to be placed with a fit and willing
1693	1693	25 relative, a legal guardian, or an adoptive parent, or in a
1694	1694	26 foster family home.
1695	1695
1696	1696
1697	1697
1698	1698
1699	1699
1700	1700	HB2885 - 46 - LRB103 26122 RLC 52478 b
1701	1701
1702	1702
1703	1703	HB2885- 47 -LRB103 26122 RLC 52478 b HB2885 - 47 - LRB103 26122 RLC 52478 b
1704	1704	HB2885 - 47 - LRB103 26122 RLC 52478 b
1705	1705	1 (2) The first permanency hearing shall be conducted by the
1706	1706	2 judge. Subsequent permanency hearings may be heard by a judge
1707	1707	3 or by hearing officers appointed or approved by the court in
1708	1708	4 the manner set forth in Section 2-28.1 of this Act. The initial
1709	1709	5 hearing shall be held (a) within 12 months from the date
1710	1710	6 temporary custody was taken, regardless of whether an
1711	1711	7 adjudication or dispositional hearing has been completed
1712	1712	8 within that time frame, (b) if the parental rights of both
1713	1713	9 parents have been terminated in accordance with the procedure
1714	1714	10 described in subsection (5) of Section 2-21, within 30 days of
1715	1715	11 the order for termination of parental rights and appointment
1716	1716	12 of a guardian with power to consent to adoption, or (c) in
1717	1717	13 accordance with subsection (2) of Section 2-13.1. Subsequent
1718	1718	14 permanency hearings shall be held every 6 months or more
1719	1719	15 frequently if necessary in the court's determination following
1720	1720	16 the initial permanency hearing, in accordance with the
1721	1721	17 standards set forth in this Section, until the court
1722	1722	18 determines that the plan and goal have been achieved. Once the
1723	1723	19 plan and goal have been achieved, if the minor remains in
1724	1724	20 substitute care, the case shall be reviewed at least every 6
1725	1725	21 months thereafter, subject to the provisions of this Section,
1726	1726	22 unless the minor is placed in the guardianship of a suitable
1727	1727	23 relative or other person and the court determines that further
1728	1728	24 monitoring by the court does not further the health, safety,
1729	1729	25 or best interest of the child and that this is a stable
1730	1730	26 permanent placement. The permanency hearings must occur within
1731	1731
1732	1732
1733	1733
1734	1734
1735	1735
1736	1736	HB2885 - 47 - LRB103 26122 RLC 52478 b
1737	1737
1738	1738
1739	1739	HB2885- 48 -LRB103 26122 RLC 52478 b HB2885 - 48 - LRB103 26122 RLC 52478 b
1740	1740	HB2885 - 48 - LRB103 26122 RLC 52478 b
1741	1741	1 the time frames set forth in this subsection and may not be
1742	1742	2 delayed in anticipation of a report from any source or due to
1743	1743	3 the agency's failure to timely file its written report (this
1744	1744	4 written report means the one required under the next paragraph
1745	1745	5 and does not mean the service plan also referred to in that
1746	1746	6 paragraph).
1747	1747	7 The public agency that is the custodian or guardian of the
1748	1748	8 minor, or another agency responsible for the minor's care,
1749	1749	9 shall ensure that all parties to the permanency hearings are
1750	1750	10 provided a copy of the most recent service plan prepared
1751	1751	11 within the prior 6 months at least 14 days in advance of the
1752	1752	12 hearing. If not contained in the agency's service plan, the
1753	1753	13 agency shall also include a report setting forth (i) any
1754	1754	14 special physical, psychological, educational, medical,
1755	1755	15 emotional, or other needs of the minor or his or her family
1756	1756	16 that are relevant to a permanency or placement determination
1757	1757	17 and (ii) for any minor age 16 or over, a written description of
1758	1758	18 the programs and services that will enable the minor to
1759	1759	19 prepare for independent living. If not contained in the
1760	1760	20 agency's service plan, the agency's report shall specify if a
1761	1761	21 minor is placed in a licensed child care facility under a
1762	1762	22 corrective plan by the Department due to concerns impacting
1763	1763	23 the minor's safety and well-being. The report shall explain
1764	1764	24 the steps the Department is taking to ensure the safety and
1765	1765	25 well-being of the minor and that the minor's needs are met in
1766	1766	26 the facility. The agency's written report must detail what
1767	1767
1768	1768
1769	1769
1770	1770
1771	1771
1772	1772	HB2885 - 48 - LRB103 26122 RLC 52478 b
1773	1773
1774	1774
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1776	1776	HB2885 - 49 - LRB103 26122 RLC 52478 b
1777	1777	1 progress or lack of progress the parent has made in correcting
1778	1778	2 the conditions requiring the child to be in care; whether the
1779	1779	3 child can be returned home without jeopardizing the child's
1780	1780	4 health, safety, and welfare, and if not, what permanency goal
1781	1781	5 is recommended to be in the best interests of the child, and
1782	1782	6 why the other permanency goals are not appropriate. The
1783	1783	7 caseworker must appear and testify at the permanency hearing.
1784	1784	8 If a permanency hearing has not previously been scheduled by
1785	1785	9 the court, the moving party shall move for the setting of a
1786	1786	10 permanency hearing and the entry of an order within the time
1787	1787	11 frames set forth in this subsection.
1788	1788	12 At the permanency hearing, the court shall determine the
1789	1789	13 future status of the child. The court shall set one of the
1790	1790	14 following permanency goals:
1791	1791	15 (A) The minor will be returned home by a specific date
1792	1792	16 within 5 months.
1793	1793	17 (B) The minor will be in short-term care with a
1794	1794	18 continued goal to return home within a period not to
1795	1795	19 exceed one year, where the progress of the parent or
1796	1796	20 parents is substantial giving particular consideration to
1797	1797	21 the age and individual needs of the minor.
1798	1798	22 (B-1) The minor will be in short-term care with a
1799	1799	23 continued goal to return home pending a status hearing.
1800	1800	24 When the court finds that a parent has not made active
1801	1801	25 reasonable efforts or reasonable progress to date, the
1802	1802	26 court shall identify what actions the parent and the
1803	1803
1804	1804
1805	1805
1806	1806
1807	1807
1808	1808	HB2885 - 49 - LRB103 26122 RLC 52478 b
1809	1809
1810	1810
1811	1811	HB2885- 50 -LRB103 26122 RLC 52478 b HB2885 - 50 - LRB103 26122 RLC 52478 b
1812	1812	HB2885 - 50 - LRB103 26122 RLC 52478 b
1813	1813	1 Department must take in order to justify a finding of
1814	1814	2 active reasonable efforts or reasonable progress and shall
1815	1815	3 set a status hearing to be held not earlier than 9 months
1816	1816	4 from the date of adjudication nor later than 11 months
1817	1817	5 from the date of adjudication during which the parent's
1818	1818	6 progress will again be reviewed.
1819	1819	7 (C) The minor will be in substitute care pending court
1820	1820	8 determination on termination of parental rights.
1821	1821	9 (D) Adoption, provided that parental rights have been
1822	1822	10 terminated or relinquished.
1823	1823	11 (E) The guardianship of the minor will be transferred
1824	1824	12 to an individual or couple on a permanent basis provided
1825	1825	13 that goals (A) through (D) have been deemed inappropriate
1826	1826	14 and not in the child's best interests. The court shall
1827	1827	15 confirm that the Department has discussed adoption, if
1828	1828	16 appropriate, and guardianship with the caregiver prior to
1829	1829	17 changing a goal to guardianship.
1830	1830	18 (F) The minor over age 15 will be in substitute care
1831	1831	19 pending independence. In selecting this permanency goal,
1832	1832	20 the Department of Children and Family Services may provide
1833	1833	21 services to enable reunification and to strengthen the
1834	1834	22 minor's connections with family, fictive kin, and other
1835	1835	23 responsible adults, provided the services are in the
1836	1836	24 minor's best interest. The services shall be documented in
1837	1837	25 the service plan.
1838	1838	26 (G) The minor will be in substitute care because he or
1839	1839
1840	1840
1841	1841
1842	1842
1843	1843
1844	1844	HB2885 - 50 - LRB103 26122 RLC 52478 b
1845	1845
1846	1846
1847	1847	HB2885- 51 -LRB103 26122 RLC 52478 b HB2885 - 51 - LRB103 26122 RLC 52478 b
1848	1848	HB2885 - 51 - LRB103 26122 RLC 52478 b
1849	1849	1 she cannot be provided for in a home environment due to
1850	1850	2 developmental disabilities or mental illness or because he
1851	1851	3 or she is a danger to self or others, provided that goals
1852	1852	4 (A) through (D) have been deemed inappropriate and not in
1853	1853	5 the child's best interests.
1854	1854	6 In selecting any permanency goal, the court shall indicate
1855	1855	7 in writing the reasons the goal was selected and why the
1856	1856	8 preceding goals were deemed inappropriate and not in the
1857	1857	9 child's best interest. Where the court has selected a
1858	1858	10 permanency goal other than (A), (B), or (B-1), the Department
1859	1859	11 of Children and Family Services shall not provide further
1860	1860	12 reunification services, except as provided in paragraph (F) of
1861	1861	13 this subsection (2), but shall provide services consistent
1862	1862	14 with the goal selected.
1863	1863	15 (H) Notwithstanding any other provision in this
1864	1864	16 Section, the court may select the goal of continuing
1865	1865	17 foster care as a permanency goal if:
1866	1866	18 (1) The Department of Children and Family Services
1867	1867	19 has custody and guardianship of the minor;
1868	1868	20 (2) The court has deemed all other permanency
1869	1869	21 goals inappropriate based on the child's best
1870	1870	22 interest;
1871	1871	23 (3) The court has found compelling reasons, based
1872	1872	24 on written documentation reviewed by the court, to
1873	1873	25 place the minor in continuing foster care. Compelling
1874	1874	26 reasons include:
1875	1875
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880	HB2885 - 51 - LRB103 26122 RLC 52478 b
1881	1881
1882	1882
1883	1883	HB2885- 52 -LRB103 26122 RLC 52478 b HB2885 - 52 - LRB103 26122 RLC 52478 b
1884	1884	HB2885 - 52 - LRB103 26122 RLC 52478 b
1885	1885	1 (a) the child does not wish to be adopted or to
1886	1886	2 be placed in the guardianship of his or her
1887	1887	3 relative or foster care placement;
1888	1888	4 (b) the child exhibits an extreme level of
1889	1889	5 need such that the removal of the child from his or
1890	1890	6 her placement would be detrimental to the child;
1891	1891	7 or
1892	1892	8 (c) the child who is the subject of the
1893	1893	9 permanency hearing has existing close and strong
1894	1894	10 bonds with a sibling, and achievement of another
1895	1895	11 permanency goal would substantially interfere with
1896	1896	12 the subject child's sibling relationship, taking
1897	1897	13 into consideration the nature and extent of the
1898	1898	14 relationship, and whether ongoing contact is in
1899	1899	15 the subject child's best interest, including
1900	1900	16 long-term emotional interest, as compared with the
1901	1901	17 legal and emotional benefit of permanence;
1902	1902	18 (4) The child has lived with the relative or
1903	1903	19 foster parent for at least one year; and
1904	1904	20 (5) The relative or foster parent currently caring
1905	1905	21 for the child is willing and capable of providing the
1906	1906	22 child with a stable and permanent environment.
1907	1907	23 The court shall set a permanency goal that is in the best
1908	1908	24 interest of the child. In determining that goal, the court
1909	1909	25 shall consult with the minor in an age-appropriate manner
1910	1910	26 regarding the proposed permanency or transition plan for the
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916	HB2885 - 52 - LRB103 26122 RLC 52478 b
1917	1917
1918	1918
1919	1919	HB2885- 53 -LRB103 26122 RLC 52478 b HB2885 - 53 - LRB103 26122 RLC 52478 b
1920	1920	HB2885 - 53 - LRB103 26122 RLC 52478 b
1921	1921	1 minor. The court's determination shall include the following
1922	1922	2 factors:
1923	1923	3 (1) Age of the child.
1924	1924	4 (2) Options available for permanence, including both
1925	1925	5 out-of-state and in-state placement options.
1926	1926	6 (3) Current placement of the child and the intent of
1927	1927	7 the family regarding adoption.
1928	1928	8 (4) Emotional, physical, and mental status or
1929	1929	9 condition of the child.
1930	1930	10 (5) Types of services previously offered and whether
1931	1931	11 or not the services were successful and, if not
1932	1932	12 successful, the reasons the services failed.
1933	1933	13 (6) Availability of services currently needed and
1934	1934	14 whether the services exist.
1935	1935	15 (7) Status of siblings of the minor.
1936	1936	16 The court shall consider (i) the permanency goal contained
1937	1937	17 in the service plan, (ii) the appropriateness of the services
1938	1938	18 contained in the plan and whether those services have been
1939	1939	19 provided, (iii) whether active reasonable efforts have been
1940	1940	20 made by all the parties to the service plan to achieve the
1941	1941	21 goal, and (iv) whether the plan and goal have been achieved.
1942	1942	22 All evidence relevant to determining these questions,
1943	1943	23 including oral and written reports, may be admitted and may be
1944	1944	24 relied on to the extent of their probative value.
1945	1945	25 The court shall make findings as to whether, in violation
1946	1946	26 of Section 8.2 of the Abused and Neglected Child Reporting
1947	1947
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952	HB2885 - 53 - LRB103 26122 RLC 52478 b
1953	1953
1954	1954
1955	1955	HB2885- 54 -LRB103 26122 RLC 52478 b HB2885 - 54 - LRB103 26122 RLC 52478 b
1956	1956	HB2885 - 54 - LRB103 26122 RLC 52478 b
1957	1957	1 Act, any portion of the service plan compels a child or parent
1958	1958	2 to engage in any activity or refrain from any activity that is
1959	1959	3 not reasonably related to remedying a condition or conditions
1960	1960	4 that gave rise or which could give rise to any finding of child
1961	1961	5 abuse or neglect. The services contained in the service plan
1962	1962	6 shall include services reasonably related to remedy the
1963	1963	7 conditions that gave rise to removal of the child from the home
1964	1964	8 of his or her parents, guardian, or legal custodian or that the
1965	1965	9 court has found must be remedied prior to returning the child
1966	1966	10 home. Any tasks the court requires of the parents, guardian,
1967	1967	11 or legal custodian or child prior to returning the child home,
1968	1968	12 must be reasonably related to remedying a condition or
1969	1969	13 conditions that gave rise to or which could give rise to any
1970	1970	14 finding of child abuse or neglect.
1971	1971	15 If the permanency goal is to return home, the court shall
1972	1972	16 make findings that identify any problems that are causing
1973	1973	17 continued placement of the children away from the home and
1974	1974	18 identify what outcomes would be considered a resolution to
1975	1975	19 these problems. The court shall explain to the parents that
1976	1976	20 these findings are based on the information that the court has
1977	1977	21 at that time and may be revised, should additional evidence be
1978	1978	22 presented to the court.
1979	1979	23 The court shall review the Sibling Contact Support Plan
1980	1980	24 developed or modified under subsection (f) of Section 7.4 of
1981	1981	25 the Children and Family Services Act, if applicable. If the
1982	1982	26 Department has not convened a meeting to develop or modify a
1983	1983
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988	HB2885 - 54 - LRB103 26122 RLC 52478 b
1989	1989
1990	1990
1991	1991	HB2885- 55 -LRB103 26122 RLC 52478 b HB2885 - 55 - LRB103 26122 RLC 52478 b
1992	1992	HB2885 - 55 - LRB103 26122 RLC 52478 b
1993	1993	1 Sibling Contact Support Plan, or if the court finds that the
1994	1994	2 existing Plan is not in the child's best interest, the court
1995	1995	3 may enter an order requiring the Department to develop,
1996	1996	4 modify, or implement a Sibling Contact Support Plan, or order
1997	1997	5 mediation.
1998	1998	6 If the goal has been achieved, the court shall enter
1999	1999	7 orders that are necessary to conform the minor's legal custody
2000	2000	8 and status to those findings.
2001	2001	9 If, after receiving evidence, the court determines that
2002	2002	10 the services contained in the plan are not reasonably
2003	2003	11 calculated to facilitate achievement of the permanency goal,
2004	2004	12 the court shall put in writing the factual basis supporting
2005	2005	13 the determination and enter specific findings based on the
2006	2006	14 evidence. The court also shall enter an order for the
2007	2007	15 Department to develop and implement a new service plan or to
2008	2008	16 implement changes to the current service plan consistent with
2009	2009	17 the court's findings. The new service plan shall be filed with
2010	2010	18 the court and served on all parties within 45 days of the date
2011	2011	19 of the order. The court shall continue the matter until the new
2012	2012	20 service plan is filed. Except as authorized by subsection
2013	2013	21 (2.5) of this Section and as otherwise specifically authorized
2014	2014	22 by law, the court is not empowered under this Section to order
2015	2015	23 specific placements, specific services, or specific service
2016	2016	24 providers to be included in the service plan.
2017	2017	25 A guardian or custodian appointed by the court pursuant to
2018	2018	26 this Act shall file updated case plans with the court every 6
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	HB2885 - 55 - LRB103 26122 RLC 52478 b
2025	2025
2026	2026
2027	2027	HB2885- 56 -LRB103 26122 RLC 52478 b HB2885 - 56 - LRB103 26122 RLC 52478 b
2028	2028	HB2885 - 56 - LRB103 26122 RLC 52478 b
2029	2029	1 months.
2030	2030	2 Rights of wards of the court under this Act are
2031	2031	3 enforceable against any public agency by complaints for relief
2032	2032	4 by mandamus filed in any proceedings brought under this Act.
2033	2033	5 (2.5) If, after reviewing the evidence, including evidence
2034	2034	6 from the Department, the court determines that the minor's
2035	2035	7 current or planned placement is not necessary or appropriate
2036	2036	8 to facilitate achievement of the permanency goal, the court
2037	2037	9 shall put in writing the factual basis supporting its
2038	2038	10 determination and enter specific findings based on the
2039	2039	11 evidence. If the court finds that the minor's current or
2040	2040	12 planned placement is not necessary or appropriate, the court
2041	2041	13 may enter an order directing the Department to implement a
2042	2042	14 recommendation by the minor's treating clinician or a
2043	2043	15 clinician contracted by the Department to evaluate the minor
2044	2044	16 or a recommendation made by the Department. If the Department
2045	2045	17 places a minor in a placement under an order entered under this
2046	2046	18 subsection (2.5), the Department has the authority to remove
2047	2047	19 the minor from that placement when a change in circumstances
2048	2048	20 necessitates the removal to protect the minor's health,
2049	2049	21 safety, and best interest. If the Department determines
2050	2050	22 removal is necessary, the Department shall notify the parties
2051	2051	23 of the planned placement change in writing no later than 10
2052	2052	24 days prior to the implementation of its determination unless
2053	2053	25 remaining in the placement poses an imminent risk of harm to
2054	2054	26 the minor, in which case the Department shall notify the
2055	2055
2056	2056
2057	2057
2058	2058
2059	2059
2060	2060	HB2885 - 56 - LRB103 26122 RLC 52478 b
2061	2061
2062	2062
2063	2063	HB2885- 57 -LRB103 26122 RLC 52478 b HB2885 - 57 - LRB103 26122 RLC 52478 b
2064	2064	HB2885 - 57 - LRB103 26122 RLC 52478 b
2065	2065	1 parties of the placement change in writing immediately
2066	2066	2 following the implementation of its decision. The Department
2067	2067	3 shall notify others of the decision to change the minor's
2068	2068	4 placement as required by Department rule.
2069	2069	5 (3) Following the permanency hearing, the court shall
2070	2070	6 enter a written order that includes the determinations
2071	2071	7 required under subsection (2) of this Section and sets forth
2072	2072	8 the following:
2073	2073	9 (a) The future status of the minor, including the
2074	2074	10 permanency goal, and any order necessary to conform the
2075	2075	11 minor's legal custody and status to such determination; or
2076	2076	12 (b) If the permanency goal of the minor cannot be
2077	2077	13 achieved immediately, the specific reasons for continuing
2078	2078	14 the minor in the care of the Department of Children and
2079	2079	15 Family Services or other agency for short-term short term
2080	2080	16 placement, and the following determinations:
2081	2081	17 (i) (Blank).
2082	2082	18 (ii) Whether the services required by the court
2083	2083	19 and by any service plan prepared within the prior 6
2084	2084	20 months have been provided and (A) if so, whether the
2085	2085	21 services were reasonably calculated to facilitate the
2086	2086	22 achievement of the permanency goal or (B) if not
2087	2087	23 provided, why the services were not provided.
2088	2088	24 (iii) Whether the minor's current or planned
2089	2089	25 placement is necessary, and appropriate to the plan
2090	2090	26 and goal, recognizing the right of minors to the least
2091	2091
2092	2092
2093	2093
2094	2094
2095	2095
2096	2096	HB2885 - 57 - LRB103 26122 RLC 52478 b
2097	2097
2098	2098
2099	2099	HB2885- 58 -LRB103 26122 RLC 52478 b HB2885 - 58 - LRB103 26122 RLC 52478 b
2100	2100	HB2885 - 58 - LRB103 26122 RLC 52478 b
2101	2101	1 restrictive (most family-like) setting available and
2102	2102	2 in close proximity to the parents' home consistent
2103	2103	3 with the health, safety, best interest, and special
2104	2104	4 needs of the minor and, if the minor is placed
2105	2105	5 out-of-state, whether the out-of-state placement
2106	2106	6 continues to be appropriate and consistent with the
2107	2107	7 health, safety, and best interest of the minor.
2108	2108	8 (iv) (Blank).
2109	2109	9 (v) (Blank).
2110	2110	10 (4) The minor or any person interested in the minor may
2111	2111	11 apply to the court for a change in custody of the minor and the
2112	2112	12 appointment of a new custodian or guardian of the person or for
2113	2113	13 the restoration of the minor to the custody of his parents or
2114	2114	14 former guardian or custodian.
2115	2115	15 When return home is not selected as the permanency goal:
2116	2116	16 (a) The Department, the minor, or the current foster
2117	2117	17 parent or relative caregiver seeking private guardianship
2118	2118	18 may file a motion for private guardianship of the minor.
2119	2119	19 Appointment of a guardian under this Section requires
2120	2120	20 approval of the court.
2121	2121	21 (b) The State's Attorney may file a motion to
2122	2122	22 terminate parental rights of any parent who has failed to
2123	2123	23 make active reasonable efforts to correct the conditions
2124	2124	24 which led to the removal of the child or reasonable
2125	2125	25 progress toward the return of the child, as defined in
2126	2126	26 subdivision (D)(m) of Section 1 of the Adoption Act or for
2127	2127
2128	2128
2129	2129
2130	2130
2131	2131
2132	2132	HB2885 - 58 - LRB103 26122 RLC 52478 b
2133	2133
2134	2134
2135	2135	HB2885- 59 -LRB103 26122 RLC 52478 b HB2885 - 59 - LRB103 26122 RLC 52478 b
2136	2136	HB2885 - 59 - LRB103 26122 RLC 52478 b
2137	2137	1 whom any other unfitness ground for terminating parental
2138	2138	2 rights as defined in subdivision (D) of Section 1 of the
2139	2139	3 Adoption Act exists.
2140	2140	4 When parental rights have been terminated for a
2141	2141	5 minimum of 3 years and the child who is the subject of the
2142	2142	6 permanency hearing is 13 years old or older and is not
2143	2143	7 currently placed in a placement likely to achieve
2144	2144	8 permanency, the Department of Children and Family Services
2145	2145	9 shall make active reasonable efforts to locate parents
2146	2146	10 whose rights have been terminated, except when the Court
2147	2147	11 determines that those efforts would be futile or
2148	2148	12 inconsistent with the subject child's best interests. The
2149	2149	13 Department of Children and Family Services shall assess
2150	2150	14 the appropriateness of the parent whose rights have been
2151	2151	15 terminated, and shall, as appropriate, foster and support
2152	2152	16 connections between the parent whose rights have been
2153	2153	17 terminated and the youth. The Department of Children and
2154	2154	18 Family Services shall document its determinations and
2155	2155	19 efforts to foster connections in the child's case plan.
2156	2156	20 Custody of the minor shall not be restored to any parent,
2157	2157	21 guardian, or legal custodian in any case in which the minor is
2158	2158	22 found to be neglected or abused under Section 2-3 or dependent
2159	2159	23 under Section 2-4 of this Act, unless the minor can be cared
2160	2160	24 for at home without endangering his or her health or safety and
2161	2161	25 it is in the best interest of the minor, and if such neglect,
2162	2162	26 abuse, or dependency is found by the court under paragraph (1)
2163	2163
2164	2164
2165	2165
2166	2166
2167	2167
2168	2168	HB2885 - 59 - LRB103 26122 RLC 52478 b
2169	2169
2170	2170
2171	2171	HB2885- 60 -LRB103 26122 RLC 52478 b HB2885 - 60 - LRB103 26122 RLC 52478 b
2172	2172	HB2885 - 60 - LRB103 26122 RLC 52478 b
2173	2173	1 of Section 2-21 of this Act to have come about due to the acts
2174	2174	2 or omissions or both of such parent, guardian, or legal
2175	2175	3 custodian, until such time as an investigation is made as
2176	2176	4 provided in paragraph (5) and a hearing is held on the issue of
2177	2177	5 the health, safety, and best interest of the minor and the
2178	2178	6 fitness of such parent, guardian, or legal custodian to care
2179	2179	7 for the minor and the court enters an order that such parent,
2180	2180	8 guardian, or legal custodian is fit to care for the minor. If a
2181	2181	9 motion is filed to modify or vacate a private guardianship
2182	2182	10 order and return the child to a parent, guardian, or legal
2183	2183	11 custodian, the court may order the Department of Children and
2184	2184	12 Family Services to assess the minor's current and proposed
2185	2185	13 living arrangements and to provide ongoing monitoring of the
2186	2186	14 health, safety, and best interest of the minor during the
2187	2187	15 pendency of the motion to assist the court in making that
2188	2188	16 determination. In the event that the minor has attained 18
2189	2189	17 years of age and the guardian or custodian petitions the court
2190	2190	18 for an order terminating his guardianship or custody,
2191	2191	19 guardianship or custody shall terminate automatically 30 days
2192	2192	20 after the receipt of the petition unless the court orders
2193	2193	21 otherwise. No legal custodian or guardian of the person may be
2194	2194	22 removed without his consent until given notice and an
2195	2195	23 opportunity to be heard by the court.
2196	2196	24 When the court orders a child restored to the custody of
2197	2197	25 the parent or parents, the court shall order the parent or
2198	2198	26 parents to cooperate with the Department of Children and
2199	2199
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204	HB2885 - 60 - LRB103 26122 RLC 52478 b
2205	2205
2206	2206
2207	2207	HB2885- 61 -LRB103 26122 RLC 52478 b HB2885 - 61 - LRB103 26122 RLC 52478 b
2208	2208	HB2885 - 61 - LRB103 26122 RLC 52478 b
2209	2209	1 Family Services and comply with the terms of an after-care
2210	2210	2 plan, or risk the loss of custody of the child and possible
2211	2211	3 termination of their parental rights. The court may also enter
2212	2212	4 an order of protective supervision in accordance with Section
2213	2213	5 2-24.
2214	2214	6 If the minor is being restored to the custody of a parent,
2215	2215	7 legal custodian, or guardian who lives outside of Illinois,
2216	2216	8 and an Interstate Compact has been requested and refused, the
2217	2217	9 court may order the Department of Children and Family Services
2218	2218	10 to arrange for an assessment of the minor's proposed living
2219	2219	11 arrangement and for ongoing monitoring of the health, safety,
2220	2220	12 and best interest of the minor and compliance with any order of
2221	2221	13 protective supervision entered in accordance with Section
2222	2222	14 2-24.
2223	2223	15 (5) Whenever a parent, guardian, or legal custodian files
2224	2224	16 a motion for restoration of custody of the minor, and the minor
2225	2225	17 was adjudicated neglected, abused, or dependent as a result of
2226	2226	18 physical abuse, the court shall cause to be made an
2227	2227	19 investigation as to whether the movant has ever been charged
2228	2228	20 with or convicted of any criminal offense which would indicate
2229	2229	21 the likelihood of any further physical abuse to the minor.
2230	2230	22 Evidence of such criminal convictions shall be taken into
2231	2231	23 account in determining whether the minor can be cared for at
2232	2232	24 home without endangering his or her health or safety and
2233	2233	25 fitness of the parent, guardian, or legal custodian.
2234	2234	26 (a) Any agency of this State or any subdivision
2235	2235
2236	2236
2237	2237
2238	2238
2239	2239
2240	2240	HB2885 - 61 - LRB103 26122 RLC 52478 b
2241	2241
2242	2242
2243	2243	HB2885- 62 -LRB103 26122 RLC 52478 b HB2885 - 62 - LRB103 26122 RLC 52478 b
2244	2244	HB2885 - 62 - LRB103 26122 RLC 52478 b
2245	2245	1 thereof shall cooperate with the agent of the court in
2246	2246	2 providing any information sought in the investigation.
2247	2247	3 (b) The information derived from the investigation and
2248	2248	4 any conclusions or recommendations derived from the
2249	2249	5 information shall be provided to the parent, guardian, or
2250	2250	6 legal custodian seeking restoration of custody prior to
2251	2251	7 the hearing on fitness and the movant shall have an
2252	2252	8 opportunity at the hearing to refute the information or
2253	2253	9 contest its significance.
2254	2254	10 (c) All information obtained from any investigation
2255	2255	11 shall be confidential as provided in Section 5-150 of this
2256	2256	12 Act.
2257	2257	13 (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
2258	2258	14 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
2259	2259	15 8-23-22.)
2260	2260	16 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
2261	2261	17 Sec. 2-31. Duration of wardship and discharge of
2262	2262	18 proceedings.
2263	2263	19 (1) All proceedings under Article II of this Act in
2264	2264	20 respect of any minor automatically terminate upon his or her
2265	2265	21 attaining the age of 21 years.
2266	2266	22 (2) Whenever the court determines, and makes written
2267	2267	23 factual findings, that health, safety, and the best interests
2268	2268	24 of the minor and the public no longer require the wardship of
2269	2269	25 the court, the court shall order the wardship terminated and
2270	2270
2271	2271
2272	2272
2273	2273
2274	2274
2275	2275	HB2885 - 62 - LRB103 26122 RLC 52478 b
2276	2276
2277	2277
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2279	2279	HB2885 - 63 - LRB103 26122 RLC 52478 b
2280	2280	1 all proceedings under this Act respecting that minor finally
2281	2281	2 closed and discharged. The court may at the same time continue
2282	2282	3 or terminate any custodianship or guardianship theretofore
2283	2283	4 ordered but the termination must be made in compliance with
2284	2284	5 Section 2-28. When terminating wardship under this Section, if
2285	2285	6 the minor is over 18 or if wardship is terminated in
2286	2286	7 conjunction with an order partially or completely emancipating
2287	2287	8 the minor in accordance with the Emancipation of Minors Act,
2288	2288	9 the court shall also consider the following factors, in
2289	2289	10 addition to the health, safety, and best interest of the minor
2290	2290	11 and the public: (A) the minor's wishes regarding case closure;
2291	2291	12 (B) the manner in which the minor will maintain independence
2292	2292	13 without services from the Department; (C) the minor's
2293	2293	14 engagement in services including placement offered by the
2294	2294	15 Department; (D) if the minor is not engaged, the Department's
2295	2295	16 efforts to engage the minor; (E) the nature of communication
2296	2296	17 between the minor and the Department; (F) the minor's
2297	2297	18 involvement in other State systems or services; (G) the
2298	2298	19 minor's connections with family and other community support;
2299	2299	20 and (H) any other factor the court deems relevant. The minor's
2300	2300	21 lack of cooperation with services provided by the Department
2301	2301	22 of Children and Family Services shall not by itself be
2302	2302	23 considered sufficient evidence that the minor is prepared to
2303	2303	24 live independently and that it is in the best interest of the
2304	2304	25 minor to terminate wardship. It shall not be in the minor's
2305	2305	26 best interest to terminate wardship of a minor over the age of
2306	2306
2307	2307
2308	2308
2309	2309
2310	2310
2311	2311	HB2885 - 63 - LRB103 26122 RLC 52478 b
2312	2312
2313	2313
2314	2314	HB2885- 64 -LRB103 26122 RLC 52478 b HB2885 - 64 - LRB103 26122 RLC 52478 b
2315	2315	HB2885 - 64 - LRB103 26122 RLC 52478 b
2316	2316	1 18 who is in the guardianship of the Department of Children and
2317	2317	2 Family Services if the Department has not made active
2318	2318	3 reasonable efforts to ensure that the minor has documents
2319	2319	4 necessary for adult living as provided in Section 35.10 of the
2320	2320	5 Children and Family Services Act.
2321	2321	6 (3) The wardship of the minor and any custodianship or
2322	2322	7 guardianship respecting the minor for whom a petition was
2323	2323	8 filed after July 24, 1991 (the effective date of Public Act
2324	2324	9 87-14) automatically terminates when he attains the age of 19
2325	2325	10 years, except as set forth in subsection (1) of this Section.
2326	2326	11 The clerk of the court shall at that time record all
2327	2327	12 proceedings under this Act as finally closed and discharged
2328	2328	13 for that reason. The provisions of this subsection (3) become
2329	2329	14 inoperative on and after July 12, 2019 (the effective date of
2330	2330	15 Public Act 101-78).
2331	2331	16 (4) Notwithstanding any provision of law to the contrary,
2332	2332	17 the changes made by Public Act 101-78 apply to all cases that
2333	2333	18 are pending on or after July 12, 2019 (the effective date of
2334	2334	19 Public Act 101-78).
2335	2335	20 (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
2336	2336	21 Section 10. The Adoption Act is amended by changing
2337	2337	22 Section 1 as follows:
2338	2338	23 (750 ILCS 50/1) (from Ch. 40, par. 1501)
2339	2339	24 Sec. 1. Definitions. When used in this Act, unless the
2340	2340
2341	2341
2342	2342
2343	2343
2344	2344
2345	2345	HB2885 - 64 - LRB103 26122 RLC 52478 b
2346	2346
2347	2347
2348	2348	HB2885- 65 -LRB103 26122 RLC 52478 b HB2885 - 65 - LRB103 26122 RLC 52478 b
2349	2349	HB2885 - 65 - LRB103 26122 RLC 52478 b
2350	2350	1 context otherwise requires:
2351	2351	2 A. "Child" means a person under legal age subject to
2352	2352	3 adoption under this Act.
2353	2353	4 B. "Related child" means a child subject to adoption where
2354	2354	5 either or both of the adopting parents stands in any of the
2355	2355	6 following relationships to the child by blood, marriage,
2356	2356	7 adoption, or civil union: parent, grand-parent,
2357	2357	8 great-grandparent, brother, sister, step-parent,
2358	2358	9 step-grandparent, step-brother, step-sister, uncle, aunt,
2359	2359	10 great-uncle, great-aunt, first cousin, or second cousin. A
2360	2360	11 person is related to the child as a first cousin or second
2361	2361	12 cousin if they are both related to the same ancestor as either
2362	2362	13 grandchild or great-grandchild. A child whose parent has
2363	2363	14 executed a consent to adoption, a surrender, or a waiver
2364	2364	15 pursuant to Section 10 of this Act or whose parent has signed a
2365	2365	16 denial of paternity pursuant to Section 12 of the Vital
2366	2366	17 Records Act or Section 12a of this Act, or whose parent has had
2367	2367	18 his or her parental rights terminated, is not a related child
2368	2368	19 to that person, unless (1) the consent is determined to be void
2369	2369	20 or is void pursuant to subsection O of Section 10 of this Act;
2370	2370	21 or (2) the parent of the child executed a consent to adoption
2371	2371	22 by a specified person or persons pursuant to subsection A-1 of
2372	2372	23 Section 10 of this Act and a court of competent jurisdiction
2373	2373	24 finds that such consent is void; or (3) the order terminating
2374	2374	25 the parental rights of the parent is vacated by a court of
2375	2375	26 competent jurisdiction.
2376	2376
2377	2377
2378	2378
2379	2379
2380	2380
2381	2381	HB2885 - 65 - LRB103 26122 RLC 52478 b
2382	2382
2383	2383
2384	2384	HB2885- 66 -LRB103 26122 RLC 52478 b HB2885 - 66 - LRB103 26122 RLC 52478 b
2385	2385	HB2885 - 66 - LRB103 26122 RLC 52478 b
2386	2386	1 C. "Agency" for the purpose of this Act means a public
2387	2387	2 child welfare agency or a licensed child welfare agency.
2388	2388	3 D. "Unfit person" means any person whom the court shall
2389	2389	4 find to be unfit to have a child, without regard to the
2390	2390	5 likelihood that the child will be placed for adoption. The
2391	2391	6 grounds of unfitness are any one or more of the following,
2392	2392	7 except that a person shall not be considered an unfit person
2393	2393	8 for the sole reason that the person has relinquished a child in
2394	2394	9 accordance with the Abandoned Newborn Infant Protection Act or
2395	2395	10 the Department of Children and Family Services or its assign
2396	2396	11 has been found to have not made active efforts as defined in
2397	2397	12 Section 1-3 of the Juvenile Court Act of 1987 during any period
2398	2398	13 during the pendency of the case at hand:
2399	2399	14 (a) Abandonment of the child.
2400	2400	15 (a-1) Abandonment of a newborn infant in a hospital.
2401	2401	16 (a-2) Abandonment of a newborn infant in any setting
2402	2402	17 where the evidence suggests that the parent intended to
2403	2403	18 relinquish his or her parental rights.
2404	2404	19 (b) Failure to maintain a reasonable degree of
2405	2405	20 interest, concern or responsibility as to the child's
2406	2406	21 welfare.
2407	2407	22 (c) Desertion of the child for more than 3 months next
2408	2408	23 preceding the commencement of the Adoption proceeding.
2409	2409	24 (d) Substantial neglect of the child if continuous or
2410	2410	25 repeated.
2411	2411	26 (d-1) Substantial neglect, if continuous or repeated,
2412	2412
2413	2413
2414	2414
2415	2415
2416	2416
2417	2417	HB2885 - 66 - LRB103 26122 RLC 52478 b
2418	2418
2419	2419
2420	2420	HB2885- 67 -LRB103 26122 RLC 52478 b HB2885 - 67 - LRB103 26122 RLC 52478 b
2421	2421	HB2885 - 67 - LRB103 26122 RLC 52478 b
2422	2422	1 of any child residing in the household which resulted in
2423	2423	2 the death of that child.
2424	2424	3 (e) Extreme or repeated cruelty to the child.
2425	2425	4 (f) There is a rebuttable presumption, which can be
2426	2426	5 overcome only by clear and convincing evidence, that a
2427	2427	6 parent is unfit if:
2428	2428	7 (1) Two or more findings of physical abuse have
2429	2429	8 been entered regarding any children under Section 2-21
2430	2430	9 of the Juvenile Court Act of 1987, the most recent of
2431	2431	10 which was determined by the juvenile court hearing the
2432	2432	11 matter to be supported by clear and convincing
2433	2433	12 evidence; or
2434	2434	13 (2) The parent has been convicted or found not
2435	2435	14 guilty by reason of insanity and the conviction or
2436	2436	15 finding resulted from the death of any child by
2437	2437	16 physical abuse; or
2438	2438	17 (3) There is a finding of physical child abuse
2439	2439	18 resulting from the death of any child under Section
2440	2440	19 2-21 of the Juvenile Court Act of 1987.
2441	2441	20 No conviction or finding of delinquency pursuant to
2442	2442	21 Article V of the Juvenile Court Act of 1987 shall be
2443	2443	22 considered a criminal conviction for the purpose of
2444	2444	23 applying any presumption under this item (f).
2445	2445	24 (g) Failure to protect the child from conditions
2446	2446	25 within his environment injurious to the child's welfare.
2447	2447	26 (h) Other neglect of, or misconduct toward the child;
2448	2448
2449	2449
2450	2450
2451	2451
2452	2452
2453	2453	HB2885 - 67 - LRB103 26122 RLC 52478 b
2454	2454
2455	2455
2456	2456	HB2885- 68 -LRB103 26122 RLC 52478 b HB2885 - 68 - LRB103 26122 RLC 52478 b
2457	2457	HB2885 - 68 - LRB103 26122 RLC 52478 b
2458	2458	1 provided that in making a finding of unfitness the court
2459	2459	2 hearing the adoption proceeding shall not be bound by any
2460	2460	3 previous finding, order or judgment affecting or
2461	2461	4 determining the rights of the parents toward the child
2462	2462	5 sought to be adopted in any other proceeding except such
2463	2463	6 proceedings terminating parental rights as shall be had
2464	2464	7 under either this Act, the Juvenile Court Act or the
2465	2465	8 Juvenile Court Act of 1987.
2466	2466	9 (i) Depravity. Conviction of any one of the following
2467	2467	10 crimes shall create a presumption that a parent is
2468	2468	11 depraved which can be overcome only by clear and
2469	2469	12 convincing evidence: (1) first degree murder in violation
2470	2470	13 of paragraph (1) or (2) of subsection (a) of Section 9-1 of
2471	2471	14 the Criminal Code of 1961 or the Criminal Code of 2012 or
2472	2472	15 conviction of second degree murder in violation of
2473	2473	16 subsection (a) of Section 9-2 of the Criminal Code of 1961
2474	2474	17 or the Criminal Code of 2012 of a parent of the child to be
2475	2475	18 adopted; (2) first degree murder or second degree murder
2476	2476	19 of any child in violation of the Criminal Code of 1961 or
2477	2477	20 the Criminal Code of 2012; (3) attempt or conspiracy to
2478	2478	21 commit first degree murder or second degree murder of any
2479	2479	22 child in violation of the Criminal Code of 1961 or the
2480	2480	23 Criminal Code of 2012; (4) solicitation to commit murder
2481	2481	24 of any child, solicitation to commit murder of any child
2482	2482	25 for hire, or solicitation to commit second degree murder
2483	2483	26 of any child in violation of the Criminal Code of 1961 or
2484	2484
2485	2485
2486	2486
2487	2487
2488	2488
2489	2489	HB2885 - 68 - LRB103 26122 RLC 52478 b
2490	2490
2491	2491
2492	2492	HB2885- 69 -LRB103 26122 RLC 52478 b HB2885 - 69 - LRB103 26122 RLC 52478 b
2493	2493	HB2885 - 69 - LRB103 26122 RLC 52478 b
2494	2494	1 the Criminal Code of 2012; (5) predatory criminal sexual
2495	2495	2 assault of a child in violation of Section 11-1.40 or
2496	2496	3 12-14.1 of the Criminal Code of 1961 or the Criminal Code
2497	2497	4 of 2012; (6) heinous battery of any child in violation of
2498	2498	5 the Criminal Code of 1961; (7) aggravated battery of any
2499	2499	6 child in violation of the Criminal Code of 1961 or the
2500	2500	7 Criminal Code of 2012; (8) any violation of Section
2501	2501	8 11-1.20 or Section 12-13 of the Criminal Code of 1961 or
2502	2502	9 the Criminal Code of 2012; (9) any violation of subsection
2503	2503	10 (a) of Section 11-1.50 or Section 12-16 of the Criminal
2504	2504	11 Code of 1961 or the Criminal Code of 2012; (10) any
2505	2505	12 violation of Section 11-9.1 of the Criminal Code of 1961
2506	2506	13 or the Criminal Code of 2012; (11) any violation of
2507	2507	14 Section 11-9.1A of the Criminal Code of 1961 or the
2508	2508	15 Criminal Code of 2012; or (12) an offense in any other
2509	2509	16 state the elements of which are similar and bear a
2510	2510	17 substantial relationship to any of the enumerated offenses
2511	2511	18 in this subsection (i).
2512	2512	19 There is a rebuttable presumption that a parent is
2513	2513	20 depraved if the parent has been criminally convicted of at
2514	2514	21 least 3 felonies under the laws of this State or any other
2515	2515	22 state, or under federal law, or the criminal laws of any
2516	2516	23 United States territory; and at least one of these
2517	2517	24 convictions took place within 5 years of the filing of the
2518	2518	25 petition or motion seeking termination of parental rights.
2519	2519	26 There is a rebuttable presumption that a parent is
2520	2520
2521	2521
2522	2522
2523	2523
2524	2524
2525	2525	HB2885 - 69 - LRB103 26122 RLC 52478 b
2526	2526
2527	2527
2528	2528	HB2885- 70 -LRB103 26122 RLC 52478 b HB2885 - 70 - LRB103 26122 RLC 52478 b
2529	2529	HB2885 - 70 - LRB103 26122 RLC 52478 b
2530	2530	1 depraved if that parent has been criminally convicted of
2531	2531	2 either first or second degree murder of any person as
2532	2532	3 defined in the Criminal Code of 1961 or the Criminal Code
2533	2533	4 of 2012 within 10 years of the filing date of the petition
2534	2534	5 or motion to terminate parental rights.
2535	2535	6 No conviction or finding of delinquency pursuant to
2536	2536	7 Article 5 of the Juvenile Court Act of 1987 shall be
2537	2537	8 considered a criminal conviction for the purpose of
2538	2538	9 applying any presumption under this item (i).
2539	2539	10 (j) Open and notorious adultery or fornication.
2540	2540	11 (j-1) (Blank).
2541	2541	12 (k) Habitual drunkenness or addiction to drugs, other
2542	2542	13 than those prescribed by a physician, for at least one
2543	2543	14 year immediately prior to the commencement of the
2544	2544	15 unfitness proceeding.
2545	2545	16 There is a rebuttable presumption that a parent is
2546	2546	17 unfit under this subsection with respect to any child to
2547	2547	18 which that parent gives birth where there is a confirmed
2548	2548	19 test result that at birth the child's blood, urine, or
2549	2549	20 meconium contained any amount of a controlled substance as
2550	2550	21 defined in subsection (f) of Section 102 of the Illinois
2551	2551	22 Controlled Substances Act or metabolites of such
2552	2552	23 substances, the presence of which in the newborn infant
2553	2553	24 was not the result of medical treatment administered to
2554	2554	25 the mother or the newborn infant; and the biological
2555	2555	26 mother of this child is the biological mother of at least
2556	2556
2557	2557
2558	2558
2559	2559
2560	2560
2561	2561	HB2885 - 70 - LRB103 26122 RLC 52478 b
2562	2562
2563	2563
2564	2564	HB2885- 71 -LRB103 26122 RLC 52478 b HB2885 - 71 - LRB103 26122 RLC 52478 b
2565	2565	HB2885 - 71 - LRB103 26122 RLC 52478 b
2566	2566	1 one other child who was adjudicated a neglected minor
2567	2567	2 under subsection (c) of Section 2-3 of the Juvenile Court
2568	2568	3 Act of 1987.
2569	2569	4 (l) Failure to demonstrate a reasonable degree of
2570	2570	5 interest, concern or responsibility as to the welfare of a
2571	2571	6 new born child during the first 30 days after its birth.
2572	2572	7 (m) Failure by a parent (i) to make reasonable efforts
2573	2573	8 to correct the conditions that were the basis for the
2574	2574	9 removal of the child from the parent during any 9-month
2575	2575	10 period following the adjudication of neglected or abused
2576	2576	11 minor under Section 2-3 of the Juvenile Court Act of 1987
2577	2577	12 or dependent minor under Section 2-4 of that Act, or (ii)
2578	2578	13 to make reasonable progress toward the return of the child
2579	2579	14 to the parent during any 9-month period following the
2580	2580	15 adjudication of neglected or abused minor under Section
2581	2581	16 2-3 of the Juvenile Court Act of 1987 or dependent minor
2582	2582	17 under Section 2-4 of that Act. If a service plan has been
2583	2583	18 established as required under Section 8.2 of the Abused
2584	2584	19 and Neglected Child Reporting Act to correct the
2585	2585	20 conditions that were the basis for the removal of the
2586	2586	21 child from the parent and if those services were
2587	2587	22 available, then, for purposes of this Act, "failure to
2588	2588	23 make reasonable progress toward the return of the child to
2589	2589	24 the parent" includes the parent's failure to substantially
2590	2590	25 fulfill his or her obligations under the service plan and
2591	2591	26 correct the conditions that brought the child into care
2592	2592
2593	2593
2594	2594
2595	2595
2596	2596
2597	2597	HB2885 - 71 - LRB103 26122 RLC 52478 b
2598	2598
2599	2599
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2601	2601	HB2885 - 72 - LRB103 26122 RLC 52478 b
2602	2602	1 during any 9-month period following the adjudication under
2603	2603	2 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
2604	2604	3 Notwithstanding any other provision, when a petition or
2605	2605	4 motion seeks to terminate parental rights on the basis of
2606	2606	5 item (ii) of this subsection (m), the petitioner shall
2607	2607	6 file with the court and serve on the parties a pleading
2608	2608	7 that specifies the 9-month period or periods relied on.
2609	2609	8 The pleading shall be filed and served on the parties no
2610	2610	9 later than 3 weeks before the date set by the court for
2611	2611	10 closure of discovery, and the allegations in the pleading
2612	2612	11 shall be treated as incorporated into the petition or
2613	2613	12 motion. Failure of a respondent to file a written denial
2614	2614	13 of the allegations in the pleading shall not be treated as
2615	2615	14 an admission that the allegations are true.
2616	2616	15 (m-1) (Blank).
2617	2617	16 (n) Evidence of intent to forgo his or her parental
2618	2618	17 rights, whether or not the child is a ward of the court,
2619	2619	18 (1) as manifested by his or her failure for a period of 12
2620	2620	19 months: (i) to visit the child, (ii) to communicate with
2621	2621	20 the child or agency, although able to do so and not
2622	2622	21 prevented from doing so by an agency or by court order, or
2623	2623	22 (iii) to maintain contact with or plan for the future of
2624	2624	23 the child, although physically able to do so, or (2) as
2625	2625	24 manifested by the father's failure, where he and the
2626	2626	25 mother of the child were unmarried to each other at the
2627	2627	26 time of the child's birth, (i) to commence legal
2628	2628
2629	2629
2630	2630
2631	2631
2632	2632
2633	2633	HB2885 - 72 - LRB103 26122 RLC 52478 b
2634	2634
2635	2635
2636	2636	HB2885- 73 -LRB103 26122 RLC 52478 b HB2885 - 73 - LRB103 26122 RLC 52478 b
2637	2637	HB2885 - 73 - LRB103 26122 RLC 52478 b
2638	2638	1 proceedings to establish his paternity under the Illinois
2639	2639	2 Parentage Act of 1984, the Illinois Parentage Act of 2015,
2640	2640	3 or the law of the jurisdiction of the child's birth within
2641	2641	4 30 days of being informed, pursuant to Section 12a of this
2642	2642	5 Act, that he is the father or the likely father of the
2643	2643	6 child or, after being so informed where the child is not
2644	2644	7 yet born, within 30 days of the child's birth, or (ii) to
2645	2645	8 make a good faith effort to pay a reasonable amount of the
2646	2646	9 expenses related to the birth of the child and to provide a
2647	2647	10 reasonable amount for the financial support of the child,
2648	2648	11 the court to consider in its determination all relevant
2649	2649	12 circumstances, including the financial condition of both
2650	2650	13 parents; provided that the ground for termination provided
2651	2651	14 in this subparagraph (n)(2)(ii) shall only be available
2652	2652	15 where the petition is brought by the mother or the husband
2653	2653	16 of the mother.
2654	2654	17 Contact or communication by a parent with his or her
2655	2655	18 child that does not demonstrate affection and concern does
2656	2656	19 not constitute reasonable contact and planning under
2657	2657	20 subdivision (n). In the absence of evidence to the
2658	2658	21 contrary, the ability to visit, communicate, maintain
2659	2659	22 contact, pay expenses and plan for the future shall be
2660	2660	23 presumed. The subjective intent of the parent, whether
2661	2661	24 expressed or otherwise, unsupported by evidence of the
2662	2662	25 foregoing parental acts manifesting that intent, shall not
2663	2663	26 preclude a determination that the parent has intended to
2664	2664
2665	2665
2666	2666
2667	2667
2668	2668
2669	2669	HB2885 - 73 - LRB103 26122 RLC 52478 b
2670	2670
2671	2671
2672	2672	HB2885- 74 -LRB103 26122 RLC 52478 b HB2885 - 74 - LRB103 26122 RLC 52478 b
2673	2673	HB2885 - 74 - LRB103 26122 RLC 52478 b
2674	2674	1 forgo his or her parental rights. In making this
2675	2675	2 determination, the court may consider but shall not
2676	2676	3 require a showing of diligent efforts by an authorized
2677	2677	4 agency to encourage the parent to perform the acts
2678	2678	5 specified in subdivision (n).
2679	2679	6 It shall be an affirmative defense to any allegation
2680	2680	7 under paragraph (2) of this subsection that the father's
2681	2681	8 failure was due to circumstances beyond his control or to
2682	2682	9 impediments created by the mother or any other person
2683	2683	10 having legal custody. Proof of that fact need only be by a
2684	2684	11 preponderance of the evidence.
2685	2685	12 (o) Repeated or continuous failure by the parents,
2686	2686	13 although physically and financially able, to provide the
2687	2687	14 child with adequate food, clothing, or shelter.
2688	2688	15 (p) Inability to discharge parental responsibilities
2689	2689	16 supported by competent evidence from a psychiatrist,
2690	2690	17 licensed clinical social worker, or clinical psychologist
2691	2691	18 of mental impairment, mental illness or an intellectual
2692	2692	19 disability as defined in Section 1-116 of the Mental
2693	2693	20 Health and Developmental Disabilities Code, or
2694	2694	21 developmental disability as defined in Section 1-106 of
2695	2695	22 that Code, and there is sufficient justification to
2696	2696	23 believe that the inability to discharge parental
2697	2697	24 responsibilities shall extend beyond a reasonable time
2698	2698	25 period. However, this subdivision (p) shall not be
2699	2699	26 construed so as to permit a licensed clinical social
2700	2700
2701	2701
2702	2702
2703	2703
2704	2704
2705	2705	HB2885 - 74 - LRB103 26122 RLC 52478 b
2706	2706
2707	2707
2708	2708	HB2885- 75 -LRB103 26122 RLC 52478 b HB2885 - 75 - LRB103 26122 RLC 52478 b
2709	2709	HB2885 - 75 - LRB103 26122 RLC 52478 b
2710	2710	1 worker to conduct any medical diagnosis to determine
2711	2711	2 mental illness or mental impairment.
2712	2712	3 (q) (Blank).
2713	2713	4 (r) The child is in the temporary custody or
2714	2714	5 guardianship of the Department of Children and Family
2715	2715	6 Services, the parent is incarcerated as a result of
2716	2716	7 criminal conviction at the time the petition or motion for
2717	2717	8 termination of parental rights is filed, prior to
2718	2718	9 incarceration the parent had little or no contact with the
2719	2719	10 child or provided little or no support for the child, and
2720	2720	11 the parent's incarceration will prevent the parent from
2721	2721	12 discharging his or her parental responsibilities for the
2722	2722	13 child for a period in excess of 2 years after the filing of
2723	2723	14 the petition or motion for termination of parental rights.
2724	2724	15 (s) The child is in the temporary custody or
2725	2725	16 guardianship of the Department of Children and Family
2726	2726	17 Services, the parent is incarcerated at the time the
2727	2727	18 petition or motion for termination of parental rights is
2728	2728	19 filed, the parent has been repeatedly incarcerated as a
2729	2729	20 result of criminal convictions, and the parent's repeated
2730	2730	21 incarceration has prevented the parent from discharging
2731	2731	22 his or her parental responsibilities for the child.
2732	2732	23 (t) A finding that at birth the child's blood, urine,
2733	2733	24 or meconium contained any amount of a controlled substance
2734	2734	25 as defined in subsection (f) of Section 102 of the
2735	2735	26 Illinois Controlled Substances Act, or a metabolite of a
2736	2736
2737	2737
2738	2738
2739	2739
2740	2740
2741	2741	HB2885 - 75 - LRB103 26122 RLC 52478 b
2742	2742
2743	2743
2744	2744	HB2885- 76 -LRB103 26122 RLC 52478 b HB2885 - 76 - LRB103 26122 RLC 52478 b
2745	2745	HB2885 - 76 - LRB103 26122 RLC 52478 b
2746	2746	1 controlled substance, with the exception of controlled
2747	2747	2 substances or metabolites of such substances, the presence
2748	2748	3 of which in the newborn infant was the result of medical
2749	2749	4 treatment administered to the mother or the newborn
2750	2750	5 infant, and that the biological mother of this child is
2751	2751	6 the biological mother of at least one other child who was
2752	2752	7 adjudicated a neglected minor under subsection (c) of
2753	2753	8 Section 2-3 of the Juvenile Court Act of 1987, after which
2754	2754	9 the biological mother had the opportunity to enroll in and
2755	2755	10 participate in a clinically appropriate substance abuse
2756	2756	11 counseling, treatment, and rehabilitation program.
2757	2757	12 E. "Parent" means a person who is the legal mother or legal
2758	2758	13 father of the child as defined in subsection X or Y of this
2759	2759	14 Section. For the purpose of this Act, a parent who has executed
2760	2760	15 a consent to adoption, a surrender, or a waiver pursuant to
2761	2761	16 Section 10 of this Act, who has signed a Denial of Paternity
2762	2762	17 pursuant to Section 12 of the Vital Records Act or Section 12a
2763	2763	18 of this Act, or whose parental rights have been terminated by a
2764	2764	19 court, is not a parent of the child who was the subject of the
2765	2765	20 consent, surrender, waiver, or denial unless (1) the consent
2766	2766	21 is void pursuant to subsection O of Section 10 of this Act; or
2767	2767	22 (2) the person executed a consent to adoption by a specified
2768	2768	23 person or persons pursuant to subsection A-1 of Section 10 of
2769	2769	24 this Act and a court of competent jurisdiction finds that the
2770	2770	25 consent is void; or (3) the order terminating the parental
2771	2771	26 rights of the person is vacated by a court of competent
2772	2772
2773	2773
2774	2774
2775	2775
2776	2776
2777	2777	HB2885 - 76 - LRB103 26122 RLC 52478 b
2778	2778
2779	2779
2780	2780	HB2885- 77 -LRB103 26122 RLC 52478 b HB2885 - 77 - LRB103 26122 RLC 52478 b
2781	2781	HB2885 - 77 - LRB103 26122 RLC 52478 b
2782	2782	1 jurisdiction.
2783	2783	2 F. A person is available for adoption when the person is:
2784	2784	3 (a) a child who has been surrendered for adoption to
2785	2785	4 an agency and to whose adoption the agency has thereafter
2786	2786	5 consented;
2787	2787	6 (b) a child to whose adoption a person authorized by
2788	2788	7 law, other than his parents, has consented, or to whose
2789	2789	8 adoption no consent is required pursuant to Section 8 of
2790	2790	9 this Act;
2791	2791	10 (c) a child who is in the custody of persons who intend
2792	2792	11 to adopt him through placement made by his parents;
2793	2793	12 (c-1) a child for whom a parent has signed a specific
2794	2794	13 consent pursuant to subsection O of Section 10;
2795	2795	14 (d) an adult who meets the conditions set forth in
2796	2796	15 Section 3 of this Act; or
2797	2797	16 (e) a child who has been relinquished as defined in
2798	2798	17 Section 10 of the Abandoned Newborn Infant Protection Act.
2799	2799	18 A person who would otherwise be available for adoption
2800	2800	19 shall not be deemed unavailable for adoption solely by reason
2801	2801	20 of his or her death.
2802	2802	21 G. The singular includes the plural and the plural
2803	2803	22 includes the singular and the "male" includes the "female", as
2804	2804	23 the context of this Act may require.
2805	2805	24 H. (Blank).
2806	2806	25 I. "Habitual residence" has the meaning ascribed to it in
2807	2807	26 the federal Intercountry Adoption Act of 2000 and regulations
2808	2808
2809	2809
2810	2810
2811	2811
2812	2812
2813	2813	HB2885 - 77 - LRB103 26122 RLC 52478 b
2814	2814
2815	2815
2816	2816	HB2885- 78 -LRB103 26122 RLC 52478 b HB2885 - 78 - LRB103 26122 RLC 52478 b
2817	2817	HB2885 - 78 - LRB103 26122 RLC 52478 b
2818	2818	1 promulgated thereunder.
2819	2819	2 J. "Immediate relatives" means the biological parents, the
2820	2820	3 parents of the biological parents and siblings of the
2821	2821	4 biological parents.
2822	2822	5 K. "Intercountry adoption" is a process by which a child
2823	2823	6 from a country other than the United States is adopted by
2824	2824	7 persons who are habitual residents of the United States, or
2825	2825	8 the child is a habitual resident of the United States who is
2826	2826	9 adopted by persons who are habitual residents of a country
2827	2827	10 other than the United States.
2828	2828	11 L. (Blank).
2829	2829	12 M. "Interstate Compact on the Placement of Children" is a
2830	2830	13 law enacted by all states and certain territories for the
2831	2831	14 purpose of establishing uniform procedures for handling the
2832	2832	15 interstate placement of children in foster homes, adoptive
2833	2833	16 homes, or other child care facilities.
2834	2834	17 N. (Blank).
2835	2835	18 O. "Preadoption requirements" means any conditions or
2836	2836	19 standards established by the laws or administrative rules of
2837	2837	20 this State that must be met by a prospective adoptive parent
2838	2838	21 prior to the placement of a child in an adoptive home.
2839	2839	22 P. "Abused child" means a child whose parent or immediate
2840	2840	23 family member, or any person responsible for the child's
2841	2841	24 welfare, or any individual residing in the same home as the
2842	2842	25 child, or a paramour of the child's parent:
2843	2843	26 (a) inflicts, causes to be inflicted, or allows to be
2844	2844
2845	2845
2846	2846
2847	2847
2848	2848
2849	2849	HB2885 - 78 - LRB103 26122 RLC 52478 b
2850	2850
2851	2851
2852	2852	HB2885- 79 -LRB103 26122 RLC 52478 b HB2885 - 79 - LRB103 26122 RLC 52478 b
2853	2853	HB2885 - 79 - LRB103 26122 RLC 52478 b
2854	2854	1 inflicted upon the child physical injury, by other than
2855	2855	2 accidental means, that causes death, disfigurement,
2856	2856	3 impairment of physical or emotional health, or loss or
2857	2857	4 impairment of any bodily function;
2858	2858	5 (b) creates a substantial risk of physical injury to
2859	2859	6 the child by other than accidental means which would be
2860	2860	7 likely to cause death, disfigurement, impairment of
2861	2861	8 physical or emotional health, or loss or impairment of any
2862	2862	9 bodily function;
2863	2863	10 (c) commits or allows to be committed any sex offense
2864	2864	11 against the child, as sex offenses are defined in the
2865	2865	12 Criminal Code of 2012 and extending those definitions of
2866	2866	13 sex offenses to include children under 18 years of age;
2867	2867	14 (d) commits or allows to be committed an act or acts of
2868	2868	15 torture upon the child; or
2869	2869	16 (e) inflicts excessive corporal punishment.
2870	2870	17 Q. "Neglected child" means any child whose parent or other
2871	2871	18 person responsible for the child's welfare withholds or denies
2872	2872	19 nourishment or medically indicated treatment including food or
2873	2873	20 care denied solely on the basis of the present or anticipated
2874	2874	21 mental or physical impairment as determined by a physician
2875	2875	22 acting alone or in consultation with other physicians or
2876	2876	23 otherwise does not provide the proper or necessary support,
2877	2877	24 education as required by law, or medical or other remedial
2878	2878	25 care recognized under State law as necessary for a child's
2879	2879	26 well-being, or other care necessary for his or her well-being,
2880	2880
2881	2881
2882	2882
2883	2883
2884	2884
2885	2885	HB2885 - 79 - LRB103 26122 RLC 52478 b
2886	2886
2887	2887
2888	2888	HB2885- 80 -LRB103 26122 RLC 52478 b HB2885 - 80 - LRB103 26122 RLC 52478 b
2889	2889	HB2885 - 80 - LRB103 26122 RLC 52478 b
2890	2890	1 including adequate food, clothing and shelter; or who is
2891	2891	2 abandoned by his or her parents or other person responsible
2892	2892	3 for the child's welfare.
2893	2893	4 A child shall not be considered neglected or abused for
2894	2894	5 the sole reason that the child's parent or other person
2895	2895	6 responsible for his or her welfare depends upon spiritual
2896	2896	7 means through prayer alone for the treatment or cure of
2897	2897	8 disease or remedial care as provided under Section 4 of the
2898	2898	9 Abused and Neglected Child Reporting Act. A child shall not be
2899	2899	10 considered neglected or abused for the sole reason that the
2900	2900	11 child's parent or other person responsible for the child's
2901	2901	12 welfare failed to vaccinate, delayed vaccination, or refused
2902	2902	13 vaccination for the child due to a waiver on religious or
2903	2903	14 medical grounds as permitted by law.
2904	2904	15 R. "Putative father" means a man who may be a child's
2905	2905	16 father, but who (1) is not married to the child's mother on or
2906	2906	17 before the date that the child was or is to be born and (2) has
2907	2907	18 not established paternity of the child in a court proceeding
2908	2908	19 before the filing of a petition for the adoption of the child.
2909	2909	20 The term includes a male who is less than 18 years of age.
2910	2910	21 "Putative father" does not mean a man who is the child's father
2911	2911	22 as a result of criminal sexual abuse or assault as defined
2912	2912	23 under Article 11 of the Criminal Code of 2012.
2913	2913	24 S. "Standby adoption" means an adoption in which a parent
2914	2914	25 consents to custody and termination of parental rights to
2915	2915	26 become effective upon the occurrence of a future event, which
2916	2916
2917	2917
2918	2918
2919	2919
2920	2920
2921	2921	HB2885 - 80 - LRB103 26122 RLC 52478 b
2922	2922
2923	2923
2924	2924	HB2885- 81 -LRB103 26122 RLC 52478 b HB2885 - 81 - LRB103 26122 RLC 52478 b
2925	2925	HB2885 - 81 - LRB103 26122 RLC 52478 b
2926	2926	1 is either the death of the parent or the request of the parent
2927	2927	2 for the entry of a final judgment of adoption.
2928	2928	3 T. (Blank).
2929	2929	4 T-5. "Biological parent", "birth parent", or "natural
2930	2930	5 parent" of a child are interchangeable terms that mean a
2931	2931	6 person who is biologically or genetically related to that
2932	2932	7 child as a parent.
2933	2933	8 U. "Interstate adoption" means the placement of a minor
2934	2934	9 child with a prospective adoptive parent for the purpose of
2935	2935	10 pursuing an adoption for that child that is subject to the
2936	2936	11 provisions of the Interstate Compact on the Placement of
2937	2937	12 Children.
2938	2938	13 V. (Blank).
2939	2939	14 W. (Blank).
2940	2940	15 X. "Legal father" of a child means a man who is recognized
2941	2941	16 as or presumed to be that child's father:
2942	2942	17 (1) because of his marriage to or civil union with the
2943	2943	18 child's parent at the time of the child's birth or within
2944	2944	19 300 days prior to that child's birth, unless he signed a
2945	2945	20 denial of paternity pursuant to Section 12 of the Vital
2946	2946	21 Records Act or a waiver pursuant to Section 10 of this Act;
2947	2947	22 or
2948	2948	23 (2) because his paternity of the child has been
2949	2949	24 established pursuant to the Illinois Parentage Act, the
2950	2950	25 Illinois Parentage Act of 1984, or the Gestational
2951	2951	26 Surrogacy Act; or
2952	2952
2953	2953
2954	2954
2955	2955
2956	2956
2957	2957	HB2885 - 81 - LRB103 26122 RLC 52478 b
2958	2958
2959	2959
2960	2960	HB2885- 82 -LRB103 26122 RLC 52478 b HB2885 - 82 - LRB103 26122 RLC 52478 b
2961	2961	HB2885 - 82 - LRB103 26122 RLC 52478 b
2962	2962	1 (3) because he is listed as the child's father or
2963	2963	2 parent on the child's birth certificate, unless he is
2964	2964	3 otherwise determined by an administrative or judicial
2965	2965	4 proceeding not to be the parent of the child or unless he
2966	2966	5 rescinds his acknowledgment of paternity pursuant to the
2967	2967	6 Illinois Parentage Act of 1984; or
2968	2968	7 (4) because his paternity or adoption of the child has
2969	2969	8 been established by a court of competent jurisdiction.
2970	2970	9 The definition in this subsection X shall not be construed
2971	2971	10 to provide greater or lesser rights as to the number of parents
2972	2972	11 who can be named on a final judgment order of adoption or
2973	2973	12 Illinois birth certificate that otherwise exist under Illinois
2974	2974	13 law.
2975	2975	14 Y. "Legal mother" of a child means a woman who is
2976	2976	15 recognized as or presumed to be that child's mother:
2977	2977	16 (1) because she gave birth to the child except as
2978	2978	17 provided in the Gestational Surrogacy Act; or
2979	2979	18 (2) because her maternity of the child has been
2980	2980	19 established pursuant to the Illinois Parentage Act of 1984
2981	2981	20 or the Gestational Surrogacy Act; or
2982	2982	21 (3) because her maternity or adoption of the child has
2983	2983	22 been established by a court of competent jurisdiction; or
2984	2984	23 (4) because of her marriage to or civil union with the
2985	2985	24 child's other parent at the time of the child's birth or
2986	2986	25 within 300 days prior to the time of birth; or
2987	2987	26 (5) because she is listed as the child's mother or
2988	2988
2989	2989
2990	2990
2991	2991
2992	2992
2993	2993	HB2885 - 82 - LRB103 26122 RLC 52478 b
2994	2994
2995	2995
2996	2996	HB2885- 83 -LRB103 26122 RLC 52478 b HB2885 - 83 - LRB103 26122 RLC 52478 b
2997	2997	HB2885 - 83 - LRB103 26122 RLC 52478 b
2998	2998	1 parent on the child's birth certificate unless she is
2999	2999	2 otherwise determined by an administrative or judicial
3000	3000	3 proceeding not to be the parent of the child.
3001	3001	4 The definition in this subsection Y shall not be construed
3002	3002	5 to provide greater or lesser rights as to the number of parents
3003	3003	6 who can be named on a final judgment order of adoption or
3004	3004	7 Illinois birth certificate that otherwise exist under Illinois
3005	3005	8 law.
3006	3006	9 Z. "Department" means the Illinois Department of Children
3007	3007	10 and Family Services.
3008	3008	11 AA. "Placement disruption" means a circumstance where the
3009	3009	12 child is removed from an adoptive placement before the
3010	3010	13 adoption is finalized.
3011	3011	14 BB. "Secondary placement" means a placement, including but
3012	3012	15 not limited to the placement of a youth in care as defined in
3013	3013	16 Section 4d of the Children and Family Services Act, that
3014	3014	17 occurs after a placement disruption or an adoption
3015	3015	18 dissolution. "Secondary placement" does not mean secondary
3016	3016	19 placements arising due to the death of the adoptive parent of
3017	3017	20 the child.
3018	3018	21 CC. "Adoption dissolution" means a circumstance where the
3019	3019	22 child is removed from an adoptive placement after the adoption
3020	3020	23 is finalized.
3021	3021	24 DD. "Unregulated placement" means the secondary placement
3022	3022	25 of a child that occurs without the oversight of the courts, the
3023	3023	26 Department, or a licensed child welfare agency.
3024	3024
3025	3025
3026	3026
3027	3027
3028	3028
3029	3029	HB2885 - 83 - LRB103 26122 RLC 52478 b
3030	3030
3031	3031
3032	3032	HB2885- 84 -LRB103 26122 RLC 52478 b HB2885 - 84 - LRB103 26122 RLC 52478 b
3033	3033	HB2885 - 84 - LRB103 26122 RLC 52478 b
3034	3034	1 EE. "Post-placement and post-adoption support services"
3035	3035	2 means support services for placed or adopted children and
3036	3036	3 families that include, but are not limited to, mental health
3037	3037	4 treatment, including counseling and other support services for
3038	3038	5 emotional, behavioral, or developmental needs, and treatment
3039	3039	6 for substance abuse.
3040	3040	7 FF. "Youth in care" has the meaning provided in Section 4d
3041	3041	8 of the Children and Family Services Act.
3042	3042	9 (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
3043	3043	10 102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
3044	3044
3045	3045
3046	3046
3047	3047
3048	3048
3049	3049	HB2885 - 84 - LRB103 26122 RLC 52478 b