Illinois 2023-2024 Regular Session

Illinois House Bill HB5036 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 HB5036 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 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" in cases that involve reunification by the Department of Children and Family Services. 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. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. 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. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act. LRB103 37042 RLC 67157 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5036 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 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 405/2-28 750 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" in cases that involve reunification by the Department of Children and Family Services. 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. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. 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. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act. LRB103 37042 RLC 67157 b LRB103 37042 RLC 67157 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5036 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 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 405/2-28 750 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
11	11	750 ILCS 50/1 from Ch. 40, par. 1501
12	12	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" in cases that involve reunification by the Department of Children and Family Services. 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. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. 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. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.
13	13	LRB103 37042 RLC 67157 b LRB103 37042 RLC 67157 b
14	14	LRB103 37042 RLC 67157 b
15	15	A BILL FOR
16	16	HB5036LRB103 37042 RLC 67157 b HB5036 LRB103 37042 RLC 67157 b
17	17	HB5036 LRB103 37042 RLC 67157 b
18	18	1 AN ACT concerning courts.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Juvenile Court Act of 1987 is amended by
22	22	5 changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28
23	23	6 as follows:
24	24	7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
25	25	8 Sec. 1-2. Purpose and policy.
26	26	9 (1) The purpose of this Act is to secure for each minor
27	27	10 subject hereto such care and guidance, preferably in the
28	28	11 minor's own home, as will serve the safety and moral,
29	29	12 emotional, mental, and physical welfare of the minor and the
30	30	13 best interests of the community; to preserve and strengthen
31	31	14 the minor's family ties whenever possible, removing the minor
32	32	15 from the custody of the minor's parents only when the minor's
33	33	16 safety or welfare or the protection of the public cannot be
34	34	17 adequately safeguarded without removal; if the child is
35	35	18 removed from the custody of the minor's parent, the Department
36	36	19 of Children and Family Services immediately shall consider
37	37	20 concurrent planning, as described in Section 5 of the Children
38	38	21 and Family Services Act so that permanency may occur at the
39	39	22 earliest opportunity; consideration should be given so that if
40	40	23 reunification fails or is delayed, the placement made is the
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5036 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
45	45	705 ILCS 405/1-2 from Ch. 37, par. 801-2705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-10 from Ch. 37, par. 802-10705 ILCS 405/2-13 from Ch. 37, par. 802-13705 ILCS 405/2-13.1705 ILCS 405/2-21 from Ch. 37, par. 802-21705 ILCS 405/2-28750 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 405/2-28 750 ILCS 50/1 from Ch. 40, par. 1501
46	46	705 ILCS 405/1-2 from Ch. 37, par. 801-2
47	47	705 ILCS 405/1-3 from Ch. 37, par. 801-3
48	48	705 ILCS 405/2-10 from Ch. 37, par. 802-10
49	49	705 ILCS 405/2-13 from Ch. 37, par. 802-13
50	50	705 ILCS 405/2-13.1
51	51	705 ILCS 405/2-21 from Ch. 37, par. 802-21
52	52	705 ILCS 405/2-28
53	53	750 ILCS 50/1 from Ch. 40, par. 1501
54	54	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" in cases that involve reunification by the Department of Children and Family Services. 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. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. 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. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.
55	55	LRB103 37042 RLC 67157 b LRB103 37042 RLC 67157 b
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57	57	A BILL FOR
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63	63	705 ILCS 405/1-2 from Ch. 37, par. 801-2
64	64	705 ILCS 405/1-3 from Ch. 37, par. 801-3
65	65	705 ILCS 405/2-10 from Ch. 37, par. 802-10
66	66	705 ILCS 405/2-13 from Ch. 37, par. 802-13
67	67	705 ILCS 405/2-13.1
68	68	705 ILCS 405/2-21 from Ch. 37, par. 802-21
69	69	705 ILCS 405/2-28
70	70	750 ILCS 50/1 from Ch. 40, par. 1501
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89	89	1 best available placement to provide permanency for the child;
90	90	2 and, when the minor is removed from the minor's own family, to
91	91	3 secure for the minor custody, care and discipline as nearly as
92	92	4 possible equivalent to that which should be given by the
93	93	5 minor's parents, and in cases where it should and can properly
94	94	6 be done to place the minor in a family home so that the minor
95	95	7 may become a member of the family by legal adoption or
96	96	8 otherwise. Provided that a ground for unfitness under the
97	97	9 Adoption Act can be met, it may be appropriate to expedite
98	98	10 termination of parental rights:
99	99	11 (a) when active reasonable efforts are inappropriate,
100	100	12 or have been provided and were unsuccessful, and there are
101	101	13 aggravating circumstances including, but not limited to,
102	102	14 those cases in which (i) the child or another child of that
103	103	15 child's parent was (A) abandoned, (B) tortured, or (C)
104	104	16 chronically abused or (ii) the parent is criminally
105	105	17 convicted of (A) first degree murder or second degree
106	106	18 murder of any child, (B) attempt or conspiracy to commit
107	107	19 first degree murder or second degree murder of any child,
108	108	20 (C) solicitation to commit murder, solicitation to commit
109	109	21 murder for hire, solicitation to commit second degree
110	110	22 murder of any child, or aggravated assault in violation of
111	111	23 subdivision (a)(13) of Section 12-2 of the Criminal Code
112	112	24 of 1961 or the Criminal Code of 2012, or (D) aggravated
113	113	25 criminal sexual assault in violation of Section
114	114	26 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of
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125	125	1 1961 or the Criminal Code of 2012; or
126	126	2 (b) when the parental rights of a parent with respect
127	127	3 to another child of the parent have been involuntarily
128	128	4 terminated; or
129	129	5 (c) in those extreme cases in which the parent's
130	130	6 incapacity to care for the child, combined with an
131	131	7 extremely poor prognosis for treatment or rehabilitation,
132	132	8 justifies expedited termination of parental rights.
133	133	9 (2) In all proceedings under this Act the court may direct
134	134	10 the course thereof so as promptly to ascertain the
135	135	11 jurisdictional facts and fully to gather information bearing
136	136	12 upon the current condition and future welfare of persons
137	137	13 subject to this Act. This Act shall be administered in a spirit
138	138	14 of humane concern, not only for the rights of the parties, but
139	139	15 also for the fears and the limits of understanding of all who
140	140	16 appear before the court.
141	141	17 (3) In all procedures under this Act, the following shall
142	142	18 apply:
143	143	19 (a) The procedural rights assured to the minor shall
144	144	20 be the rights of adults unless specifically precluded by
145	145	21 laws which enhance the protection of such minors.
146	146	22 (b) Every child has a right to services necessary to
147	147	23 the child's safety and proper development, including
148	148	24 health, education and social services.
149	149	25 (c) The parents' right to the custody of their child
150	150	26 shall not prevail when the court determines that it is
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161	161	1 contrary to the health, safety, and best interests of the
162	162	2 child.
163	163	3 (4) This Act shall be liberally construed to carry out the
164	164	4 foregoing purpose and policy.
165	165	5 (Source: P.A. 103-22, eff. 8-8-23.)
166	166	6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
167	167	7 Sec. 1-3. Definitions. Terms used in this Act, unless the
168	168	8 context otherwise requires, have the following meanings
169	169	9 ascribed to them:
170	170	10 (.05) "Active efforts" means efforts that are affirmative,
171	171	11 active, thorough, timely and intended to maintain or reunite a
172	172	12 child with the child's family and represent a higher standard
173	173	13 of conduct than reasonable efforts.
174	174	14 (1) "Adjudicatory hearing" means a hearing to determine
175	175	15 whether the allegations of a petition under Section 2-13,
176	176	16 3-15, or 4-12 that a minor under 18 years of age is abused,
177	177	17 neglected, or dependent, or requires authoritative
178	178	18 intervention, or addicted, respectively, are supported by a
179	179	19 preponderance of the evidence or whether the allegations of a
180	180	20 petition under Section 5-520 that a minor is delinquent are
181	181	21 proved beyond a reasonable doubt.
182	182	22 (2) "Adult" means a person 21 years of age or older.
183	183	23 (3) "Agency" means a public or private child care facility
184	184	24 legally authorized or licensed by this State for placement or
185	185	25 institutional care or for both placement and institutional
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196	196	1 care.
197	197	2 (4) "Association" means any organization, public or
198	198	3 private, engaged in welfare functions which include services
199	199	4 to or on behalf of children but does not include "agency" as
200	200	5 herein defined.
201	201	6 (4.05) Whenever a "best interest" determination is
202	202	7 required, the following factors shall be considered in the
203	203	8 context of the child's age and developmental needs:
204	204	9 (a) the physical safety and welfare of the child,
205	205	10 including food, shelter, health, and clothing;
206	206	11 (b) the development of the child's identity;
207	207	12 (c) the child's background and ties, including
208	208	13 familial, cultural, and religious;
209	209	14 (d) the child's sense of attachments, including:
210	210	15 (i) where the child actually feels love,
211	211	16 attachment, and a sense of being valued (as opposed to
212	212	17 where adults believe the child should feel such love,
213	213	18 attachment, and a sense of being valued);
214	214	19 (ii) the child's sense of security;
215	215	20 (iii) the child's sense of familiarity;
216	216	21 (iv) continuity of affection for the child;
217	217	22 (v) the least disruptive placement alternative for
218	218	23 the child;
219	219	24 (e) the child's wishes and long-term goals;
220	220	25 (f) the child's community ties, including church,
221	221	26 school, and friends;
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232	232	1 (g) the child's need for permanence which includes the
233	233	2 child's need for stability and continuity of relationships
234	234	3 with parent figures and with siblings and other relatives;
235	235	4 (h) the uniqueness of every family and child;
236	236	5 (i) the risks attendant to entering and being in
237	237	6 substitute care; and
238	238	7 (j) the preferences of the persons available to care
239	239	8 for the child.
240	240	9 (4.1) "Chronic truant" shall have the definition ascribed
241	241	10 to it in Section 26-2a of the School Code.
242	242	11 (5) "Court" means the circuit court in a session or
243	243	12 division assigned to hear proceedings under this Act.
244	244	13 (6) "Dispositional hearing" means a hearing to determine
245	245	14 whether a minor should be adjudged to be a ward of the court,
246	246	15 and to determine what order of disposition should be made in
247	247	16 respect to a minor adjudged to be a ward of the court.
248	248	17 (6.5) "Dissemination" or "disseminate" means to publish,
249	249	18 produce, print, manufacture, distribute, sell, lease, exhibit,
250	250	19 broadcast, display, transmit, or otherwise share information
251	251	20 in any format so as to make the information accessible to
252	252	21 others.
253	253	22 (7) "Emancipated minor" means any minor 16 years of age or
254	254	23 over who has been completely or partially emancipated under
255	255	24 the Emancipation of Minors Act or under this Act.
256	256	25 (7.03) "Expunge" means to physically destroy the records
257	257	26 and to obliterate the minor's name from any official index,
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268	268	1 public record, or electronic database.
269	269	2 (7.05) "Foster parent" includes a relative caregiver
270	270	3 selected by the Department of Children and Family Services to
271	271	4 provide care for the minor.
272	272	5 (8) "Guardianship of the person" of a minor means the duty
273	273	6 and authority to act in the best interests of the minor,
274	274	7 subject to residual parental rights and responsibilities, to
275	275	8 make important decisions in matters having a permanent effect
276	276	9 on the life and development of the minor and to be concerned
277	277	10 with the minor's general welfare. It includes but is not
278	278	11 necessarily limited to:
279	279	12 (a) the authority to consent to marriage, to
280	280	13 enlistment in the armed forces of the United States, or to
281	281	14 a major medical, psychiatric, and surgical treatment; to
282	282	15 represent the minor in legal actions; and to make other
283	283	16 decisions of substantial legal significance concerning the
284	284	17 minor;
285	285	18 (b) the authority and duty of reasonable visitation,
286	286	19 except to the extent that these have been limited in the
287	287	20 best interests of the minor by court order;
288	288	21 (c) the rights and responsibilities of legal custody
289	289	22 except where legal custody has been vested in another
290	290	23 person or agency; and
291	291	24 (d) the power to consent to the adoption of the minor,
292	292	25 but only if expressly conferred on the guardian in
293	293	26 accordance with Section 2-29, 3-30, or 4-27.
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304	304	1 (8.1) "Juvenile court record" includes, but is not limited
305	305	2 to:
306	306	3 (a) all documents filed in or maintained by the
307	307	4 juvenile court pertaining to a specific incident,
308	308	5 proceeding, or individual;
309	309	6 (b) all documents relating to a specific incident,
310	310	7 proceeding, or individual made available to or maintained
311	311	8 by probation officers;
312	312	9 (c) all documents, video or audio tapes, photographs,
313	313	10 and exhibits admitted into evidence at juvenile court
314	314	11 hearings; or
315	315	12 (d) all documents, transcripts, records, reports, or
316	316	13 other evidence prepared by, maintained by, or released by
317	317	14 any municipal, county, or State agency or department, in
318	318	15 any format, if indicating involvement with the juvenile
319	319	16 court relating to a specific incident, proceeding, or
320	320	17 individual.
321	321	18 (8.2) "Juvenile law enforcement record" includes records
322	322	19 of arrest, station adjustments, fingerprints, probation
323	323	20 adjustments, the issuance of a notice to appear, or any other
324	324	21 records or documents maintained by any law enforcement agency
325	325	22 relating to a minor suspected of committing an offense, and
326	326	23 records maintained by a law enforcement agency that identifies
327	327	24 a juvenile as a suspect in committing an offense, but does not
328	328	25 include records identifying a juvenile as a victim, witness,
329	329	26 or missing juvenile and any records created, maintained, or
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340	340	1 used for purposes of referral to programs relating to
341	341	2 diversion as defined in subsection (6) of Section 5-105.
342	342	3 (9) "Legal custody" means the relationship created by an
343	343	4 order of court in the best interests of the minor which imposes
344	344	5 on the custodian the responsibility of physical possession of
345	345	6 a minor and the duty to protect, train and discipline the minor
346	346	7 and to provide the minor with food, shelter, education, and
347	347	8 ordinary medical care, except as these are limited by residual
348	348	9 parental rights and responsibilities and the rights and
349	349	10 responsibilities of the guardian of the person, if any.
350	350	11 (9.1) "Mentally capable adult relative" means a person 21
351	351	12 years of age or older who is not suffering from a mental
352	352	13 illness that prevents the person from providing the care
353	353	14 necessary to safeguard the physical safety and welfare of a
354	354	15 minor who is left in that person's care by the parent or
355	355	16 parents or other person responsible for the minor's welfare.
356	356	17 (10) "Minor" means a person under the age of 21 years
357	357	18 subject to this Act.
358	358	19 (11) "Parent" means a father or mother of a child and
359	359	20 includes any adoptive parent. It also includes a person (i)
360	360	21 whose parentage is presumed or has been established under the
361	361	22 law of this or another jurisdiction or (ii) who has registered
362	362	23 with the Putative Father Registry in accordance with Section
363	363	24 12.1 of the Adoption Act and whose paternity has not been ruled
364	364	25 out under the law of this or another jurisdiction. It does not
365	365	26 include a parent whose rights in respect to the minor have been
366	366
367	367
368	368
369	369
370	370
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372	372
373	373
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375	375	HB5036 - 10 - LRB103 37042 RLC 67157 b
376	376	1 terminated in any manner provided by law. It does not include a
377	377	2 person who has been or could be determined to be a parent under
378	378	3 the Illinois Parentage Act of 1984 or the Illinois Parentage
379	379	4 Act of 2015, or similar parentage law in any other state, if
380	380	5 that person has been convicted of or pled nolo contendere to a
381	381	6 crime that resulted in the conception of the child under
382	382	7 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
383	383	8 12-14.1, subsection (a) or (b) (but not subsection (c)) of
384	384	9 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
385	385	10 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
386	386	11 Criminal Code of 1961 or the Criminal Code of 2012, or similar
387	387	12 statute in another jurisdiction unless upon motion of any
388	388	13 party, other than the offender, to the juvenile court
389	389	14 proceedings the court finds it is in the child's best interest
390	390	15 to deem the offender a parent for purposes of the juvenile
391	391	16 court proceedings.
392	392	17 (11.1) "Permanency goal" means a goal set by the court as
393	393	18 defined in subdivision (2) of Section 2-28.
394	394	19 (11.2) "Permanency hearing" means a hearing to set the
395	395	20 permanency goal and to review and determine (i) the
396	396	21 appropriateness of the services contained in the plan and
397	397	22 whether those services have been provided, (ii) whether
398	398	23 reasonable efforts have been made by all the parties to the
399	399	24 service plan to achieve the goal, and (iii) whether the plan
400	400	25 and goal have been achieved.
401	401	26 (12) "Petition" means the petition provided for in Section
402	402
403	403
404	404
405	405
406	406
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408	408
409	409
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411	411	HB5036 - 11 - LRB103 37042 RLC 67157 b
412	412	1 2-13, 3-15, 4-12, or 5-520, including any supplemental
413	413	2 petitions thereunder in Section 3-15, 4-12, or 5-520.
414	414	3 (12.1) "Physically capable adult relative" means a person
415	415	4 21 years of age or older who does not have a severe physical
416	416	5 disability or medical condition, or is not suffering from
417	417	6 alcoholism or drug addiction, that prevents the person from
418	418	7 providing the care necessary to safeguard the physical safety
419	419	8 and welfare of a minor who is left in that person's care by the
420	420	9 parent or parents or other person responsible for the minor's
421	421	10 welfare.
422	422	11 (12.2) "Post Permanency Sibling Contact Agreement" has the
423	423	12 meaning ascribed to the term in Section 7.4 of the Children and
424	424	13 Family Services Act.
425	425	14 (12.3) "Residential treatment center" means a licensed
426	426	15 setting that provides 24-hour care to children in a group home
427	427	16 or institution, including a facility licensed as a child care
428	428	17 institution under Section 2.06 of the Child Care Act of 1969, a
429	429	18 licensed group home under Section 2.16 of the Child Care Act of
430	430	19 1969, a qualified residential treatment program under Section
431	431	20 2.35 of the Child Care Act of 1969, a secure child care
432	432	21 facility as defined in paragraph (18) of this Section, or any
433	433	22 similar facility in another state. "Residential treatment
434	434	23 center" does not include a relative foster home or a licensed
435	435	24 foster family home.
436	436	25 (13) "Residual parental rights and responsibilities" means
437	437	26 those rights and responsibilities remaining with the parent
438	438
439	439
440	440
441	441
442	442
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444	444
445	445
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447	447	HB5036 - 12 - LRB103 37042 RLC 67157 b
448	448	1 after the transfer of legal custody or guardianship of the
449	449	2 person, including, but not necessarily limited to, the right
450	450	3 to reasonable visitation (which may be limited by the court in
451	451	4 the best interests of the minor as provided in subsection
452	452	5 (8)(b) of this Section), the right to consent to adoption, the
453	453	6 right to determine the minor's religious affiliation, and the
454	454	7 responsibility for the minor's support.
455	455	8 (14) "Shelter" means the temporary care of a minor in
456	456	9 physically unrestricting facilities pending court disposition
457	457	10 or execution of court order for placement.
458	458	11 (14.05) "Shelter placement" means a temporary or emergency
459	459	12 placement for a minor, including an emergency foster home
460	460	13 placement.
461	461	14 (14.1) "Sibling Contact Support Plan" has the meaning
462	462	15 ascribed to the term in Section 7.4 of the Children and Family
463	463	16 Services Act.
464	464	17 (14.2) "Significant event report" means a written document
465	465	18 describing an occurrence or event beyond the customary
466	466	19 operations, routines, or relationships in the Department of
467	467	20 Children of Family Services, a child care facility, or other
468	468	21 entity that is licensed or regulated by the Department of
469	469	22 Children of Family Services or that provides services for the
470	470	23 Department of Children of Family Services under a grant,
471	471	24 contract, or purchase of service agreement; involving children
472	472	25 or youth, employees, foster parents, or relative caregivers;
473	473	26 allegations of abuse or neglect or any other incident raising
474	474
475	475
476	476
477	477
478	478
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480	480
481	481
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483	483	HB5036 - 13 - LRB103 37042 RLC 67157 b
484	484	1 a concern about the well-being of a minor under the
485	485	2 jurisdiction of the court under Article II of the Juvenile
486	486	3 Court Act of 1987; incidents involving damage to property,
487	487	4 allegations of criminal activity, misconduct, or other
488	488	5 occurrences affecting the operations of the Department of
489	489	6 Children of Family Services or a child care facility; any
490	490	7 incident that could have media impact; and unusual incidents
491	491	8 as defined by Department of Children and Family Services rule.
492	492	9 (15) "Station adjustment" means the informal handling of
493	493	10 an alleged offender by a juvenile police officer.
494	494	11 (16) "Ward of the court" means a minor who is so adjudged
495	495	12 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
496	496	13 the requisite jurisdictional facts, and thus is subject to the
497	497	14 dispositional powers of the court under this Act.
498	498	15 (17) "Juvenile police officer" means a sworn police
499	499	16 officer who has completed a Basic Recruit Training Course, has
500	500	17 been assigned to the position of juvenile police officer by
501	501	18 the officer's chief law enforcement officer and has completed
502	502	19 the necessary juvenile officers training as prescribed by the
503	503	20 Illinois Law Enforcement Training Standards Board, or in the
504	504	21 case of a State police officer, juvenile officer training
505	505	22 approved by the Director of the Illinois State Police.
506	506	23 (18) "Secure child care facility" means any child care
507	507	24 facility licensed by the Department of Children and Family
508	508	25 Services to provide secure living arrangements for children
509	509	26 under 18 years of age who are subject to placement in
510	510
511	511
512	512
513	513
514	514
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516	516
517	517
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519	519	HB5036 - 14 - LRB103 37042 RLC 67157 b
520	520	1 facilities under the Children and Family Services Act and who
521	521	2 are not subject to placement in facilities for whom standards
522	522	3 are established by the Department of Corrections under Section
523	523	4 3-15-2 of the Unified Code of Corrections. "Secure child care
524	524	5 facility" also means a facility that is designed and operated
525	525	6 to ensure that all entrances and exits from the facility, a
526	526	7 building, or a distinct part of the building are under the
527	527	8 exclusive control of the staff of the facility, whether or not
528	528	9 the child has the freedom of movement within the perimeter of
529	529	10 the facility, building, or distinct part of the building.
530	530	11 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
531	531	12 103-564, eff. 11-17-23.)
532	532	13 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
533	533	14 Sec. 2-10. Temporary custody hearing. At the appearance of
534	534	15 the minor before the court at the temporary custody hearing,
535	535	16 all witnesses present shall be examined before the court in
536	536	17 relation to any matter connected with the allegations made in
537	537	18 the petition.
538	538	19 (1) If the court finds that there is not probable cause to
539	539	20 believe that the minor is abused, neglected, or dependent it
540	540	21 shall release the minor and dismiss the petition.
541	541	22 (2) If the court finds that there is probable cause to
542	542	23 believe that the minor is abused, neglected, or dependent, the
543	543	24 court shall state in writing the factual basis supporting its
544	544	25 finding and the minor, the minor's parent, guardian, or
545	545
546	546
547	547
548	548
549	549
550	550	HB5036 - 14 - LRB103 37042 RLC 67157 b
551	551
552	552
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554	554	HB5036 - 15 - LRB103 37042 RLC 67157 b
555	555	1 custodian, and other persons able to give relevant testimony
556	556	2 shall be examined before the court. The Department of Children
557	557	3 and Family Services shall give testimony concerning indicated
558	558	4 reports of abuse and neglect, of which they are aware through
559	559	5 the central registry, involving the minor's parent, guardian,
560	560	6 or custodian. After such testimony, the court may, consistent
561	561	7 with the health, safety, and best interests of the minor,
562	562	8 enter an order that the minor shall be released upon the
563	563	9 request of parent, guardian, or custodian if the parent,
564	564	10 guardian, or custodian appears to take custody. If it is
565	565	11 determined that a parent's, guardian's, or custodian's
566	566	12 compliance with critical services mitigates the necessity for
567	567	13 removal of the minor from the minor's home, the court may enter
568	568	14 an Order of Protection setting forth reasonable conditions of
569	569	15 behavior that a parent, guardian, or custodian must observe
570	570	16 for a specified period of time, not to exceed 12 months,
571	571	17 without a violation; provided, however, that the 12-month
572	572	18 period shall begin anew after any violation. "Custodian"
573	573	19 includes the Department of Children and Family Services, if it
574	574	20 has been given custody of the child, or any other agency of the
575	575	21 State which has been given custody or wardship of the child. If
576	576	22 it is consistent with the health, safety, and best interests
577	577	23 of the minor, the court may also prescribe shelter care and
578	578	24 order that the minor be kept in a suitable place designated by
579	579	25 the court or in a shelter care facility designated by the
580	580	26 Department of Children and Family Services or a licensed child
581	581
582	582
583	583
584	584
585	585
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587	587
588	588
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590	590	HB5036 - 16 - LRB103 37042 RLC 67157 b
591	591	1 welfare agency; however, on and after January 1, 2015 (the
592	592	2 effective date of Public Act 98-803) and before January 1,
593	593	3 2017, a minor charged with a criminal offense under the
594	594	4 Criminal Code of 1961 or the Criminal Code of 2012 or
595	595	5 adjudicated delinquent shall not be placed in the custody of
596	596	6 or committed to the Department of Children and Family Services
597	597	7 by any court, except a minor less than 16 years of age and
598	598	8 committed to the Department of Children and Family Services
599	599	9 under Section 5-710 of this Act or a minor for whom an
600	600	10 independent basis of abuse, neglect, or dependency exists; and
601	601	11 on and after January 1, 2017, a minor charged with a criminal
602	602	12 offense under the Criminal Code of 1961 or the Criminal Code of
603	603	13 2012 or adjudicated delinquent shall not be placed in the
604	604	14 custody of or committed to the Department of Children and
605	605	15 Family Services by any court, except a minor less than 15 years
606	606	16 of age and committed to the Department of Children and Family
607	607	17 Services under Section 5-710 of this Act or a minor for whom an
608	608	18 independent basis of abuse, neglect, or dependency exists. An
609	609	19 independent basis exists when the allegations or adjudication
610	610	20 of abuse, neglect, or dependency do not arise from the same
611	611	21 facts, incident, or circumstances which give rise to a charge
612	612	22 or adjudication of delinquency.
613	613	23 In placing the minor, the Department or other agency
614	614	24 shall, to the extent compatible with the court's order, comply
615	615	25 with Section 7 of the Children and Family Services Act. In
616	616	26 determining the health, safety, and best interests of the
617	617
618	618
619	619
620	620
621	621
622	622	HB5036 - 16 - LRB103 37042 RLC 67157 b
623	623
624	624
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626	626	HB5036 - 17 - LRB103 37042 RLC 67157 b
627	627	1 minor to prescribe shelter care, the court must find that it is
628	628	2 a matter of immediate and urgent necessity for the safety, and
629	629	3 protection of the minor or of the person or property of another
630	630	4 that the minor be placed in a shelter care facility or that the
631	631	5 minor is likely to flee the jurisdiction of the court, and must
632	632	6 further find that active reasonable efforts have been made or
633	633	7 that, consistent with the health, safety and best interests of
634	634	8 the minor, no efforts reasonably can be made to prevent or
635	635	9 eliminate the necessity of removal of the minor from the
636	636	10 minor's home. The court shall require documentation from the
637	637	11 Department of Children and Family Services as to the active
638	638	12 reasonable efforts that were made to prevent or eliminate the
639	639	13 necessity of removal of the minor from the minor's home or the
640	640	14 reasons why no efforts reasonably could be made to prevent or
641	641	15 eliminate the necessity of removal. When a minor is placed in
642	642	16 the home of a relative, the Department of Children and Family
643	643	17 Services shall complete a preliminary background review of the
644	644	18 members of the minor's custodian's household in accordance
645	645	19 with Section 4.3 of the Child Care Act of 1969 within 90 days
646	646	20 of that placement. If the minor is ordered placed in a shelter
647	647	21 care facility of the Department of Children and Family
648	648	22 Services or a licensed child welfare agency, the court shall,
649	649	23 upon request of the appropriate Department or other agency,
650	650	24 appoint the Department of Children and Family Services
651	651	25 Guardianship Administrator or other appropriate agency
652	652	26 executive temporary custodian of the minor and the court may
653	653
654	654
655	655
656	656
657	657
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659	659
660	660
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662	662	HB5036 - 18 - LRB103 37042 RLC 67157 b
663	663	1 enter such other orders related to the temporary custody as it
664	664	2 deems fit and proper, including the provision of services to
665	665	3 the minor or the minor's family to ameliorate the causes
666	666	4 contributing to the finding of probable cause or to the
667	667	5 finding of the existence of immediate and urgent necessity.
668	668	6 Where the Department of Children and Family Services
669	669	7 Guardianship Administrator is appointed as the executive
670	670	8 temporary custodian, the Department of Children and Family
671	671	9 Services shall file with the court and serve on the parties a
672	672	10 parent-child visiting plan, within 10 days, excluding weekends
673	673	11 and holidays, after the appointment. The parent-child visiting
674	674	12 plan shall set out the time and place of visits, the frequency
675	675	13 of visits, the length of visits, who shall be present at the
676	676	14 visits, and where appropriate, the minor's opportunities to
677	677	15 have telephone and mail communication with the parents.
678	678	16 Where the Department of Children and Family Services
679	679	17 Guardianship Administrator is appointed as the executive
680	680	18 temporary custodian, and when the child has siblings in care,
681	681	19 the Department of Children and Family Services shall file with
682	682	20 the court and serve on the parties a sibling placement and
683	683	21 contact plan within 10 days, excluding weekends and holidays,
684	684	22 after the appointment. The sibling placement and contact plan
685	685	23 shall set forth whether the siblings are placed together, and
686	686	24 if they are not placed together, what, if any, efforts are
687	687	25 being made to place them together. If the Department has
688	688	26 determined that it is not in a child's best interest to be
689	689
690	690
691	691
692	692
693	693
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695	695
696	696
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698	698	HB5036 - 19 - LRB103 37042 RLC 67157 b
699	699	1 placed with a sibling, the Department shall document in the
700	700	2 sibling placement and contact plan the basis for its
701	701	3 determination. For siblings placed separately, the sibling
702	702	4 placement and contact plan shall set the time and place for
703	703	5 visits, the frequency of the visits, the length of visits, who
704	704	6 shall be present for the visits, and where appropriate, the
705	705	7 child's opportunities to have contact with their siblings in
706	706	8 addition to in person contact. If the Department determines it
707	707	9 is not in the best interest of a sibling to have contact with a
708	708	10 sibling, the Department shall document in the sibling
709	709	11 placement and contact plan the basis for its determination.
710	710	12 The sibling placement and contact plan shall specify a date
711	711	13 for development of the Sibling Contact Support Plan, under
712	712	14 subsection (f) of Section 7.4 of the Children and Family
713	713	15 Services Act, and shall remain in effect until the Sibling
714	714	16 Contact Support Plan is developed.
715	715	17 For good cause, the court may waive the requirement to
716	716	18 file the parent-child visiting plan or the sibling placement
717	717	19 and contact plan, or extend the time for filing either plan.
718	718	20 Any party may, by motion, request the court to review the
719	719	21 parent-child visiting plan to determine whether it is
720	720	22 reasonably calculated to expeditiously facilitate the
721	721	23 achievement of the permanency goal. A party may, by motion,
722	722	24 request the court to review the parent-child visiting plan or
723	723	25 the sibling placement and contact plan to determine whether it
724	724	26 is consistent with the minor's best interest. The court may
725	725
726	726
727	727
728	728
729	729
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731	731
732	732
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734	734	HB5036 - 20 - LRB103 37042 RLC 67157 b
735	735	1 refer the parties to mediation where available. The frequency,
736	736	2 duration, and locations of visitation shall be measured by the
737	737	3 needs of the child and family, and not by the convenience of
738	738	4 Department personnel. Child development principles shall be
739	739	5 considered by the court in its analysis of how frequent
740	740	6 visitation should be, how long it should last, where it should
741	741	7 take place, and who should be present. If upon motion of the
742	742	8 party to review either plan and after receiving evidence, the
743	743	9 court determines that the parent-child visiting plan is not
744	744	10 reasonably calculated to expeditiously facilitate the
745	745	11 achievement of the permanency goal or that the restrictions
746	746	12 placed on parent-child contact or sibling placement or contact
747	747	13 are contrary to the child's best interests, the court shall
748	748	14 put in writing the factual basis supporting the determination
749	749	15 and enter specific findings based on the evidence. The court
750	750	16 shall enter an order for the Department to implement changes
751	751	17 to the parent-child visiting plan or sibling placement or
752	752	18 contact plan, consistent with the court's findings. At any
753	753	19 stage of proceeding, any party may by motion request the court
754	754	20 to enter any orders necessary to implement the parent-child
755	755	21 visiting plan, sibling placement or contact plan, or
756	756	22 subsequently developed Sibling Contact Support Plan. Nothing
757	757	23 under this subsection (2) shall restrict the court from
758	758	24 granting discretionary authority to the Department to increase
759	759	25 opportunities for additional parent-child contacts or sibling
760	760	26 contacts, without further court orders. Nothing in this
761	761
762	762
763	763
764	764
765	765
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767	767
768	768
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770	770	HB5036 - 21 - LRB103 37042 RLC 67157 b
771	771	1 subsection (2) shall restrict the Department from immediately
772	772	2 restricting or terminating parent-child contact or sibling
773	773	3 contacts, without either amending the parent-child visiting
774	774	4 plan or the sibling contact plan or obtaining a court order,
775	775	5 where the Department or its assigns reasonably believe there
776	776	6 is an immediate need to protect the child's health, safety,
777	777	7 and welfare. Such restrictions or terminations must be based
778	778	8 on available facts to the Department and its assigns when
779	779	9 viewed in light of the surrounding circumstances and shall
780	780	10 only occur on an individual case-by-case basis. The Department
781	781	11 shall file with the court and serve on the parties any
782	782	12 amendments to the plan within 10 days, excluding weekends and
783	783	13 holidays, of the change of the visitation.
784	784	14 Acceptance of services shall not be considered an
785	785	15 admission of any allegation in a petition made pursuant to
786	786	16 this Act, nor may a referral of services be considered as
787	787	17 evidence in any proceeding pursuant to this Act, except where
788	788	18 the issue is whether the Department has made active reasonable
789	789	19 efforts to reunite the family. In making its findings that it
790	790	20 is consistent with the health, safety, and best interests of
791	791	21 the minor to prescribe shelter care, the court shall state in
792	792	22 writing (i) the factual basis supporting its findings
793	793	23 concerning the immediate and urgent necessity for the
794	794	24 protection of the minor or of the person or property of another
795	795	25 and (ii) the factual basis supporting its findings that active
796	796	26 reasonable efforts were made to prevent or eliminate the
797	797
798	798
799	799
800	800
801	801
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803	803
804	804
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806	806	HB5036 - 22 - LRB103 37042 RLC 67157 b
807	807	1 removal of the minor from the minor's home or that no efforts
808	808	2 reasonably could be made to prevent or eliminate the removal
809	809	3 of the minor from the minor's home. The parents, guardian,
810	810	4 custodian, temporary custodian, and minor shall each be
811	811	5 furnished a copy of such written findings. The temporary
812	812	6 custodian shall maintain a copy of the court order and written
813	813	7 findings in the case record for the child. The order together
814	814	8 with the court's findings of fact in support thereof shall be
815	815	9 entered of record in the court.
816	816	10 Once the court finds that it is a matter of immediate and
817	817	11 urgent necessity for the protection of the minor that the
818	818	12 minor be placed in a shelter care facility, the minor shall not
819	819	13 be returned to the parent, custodian, or guardian until the
820	820	14 court finds that such placement is no longer necessary for the
821	821	15 protection of the minor.
822	822	16 If the child is placed in the temporary custody of the
823	823	17 Department of Children and Family Services for the minor's
824	824	18 protection, the court shall admonish the parents, guardian,
825	825	19 custodian, or responsible relative that the parents must
826	826	20 cooperate with the Department of Children and Family Services,
827	827	21 comply with the terms of the service plans, and correct the
828	828	22 conditions which require the child to be in care, or risk
829	829	23 termination of their parental rights. The court shall ensure,
830	830	24 by inquiring in open court of each parent, guardian,
831	831	25 custodian, or responsible relative, that the parent, guardian,
832	832	26 custodian, or responsible relative has had the opportunity to
833	833
834	834
835	835
836	836
837	837
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839	839
840	840
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842	842	HB5036 - 23 - LRB103 37042 RLC 67157 b
843	843	1 provide the Department with all known names, addresses, and
844	844	2 telephone numbers of each of the minor's living adult
845	845	3 relatives, including, but not limited to, grandparents,
846	846	4 siblings of the minor's parents, and siblings. The court shall
847	847	5 advise the parents, guardian, custodian, or responsible
848	848	6 relative to inform the Department if additional information
849	849	7 regarding the minor's adult relatives becomes available.
850	850	8 (3) If prior to the shelter care hearing for a minor
851	851	9 described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
852	852	10 is unable to serve notice on the party respondent, the shelter
853	853	11 care hearing may proceed ex parte. A shelter care order from an
854	854	12 ex parte hearing shall be endorsed with the date and hour of
855	855	13 issuance and shall be filed with the clerk's office and
856	856	14 entered of record. The order shall expire after 10 days from
857	857	15 the time it is issued unless before its expiration it is
858	858	16 renewed, at a hearing upon appearance of the party respondent,
859	859	17 or upon an affidavit of the moving party as to all diligent
860	860	18 efforts to notify the party respondent by notice as herein
861	861	19 prescribed. The notice prescribed shall be in writing and
862	862	20 shall be personally delivered to the minor or the minor's
863	863	21 attorney and to the last known address of the other person or
864	864	22 persons entitled to notice. The notice shall also state the
865	865	23 nature of the allegations, the nature of the order sought by
866	866	24 the State, including whether temporary custody is sought, and
867	867	25 the consequences of failure to appear and shall contain a
868	868	26 notice that the parties will not be entitled to further
869	869
870	870
871	871
872	872
873	873
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875	875
876	876
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878	878	HB5036 - 24 - LRB103 37042 RLC 67157 b
879	879	1 written notices or publication notices of proceedings in this
880	880	2 case, including the filing of an amended petition or a motion
881	881	3 to terminate parental rights, except as required by Supreme
882	882	4 Court Rule 11; and shall explain the right of the parties and
883	883	5 the procedures to vacate or modify a shelter care order as
884	884	6 provided in this Section. The notice for a shelter care
885	885	7 hearing shall be substantially as follows:
886	886	8 NOTICE TO PARENTS AND CHILDREN
887	887	9 OF SHELTER CARE HEARING
888	888	10 On ................ at ........., before the Honorable
889	889	11 ................, (address:) ................., the State
890	890	12 of Illinois will present evidence (1) that (name of child
891	891	13 or children) ....................... are abused,
892	892	14 neglected, or dependent for the following reasons:
893	893	15 .............................................. and (2)
894	894	16 whether there is "immediate and urgent necessity" to
895	895	17 remove the child or children from the responsible
896	896	18 relative.
897	897	19 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
898	898	20 PLACEMENT of the child or children in foster care until a
899	899	21 trial can be held. A trial may not be held for up to 90
900	900	22 days. You will not be entitled to further notices of
901	901	23 proceedings in this case, including the filing of an
902	902	24 amended petition or a motion to terminate parental rights.
903	903	25 At the shelter care hearing, parents have the
904	904	26 following rights:
905	905
906	906
907	907
908	908
909	909
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911	911
912	912
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914	914	HB5036 - 25 - LRB103 37042 RLC 67157 b
915	915	1 1. To ask the court to appoint a lawyer if they
916	916	2 cannot afford one.
917	917	3 2. To ask the court to continue the hearing to
918	918	4 allow them time to prepare.
919	919	5 3. To present evidence concerning:
920	920	6 a. Whether or not the child or children were
921	921	7 abused, neglected or dependent.
922	922	8 b. Whether or not there is "immediate and
923	923	9 urgent necessity" to remove the child from home
924	924	10 (including: their ability to care for the child,
925	925	11 conditions in the home, alternative means of
926	926	12 protecting the child other than removal).
927	927	13 c. The best interests of the child.
928	928	14 4. To cross examine the State's witnesses.
929	929	15 The Notice for rehearings shall be substantially as
930	930	16 follows:
931	931	17 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
932	932	18 TO REHEARING ON TEMPORARY CUSTODY
933	933	19 If you were not present at and did not have adequate
934	934	20 notice of the Shelter Care Hearing at which temporary
935	935	21 custody of ............... was awarded to
936	936	22 ................, you have the right to request a full
937	937	23 rehearing on whether the State should have temporary
938	938	24 custody of ................. To request this rehearing,
939	939	25 you must file with the Clerk of the Juvenile Court
940	940
941	941
942	942
943	943
944	944
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946	946
947	947
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949	949	HB5036 - 26 - LRB103 37042 RLC 67157 b
950	950	1 (address): ........................, in person or by
951	951	2 mailing a statement (affidavit) setting forth the
952	952	3 following:
953	953	4 1. That you were not present at the shelter care
954	954	5 hearing.
955	955	6 2. That you did not get adequate notice
956	956	7 (explaining how the notice was inadequate).
957	957	8 3. Your signature.
958	958	9 4. Signature must be notarized.
959	959	10 The rehearing should be scheduled within 48 hours of
960	960	11 your filing this affidavit.
961	961	12 At the rehearing, your rights are the same as at the
962	962	13 initial shelter care hearing. The enclosed notice explains
963	963	14 those rights.
964	964	15 At the Shelter Care Hearing, children have the
965	965	16 following rights:
966	966	17 1. To have a guardian ad litem appointed.
967	967	18 2. To be declared competent as a witness and to
968	968	19 present testimony concerning:
969	969	20 a. Whether they are abused, neglected or
970	970	21 dependent.
971	971	22 b. Whether there is "immediate and urgent
972	972	23 necessity" to be removed from home.
973	973	24 c. Their best interests.
974	974	25 3. To cross examine witnesses for other parties.
975	975	26 4. To obtain an explanation of any proceedings and
976	976
977	977
978	978
979	979
980	980
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982	982
983	983
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985	985	HB5036 - 27 - LRB103 37042 RLC 67157 b
986	986	1 orders of the court.
987	987	2 (4) If the parent, guardian, legal custodian, responsible
988	988	3 relative, minor age 8 or over, or counsel of the minor did not
989	989	4 have actual notice of or was not present at the shelter care
990	990	5 hearing, the parent, guardian, legal custodian, responsible
991	991	6 relative, minor age 8 or over, or counsel of the minor may file
992	992	7 an affidavit setting forth these facts, and the clerk shall
993	993	8 set the matter for rehearing not later than 48 hours,
994	994	9 excluding Sundays and legal holidays, after the filing of the
995	995	10 affidavit. At the rehearing, the court shall proceed in the
996	996	11 same manner as upon the original hearing.
997	997	12 (5) Only when there is reasonable cause to believe that
998	998	13 the minor taken into custody is a person described in
999	999	14 subsection (3) of Section 5-105 may the minor be kept or
1000	1000	15 detained in a detention home or county or municipal jail. This
1001	1001	16 Section shall in no way be construed to limit subsection (6).
1002	1002	17 (6) No minor under 16 years of age may be confined in a
1003	1003	18 jail or place ordinarily used for the confinement of prisoners
1004	1004	19 in a police station. Minors under 18 years of age must be kept
1005	1005	20 separate from confined adults and may not at any time be kept
1006	1006	21 in the same cell, room, or yard with adults confined pursuant
1007	1007	22 to the criminal law.
1008	1008	23 (7) If the minor is not brought before a judicial officer
1009	1009	24 within the time period as specified in Section 2-9, the minor
1010	1010	25 must immediately be released from custody.
1011	1011	26 (8) If neither the parent, guardian, or custodian appears
1012	1012
1013	1013
1014	1014
1015	1015
1016	1016
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1018	1018
1019	1019
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1021	1021	HB5036 - 28 - LRB103 37042 RLC 67157 b
1022	1022	1 within 24 hours to take custody of a minor released upon
1023	1023	2 request pursuant to subsection (2) of this Section, then the
1024	1024	3 clerk of the court shall set the matter for rehearing not later
1025	1025	4 than 7 days after the original order and shall issue a summons
1026	1026	5 directed to the parent, guardian, or custodian to appear. At
1027	1027	6 the same time the probation department shall prepare a report
1028	1028	7 on the minor. If a parent, guardian, or custodian does not
1029	1029	8 appear at such rehearing, the judge may enter an order
1030	1030	9 prescribing that the minor be kept in a suitable place
1031	1031	10 designated by the Department of Children and Family Services
1032	1032	11 or a licensed child welfare agency.
1033	1033	12 (9) Notwithstanding any other provision of this Section
1034	1034	13 any interested party, including the State, the temporary
1035	1035	14 custodian, an agency providing services to the minor or family
1036	1036	15 under a service plan pursuant to Section 8.2 of the Abused and
1037	1037	16 Neglected Child Reporting Act, foster parent, or any of their
1038	1038	17 representatives, on notice to all parties entitled to notice,
1039	1039	18 may file a motion that it is in the best interests of the minor
1040	1040	19 to modify or vacate a temporary custody order on any of the
1041	1041	20 following grounds:
1042	1042	21 (a) It is no longer a matter of immediate and urgent
1043	1043	22 necessity that the minor remain in shelter care; or
1044	1044	23 (b) There is a material change in the circumstances of
1045	1045	24 the natural family from which the minor was removed and
1046	1046	25 the child can be cared for at home without endangering the
1047	1047	26 child's health or safety; or
1048	1048
1049	1049
1050	1050
1051	1051
1052	1052
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1054	1054
1055	1055
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1057	1057	HB5036 - 29 - LRB103 37042 RLC 67157 b
1058	1058	1 (c) A person not a party to the alleged abuse, neglect
1059	1059	2 or dependency, including a parent, relative, or legal
1060	1060	3 guardian, is capable of assuming temporary custody of the
1061	1061	4 minor; or
1062	1062	5 (d) Services provided by the Department of Children
1063	1063	6 and Family Services or a child welfare agency or other
1064	1064	7 service provider have been successful in eliminating the
1065	1065	8 need for temporary custody and the child can be cared for
1066	1066	9 at home without endangering the child's health or safety.
1067	1067	10 In ruling on the motion, the court shall determine whether
1068	1068	11 it is consistent with the health, safety, and best interests
1069	1069	12 of the minor to modify or vacate a temporary custody order. If
1070	1070	13 the minor is being restored to the custody of a parent, legal
1071	1071	14 custodian, or guardian who lives outside of Illinois, and an
1072	1072	15 Interstate Compact has been requested and refused, the court
1073	1073	16 may order the Department of Children and Family Services to
1074	1074	17 arrange for an assessment of the minor's proposed living
1075	1075	18 arrangement and for ongoing monitoring of the health, safety,
1076	1076	19 and best interest of the minor and compliance with any order of
1077	1077	20 protective supervision entered in accordance with Section 2-20
1078	1078	21 or 2-25.
1079	1079	22 The clerk shall set the matter for hearing not later than
1080	1080	23 14 days after such motion is filed. In the event that the court
1081	1081	24 modifies or vacates a temporary custody order but does not
1082	1082	25 vacate its finding of probable cause, the court may order that
1083	1083	26 appropriate services be continued or initiated in behalf of
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088
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1090	1090
1091	1091
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1093	1093	HB5036 - 30 - LRB103 37042 RLC 67157 b
1094	1094	1 the minor and the minor's family.
1095	1095	2 (10) When the court finds or has found that there is
1096	1096	3 probable cause to believe a minor is an abused minor as
1097	1097	4 described in subsection (2) of Section 2-3 and that there is an
1098	1098	5 immediate and urgent necessity for the abused minor to be
1099	1099	6 placed in shelter care, immediate and urgent necessity shall
1100	1100	7 be presumed for any other minor residing in the same household
1101	1101	8 as the abused minor provided:
1102	1102	9 (a) Such other minor is the subject of an abuse or
1103	1103	10 neglect petition pending before the court; and
1104	1104	11 (b) A party to the petition is seeking shelter care
1105	1105	12 for such other minor.
1106	1106	13 Once the presumption of immediate and urgent necessity has
1107	1107	14 been raised, the burden of demonstrating the lack of immediate
1108	1108	15 and urgent necessity shall be on any party that is opposing
1109	1109	16 shelter care for the other minor.
1110	1110	17 (11) The changes made to this Section by Public Act 98-61
1111	1111	18 apply to a minor who has been arrested or taken into custody on
1112	1112	19 or after January 1, 2014 (the effective date of Public Act
1113	1113	20 98-61).
1114	1114	21 (12) After the court has placed a minor in the care of a
1115	1115	22 temporary custodian pursuant to this Section, any party may
1116	1116	23 file a motion requesting the court to grant the temporary
1117	1117	24 custodian the authority to serve as a surrogate decision maker
1118	1118	25 for the minor under the Health Care Surrogate Act for purposes
1119	1119	26 of making decisions pursuant to paragraph (1) of subsection
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124
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1126	1126
1127	1127
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1129	1129	HB5036 - 31 - LRB103 37042 RLC 67157 b
1130	1130	1 (b) of Section 20 of the Health Care Surrogate Act. The court
1131	1131	2 may grant the motion if it determines by clear and convincing
1132	1132	3 evidence that it is in the best interests of the minor to grant
1133	1133	4 the temporary custodian such authority. In making its
1134	1134	5 determination, the court shall weigh the following factors in
1135	1135	6 addition to considering the best interests factors listed in
1136	1136	7 subsection (4.05) of Section 1-3 of this Act:
1137	1137	8 (a) the efforts to identify and locate the respondents
1138	1138	9 and adult family members of the minor and the results of
1139	1139	10 those efforts;
1140	1140	11 (b) the efforts to engage the respondents and adult
1141	1141	12 family members of the minor in decision making on behalf
1142	1142	13 of the minor;
1143	1143	14 (c) the length of time the efforts in paragraphs (a)
1144	1144	15 and (b) have been ongoing;
1145	1145	16 (d) the relationship between the respondents and adult
1146	1146	17 family members and the minor;
1147	1147	18 (e) medical testimony regarding the extent to which
1148	1148	19 the minor is suffering and the impact of a delay in
1149	1149	20 decision-making on the minor; and
1150	1150	21 (f) any other factor the court deems relevant.
1151	1151	22 If the Department of Children and Family Services is the
1152	1152	23 temporary custodian of the minor, in addition to the
1153	1153	24 requirements of paragraph (1) of subsection (b) of Section 20
1154	1154	25 of the Health Care Surrogate Act, the Department shall follow
1155	1155	26 its rules and procedures in exercising authority granted under
1156	1156
1157	1157
1158	1158
1159	1159
1160	1160
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1162	1162
1163	1163
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1165	1165	HB5036 - 32 - LRB103 37042 RLC 67157 b
1166	1166	1 this subsection.
1167	1167	2 (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
1168	1168	3 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
1169	1169	4 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
1170	1170	5 Sec. 2-13. Petition.
1171	1171	6 (1) Any adult person, any agency or association by its
1172	1172	7 representative may file, or the court on its own motion,
1173	1173	8 consistent with the health, safety and best interests of the
1174	1174	9 minor may direct the filing through the State's Attorney of a
1175	1175	10 petition in respect of a minor under this Act. The petition and
1176	1176	11 all subsequent court documents shall be entitled "In the
1177	1177	12 interest of ...., a minor".
1178	1178	13 (2) The petition shall be verified but the statements may
1179	1179	14 be made upon information and belief. It shall allege that the
1180	1180	15 minor is abused, neglected, or dependent, with citations to
1181	1181	16 the appropriate provisions of this Act, and set forth (a)
1182	1182	17 facts sufficient to bring the minor under Section 2-3 or 2-4
1183	1183	18 and to inform respondents of the cause of action, including,
1184	1184	19 but not limited to, a plain and concise statement of the
1185	1185	20 factual allegations that form the basis for the filing of the
1186	1186	21 petition; (b) the name, age and residence of the minor; (c) the
1187	1187	22 names and residences of the minor's parents; (d) the name and
1188	1188	23 residence of the minor's legal guardian or the person or
1189	1189	24 persons having custody or control of the minor, or of the
1190	1190	25 nearest known relative if no parent or guardian can be found;
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195
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1197	1197
1198	1198
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1201	1201	1 and (e) if the minor upon whose behalf the petition is brought
1202	1202	2 is sheltered in custody, the date on which such temporary
1203	1203	3 custody was ordered by the court or the date set for a
1204	1204	4 temporary custody hearing. If any of the facts herein required
1205	1205	5 are not known by the petitioner, the petition shall so state.
1206	1206	6 (3) The petition must allege that it is in the best
1207	1207	7 interests of the minor and of the public that the minor be
1208	1208	8 adjudged a ward of the court and may pray generally for relief
1209	1209	9 available under this Act. The petition need not specify any
1210	1210	10 proposed disposition following adjudication of wardship. The
1211	1211	11 petition may request that the minor remain in the custody of
1212	1212	12 the parent, guardian, or custodian under an Order of
1213	1213	13 Protection.
1214	1214	14 (4) If termination of parental rights and appointment of a
1215	1215	15 guardian of the person with power to consent to adoption of the
1216	1216	16 minor under Section 2-29 is sought, the petition shall so
1217	1217	17 state. If the petition includes this request, the prayer for
1218	1218	18 relief shall clearly and obviously state that the parents
1219	1219	19 could permanently lose their rights as a parent at this
1220	1220	20 hearing.
1221	1221	21 In addition to the foregoing, the petitioner, by motion,
1222	1222	22 may request the termination of parental rights and appointment
1223	1223	23 of a guardian of the person with power to consent to adoption
1224	1224	24 of the minor under Section 2-29 at any time after the entry of
1225	1225	25 a dispositional order under Section 2-22.
1226	1226	26 (4.5) (a) Unless good cause exists that filing a petition
1227	1227
1228	1228
1229	1229
1230	1230
1231	1231
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1233	1233
1234	1234
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1236	1236	HB5036 - 34 - LRB103 37042 RLC 67157 b
1237	1237	1 to terminate parental rights is contrary to the child's best
1238	1238	2 interests, with respect to any minors committed to its care
1239	1239	3 pursuant to this Act, the Department of Children and Family
1240	1240	4 Services shall request the State's Attorney to file a petition
1241	1241	5 or motion for termination of parental rights and appointment
1242	1242	6 of guardian of the person with power to consent to adoption of
1243	1243	7 the minor under Section 2-29 if:
1244	1244	8 (i) a minor has been in foster care, as described in
1245	1245	9 subsection (b), for 15 months of the most recent 22
1246	1246	10 months; or
1247	1247	11 (ii) a minor under the age of 2 years has been
1248	1248	12 previously determined to be abandoned at an adjudicatory
1249	1249	13 hearing; or
1250	1250	14 (iii) the parent is criminally convicted of:
1251	1251	15 (A) first degree murder or second degree murder of
1252	1252	16 any child;
1253	1253	17 (B) attempt or conspiracy to commit first degree
1254	1254	18 murder or second degree murder of any child;
1255	1255	19 (C) solicitation to commit murder of any child,
1256	1256	20 solicitation to commit murder for hire of any child,
1257	1257	21 or solicitation to commit second degree murder of any
1258	1258	22 child;
1259	1259	23 (D) aggravated battery, aggravated battery of a
1260	1260	24 child, or felony domestic battery, any of which has
1261	1261	25 resulted in serious injury to the minor or a sibling of
1262	1262	26 the minor;
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267
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1269	1269
1270	1270
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1273	1273	1 (E) predatory criminal sexual assault of a child;
1274	1274	2 (E-5) aggravated criminal sexual assault;
1275	1275	3 (E-10) criminal sexual abuse in violation of
1276	1276	4 subsection (a) of Section 11-1.50 of the Criminal Code
1277	1277	5 of 1961 or the Criminal Code of 2012;
1278	1278	6 (E-15) sexual exploitation of a child;
1279	1279	7 (E-20) permitting sexual abuse of a child;
1280	1280	8 (E-25) criminal sexual assault; or
1281	1281	9 (F) an offense in any other state the elements of
1282	1282	10 which are similar and bear a substantial relationship
1283	1283	11 to any of the foregoing offenses.
1284	1284	12 (a-1) For purposes of this subsection (4.5), good cause
1285	1285	13 exists in the following circumstances:
1286	1286	14 (i) the child is being cared for by a relative,
1287	1287	15 (ii) the Department has documented in the case plan a
1288	1288	16 compelling reason for determining that filing such
1289	1289	17 petition would not be in the best interests of the child,
1290	1290	18 (iii) the court has found within the preceding 12
1291	1291	19 months that the Department has failed to make active
1292	1292	20 reasonable efforts to reunify the child and family, or
1293	1293	21 (iv) the parent is incarcerated, or the parent's prior
1294	1294	22 incarceration is a significant factor in why the child has
1295	1295	23 been in foster care for 15 months out of any 22-month
1296	1296	24 period, the parent maintains a meaningful role in the
1297	1297	25 child's life, and the Department has not documented
1298	1298	26 another reason why it would otherwise be appropriate to
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
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1305	1305
1306	1306
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1308	1308	HB5036 - 36 - LRB103 37042 RLC 67157 b
1309	1309	1 file a petition to terminate parental rights pursuant to
1310	1310	2 this Section and the Adoption Act. The assessment of
1311	1311	3 whether an incarcerated parent maintains a meaningful role
1312	1312	4 in the child's life may include consideration of the
1313	1313	5 following:
1314	1314	6 (A) the child's best interest;
1315	1315	7 (B) the parent's expressions or acts of
1316	1316	8 manifesting concern for the child, such as letters,
1317	1317	9 telephone calls, visits, and other forms of
1318	1318	10 communication with the child and the impact of the
1319	1319	11 communication on the child;
1320	1320	12 (C) the parent's efforts to communicate with and
1321	1321	13 work with the Department for the purpose of complying
1322	1322	14 with the service plan and repairing, maintaining, or
1323	1323	15 building the parent-child relationship; or
1324	1324	16 (D) limitations in the parent's access to family
1325	1325	17 support programs, therapeutic services, visiting
1326	1326	18 opportunities, telephone and mail services, and
1327	1327	19 meaningful participation in court proceedings.
1328	1328	20 (b) For purposes of this subsection, the date of entering
1329	1329	21 foster care is defined as the earlier of:
1330	1330	22 (1) The date of a judicial finding at an adjudicatory
1331	1331	23 hearing that the child is an abused, neglected, or
1332	1332	24 dependent minor; or
1333	1333	25 (2) 60 days after the date on which the child is
1334	1334	26 removed from the child's parent, guardian, or legal
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340	HB5036 - 36 - LRB103 37042 RLC 67157 b
1341	1341
1342	1342
1343	1343	HB5036- 37 -LRB103 37042 RLC 67157 b HB5036 - 37 - LRB103 37042 RLC 67157 b
1344	1344	HB5036 - 37 - LRB103 37042 RLC 67157 b
1345	1345	1 custodian.
1346	1346	2 (c) (Blank).
1347	1347	3 (d) (Blank).
1348	1348	4 (5) The court shall liberally allow the petitioner to
1349	1349	5 amend the petition to set forth a cause of action or to add,
1350	1350	6 amend, or supplement factual allegations that form the basis
1351	1351	7 for a cause of action up until 14 days before the adjudicatory
1352	1352	8 hearing. The petitioner may amend the petition after that date
1353	1353	9 and prior to the adjudicatory hearing if the court grants
1354	1354	10 leave to amend upon a showing of good cause. The court may
1355	1355	11 allow amendment of the petition to conform with the evidence
1356	1356	12 at any time prior to ruling. In all cases in which the court
1357	1357	13 has granted leave to amend based on new evidence or new
1358	1358	14 allegations, the court shall permit the respondent an adequate
1359	1359	15 opportunity to prepare a defense to the amended petition.
1360	1360	16 (6) At any time before dismissal of the petition or before
1361	1361	17 final closing and discharge under Section 2-31, one or more
1362	1362	18 motions in the best interests of the minor may be filed. The
1363	1363	19 motion shall specify sufficient facts in support of the relief
1364	1364	20 requested.
1365	1365	21 (Source: P.A. 103-22, eff. 8-8-23.)
1366	1366	22 (705 ILCS 405/2-13.1)
1367	1367	23 Sec. 2-13.1. Early termination of active reasonable
1368	1368	24 efforts.
1369	1369	25 (1) (a) In conjunction with, or at any time subsequent to,
1370	1370
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375	HB5036 - 37 - LRB103 37042 RLC 67157 b
1376	1376
1377	1377
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1379	1379	HB5036 - 38 - LRB103 37042 RLC 67157 b
1380	1380	1 the filing of a petition on behalf of a minor in accordance
1381	1381	2 with Section 2-13 of this Act, the State's Attorney, the
1382	1382	3 guardian ad litem, or the Department of Children and Family
1383	1383	4 Services may file a motion requesting a finding that active
1384	1384	5 reasonable efforts to reunify that minor with the minor's
1385	1385	6 parent or parents are no longer required and are to cease.
1386	1386	7 (b) The court shall grant this motion with respect to a
1387	1387	8 parent of the minor if the court finds after a hearing that the
1388	1388	9 parent has:
1389	1389	10 (i) had parental rights to another child of the parent
1390	1390	11 involuntarily terminated; or
1391	1391	12 (ii) been convicted of:
1392	1392	13 (A) first degree or second degree murder of
1393	1393	14 another child of the parent;
1394	1394	15 (B) attempt or conspiracy to commit first degree
1395	1395	16 or second degree murder of another child of the
1396	1396	17 parent;
1397	1397	18 (C) solicitation to commit murder of another child
1398	1398	19 of the parent, solicitation to commit murder for hire
1399	1399	20 of another child of the parent, or solicitation to
1400	1400	21 commit second degree murder of another child of the
1401	1401	22 parent;
1402	1402	23 (D) aggravated battery, aggravated battery of a
1403	1403	24 child, or felony domestic battery, any of which has
1404	1404	25 resulted in serious bodily injury to the minor or
1405	1405	26 another child of the parent; or
1406	1406
1407	1407
1408	1408
1409	1409
1410	1410
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1412	1412
1413	1413
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1415	1415	HB5036 - 39 - LRB103 37042 RLC 67157 b
1416	1416	1 (E) an offense in any other state the elements of
1417	1417	2 which are similar and bear substantial relationship to
1418	1418	3 any of the foregoing offenses
1419	1419	4 unless the court sets forth in writing a compelling reason why
1420	1420	5 terminating active reasonable efforts to reunify the minor
1421	1421	6 with the parent would not be in the best interests of that
1422	1422	7 minor.
1423	1423	8 (c) The court shall also grant this motion with respect to
1424	1424	9 a parent of the minor if:
1425	1425	10 (i) after a hearing it determines that further
1426	1426	11 reunification services would no longer be appropriate, and
1427	1427	12 (ii) a dispositional hearing has already taken place.
1428	1428	13 (2) (a) The court shall hold a permanency hearing within
1429	1429	14 30 days of granting a motion pursuant to this subsection. If an
1430	1430	15 adjudicatory or a dispositional hearing, or both, has not
1431	1431	16 taken place when the court grants a motion pursuant to this
1432	1432	17 Section, then either or both hearings shall be held as needed
1433	1433	18 so that both take place on or before the date a permanency
1434	1434	19 hearing is held pursuant to this subsection.
1435	1435	20 (b) Following a permanency hearing held pursuant to
1436	1436	21 paragraph (a) of this subsection, the appointed custodian or
1437	1437	22 guardian of the minor shall make reasonable efforts to place
1438	1438	23 the child in accordance with the permanency plan and goal set
1439	1439	24 by the court, and to complete the necessary steps to locate and
1440	1440	25 finalize a permanent placement.
1441	1441	26 (Source: P.A. 103-22, eff. 8-8-23.)
1442	1442
1443	1443
1444	1444
1445	1445
1446	1446
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1448	1448
1449	1449
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1451	1451	HB5036 - 40 - LRB103 37042 RLC 67157 b
1452	1452	1 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
1453	1453	2 Sec. 2-21. Findings and adjudication.
1454	1454	3 (1) The court shall state for the record the manner in
1455	1455	4 which the parties received service of process and shall note
1456	1456	5 whether the return or returns of service, postal return
1457	1457	6 receipt or receipts for notice by certified mail, or
1458	1458	7 certificate or certificates of publication have been filed in
1459	1459	8 the court record. The court shall enter any appropriate orders
1460	1460	9 of default against any parent who has been properly served in
1461	1461	10 any manner and fails to appear.
1462	1462	11 No further service of process as defined in Sections 2-15
1463	1463	12 and 2-16 is required in any subsequent proceeding for a parent
1464	1464	13 who was properly served in any manner, except as required by
1465	1465	14 Supreme Court Rule 11.
1466	1466	15 The caseworker shall testify about the diligent search
1467	1467	16 conducted for the parent.
1468	1468	17 After hearing the evidence the court shall determine
1469	1469	18 whether or not the minor is abused, neglected, or dependent.
1470	1470	19 If it finds that the minor is not such a person, the court
1471	1471	20 shall order the petition dismissed and the minor discharged.
1472	1472	21 The court's determination of whether the minor is abused,
1473	1473	22 neglected, or dependent shall be stated in writing with the
1474	1474	23 factual basis supporting that determination.
1475	1475	24 If the court finds that the minor is abused, neglected, or
1476	1476	25 dependent, the court shall then determine and put in writing
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482	HB5036 - 40 - LRB103 37042 RLC 67157 b
1483	1483
1484	1484
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1486	1486	HB5036 - 41 - LRB103 37042 RLC 67157 b
1487	1487	1 the factual basis supporting that determination, and specify,
1488	1488	2 to the extent possible, the acts or omissions or both of each
1489	1489	3 parent, guardian, or legal custodian that form the basis of
1490	1490	4 the court's findings. That finding shall appear in the order
1491	1491	5 of the court.
1492	1492	6 If the court finds that the child has been abused,
1493	1493	7 neglected or dependent, the court shall admonish the parents
1494	1494	8 that they must cooperate with the Department of Children and
1495	1495	9 Family Services, comply with the terms of the service plan,
1496	1496	10 and correct the conditions that require the child to be in
1497	1497	11 care, or risk termination of parental rights.
1498	1498	12 If the court determines that a person has inflicted
1499	1499	13 physical or sexual abuse upon a minor, the court shall report
1500	1500	14 that determination to the Illinois State Police, which shall
1501	1501	15 include that information in its report to the President of the
1502	1502	16 school board for a school district that requests a criminal
1503	1503	17 history records check of that person, or the regional
1504	1504	18 superintendent of schools who requests a check of that person,
1505	1505	19 as required under Section 10-21.9 or 34-18.5 of the School
1506	1506	20 Code.
1507	1507	21 (2) If, pursuant to subsection (1) of this Section, the
1508	1508	22 court determines and puts in writing the factual basis
1509	1509	23 supporting the determination that the minor is either abused
1510	1510	24 or neglected or dependent, the court shall then set a time not
1511	1511	25 later than 30 days after the entry of the finding for a
1512	1512	26 dispositional hearing (unless an earlier date is required
1513	1513
1514	1514
1515	1515
1516	1516
1517	1517
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1519	1519
1520	1520
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1522	1522	HB5036 - 42 - LRB103 37042 RLC 67157 b
1523	1523	1 pursuant to Section 2-13.1) to be conducted under Section 2-22
1524	1524	2 at which hearing the court shall determine whether it is
1525	1525	3 consistent with the health, safety and best interests of the
1526	1526	4 minor and the public that he be made a ward of the court. To
1527	1527	5 assist the court in making this and other determinations at
1528	1528	6 the dispositional hearing, the court may order that an
1529	1529	7 investigation be conducted and a dispositional report be
1530	1530	8 prepared concerning the minor's physical and mental history
1531	1531	9 and condition, family situation and background, economic
1532	1532	10 status, education, occupation, history of delinquency or
1533	1533	11 criminality, personal habits, and any other information that
1534	1534	12 may be helpful to the court. The dispositional hearing may be
1535	1535	13 continued once for a period not to exceed 30 days if the court
1536	1536	14 finds that such continuance is necessary to complete the
1537	1537	15 dispositional report.
1538	1538	16 (3) The time limits of this Section may be waived only by
1539	1539	17 consent of all parties and approval by the court, as
1540	1540	18 determined to be consistent with the health, safety and best
1541	1541	19 interests of the minor.
1542	1542	20 (4) For all cases adjudicated prior to July 1, 1991, for
1543	1543	21 which no dispositional hearing has been held prior to that
1544	1544	22 date, a dispositional hearing under Section 2-22 shall be held
1545	1545	23 within 90 days of July 1, 1991.
1546	1546	24 (5) The court may terminate the parental rights of a
1547	1547	25 parent at the initial dispositional hearing if all of the
1548	1548	26 following conditions are met:
1549	1549
1550	1550
1551	1551
1552	1552
1553	1553
1554	1554	HB5036 - 42 - LRB103 37042 RLC 67157 b
1555	1555
1556	1556
1557	1557	HB5036- 43 -LRB103 37042 RLC 67157 b HB5036 - 43 - LRB103 37042 RLC 67157 b
1558	1558	HB5036 - 43 - LRB103 37042 RLC 67157 b
1559	1559	1 (i) the original or amended petition contains a
1560	1560	2 request for termination of parental rights and appointment
1561	1561	3 of a guardian with power to consent to adoption; and
1562	1562	4 (ii) the court has found by a preponderance of
1563	1563	5 evidence, introduced or stipulated to at an adjudicatory
1564	1564	6 hearing, that the child comes under the jurisdiction of
1565	1565	7 the court as an abused, neglected, or dependent minor
1566	1566	8 under Section 2-18; and
1567	1567	9 (iii) the court finds, on the basis of clear and
1568	1568	10 convincing evidence admitted at the adjudicatory hearing
1569	1569	11 that the parent is an unfit person under subdivision D of
1570	1570	12 Section 1 of the Adoption Act; and
1571	1571	13 (iv) the court determines in accordance with the rules
1572	1572	14 of evidence for dispositional proceedings, that:
1573	1573	15 (A) it is in the best interest of the minor and
1574	1574	16 public that the child be made a ward of the court;
1575	1575	17 (A-5) active reasonable efforts under subsection
1576	1576	18 (l-1) of Section 5 of the Children and Family Services
1577	1577	19 Act are inappropriate or such efforts were made and
1578	1578	20 were unsuccessful; and
1579	1579	21 (B) termination of parental rights and appointment
1580	1580	22 of a guardian with power to consent to adoption is in
1581	1581	23 the best interest of the child pursuant to Section
1582	1582	24 2-29.
1583	1583	25 (Source: P.A. 102-538, eff. 8-20-21.)
1584	1584
1585	1585
1586	1586
1587	1587
1588	1588
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1590	1590
1591	1591
1592	1592	HB5036- 44 -LRB103 37042 RLC 67157 b HB5036 - 44 - LRB103 37042 RLC 67157 b
1593	1593	HB5036 - 44 - LRB103 37042 RLC 67157 b
1594	1594	1 (705 ILCS 405/2-28)
1595	1595	2 Sec. 2-28. Court review.
1596	1596	3 (1) The court may require any legal custodian or guardian
1597	1597	4 of the person appointed under this Act to report periodically
1598	1598	5 to the court or may cite the legal custodian or guardian into
1599	1599	6 court and require the legal custodian, guardian, or the legal
1600	1600	7 custodian's or guardian's agency to make a full and accurate
1601	1601	8 report of the doings of the legal custodian, guardian, or
1602	1602	9 agency on behalf of the minor. The custodian or guardian,
1603	1603	10 within 10 days after such citation, or earlier if the court
1604	1604	11 determines it to be necessary to protect the health, safety,
1605	1605	12 or welfare of the minor, shall make the report, either in
1606	1606	13 writing verified by affidavit or orally under oath in open
1607	1607	14 court, or otherwise as the court directs. Upon the hearing of
1608	1608	15 the report the court may remove the custodian or guardian and
1609	1609	16 appoint another in the custodian's or guardian's stead or
1610	1610	17 restore the minor to the custody of the minor's parents or
1611	1611	18 former guardian or custodian. However, custody of the minor
1612	1612	19 shall not be restored to any parent, guardian, or legal
1613	1613	20 custodian in any case in which the minor is found to be
1614	1614	21 neglected or abused under Section 2-3 or dependent under
1615	1615	22 Section 2-4 of this Act, unless the minor can be cared for at
1616	1616	23 home without endangering the minor's health or safety and it
1617	1617	24 is in the best interests of the minor, and if such neglect,
1618	1618	25 abuse, or dependency is found by the court under paragraph (1)
1619	1619	26 of Section 2-21 of this Act to have come about due to the acts
1620	1620
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625	HB5036 - 44 - LRB103 37042 RLC 67157 b
1626	1626
1627	1627
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1629	1629	HB5036 - 45 - LRB103 37042 RLC 67157 b
1630	1630	1 or omissions or both of such parent, guardian, or legal
1631	1631	2 custodian, until such time as an investigation is made as
1632	1632	3 provided in paragraph (5) and a hearing is held on the issue of
1633	1633	4 the fitness of such parent, guardian, or legal custodian to
1634	1634	5 care for the minor and the court enters an order that such
1635	1635	6 parent, guardian, or legal custodian is fit to care for the
1636	1636	7 minor.
1637	1637	8 (1.5) The public agency that is the custodian or guardian
1638	1638	9 of the minor shall file a written report with the court no
1639	1639	10 later than 15 days after a minor in the agency's care remains:
1640	1640	11 (1) in a shelter placement beyond 30 days;
1641	1641	12 (2) in a psychiatric hospital past the time when the
1642	1642	13 minor is clinically ready for discharge or beyond medical
1643	1643	14 necessity for the minor's health; or
1644	1644	15 (3) in a detention center or Department of Juvenile
1645	1645	16 Justice facility solely because the public agency cannot
1646	1646	17 find an appropriate placement for the minor.
1647	1647	18 The report shall explain the steps the agency is taking to
1648	1648	19 ensure the minor is placed appropriately, how the minor's
1649	1649	20 needs are being met in the minor's shelter placement, and if a
1650	1650	21 future placement has been identified by the Department, why
1651	1651	22 the anticipated placement is appropriate for the needs of the
1652	1652	23 minor and the anticipated placement date.
1653	1653	24 (1.6) Within 30 days after placing a child in its care in a
1654	1654	25 qualified residential treatment program, as defined by the
1655	1655	26 federal Social Security Act, the Department of Children and
1656	1656
1657	1657
1658	1658
1659	1659
1660	1660
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1662	1662
1663	1663
1664	1664	HB5036- 46 -LRB103 37042 RLC 67157 b HB5036 - 46 - LRB103 37042 RLC 67157 b
1665	1665	HB5036 - 46 - LRB103 37042 RLC 67157 b
1666	1666	1 Family Services shall prepare a written report for filing with
1667	1667	2 the court and send copies of the report to all parties. Within
1668	1668	3 20 days of the filing of the report, or as soon thereafter as
1669	1669	4 the court's schedule allows but not more than 60 days from the
1670	1670	5 date of placement, the court shall hold a hearing to consider
1671	1671	6 the Department's report and determine whether placement of the
1672	1672	7 child in a qualified residential treatment program provides
1673	1673	8 the most effective and appropriate level of care for the child
1674	1674	9 in the least restrictive environment and if the placement is
1675	1675	10 consistent with the short-term and long-term goals for the
1676	1676	11 child, as specified in the permanency plan for the child. The
1677	1677	12 court shall approve or disapprove the placement. If
1678	1678	13 applicable, the requirements of Sections 2-27.1 and 2-27.2
1679	1679	14 must also be met. The Department's written report and the
1680	1680	15 court's written determination shall be included in and made
1681	1681	16 part of the case plan for the child. If the child remains
1682	1682	17 placed in a qualified residential treatment program, the
1683	1683	18 Department shall submit evidence at each status and permanency
1684	1684	19 hearing:
1685	1685	20 (1) demonstrating that on-going assessment of the
1686	1686	21 strengths and needs of the child continues to support the
1687	1687	22 determination that the child's needs cannot be met through
1688	1688	23 placement in a foster family home, that the placement
1689	1689	24 provides the most effective and appropriate level of care
1690	1690	25 for the child in the least restrictive, appropriate
1691	1691	26 environment, and that the placement is consistent with the
1692	1692
1693	1693
1694	1694
1695	1695
1696	1696
1697	1697	HB5036 - 46 - LRB103 37042 RLC 67157 b
1698	1698
1699	1699
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1701	1701	HB5036 - 47 - LRB103 37042 RLC 67157 b
1702	1702	1 short-term and long-term permanency goal for the child, as
1703	1703	2 specified in the permanency plan for the child;
1704	1704	3 (2) documenting the specific treatment or service
1705	1705	4 needs that should be met for the child in the placement and
1706	1706	5 the length of time the child is expected to need the
1707	1707	6 treatment or services; and
1708	1708	7 (3) the efforts made by the agency to prepare the
1709	1709	8 child to return home or to be placed with a fit and willing
1710	1710	9 relative, a legal guardian, or an adoptive parent, or in a
1711	1711	10 foster family home.
1712	1712	11 (2) The first permanency hearing shall be conducted by the
1713	1713	12 judge. Subsequent permanency hearings may be heard by a judge
1714	1714	13 or by hearing officers appointed or approved by the court in
1715	1715	14 the manner set forth in Section 2-28.1 of this Act. The initial
1716	1716	15 hearing shall be held (a) within 12 months from the date
1717	1717	16 temporary custody was taken, regardless of whether an
1718	1718	17 adjudication or dispositional hearing has been completed
1719	1719	18 within that time frame, (b) if the parental rights of both
1720	1720	19 parents have been terminated in accordance with the procedure
1721	1721	20 described in subsection (5) of Section 2-21, within 30 days of
1722	1722	21 the order for termination of parental rights and appointment
1723	1723	22 of a guardian with power to consent to adoption, or (c) in
1724	1724	23 accordance with subsection (2) of Section 2-13.1. Subsequent
1725	1725	24 permanency hearings shall be held every 6 months or more
1726	1726	25 frequently if necessary in the court's determination following
1727	1727	26 the initial permanency hearing, in accordance with the
1728	1728
1729	1729
1730	1730
1731	1731
1732	1732
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1734	1734
1735	1735
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1737	1737	HB5036 - 48 - LRB103 37042 RLC 67157 b
1738	1738	1 standards set forth in this Section, until the court
1739	1739	2 determines that the plan and goal have been achieved. Once the
1740	1740	3 plan and goal have been achieved, if the minor remains in
1741	1741	4 substitute care, the case shall be reviewed at least every 6
1742	1742	5 months thereafter, subject to the provisions of this Section,
1743	1743	6 unless the minor is placed in the guardianship of a suitable
1744	1744	7 relative or other person and the court determines that further
1745	1745	8 monitoring by the court does not further the health, safety,
1746	1746	9 or best interest of the child and that this is a stable
1747	1747	10 permanent placement. The permanency hearings must occur within
1748	1748	11 the time frames set forth in this subsection and may not be
1749	1749	12 delayed in anticipation of a report from any source or due to
1750	1750	13 the agency's failure to timely file its written report (this
1751	1751	14 written report means the one required under the next paragraph
1752	1752	15 and does not mean the service plan also referred to in that
1753	1753	16 paragraph).
1754	1754	17 The public agency that is the custodian or guardian of the
1755	1755	18 minor, or another agency responsible for the minor's care,
1756	1756	19 shall ensure that all parties to the permanency hearings are
1757	1757	20 provided a copy of the most recent service plan prepared
1758	1758	21 within the prior 6 months at least 14 days in advance of the
1759	1759	22 hearing. If not contained in the agency's service plan, the
1760	1760	23 agency shall also include a report setting forth (i) any
1761	1761	24 special physical, psychological, educational, medical,
1762	1762	25 emotional, or other needs of the minor or the minor's family
1763	1763	26 that are relevant to a permanency or placement determination
1764	1764
1765	1765
1766	1766
1767	1767
1768	1768
1769	1769	HB5036 - 48 - LRB103 37042 RLC 67157 b
1770	1770
1771	1771
1772	1772	HB5036- 49 -LRB103 37042 RLC 67157 b HB5036 - 49 - LRB103 37042 RLC 67157 b
1773	1773	HB5036 - 49 - LRB103 37042 RLC 67157 b
1774	1774	1 and (ii) for any minor age 16 or over, a written description of
1775	1775	2 the programs and services that will enable the minor to
1776	1776	3 prepare for independent living. If not contained in the
1777	1777	4 agency's service plan, the agency's report shall specify if a
1778	1778	5 minor is placed in a licensed child care facility under a
1779	1779	6 corrective plan by the Department due to concerns impacting
1780	1780	7 the minor's safety and well-being. The report shall explain
1781	1781	8 the steps the Department is taking to ensure the safety and
1782	1782	9 well-being of the minor and that the minor's needs are met in
1783	1783	10 the facility. The agency's written report must detail what
1784	1784	11 progress or lack of progress the parent has made in correcting
1785	1785	12 the conditions requiring the child to be in care; whether the
1786	1786	13 child can be returned home without jeopardizing the child's
1787	1787	14 health, safety, and welfare, and, if not, what permanency goal
1788	1788	15 is recommended to be in the best interests of the child, and
1789	1789	16 why the other permanency goals are not appropriate. The
1790	1790	17 caseworker must appear and testify at the permanency hearing.
1791	1791	18 If a permanency hearing has not previously been scheduled by
1792	1792	19 the court, the moving party shall move for the setting of a
1793	1793	20 permanency hearing and the entry of an order within the time
1794	1794	21 frames set forth in this subsection.
1795	1795	22 At the permanency hearing, the court shall determine the
1796	1796	23 future status of the child. The court shall set one of the
1797	1797	24 following permanency goals:
1798	1798	25 (A) The minor will be returned home by a specific date
1799	1799	26 within 5 months.
1800	1800
1801	1801
1802	1802
1803	1803
1804	1804
1805	1805	HB5036 - 49 - LRB103 37042 RLC 67157 b
1806	1806
1807	1807
1808	1808	HB5036- 50 -LRB103 37042 RLC 67157 b HB5036 - 50 - LRB103 37042 RLC 67157 b
1809	1809	HB5036 - 50 - LRB103 37042 RLC 67157 b
1810	1810	1 (B) The minor will be in short-term care with a
1811	1811	2 continued goal to return home within a period not to
1812	1812	3 exceed one year, where the progress of the parent or
1813	1813	4 parents is substantial giving particular consideration to
1814	1814	5 the age and individual needs of the minor.
1815	1815	6 (B-1) The minor will be in short-term care with a
1816	1816	7 continued goal to return home pending a status hearing.
1817	1817	8 When the court finds that a parent has not made reasonable
1818	1818	9 efforts or reasonable progress to date, the court shall
1819	1819	10 identify what actions the parent and the Department must
1820	1820	11 take in order to justify a finding of reasonable efforts
1821	1821	12 or reasonable progress and shall set a status hearing to
1822	1822	13 be held not earlier than 9 months from the date of
1823	1823	14 adjudication nor later than 11 months from the date of
1824	1824	15 adjudication during which the parent's progress will again
1825	1825	16 be reviewed.
1826	1826	17 (C) The minor will be in substitute care pending court
1827	1827	18 determination on termination of parental rights.
1828	1828	19 (D) Adoption, provided that parental rights have been
1829	1829	20 terminated or relinquished.
1830	1830	21 (E) The guardianship of the minor will be transferred
1831	1831	22 to an individual or couple on a permanent basis provided
1832	1832	23 that goals (A) through (D) have been deemed inappropriate
1833	1833	24 and not in the child's best interests. The court shall
1834	1834	25 confirm that the Department has discussed adoption, if
1835	1835	26 appropriate, and guardianship with the caregiver prior to
1836	1836
1837	1837
1838	1838
1839	1839
1840	1840
1841	1841	HB5036 - 50 - LRB103 37042 RLC 67157 b
1842	1842
1843	1843
1844	1844	HB5036- 51 -LRB103 37042 RLC 67157 b HB5036 - 51 - LRB103 37042 RLC 67157 b
1845	1845	HB5036 - 51 - LRB103 37042 RLC 67157 b
1846	1846	1 changing a goal to guardianship.
1847	1847	2 (F) The minor over age 15 will be in substitute care
1848	1848	3 pending independence. In selecting this permanency goal,
1849	1849	4 the Department of Children and Family Services may provide
1850	1850	5 services to enable reunification and to strengthen the
1851	1851	6 minor's connections with family, fictive kin, and other
1852	1852	7 responsible adults, provided the services are in the
1853	1853	8 minor's best interest. The services shall be documented in
1854	1854	9 the service plan.
1855	1855	10 (G) The minor will be in substitute care because the
1856	1856	11 minor cannot be provided for in a home environment due to
1857	1857	12 developmental disabilities or mental illness or because
1858	1858	13 the minor is a danger to self or others, provided that
1859	1859	14 goals (A) through (D) have been deemed inappropriate and
1860	1860	15 not in the child's best interests.
1861	1861	16 In selecting any permanency goal, the court shall indicate
1862	1862	17 in writing the reasons the goal was selected and why the
1863	1863	18 preceding goals were deemed inappropriate and not in the
1864	1864	19 child's best interest. Where the court has selected a
1865	1865	20 permanency goal other than (A), (B), or (B-1), the Department
1866	1866	21 of Children and Family Services shall not provide further
1867	1867	22 reunification services, except as provided in paragraph (F) of
1868	1868	23 this subsection (2), but shall provide services consistent
1869	1869	24 with the goal selected.
1870	1870	25 (H) Notwithstanding any other provision in this
1871	1871	26 Section, the court may select the goal of continuing
1872	1872
1873	1873
1874	1874
1875	1875
1876	1876
1877	1877	HB5036 - 51 - LRB103 37042 RLC 67157 b
1878	1878
1879	1879
1880	1880	HB5036- 52 -LRB103 37042 RLC 67157 b HB5036 - 52 - LRB103 37042 RLC 67157 b
1881	1881	HB5036 - 52 - LRB103 37042 RLC 67157 b
1882	1882	1 foster care as a permanency goal if:
1883	1883	2 (1) The Department of Children and Family Services
1884	1884	3 has custody and guardianship of the minor;
1885	1885	4 (2) The court has deemed all other permanency
1886	1886	5 goals inappropriate based on the child's best
1887	1887	6 interest;
1888	1888	7 (3) The court has found compelling reasons, based
1889	1889	8 on written documentation reviewed by the court, to
1890	1890	9 place the minor in continuing foster care. Compelling
1891	1891	10 reasons include:
1892	1892	11 (a) the child does not wish to be adopted or to
1893	1893	12 be placed in the guardianship of the minor's
1894	1894	13 relative or foster care placement;
1895	1895	14 (b) the child exhibits an extreme level of
1896	1896	15 need such that the removal of the child from the
1897	1897	16 minor's placement would be detrimental to the
1898	1898	17 child; or
1899	1899	18 (c) the child who is the subject of the
1900	1900	19 permanency hearing has existing close and strong
1901	1901	20 bonds with a sibling, and achievement of another
1902	1902	21 permanency goal would substantially interfere with
1903	1903	22 the subject child's sibling relationship, taking
1904	1904	23 into consideration the nature and extent of the
1905	1905	24 relationship, and whether ongoing contact is in
1906	1906	25 the subject child's best interest, including
1907	1907	26 long-term emotional interest, as compared with the
1908	1908
1909	1909
1910	1910
1911	1911
1912	1912
1913	1913	HB5036 - 52 - LRB103 37042 RLC 67157 b
1914	1914
1915	1915
1916	1916	HB5036- 53 -LRB103 37042 RLC 67157 b HB5036 - 53 - LRB103 37042 RLC 67157 b
1917	1917	HB5036 - 53 - LRB103 37042 RLC 67157 b
1918	1918	1 legal and emotional benefit of permanence;
1919	1919	2 (4) The child has lived with the relative or
1920	1920	3 foster parent for at least one year; and
1921	1921	4 (5) The relative or foster parent currently caring
1922	1922	5 for the child is willing and capable of providing the
1923	1923	6 child with a stable and permanent environment.
1924	1924	7 The court shall set a permanency goal that is in the best
1925	1925	8 interest of the child. In determining that goal, the court
1926	1926	9 shall consult with the minor in an age-appropriate manner
1927	1927	10 regarding the proposed permanency or transition plan for the
1928	1928	11 minor. The court's determination shall include the following
1929	1929	12 factors:
1930	1930	13 (1) Age of the child.
1931	1931	14 (2) Options available for permanence, including both
1932	1932	15 out-of-state and in-state placement options.
1933	1933	16 (3) Current placement of the child and the intent of
1934	1934	17 the family regarding adoption.
1935	1935	18 (4) Emotional, physical, and mental status or
1936	1936	19 condition of the child.
1937	1937	20 (5) Types of services previously offered and whether
1938	1938	21 or not the services were successful and, if not
1939	1939	22 successful, the reasons the services failed.
1940	1940	23 (6) Availability of services currently needed and
1941	1941	24 whether the services exist.
1942	1942	25 (7) Status of siblings of the minor.
1943	1943	26 The court shall consider (i) the permanency goal contained
1944	1944
1945	1945
1946	1946
1947	1947
1948	1948
1949	1949	HB5036 - 53 - LRB103 37042 RLC 67157 b
1950	1950
1951	1951
1952	1952	HB5036- 54 -LRB103 37042 RLC 67157 b HB5036 - 54 - LRB103 37042 RLC 67157 b
1953	1953	HB5036 - 54 - LRB103 37042 RLC 67157 b
1954	1954	1 in the service plan, (ii) the appropriateness of the services
1955	1955	2 contained in the plan and whether those services have been
1956	1956	3 provided, (iii) whether reasonable efforts have been made by
1957	1957	4 all the parties to the service plan to achieve the goal, and
1958	1958	5 (iv) whether the plan and goal have been achieved. All
1959	1959	6 evidence relevant to determining these questions, including
1960	1960	7 oral and written reports, may be admitted and may be relied on
1961	1961	8 to the extent of their probative value. If the court makes
1962	1962	9 findings that the Department has failed to make active efforts
1963	1963	10 to provide services as provided in the service plan, the
1964	1964	11 court's order shall specify each party that failure applies to
1965	1965	12 and the applicable time period.
1966	1966	13 The court shall make findings as to whether, in violation
1967	1967	14 of Section 8.2 of the Abused and Neglected Child Reporting
1968	1968	15 Act, any portion of the service plan compels a child or parent
1969	1969	16 to engage in any activity or refrain from any activity that is
1970	1970	17 not reasonably related to remedying a condition or conditions
1971	1971	18 that gave rise or which could give rise to any finding of child
1972	1972	19 abuse or neglect. The services contained in the service plan
1973	1973	20 shall include services reasonably related to remedy the
1974	1974	21 conditions that gave rise to removal of the child from the home
1975	1975	22 of the child's parents, guardian, or legal custodian or that
1976	1976	23 the court has found must be remedied prior to returning the
1977	1977	24 child home. Any tasks the court requires of the parents,
1978	1978	25 guardian, or legal custodian or child prior to returning the
1979	1979	26 child home must be reasonably related to remedying a condition
1980	1980
1981	1981
1982	1982
1983	1983
1984	1984
1985	1985	HB5036 - 54 - LRB103 37042 RLC 67157 b
1986	1986
1987	1987
1988	1988	HB5036- 55 -LRB103 37042 RLC 67157 b HB5036 - 55 - LRB103 37042 RLC 67157 b
1989	1989	HB5036 - 55 - LRB103 37042 RLC 67157 b
1990	1990	1 or conditions that gave rise to or which could give rise to any
1991	1991	2 finding of child abuse or neglect.
1992	1992	3 If the permanency goal is to return home, the court shall
1993	1993	4 make findings that identify any problems that are causing
1994	1994	5 continued placement of the children away from the home and
1995	1995	6 identify what outcomes would be considered a resolution to
1996	1996	7 these problems. The court shall explain to the parents that
1997	1997	8 these findings are based on the information that the court has
1998	1998	9 at that time and may be revised, should additional evidence be
1999	1999	10 presented to the court.
2000	2000	11 The court shall review the Sibling Contact Support Plan
2001	2001	12 developed or modified under subsection (f) of Section 7.4 of
2002	2002	13 the Children and Family Services Act, if applicable. If the
2003	2003	14 Department has not convened a meeting to develop or modify a
2004	2004	15 Sibling Contact Support Plan, or if the court finds that the
2005	2005	16 existing Plan is not in the child's best interest, the court
2006	2006	17 may enter an order requiring the Department to develop,
2007	2007	18 modify, or implement a Sibling Contact Support Plan, or order
2008	2008	19 mediation.
2009	2009	20 If the goal has been achieved, the court shall enter
2010	2010	21 orders that are necessary to conform the minor's legal custody
2011	2011	22 and status to those findings.
2012	2012	23 If, after receiving evidence, the court determines that
2013	2013	24 the services contained in the plan are not reasonably
2014	2014	25 calculated to facilitate achievement of the permanency goal,
2015	2015	26 the court shall put in writing the factual basis supporting
2016	2016
2017	2017
2018	2018
2019	2019
2020	2020
2021	2021	HB5036 - 55 - LRB103 37042 RLC 67157 b
2022	2022
2023	2023
2024	2024	HB5036- 56 -LRB103 37042 RLC 67157 b HB5036 - 56 - LRB103 37042 RLC 67157 b
2025	2025	HB5036 - 56 - LRB103 37042 RLC 67157 b
2026	2026	1 the determination and enter specific findings based on the
2027	2027	2 evidence. The court also shall enter an order for the
2028	2028	3 Department to develop and implement a new service plan or to
2029	2029	4 implement changes to the current service plan consistent with
2030	2030	5 the court's findings. The new service plan shall be filed with
2031	2031	6 the court and served on all parties within 45 days of the date
2032	2032	7 of the order. The court shall continue the matter until the new
2033	2033	8 service plan is filed. Except as authorized by subsection
2034	2034	9 (2.5) of this Section and as otherwise specifically authorized
2035	2035	10 by law, the court is not empowered under this Section to order
2036	2036	11 specific placements, specific services, or specific service
2037	2037	12 providers to be included in the service plan.
2038	2038	13 A guardian or custodian appointed by the court pursuant to
2039	2039	14 this Act shall file updated case plans with the court every 6
2040	2040	15 months.
2041	2041	16 Rights of wards of the court under this Act are
2042	2042	17 enforceable against any public agency by complaints for relief
2043	2043	18 by mandamus filed in any proceedings brought under this Act.
2044	2044	19 (2.5) If, after reviewing the evidence, including evidence
2045	2045	20 from the Department, the court determines that the minor's
2046	2046	21 current or planned placement is not necessary or appropriate
2047	2047	22 to facilitate achievement of the permanency goal, the court
2048	2048	23 shall put in writing the factual basis supporting its
2049	2049	24 determination and enter specific findings based on the
2050	2050	25 evidence. If the court finds that the minor's current or
2051	2051	26 planned placement is not necessary or appropriate, the court
2052	2052
2053	2053
2054	2054
2055	2055
2056	2056
2057	2057	HB5036 - 56 - LRB103 37042 RLC 67157 b
2058	2058
2059	2059
2060	2060	HB5036- 57 -LRB103 37042 RLC 67157 b HB5036 - 57 - LRB103 37042 RLC 67157 b
2061	2061	HB5036 - 57 - LRB103 37042 RLC 67157 b
2062	2062	1 may enter an order directing the Department to implement a
2063	2063	2 recommendation by the minor's treating clinician or a
2064	2064	3 clinician contracted by the Department to evaluate the minor
2065	2065	4 or a recommendation made by the Department. If the Department
2066	2066	5 places a minor in a placement under an order entered under this
2067	2067	6 subsection (2.5), the Department has the authority to remove
2068	2068	7 the minor from that placement when a change in circumstances
2069	2069	8 necessitates the removal to protect the minor's health,
2070	2070	9 safety, and best interest. If the Department determines
2071	2071	10 removal is necessary, the Department shall notify the parties
2072	2072	11 of the planned placement change in writing no later than 10
2073	2073	12 days prior to the implementation of its determination unless
2074	2074	13 remaining in the placement poses an imminent risk of harm to
2075	2075	14 the minor, in which case the Department shall notify the
2076	2076	15 parties of the placement change in writing immediately
2077	2077	16 following the implementation of its decision. The Department
2078	2078	17 shall notify others of the decision to change the minor's
2079	2079	18 placement as required by Department rule.
2080	2080	19 (3) Following the permanency hearing, the court shall
2081	2081	20 enter a written order that includes the determinations
2082	2082	21 required under subsection (2) of this Section and sets forth
2083	2083	22 the following:
2084	2084	23 (a) The future status of the minor, including the
2085	2085	24 permanency goal, and any order necessary to conform the
2086	2086	25 minor's legal custody and status to such determination; or
2087	2087	26 (b) If the permanency goal of the minor cannot be
2088	2088
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093	HB5036 - 57 - LRB103 37042 RLC 67157 b
2094	2094
2095	2095
2096	2096	HB5036- 58 -LRB103 37042 RLC 67157 b HB5036 - 58 - LRB103 37042 RLC 67157 b
2097	2097	HB5036 - 58 - LRB103 37042 RLC 67157 b
2098	2098	1 achieved immediately, the specific reasons for continuing
2099	2099	2 the minor in the care of the Department of Children and
2100	2100	3 Family Services or other agency for short-term placement,
2101	2101	4 and the following determinations:
2102	2102	5 (i) (Blank).
2103	2103	6 (ii) Whether the services required by the court
2104	2104	7 and by any service plan prepared within the prior 6
2105	2105	8 months have been provided and (A) if so, whether the
2106	2106	9 services were reasonably calculated to facilitate the
2107	2107	10 achievement of the permanency goal or (B) if not
2108	2108	11 provided, why the services were not provided.
2109	2109	12 (iii) Whether the minor's current or planned
2110	2110	13 placement is necessary, and appropriate to the plan
2111	2111	14 and goal, recognizing the right of minors to the least
2112	2112	15 restrictive (most family-like) setting available and
2113	2113	16 in close proximity to the parents' home consistent
2114	2114	17 with the health, safety, best interest, and special
2115	2115	18 needs of the minor and, if the minor is placed
2116	2116	19 out-of-state, whether the out-of-state placement
2117	2117	20 continues to be appropriate and consistent with the
2118	2118	21 health, safety, and best interest of the minor.
2119	2119	22 (iv) (Blank).
2120	2120	23 (v) (Blank).
2121	2121	24 (4) The minor or any person interested in the minor may
2122	2122	25 apply to the court for a change in custody of the minor and the
2123	2123	26 appointment of a new custodian or guardian of the person or for
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128
2129	2129	HB5036 - 58 - LRB103 37042 RLC 67157 b
2130	2130
2131	2131
2132	2132	HB5036- 59 -LRB103 37042 RLC 67157 b HB5036 - 59 - LRB103 37042 RLC 67157 b
2133	2133	HB5036 - 59 - LRB103 37042 RLC 67157 b
2134	2134	1 the restoration of the minor to the custody of the minor's
2135	2135	2 parents or former guardian or custodian.
2136	2136	3 When return home is not selected as the permanency goal:
2137	2137	4 (a) The Department, the minor, or the current foster
2138	2138	5 parent or relative caregiver seeking private guardianship
2139	2139	6 may file a motion for private guardianship of the minor.
2140	2140	7 Appointment of a guardian under this Section requires
2141	2141	8 approval of the court.
2142	2142	9 (b) The State's Attorney may file a motion to
2143	2143	10 terminate parental rights of any parent who has failed to
2144	2144	11 make reasonable efforts to correct the conditions which
2145	2145	12 led to the removal of the child or reasonable progress
2146	2146	13 toward the return of the child, as defined in subdivision
2147	2147	14 (D)(m) of Section 1 of the Adoption Act or for whom any
2148	2148	15 other unfitness ground for terminating parental rights as
2149	2149	16 defined in subdivision (D) of Section 1 of the Adoption
2150	2150	17 Act exists.
2151	2151	18 When parental rights have been terminated for a
2152	2152	19 minimum of 3 years and the child who is the subject of the
2153	2153	20 permanency hearing is 13 years old or older and is not
2154	2154	21 currently placed in a placement likely to achieve
2155	2155	22 permanency, the Department of Children and Family Services
2156	2156	23 shall make active reasonable efforts to locate parents
2157	2157	24 whose rights have been terminated, except when the Court
2158	2158	25 determines that those efforts would be futile or
2159	2159	26 inconsistent with the subject child's best interests. The
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164
2165	2165	HB5036 - 59 - LRB103 37042 RLC 67157 b
2166	2166
2167	2167
2168	2168	HB5036- 60 -LRB103 37042 RLC 67157 b HB5036 - 60 - LRB103 37042 RLC 67157 b
2169	2169	HB5036 - 60 - LRB103 37042 RLC 67157 b
2170	2170	1 Department of Children and Family Services shall assess
2171	2171	2 the appropriateness of the parent whose rights have been
2172	2172	3 terminated, and shall, as appropriate, foster and support
2173	2173	4 connections between the parent whose rights have been
2174	2174	5 terminated and the youth. The Department of Children and
2175	2175	6 Family Services shall document its determinations and
2176	2176	7 efforts to foster connections in the child's case plan.
2177	2177	8 Custody of the minor shall not be restored to any parent,
2178	2178	9 guardian, or legal custodian in any case in which the minor is
2179	2179	10 found to be neglected or abused under Section 2-3 or dependent
2180	2180	11 under Section 2-4 of this Act, unless the minor can be cared
2181	2181	12 for at home without endangering the minor's health or safety
2182	2182	13 and it is in the best interest of the minor, and if such
2183	2183	14 neglect, abuse, or dependency is found by the court under
2184	2184	15 paragraph (1) of Section 2-21 of this Act to have come about
2185	2185	16 due to the acts or omissions or both of such parent, guardian,
2186	2186	17 or legal custodian, until such time as an investigation is
2187	2187	18 made as provided in paragraph (5) and a hearing is held on the
2188	2188	19 issue of the health, safety, and best interest of the minor and
2189	2189	20 the fitness of such parent, guardian, or legal custodian to
2190	2190	21 care for the minor and the court enters an order that such
2191	2191	22 parent, guardian, or legal custodian is fit to care for the
2192	2192	23 minor. If a motion is filed to modify or vacate a private
2193	2193	24 guardianship order and return the child to a parent, guardian,
2194	2194	25 or legal custodian, the court may order the Department of
2195	2195	26 Children and Family Services to assess the minor's current and
2196	2196
2197	2197
2198	2198
2199	2199
2200	2200
2201	2201	HB5036 - 60 - LRB103 37042 RLC 67157 b
2202	2202
2203	2203
2204	2204	HB5036- 61 -LRB103 37042 RLC 67157 b HB5036 - 61 - LRB103 37042 RLC 67157 b
2205	2205	HB5036 - 61 - LRB103 37042 RLC 67157 b
2206	2206	1 proposed living arrangements and to provide ongoing monitoring
2207	2207	2 of the health, safety, and best interest of the minor during
2208	2208	3 the pendency of the motion to assist the court in making that
2209	2209	4 determination. In the event that the minor has attained 18
2210	2210	5 years of age and the guardian or custodian petitions the court
2211	2211	6 for an order terminating the minor's guardianship or custody,
2212	2212	7 guardianship or custody shall terminate automatically 30 days
2213	2213	8 after the receipt of the petition unless the court orders
2214	2214	9 otherwise. No legal custodian or guardian of the person may be
2215	2215	10 removed without the legal custodian's or guardian's consent
2216	2216	11 until given notice and an opportunity to be heard by the court.
2217	2217	12 When the court orders a child restored to the custody of
2218	2218	13 the parent or parents, the court shall order the parent or
2219	2219	14 parents to cooperate with the Department of Children and
2220	2220	15 Family Services and comply with the terms of an after-care
2221	2221	16 plan, or risk the loss of custody of the child and possible
2222	2222	17 termination of their parental rights. The court may also enter
2223	2223	18 an order of protective supervision in accordance with Section
2224	2224	19 2-24.
2225	2225	20 If the minor is being restored to the custody of a parent,
2226	2226	21 legal custodian, or guardian who lives outside of Illinois,
2227	2227	22 and an Interstate Compact has been requested and refused, the
2228	2228	23 court may order the Department of Children and Family Services
2229	2229	24 to arrange for an assessment of the minor's proposed living
2230	2230	25 arrangement and for ongoing monitoring of the health, safety,
2231	2231	26 and best interest of the minor and compliance with any order of
2232	2232
2233	2233
2234	2234
2235	2235
2236	2236
2237	2237	HB5036 - 61 - LRB103 37042 RLC 67157 b
2238	2238
2239	2239
2240	2240	HB5036- 62 -LRB103 37042 RLC 67157 b HB5036 - 62 - LRB103 37042 RLC 67157 b
2241	2241	HB5036 - 62 - LRB103 37042 RLC 67157 b
2242	2242	1 protective supervision entered in accordance with Section
2243	2243	2 2-24.
2244	2244	3 (5) Whenever a parent, guardian, or legal custodian files
2245	2245	4 a motion for restoration of custody of the minor, and the minor
2246	2246	5 was adjudicated neglected, abused, or dependent as a result of
2247	2247	6 physical abuse, the court shall cause to be made an
2248	2248	7 investigation as to whether the movant has ever been charged
2249	2249	8 with or convicted of any criminal offense which would indicate
2250	2250	9 the likelihood of any further physical abuse to the minor.
2251	2251	10 Evidence of such criminal convictions shall be taken into
2252	2252	11 account in determining whether the minor can be cared for at
2253	2253	12 home without endangering the minor's health or safety and
2254	2254	13 fitness of the parent, guardian, or legal custodian.
2255	2255	14 (a) Any agency of this State or any subdivision
2256	2256	15 thereof shall cooperate with the agent of the court in
2257	2257	16 providing any information sought in the investigation.
2258	2258	17 (b) The information derived from the investigation and
2259	2259	18 any conclusions or recommendations derived from the
2260	2260	19 information shall be provided to the parent, guardian, or
2261	2261	20 legal custodian seeking restoration of custody prior to
2262	2262	21 the hearing on fitness and the movant shall have an
2263	2263	22 opportunity at the hearing to refute the information or
2264	2264	23 contest its significance.
2265	2265	24 (c) All information obtained from any investigation
2266	2266	25 shall be confidential as provided in Section 5-150 of this
2267	2267	26 Act.
2268	2268
2269	2269
2270	2270
2271	2271
2272	2272
2273	2273	HB5036 - 62 - LRB103 37042 RLC 67157 b
2274	2274
2275	2275
2276	2276	HB5036- 63 -LRB103 37042 RLC 67157 b HB5036 - 63 - LRB103 37042 RLC 67157 b
2277	2277	HB5036 - 63 - LRB103 37042 RLC 67157 b
2278	2278	1 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
2279	2279	2 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
2280	2280	3 6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
2281	2281	4 Section 10. The Adoption Act is amended by changing
2282	2282	5 Section 1 as follows:
2283	2283	6 (750 ILCS 50/1) (from Ch. 40, par. 1501)
2284	2284	7 Sec. 1. Definitions. When used in this Act, unless the
2285	2285	8 context otherwise requires:
2286	2286	9 A. "Child" means a person under legal age subject to
2287	2287	10 adoption under this Act.
2288	2288	11 B. "Related child" means a child subject to adoption where
2289	2289	12 either or both of the adopting parents stands in any of the
2290	2290	13 following relationships to the child by blood, marriage,
2291	2291	14 adoption, or civil union: parent, grand-parent,
2292	2292	15 great-grandparent, brother, sister, step-parent,
2293	2293	16 step-grandparent, step-brother, step-sister, uncle, aunt,
2294	2294	17 great-uncle, great-aunt, first cousin, or second cousin. A
2295	2295	18 person is related to the child as a first cousin or second
2296	2296	19 cousin if they are both related to the same ancestor as either
2297	2297	20 grandchild or great-grandchild. A child whose parent has
2298	2298	21 executed a consent to adoption, a surrender, or a waiver
2299	2299	22 pursuant to Section 10 of this Act or whose parent has signed a
2300	2300	23 denial of paternity pursuant to Section 12 of the Vital
2301	2301	24 Records Act or Section 12a of this Act, or whose parent has had
2302	2302
2303	2303
2304	2304
2305	2305
2306	2306
2307	2307	HB5036 - 63 - LRB103 37042 RLC 67157 b
2308	2308
2309	2309
2310	2310	HB5036- 64 -LRB103 37042 RLC 67157 b HB5036 - 64 - LRB103 37042 RLC 67157 b
2311	2311	HB5036 - 64 - LRB103 37042 RLC 67157 b
2312	2312	1 his or her parental rights terminated, is not a related child
2313	2313	2 to that person, unless (1) the consent is determined to be void
2314	2314	3 or is void pursuant to subsection O of Section 10 of this Act;
2315	2315	4 or (2) the parent of the child executed a consent to adoption
2316	2316	5 by a specified person or persons pursuant to subsection A-1 of
2317	2317	6 Section 10 of this Act and a court of competent jurisdiction
2318	2318	7 finds that such consent is void; or (3) the order terminating
2319	2319	8 the parental rights of the parent is vacated by a court of
2320	2320	9 competent jurisdiction.
2321	2321	10 C. "Agency" for the purpose of this Act means a public
2322	2322	11 child welfare agency or a licensed child welfare agency.
2323	2323	12 D. "Unfit person" means any person whom the court shall
2324	2324	13 find to be unfit to have a child, without regard to the
2325	2325	14 likelihood that the child will be placed for adoption. The
2326	2326	15 grounds of unfitness are any one or more of the following,
2327	2327	16 except that a person shall not be considered an unfit person
2328	2328	17 for the sole reason that the person has relinquished a child in
2329	2329	18 accordance with the Abandoned Newborn Infant Protection Act:
2330	2330	19 (a) Abandonment of the child.
2331	2331	20 (a-1) Abandonment of a newborn infant in a hospital.
2332	2332	21 (a-2) Abandonment of a newborn infant in any setting
2333	2333	22 where the evidence suggests that the parent intended to
2334	2334	23 relinquish his or her parental rights.
2335	2335	24 (b) Failure to maintain a reasonable degree of
2336	2336	25 interest, concern or responsibility as to the child's
2337	2337	26 welfare.
2338	2338
2339	2339
2340	2340
2341	2341
2342	2342
2343	2343	HB5036 - 64 - LRB103 37042 RLC 67157 b
2344	2344
2345	2345
2346	2346	HB5036- 65 -LRB103 37042 RLC 67157 b HB5036 - 65 - LRB103 37042 RLC 67157 b
2347	2347	HB5036 - 65 - LRB103 37042 RLC 67157 b
2348	2348	1 (c) Desertion of the child for more than 3 months next
2349	2349	2 preceding the commencement of the Adoption proceeding.
2350	2350	3 (d) Substantial neglect of the child if continuous or
2351	2351	4 repeated.
2352	2352	5 (d-1) Substantial neglect, if continuous or repeated,
2353	2353	6 of any child residing in the household which resulted in
2354	2354	7 the death of that child.
2355	2355	8 (e) Extreme or repeated cruelty to the child.
2356	2356	9 (f) There is a rebuttable presumption, which can be
2357	2357	10 overcome only by clear and convincing evidence, that a
2358	2358	11 parent is unfit if:
2359	2359	12 (1) Two or more findings of physical abuse have
2360	2360	13 been entered regarding any children under Section 2-21
2361	2361	14 of the Juvenile Court Act of 1987, the most recent of
2362	2362	15 which was determined by the juvenile court hearing the
2363	2363	16 matter to be supported by clear and convincing
2364	2364	17 evidence; or
2365	2365	18 (2) The parent has been convicted or found not
2366	2366	19 guilty by reason of insanity and the conviction or
2367	2367	20 finding resulted from the death of any child by
2368	2368	21 physical abuse; or
2369	2369	22 (3) There is a finding of physical child abuse
2370	2370	23 resulting from the death of any child under Section
2371	2371	24 2-21 of the Juvenile Court Act of 1987.
2372	2372	25 No conviction or finding of delinquency pursuant to
2373	2373	26 Article V of the Juvenile Court Act of 1987 shall be
2374	2374
2375	2375
2376	2376
2377	2377
2378	2378
2379	2379	HB5036 - 65 - LRB103 37042 RLC 67157 b
2380	2380
2381	2381
2382	2382	HB5036- 66 -LRB103 37042 RLC 67157 b HB5036 - 66 - LRB103 37042 RLC 67157 b
2383	2383	HB5036 - 66 - LRB103 37042 RLC 67157 b
2384	2384	1 considered a criminal conviction for the purpose of
2385	2385	2 applying any presumption under this item (f).
2386	2386	3 (g) Failure to protect the child from conditions
2387	2387	4 within his environment injurious to the child's welfare.
2388	2388	5 (h) Other neglect of, or misconduct toward the child;
2389	2389	6 provided that in making a finding of unfitness the court
2390	2390	7 hearing the adoption proceeding shall not be bound by any
2391	2391	8 previous finding, order or judgment affecting or
2392	2392	9 determining the rights of the parents toward the child
2393	2393	10 sought to be adopted in any other proceeding except such
2394	2394	11 proceedings terminating parental rights as shall be had
2395	2395	12 under either this Act, the Juvenile Court Act or the
2396	2396	13 Juvenile Court Act of 1987.
2397	2397	14 (i) Depravity. Conviction of any one of the following
2398	2398	15 crimes shall create a presumption that a parent is
2399	2399	16 depraved which can be overcome only by clear and
2400	2400	17 convincing evidence: (1) first degree murder in violation
2401	2401	18 of paragraph (1) or (2) of subsection (a) of Section 9-1 of
2402	2402	19 the Criminal Code of 1961 or the Criminal Code of 2012 or
2403	2403	20 conviction of second degree murder in violation of
2404	2404	21 subsection (a) of Section 9-2 of the Criminal Code of 1961
2405	2405	22 or the Criminal Code of 2012 of a parent of the child to be
2406	2406	23 adopted; (2) first degree murder or second degree murder
2407	2407	24 of any child in violation of the Criminal Code of 1961 or
2408	2408	25 the Criminal Code of 2012; (3) attempt or conspiracy to
2409	2409	26 commit first degree murder or second degree murder of any
2410	2410
2411	2411
2412	2412
2413	2413
2414	2414
2415	2415	HB5036 - 66 - LRB103 37042 RLC 67157 b
2416	2416
2417	2417
2418	2418	HB5036- 67 -LRB103 37042 RLC 67157 b HB5036 - 67 - LRB103 37042 RLC 67157 b
2419	2419	HB5036 - 67 - LRB103 37042 RLC 67157 b
2420	2420	1 child in violation of the Criminal Code of 1961 or the
2421	2421	2 Criminal Code of 2012; (4) solicitation to commit murder
2422	2422	3 of any child, solicitation to commit murder of any child
2423	2423	4 for hire, or solicitation to commit second degree murder
2424	2424	5 of any child in violation of the Criminal Code of 1961 or
2425	2425	6 the Criminal Code of 2012; (5) predatory criminal sexual
2426	2426	7 assault of a child in violation of Section 11-1.40 or
2427	2427	8 12-14.1 of the Criminal Code of 1961 or the Criminal Code
2428	2428	9 of 2012; (6) heinous battery of any child in violation of
2429	2429	10 the Criminal Code of 1961; (7) aggravated battery of any
2430	2430	11 child in violation of the Criminal Code of 1961 or the
2431	2431	12 Criminal Code of 2012; (8) any violation of Section
2432	2432	13 11-1.20 or Section 12-13 of the Criminal Code of 1961 or
2433	2433	14 the Criminal Code of 2012; (9) any violation of subsection
2434	2434	15 (a) of Section 11-1.50 or Section 12-16 of the Criminal
2435	2435	16 Code of 1961 or the Criminal Code of 2012; (10) any
2436	2436	17 violation of Section 11-9.1 of the Criminal Code of 1961
2437	2437	18 or the Criminal Code of 2012; (11) any violation of
2438	2438	19 Section 11-9.1A of the Criminal Code of 1961 or the
2439	2439	20 Criminal Code of 2012; or (12) an offense in any other
2440	2440	21 state the elements of which are similar and bear a
2441	2441	22 substantial relationship to any of the enumerated offenses
2442	2442	23 in this subsection (i).
2443	2443	24 There is a rebuttable presumption that a parent is
2444	2444	25 depraved if the parent has been criminally convicted of at
2445	2445	26 least 3 felonies under the laws of this State or any other
2446	2446
2447	2447
2448	2448
2449	2449
2450	2450
2451	2451	HB5036 - 67 - LRB103 37042 RLC 67157 b
2452	2452
2453	2453
2454	2454	HB5036- 68 -LRB103 37042 RLC 67157 b HB5036 - 68 - LRB103 37042 RLC 67157 b
2455	2455	HB5036 - 68 - LRB103 37042 RLC 67157 b
2456	2456	1 state, or under federal law, or the criminal laws of any
2457	2457	2 United States territory; and at least one of these
2458	2458	3 convictions took place within 5 years of the filing of the
2459	2459	4 petition or motion seeking termination of parental rights.
2460	2460	5 There is a rebuttable presumption that a parent is
2461	2461	6 depraved if that parent has been criminally convicted of
2462	2462	7 either first or second degree murder of any person as
2463	2463	8 defined in the Criminal Code of 1961 or the Criminal Code
2464	2464	9 of 2012 within 10 years of the filing date of the petition
2465	2465	10 or motion to terminate parental rights.
2466	2466	11 No conviction or finding of delinquency pursuant to
2467	2467	12 Article 5 of the Juvenile Court Act of 1987 shall be
2468	2468	13 considered a criminal conviction for the purpose of
2469	2469	14 applying any presumption under this item (i).
2470	2470	15 (j) Open and notorious adultery or fornication.
2471	2471	16 (j-1) (Blank).
2472	2472	17 (k) Habitual drunkenness or addiction to drugs, other
2473	2473	18 than those prescribed by a physician, for at least one
2474	2474	19 year immediately prior to the commencement of the
2475	2475	20 unfitness proceeding.
2476	2476	21 There is a rebuttable presumption that a parent is
2477	2477	22 unfit under this subsection with respect to any child to
2478	2478	23 which that parent gives birth where there is a confirmed
2479	2479	24 test result that at birth the child's blood, urine, or
2480	2480	25 meconium contained any amount of a controlled substance as
2481	2481	26 defined in subsection (f) of Section 102 of the Illinois
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486
2487	2487	HB5036 - 68 - LRB103 37042 RLC 67157 b
2488	2488
2489	2489
2490	2490	HB5036- 69 -LRB103 37042 RLC 67157 b HB5036 - 69 - LRB103 37042 RLC 67157 b
2491	2491	HB5036 - 69 - LRB103 37042 RLC 67157 b
2492	2492	1 Controlled Substances Act or metabolites of such
2493	2493	2 substances, the presence of which in the newborn infant
2494	2494	3 was not the result of medical treatment administered to
2495	2495	4 the mother or the newborn infant; and the biological
2496	2496	5 mother of this child is the biological mother of at least
2497	2497	6 one other child who was adjudicated a neglected minor
2498	2498	7 under subsection (c) of Section 2-3 of the Juvenile Court
2499	2499	8 Act of 1987.
2500	2500	9 (l) Failure to demonstrate a reasonable degree of
2501	2501	10 interest, concern or responsibility as to the welfare of a
2502	2502	11 new born child during the first 30 days after its birth.
2503	2503	12 (m) Failure by a parent (i) to make reasonable efforts
2504	2504	13 to correct the conditions that were the basis for the
2505	2505	14 removal of the child from the parent during any 9-month
2506	2506	15 period following the adjudication of neglected or abused
2507	2507	16 minor under Section 2-3 of the Juvenile Court Act of 1987
2508	2508	17 or dependent minor under Section 2-4 of that Act, or (ii)
2509	2509	18 to make reasonable progress toward the return of the child
2510	2510	19 to the parent during any 9-month period following the
2511	2511	20 adjudication of neglected or abused minor under Section
2512	2512	21 2-3 of the Juvenile Court Act of 1987 or dependent minor
2513	2513	22 under Section 2-4 of that Act. If a service plan has been
2514	2514	23 established as required under Section 8.2 of the Abused
2515	2515	24 and Neglected Child Reporting Act to correct the
2516	2516	25 conditions that were the basis for the removal of the
2517	2517	26 child from the parent and if those services were
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522
2523	2523	HB5036 - 69 - LRB103 37042 RLC 67157 b
2524	2524
2525	2525
2526	2526	HB5036- 70 -LRB103 37042 RLC 67157 b HB5036 - 70 - LRB103 37042 RLC 67157 b
2527	2527	HB5036 - 70 - LRB103 37042 RLC 67157 b
2528	2528	1 available, then, for purposes of this Act, "failure to
2529	2529	2 make reasonable progress toward the return of the child to
2530	2530	3 the parent" includes the parent's failure to substantially
2531	2531	4 fulfill his or her obligations under the service plan and
2532	2532	5 correct the conditions that brought the child into care
2533	2533	6 during any 9-month period following the adjudication under
2534	2534	7 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
2535	2535	8 Notwithstanding any other provision, when a petition or
2536	2536	9 motion seeks to terminate parental rights on the basis of
2537	2537	10 item (ii) of this subsection (m), the petitioner shall
2538	2538	11 file with the court and serve on the parties a pleading
2539	2539	12 that specifies the 9-month period or periods relied on.
2540	2540	13 The pleading shall be filed and served on the parties no
2541	2541	14 later than 3 weeks before the date set by the court for
2542	2542	15 closure of discovery, and the allegations in the pleading
2543	2543	16 shall be treated as incorporated into the petition or
2544	2544	17 motion. Failure of a respondent to file a written denial
2545	2545	18 of the allegations in the pleading shall not be treated as
2546	2546	19 an admission that the allegations are true. A parent shall
2547	2547	20 not be found unfit under this subsection (m) for failure
2548	2548	21 to make reasonable efforts or reasonable progress for any
2549	2549	22 9-month period during which a court, hearing a case under
2550	2550	23 Article II of the Juvenile Court Act of 1987, found that
2551	2551	24 the Department failed to make active efforts, as defined
2552	2552	25 in Section 1-3 of the Juvenile Court Act of 1987 with
2553	2553	26 respect to that parent. This provision applies to findings
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558
2559	2559	HB5036 - 70 - LRB103 37042 RLC 67157 b
2560	2560
2561	2561
2562	2562	HB5036- 71 -LRB103 37042 RLC 67157 b HB5036 - 71 - LRB103 37042 RLC 67157 b
2563	2563	HB5036 - 71 - LRB103 37042 RLC 67157 b
2564	2564	1 of failure to make active efforts made on or after the
2565	2565	2 effective date of this amendatory Act of the 103rd General
2566	2566	3 Assembly.
2567	2567	4 (m-1) (Blank).
2568	2568	5 (n) Evidence of intent to forgo his or her parental
2569	2569	6 rights, whether or not the child is a ward of the court,
2570	2570	7 (1) as manifested by his or her failure for a period of 12
2571	2571	8 months: (i) to visit the child, (ii) to communicate with
2572	2572	9 the child or agency, although able to do so and not
2573	2573	10 prevented from doing so by an agency or by court order, or
2574	2574	11 (iii) to maintain contact with or plan for the future of
2575	2575	12 the child, although physically able to do so, or (2) as
2576	2576	13 manifested by the father's failure, where he and the
2577	2577	14 mother of the child were unmarried to each other at the
2578	2578	15 time of the child's birth, (i) to commence legal
2579	2579	16 proceedings to establish his paternity under the Illinois
2580	2580	17 Parentage Act of 1984, the Illinois Parentage Act of 2015,
2581	2581	18 or the law of the jurisdiction of the child's birth within
2582	2582	19 30 days of being informed, pursuant to Section 12a of this
2583	2583	20 Act, that he is the father or the likely father of the
2584	2584	21 child or, after being so informed where the child is not
2585	2585	22 yet born, within 30 days of the child's birth, or (ii) to
2586	2586	23 make a good faith effort to pay a reasonable amount of the
2587	2587	24 expenses related to the birth of the child and to provide a
2588	2588	25 reasonable amount for the financial support of the child,
2589	2589	26 the court to consider in its determination all relevant
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594
2595	2595	HB5036 - 71 - LRB103 37042 RLC 67157 b
2596	2596
2597	2597
2598	2598	HB5036- 72 -LRB103 37042 RLC 67157 b HB5036 - 72 - LRB103 37042 RLC 67157 b
2599	2599	HB5036 - 72 - LRB103 37042 RLC 67157 b
2600	2600	1 circumstances, including the financial condition of both
2601	2601	2 parents; provided that the ground for termination provided
2602	2602	3 in this subparagraph (n)(2)(ii) shall only be available
2603	2603	4 where the petition is brought by the mother or the husband
2604	2604	5 of the mother.
2605	2605	6 Contact or communication by a parent with his or her
2606	2606	7 child that does not demonstrate affection and concern does
2607	2607	8 not constitute reasonable contact and planning under
2608	2608	9 subdivision (n). In the absence of evidence to the
2609	2609	10 contrary, the ability to visit, communicate, maintain
2610	2610	11 contact, pay expenses and plan for the future shall be
2611	2611	12 presumed. The subjective intent of the parent, whether
2612	2612	13 expressed or otherwise, unsupported by evidence of the
2613	2613	14 foregoing parental acts manifesting that intent, shall not
2614	2614	15 preclude a determination that the parent has intended to
2615	2615	16 forgo his or her parental rights. In making this
2616	2616	17 determination, the court may consider but shall not
2617	2617	18 require a showing of diligent efforts by an authorized
2618	2618	19 agency to encourage the parent to perform the acts
2619	2619	20 specified in subdivision (n).
2620	2620	21 It shall be an affirmative defense to any allegation
2621	2621	22 under paragraph (2) of this subsection that the father's
2622	2622	23 failure was due to circumstances beyond his control or to
2623	2623	24 impediments created by the mother or any other person
2624	2624	25 having legal custody. Proof of that fact need only be by a
2625	2625	26 preponderance of the evidence.
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630
2631	2631	HB5036 - 72 - LRB103 37042 RLC 67157 b
2632	2632
2633	2633
2634	2634	HB5036- 73 -LRB103 37042 RLC 67157 b HB5036 - 73 - LRB103 37042 RLC 67157 b
2635	2635	HB5036 - 73 - LRB103 37042 RLC 67157 b
2636	2636	1 (o) Repeated or continuous failure by the parents,
2637	2637	2 although physically and financially able, to provide the
2638	2638	3 child with adequate food, clothing, or shelter.
2639	2639	4 (p) Inability to discharge parental responsibilities
2640	2640	5 supported by competent evidence from a psychiatrist,
2641	2641	6 licensed clinical social worker, or clinical psychologist
2642	2642	7 of mental impairment, mental illness or an intellectual
2643	2643	8 disability as defined in Section 1-116 of the Mental
2644	2644	9 Health and Developmental Disabilities Code, or
2645	2645	10 developmental disability as defined in Section 1-106 of
2646	2646	11 that Code, and there is sufficient justification to
2647	2647	12 believe that the inability to discharge parental
2648	2648	13 responsibilities shall extend beyond a reasonable time
2649	2649	14 period. However, this subdivision (p) shall not be
2650	2650	15 construed so as to permit a licensed clinical social
2651	2651	16 worker to conduct any medical diagnosis to determine
2652	2652	17 mental illness or mental impairment.
2653	2653	18 (q) (Blank).
2654	2654	19 (r) The child is in the temporary custody or
2655	2655	20 guardianship of the Department of Children and Family
2656	2656	21 Services, the parent is incarcerated as a result of
2657	2657	22 criminal conviction at the time the petition or motion for
2658	2658	23 termination of parental rights is filed, prior to
2659	2659	24 incarceration the parent had little or no contact with the
2660	2660	25 child or provided little or no support for the child, and
2661	2661	26 the parent's incarceration will prevent the parent from
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666
2667	2667	HB5036 - 73 - LRB103 37042 RLC 67157 b
2668	2668
2669	2669
2670	2670	HB5036- 74 -LRB103 37042 RLC 67157 b HB5036 - 74 - LRB103 37042 RLC 67157 b
2671	2671	HB5036 - 74 - LRB103 37042 RLC 67157 b
2672	2672	1 discharging his or her parental responsibilities for the
2673	2673	2 child for a period in excess of 2 years after the filing of
2674	2674	3 the petition or motion for termination of parental rights.
2675	2675	4 (s) The child is in the temporary custody or
2676	2676	5 guardianship of the Department of Children and Family
2677	2677	6 Services, the parent is incarcerated at the time the
2678	2678	7 petition or motion for termination of parental rights is
2679	2679	8 filed, the parent has been repeatedly incarcerated as a
2680	2680	9 result of criminal convictions, and the parent's repeated
2681	2681	10 incarceration has prevented the parent from discharging
2682	2682	11 his or her parental responsibilities for the child.
2683	2683	12 (t) A finding that at birth the child's blood, urine,
2684	2684	13 or meconium contained any amount of a controlled substance
2685	2685	14 as defined in subsection (f) of Section 102 of the
2686	2686	15 Illinois Controlled Substances Act, or a metabolite of a
2687	2687	16 controlled substance, with the exception of controlled
2688	2688	17 substances or metabolites of such substances, the presence
2689	2689	18 of which in the newborn infant was the result of medical
2690	2690	19 treatment administered to the mother or the newborn
2691	2691	20 infant, and that the biological mother of this child is
2692	2692	21 the biological mother of at least one other child who was
2693	2693	22 adjudicated a neglected minor under subsection (c) of
2694	2694	23 Section 2-3 of the Juvenile Court Act of 1987, after which
2695	2695	24 the biological mother had the opportunity to enroll in and
2696	2696	25 participate in a clinically appropriate substance abuse
2697	2697	26 counseling, treatment, and rehabilitation program.
2698	2698
2699	2699
2700	2700
2701	2701
2702	2702
2703	2703	HB5036 - 74 - LRB103 37042 RLC 67157 b
2704	2704
2705	2705
2706	2706	HB5036- 75 -LRB103 37042 RLC 67157 b HB5036 - 75 - LRB103 37042 RLC 67157 b
2707	2707	HB5036 - 75 - LRB103 37042 RLC 67157 b
2708	2708	1 E. "Parent" means a person who is the legal mother or legal
2709	2709	2 father of the child as defined in subsection X or Y of this
2710	2710	3 Section. For the purpose of this Act, a parent who has executed
2711	2711	4 a consent to adoption, a surrender, or a waiver pursuant to
2712	2712	5 Section 10 of this Act, who has signed a Denial of Paternity
2713	2713	6 pursuant to Section 12 of the Vital Records Act or Section 12a
2714	2714	7 of this Act, or whose parental rights have been terminated by a
2715	2715	8 court, is not a parent of the child who was the subject of the
2716	2716	9 consent, surrender, waiver, or denial unless (1) the consent
2717	2717	10 is void pursuant to subsection O of Section 10 of this Act; or
2718	2718	11 (2) the person executed a consent to adoption by a specified
2719	2719	12 person or persons pursuant to subsection A-1 of Section 10 of
2720	2720	13 this Act and a court of competent jurisdiction finds that the
2721	2721	14 consent is void; or (3) the order terminating the parental
2722	2722	15 rights of the person is vacated by a court of competent
2723	2723	16 jurisdiction.
2724	2724	17 F. A person is available for adoption when the person is:
2725	2725	18 (a) a child who has been surrendered for adoption to
2726	2726	19 an agency and to whose adoption the agency has thereafter
2727	2727	20 consented;
2728	2728	21 (b) a child to whose adoption a person authorized by
2729	2729	22 law, other than his parents, has consented, or to whose
2730	2730	23 adoption no consent is required pursuant to Section 8 of
2731	2731	24 this Act;
2732	2732	25 (c) a child who is in the custody of persons who intend
2733	2733	26 to adopt him through placement made by his parents;
2734	2734
2735	2735
2736	2736
2737	2737
2738	2738
2739	2739	HB5036 - 75 - LRB103 37042 RLC 67157 b
2740	2740
2741	2741
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2743	2743	HB5036 - 76 - LRB103 37042 RLC 67157 b
2744	2744	1 (c-1) a child for whom a parent has signed a specific
2745	2745	2 consent pursuant to subsection O of Section 10;
2746	2746	3 (d) an adult who meets the conditions set forth in
2747	2747	4 Section 3 of this Act; or
2748	2748	5 (e) a child who has been relinquished as defined in
2749	2749	6 Section 10 of the Abandoned Newborn Infant Protection Act.
2750	2750	7 A person who would otherwise be available for adoption
2751	2751	8 shall not be deemed unavailable for adoption solely by reason
2752	2752	9 of his or her death.
2753	2753	10 G. The singular includes the plural and the plural
2754	2754	11 includes the singular and the "male" includes the "female", as
2755	2755	12 the context of this Act may require.
2756	2756	13 H. (Blank).
2757	2757	14 I. "Habitual residence" has the meaning ascribed to it in
2758	2758	15 the federal Intercountry Adoption Act of 2000 and regulations
2759	2759	16 promulgated thereunder.
2760	2760	17 J. "Immediate relatives" means the biological parents, the
2761	2761	18 parents of the biological parents and siblings of the
2762	2762	19 biological parents.
2763	2763	20 K. "Intercountry adoption" is a process by which a child
2764	2764	21 from a country other than the United States is adopted by
2765	2765	22 persons who are habitual residents of the United States, or
2766	2766	23 the child is a habitual resident of the United States who is
2767	2767	24 adopted by persons who are habitual residents of a country
2768	2768	25 other than the United States.
2769	2769	26 L. (Blank).
2770	2770
2771	2771
2772	2772
2773	2773
2774	2774
2775	2775	HB5036 - 76 - LRB103 37042 RLC 67157 b
2776	2776
2777	2777
2778	2778	HB5036- 77 -LRB103 37042 RLC 67157 b HB5036 - 77 - LRB103 37042 RLC 67157 b
2779	2779	HB5036 - 77 - LRB103 37042 RLC 67157 b
2780	2780	1 M. "Interstate Compact on the Placement of Children" is a
2781	2781	2 law enacted by all states and certain territories for the
2782	2782	3 purpose of establishing uniform procedures for handling the
2783	2783	4 interstate placement of children in foster homes, adoptive
2784	2784	5 homes, or other child care facilities.
2785	2785	6 N. (Blank).
2786	2786	7 O. "Preadoption requirements" means any conditions or
2787	2787	8 standards established by the laws or administrative rules of
2788	2788	9 this State that must be met by a prospective adoptive parent
2789	2789	10 prior to the placement of a child in an adoptive home.
2790	2790	11 P. "Abused child" means a child whose parent or immediate
2791	2791	12 family member, or any person responsible for the child's
2792	2792	13 welfare, or any individual residing in the same home as the
2793	2793	14 child, or a paramour of the child's parent:
2794	2794	15 (a) inflicts, causes to be inflicted, or allows to be
2795	2795	16 inflicted upon the child physical injury, by other than
2796	2796	17 accidental means, that causes death, disfigurement,
2797	2797	18 impairment of physical or emotional health, or loss or
2798	2798	19 impairment of any bodily function;
2799	2799	20 (b) creates a substantial risk of physical injury to
2800	2800	21 the child by other than accidental means which would be
2801	2801	22 likely to cause death, disfigurement, impairment of
2802	2802	23 physical or emotional health, or loss or impairment of any
2803	2803	24 bodily function;
2804	2804	25 (c) commits or allows to be committed any sex offense
2805	2805	26 against the child, as sex offenses are defined in the
2806	2806
2807	2807
2808	2808
2809	2809
2810	2810
2811	2811	HB5036 - 77 - LRB103 37042 RLC 67157 b
2812	2812
2813	2813
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2815	2815	HB5036 - 78 - LRB103 37042 RLC 67157 b
2816	2816	1 Criminal Code of 2012 and extending those definitions of
2817	2817	2 sex offenses to include children under 18 years of age;
2818	2818	3 (d) commits or allows to be committed an act or acts of
2819	2819	4 torture upon the child; or
2820	2820	5 (e) inflicts excessive corporal punishment.
2821	2821	6 Q. "Neglected child" means any child whose parent or other
2822	2822	7 person responsible for the child's welfare withholds or denies
2823	2823	8 nourishment or medically indicated treatment including food or
2824	2824	9 care denied solely on the basis of the present or anticipated
2825	2825	10 mental or physical impairment as determined by a physician
2826	2826	11 acting alone or in consultation with other physicians or
2827	2827	12 otherwise does not provide the proper or necessary support,
2828	2828	13 education as required by law, or medical or other remedial
2829	2829	14 care recognized under State law as necessary for a child's
2830	2830	15 well-being, or other care necessary for his or her well-being,
2831	2831	16 including adequate food, clothing and shelter; or who is
2832	2832	17 abandoned by his or her parents or other person responsible
2833	2833	18 for the child's welfare.
2834	2834	19 A child shall not be considered neglected or abused for
2835	2835	20 the sole reason that the child's parent or other person
2836	2836	21 responsible for his or her welfare depends upon spiritual
2837	2837	22 means through prayer alone for the treatment or cure of
2838	2838	23 disease or remedial care as provided under Section 4 of the
2839	2839	24 Abused and Neglected Child Reporting Act. A child shall not be
2840	2840	25 considered neglected or abused for the sole reason that the
2841	2841	26 child's parent or other person responsible for the child's
2842	2842
2843	2843
2844	2844
2845	2845
2846	2846
2847	2847	HB5036 - 78 - LRB103 37042 RLC 67157 b
2848	2848
2849	2849
2850	2850	HB5036- 79 -LRB103 37042 RLC 67157 b HB5036 - 79 - LRB103 37042 RLC 67157 b
2851	2851	HB5036 - 79 - LRB103 37042 RLC 67157 b
2852	2852	1 welfare failed to vaccinate, delayed vaccination, or refused
2853	2853	2 vaccination for the child due to a waiver on religious or
2854	2854	3 medical grounds as permitted by law.
2855	2855	4 R. "Putative father" means a man who may be a child's
2856	2856	5 father, but who (1) is not married to the child's mother on or
2857	2857	6 before the date that the child was or is to be born and (2) has
2858	2858	7 not established paternity of the child in a court proceeding
2859	2859	8 before the filing of a petition for the adoption of the child.
2860	2860	9 The term includes a male who is less than 18 years of age.
2861	2861	10 "Putative father" does not mean a man who is the child's father
2862	2862	11 as a result of criminal sexual abuse or assault as defined
2863	2863	12 under Article 11 of the Criminal Code of 2012.
2864	2864	13 S. "Standby adoption" means an adoption in which a parent
2865	2865	14 consents to custody and termination of parental rights to
2866	2866	15 become effective upon the occurrence of a future event, which
2867	2867	16 is either the death of the parent or the request of the parent
2868	2868	17 for the entry of a final judgment of adoption.
2869	2869	18 T. (Blank).
2870	2870	19 T-5. "Biological parent", "birth parent", or "natural
2871	2871	20 parent" of a child are interchangeable terms that mean a
2872	2872	21 person who is biologically or genetically related to that
2873	2873	22 child as a parent.
2874	2874	23 U. "Interstate adoption" means the placement of a minor
2875	2875	24 child with a prospective adoptive parent for the purpose of
2876	2876	25 pursuing an adoption for that child that is subject to the
2877	2877	26 provisions of the Interstate Compact on the Placement of
2878	2878
2879	2879
2880	2880
2881	2881
2882	2882
2883	2883	HB5036 - 79 - LRB103 37042 RLC 67157 b
2884	2884
2885	2885
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2887	2887	HB5036 - 80 - LRB103 37042 RLC 67157 b
2888	2888	1 Children.
2889	2889	2 V. (Blank).
2890	2890	3 W. (Blank).
2891	2891	4 X. "Legal father" of a child means a man who is recognized
2892	2892	5 as or presumed to be that child's father:
2893	2893	6 (1) because of his marriage to or civil union with the
2894	2894	7 child's parent at the time of the child's birth or within
2895	2895	8 300 days prior to that child's birth, unless he signed a
2896	2896	9 denial of paternity pursuant to Section 12 of the Vital
2897	2897	10 Records Act or a waiver pursuant to Section 10 of this Act;
2898	2898	11 or
2899	2899	12 (2) because his paternity of the child has been
2900	2900	13 established pursuant to the Illinois Parentage Act, the
2901	2901	14 Illinois Parentage Act of 1984, or the Gestational
2902	2902	15 Surrogacy Act; or
2903	2903	16 (3) because he is listed as the child's father or
2904	2904	17 parent on the child's birth certificate, unless he is
2905	2905	18 otherwise determined by an administrative or judicial
2906	2906	19 proceeding not to be the parent of the child or unless he
2907	2907	20 rescinds his acknowledgment of paternity pursuant to the
2908	2908	21 Illinois Parentage Act of 1984; or
2909	2909	22 (4) because his paternity or adoption of the child has
2910	2910	23 been established by a court of competent jurisdiction.
2911	2911	24 The definition in this subsection X shall not be construed
2912	2912	25 to provide greater or lesser rights as to the number of parents
2913	2913	26 who can be named on a final judgment order of adoption or
2914	2914
2915	2915
2916	2916
2917	2917
2918	2918
2919	2919	HB5036 - 80 - LRB103 37042 RLC 67157 b
2920	2920
2921	2921
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2923	2923	HB5036 - 81 - LRB103 37042 RLC 67157 b
2924	2924	1 Illinois birth certificate that otherwise exist under Illinois
2925	2925	2 law.
2926	2926	3 Y. "Legal mother" of a child means a woman who is
2927	2927	4 recognized as or presumed to be that child's mother:
2928	2928	5 (1) because she gave birth to the child except as
2929	2929	6 provided in the Gestational Surrogacy Act; or
2930	2930	7 (2) because her maternity of the child has been
2931	2931	8 established pursuant to the Illinois Parentage Act of 1984
2932	2932	9 or the Gestational Surrogacy Act; or
2933	2933	10 (3) because her maternity or adoption of the child has
2934	2934	11 been established by a court of competent jurisdiction; or
2935	2935	12 (4) because of her marriage to or civil union with the
2936	2936	13 child's other parent at the time of the child's birth or
2937	2937	14 within 300 days prior to the time of birth; or
2938	2938	15 (5) because she is listed as the child's mother or
2939	2939	16 parent on the child's birth certificate unless she is
2940	2940	17 otherwise determined by an administrative or judicial
2941	2941	18 proceeding not to be the parent of the child.
2942	2942	19 The definition in this subsection Y shall not be construed
2943	2943	20 to provide greater or lesser rights as to the number of parents
2944	2944	21 who can be named on a final judgment order of adoption or
2945	2945	22 Illinois birth certificate that otherwise exist under Illinois
2946	2946	23 law.
2947	2947	24 Z. "Department" means the Illinois Department of Children
2948	2948	25 and Family Services.
2949	2949	26 AA. "Placement disruption" means a circumstance where the
2950	2950
2951	2951
2952	2952
2953	2953
2954	2954
2955	2955	HB5036 - 81 - LRB103 37042 RLC 67157 b
2956	2956
2957	2957
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2959	2959	HB5036 - 82 - LRB103 37042 RLC 67157 b
2960	2960
2961	2961
2962	2962
2963	2963
2964	2964
2965	2965	HB5036 - 82 - LRB103 37042 RLC 67157 b