Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2177 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2177 Introduced 2/7/2025, by Sen. Li Arellano, Jr. SYNOPSIS AS INTRODUCED: 750 ILCS 50/1 Amends the Adoption Act. Defines an "unfit person" to mean a person in which there is substance abuse or addiction or both to alcohol or illegal drugs. Provides that if the evidence indicates a parent's past or current abuse or addiction, the court must review the parent's history of such and make a finding that it no longer is a threat to the health and welfare of a child. LRB104 10758 JRC 20837 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2177 Introduced 2/7/2025, by Sen. Li Arellano, Jr. SYNOPSIS AS INTRODUCED: 750 ILCS 50/1 750 ILCS 50/1 Amends the Adoption Act. Defines an "unfit person" to mean a person in which there is substance abuse or addiction or both to alcohol or illegal drugs. Provides that if the evidence indicates a parent's past or current abuse or addiction, the court must review the parent's history of such and make a finding that it no longer is a threat to the health and welfare of a child. LRB104 10758 JRC 20837 b LRB104 10758 JRC 20837 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2177 Introduced 2/7/2025, by Sen. Li Arellano, Jr. SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 50/1 750 ILCS 50/1
4	4	750 ILCS 50/1
5	5	Amends the Adoption Act. Defines an "unfit person" to mean a person in which there is substance abuse or addiction or both to alcohol or illegal drugs. Provides that if the evidence indicates a parent's past or current abuse or addiction, the court must review the parent's history of such and make a finding that it no longer is a threat to the health and welfare of a child.
6	6	LRB104 10758 JRC 20837 b LRB104 10758 JRC 20837 b
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8	8	A BILL FOR
9	9	SB2177LRB104 10758 JRC 20837 b SB2177 LRB104 10758 JRC 20837 b
10	10	SB2177 LRB104 10758 JRC 20837 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Adoption Act is amended by changing Section
15	15	5 1 as follows:
16	16	6 (750 ILCS 50/1)
17	17	7 Sec. 1. Definitions. When used in this Act, unless the
18	18	8 context otherwise requires:
19	19	9 A. (1) "Child" means a person under legal age subject to
20	20	10 adoption under this Act.
21	21	11 A-5. (2) "Adult", when referring to a person who is the
22	22	12 subject of a petition for adoption under Section 3 of this Act,
23	23	13 means a person who is 18 years old or older.
24	24	14 B. "Related child" means a child subject to adoption where
25	25	15 either or both of the adopting parents stands in any of the
26	26	16 following relationships to the child by blood, marriage,
27	27	17 adoption, or civil union: parent, grand-parent,
28	28	18 great-grandparent, brother, sister, step-parent,
29	29	19 step-grandparent, step-brother, step-sister, uncle, aunt,
30	30	20 great-uncle, great-aunt, first cousin, or second cousin. A
31	31	21 person is related to the child as a first cousin or second
32	32	22 cousin if they are both related to the same ancestor as either
33	33	23 grandchild or great-grandchild. A child whose parent has
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2177 Introduced 2/7/2025, by Sen. Li Arellano, Jr. SYNOPSIS AS INTRODUCED:
38	38	750 ILCS 50/1 750 ILCS 50/1
39	39	750 ILCS 50/1
40	40	Amends the Adoption Act. Defines an "unfit person" to mean a person in which there is substance abuse or addiction or both to alcohol or illegal drugs. Provides that if the evidence indicates a parent's past or current abuse or addiction, the court must review the parent's history of such and make a finding that it no longer is a threat to the health and welfare of a child.
41	41	LRB104 10758 JRC 20837 b LRB104 10758 JRC 20837 b
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43	43	A BILL FOR
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68	68	1 executed a consent to adoption, a surrender, or a waiver
69	69	2 pursuant to Section 10 of this Act or whose parent has signed a
70	70	3 denial of paternity pursuant to Section 12 of the Vital
71	71	4 Records Act or Section 12a of this Act, or whose parent has had
72	72	5 his or her parental rights terminated, is not a related child
73	73	6 to that person, unless (1) the consent is determined to be void
74	74	7 or is void pursuant to subsection O of Section 10 of this Act;
75	75	8 or (2) the parent of the child executed a consent to adoption
76	76	9 by a specified person or persons pursuant to subsection A-1 of
77	77	10 Section 10 of this Act and a court of competent jurisdiction
78	78	11 finds that such consent is void; or (3) the order terminating
79	79	12 the parental rights of the parent is vacated by a court of
80	80	13 competent jurisdiction.
81	81	14 C. "Agency" for the purpose of this Act means a public
82	82	15 child welfare agency or a licensed child welfare agency.
83	83	16 D. "Unfit person" means any person whom the court shall
84	84	17 find to be unfit to have a child, without regard to the
85	85	18 likelihood that the child will be placed for adoption. The
86	86	19 grounds of unfitness are any one or more of the following,
87	87	20 except that a person shall not be considered an unfit person
88	88	21 for the sole reason that the person has relinquished a child in
89	89	22 accordance with the Abandoned Newborn Infant Protection Act:
90	90	23 (a) Abandonment of the child.
91	91	24 (a-1) Abandonment of a newborn infant in a hospital.
92	92	25 (a-2) Abandonment of a newborn infant in any setting
93	93	26 where the evidence suggests that the parent intended to
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104	104	1 relinquish his or her parental rights.
105	105	2 (b) Failure to maintain a reasonable degree of
106	106	3 interest, concern, or responsibility as to the child's
107	107	4 welfare.
108	108	5 (c) Desertion of the child for more than 3 months next
109	109	6 preceding the commencement of the Adoption proceeding.
110	110	7 (d) Substantial neglect of the child if continuous or
111	111	8 repeated.
112	112	9 (d-1) Substantial neglect, if continuous or repeated,
113	113	10 of any child residing in the household which resulted in
114	114	11 the death of that child.
115	115	12 (e) Extreme or repeated cruelty to the child.
116	116	13 (f) There is a rebuttable presumption, which can be
117	117	14 overcome only by clear and convincing evidence, that a
118	118	15 parent is unfit if:
119	119	16 (1) Two or more findings of physical abuse have
120	120	17 been entered regarding any children under Section 2-21
121	121	18 of the Juvenile Court Act of 1987, the most recent of
122	122	19 which was determined by the juvenile court hearing the
123	123	20 matter to be supported by clear and convincing
124	124	21 evidence; or
125	125	22 (2) The parent has been convicted or found not
126	126	23 guilty by reason of insanity and the conviction or
127	127	24 finding resulted from the death of any child by
128	128	25 physical abuse; or
129	129	26 (3) There is a finding of physical child abuse
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140	140	1 resulting from the death of any child under Section
141	141	2 2-21 of the Juvenile Court Act of 1987.
142	142	3 No conviction or finding of delinquency pursuant to
143	143	4 Article V of the Juvenile Court Act of 1987 shall be
144	144	5 considered a criminal conviction for the purpose of
145	145	6 applying any presumption under this paragraph item (f).
146	146	7 (g) Failure to protect the child from conditions
147	147	8 within his environment injurious to the child's welfare.
148	148	9 (h) Other neglect of, or misconduct toward the child;
149	149	10 provided that in making a finding of unfitness the court
150	150	11 hearing the adoption proceeding shall not be bound by any
151	151	12 previous finding, order or judgment affecting or
152	152	13 determining the rights of the parents toward the child
153	153	14 sought to be adopted in any other proceeding except such
154	154	15 proceedings terminating parental rights as shall be had
155	155	16 under either this Act, the Juvenile Court Act, or the
156	156	17 Juvenile Court Act of 1987.
157	157	18 (i) Depravity. Conviction of any one of the following
158	158	19 crimes shall create a presumption that a parent is
159	159	20 depraved which can be overcome only by clear and
160	160	21 convincing evidence: (1) first degree murder in violation
161	161	22 of paragraph (1) or (2) of subsection (a) of Section 9-1 of
162	162	23 the Criminal Code of 1961 or the Criminal Code of 2012 or
163	163	24 conviction of second degree murder in violation of
164	164	25 subsection (a) of Section 9-2 of the Criminal Code of 1961
165	165	26 or the Criminal Code of 2012 of a parent of the child to be
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176	176	1 adopted; (2) first degree murder or second degree murder
177	177	2 of any child in violation of the Criminal Code of 1961 or
178	178	3 the Criminal Code of 2012; (3) attempt or conspiracy to
179	179	4 commit first degree murder or second degree murder of any
180	180	5 child in violation of the Criminal Code of 1961 or the
181	181	6 Criminal Code of 2012; (4) solicitation to commit murder
182	182	7 of any child, solicitation to commit murder of any child
183	183	8 for hire, or solicitation to commit second degree murder
184	184	9 of any child in violation of the Criminal Code of 1961 or
185	185	10 the Criminal Code of 2012; (5) predatory criminal sexual
186	186	11 assault of a child in violation of Section 11-1.40 or
187	187	12 12-14.1 of the Criminal Code of 1961 or the Criminal Code
188	188	13 of 2012; (6) heinous battery of any child in violation of
189	189	14 the Criminal Code of 1961; (7) aggravated battery of any
190	190	15 child in violation of the Criminal Code of 1961 or the
191	191	16 Criminal Code of 2012; (8) any violation of Section
192	192	17 11-1.20 or Section 12-13 of the Criminal Code of 1961 or
193	193	18 the Criminal Code of 2012; (9) any violation of subsection
194	194	19 (a) of Section 11-1.50 or Section 12-16 of the Criminal
195	195	20 Code of 1961 or the Criminal Code of 2012; (10) any
196	196	21 violation of Section 11-9.1 of the Criminal Code of 1961
197	197	22 or the Criminal Code of 2012; (11) any violation of
198	198	23 Section 11-9.1A of the Criminal Code of 1961 or the
199	199	24 Criminal Code of 2012; or (12) an offense in any other
200	200	25 state the elements of which are similar and bear a
201	201	26 substantial relationship to any of the enumerated offenses
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212	212	1 in this paragraph subsection (i).
213	213	2 There is a rebuttable presumption that a parent is
214	214	3 depraved if the parent has been criminally convicted of at
215	215	4 least 3 felonies under the laws of this State or any other
216	216	5 state, or under federal law, or the criminal laws of any
217	217	6 United States territory; and at least one of these
218	218	7 convictions took place within 5 years of the filing of the
219	219	8 petition or motion seeking termination of parental rights.
220	220	9 There is a rebuttable presumption that a parent is
221	221	10 depraved if that parent has been criminally convicted of
222	222	11 either first or second degree murder of any person as
223	223	12 defined in the Criminal Code of 1961 or the Criminal Code
224	224	13 of 2012 within 10 years of the filing date of the petition
225	225	14 or motion to terminate parental rights.
226	226	15 No conviction or finding of delinquency pursuant to
227	227	16 Article 5 of the Juvenile Court Act of 1987 shall be
228	228	17 considered a criminal conviction for the purpose of
229	229	18 applying any presumption under this paragraph item (i).
230	230	19 (j) Open and notorious adultery or fornication.
231	231	20 (j-1) (Blank).
232	232	21 (k) Substance abuse or addiction or both to alcohol or
233	233	22 illegal drugs. If the evidence indicates a parent's past
234	234	23 or current abuse or addiction, the court must review the
235	235	24 parent's history of such and make a finding that it no
236	236	25 longer is a threat to the health and welfare of a child.
237	237	26 Habitual drunkenness or addiction to drugs, other than
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248	248	1 those prescribed by a physician, for at least one year
249	249	2 immediately prior to the commencement of the unfitness
250	250	3 proceeding.
251	251	4 (l) Failure to demonstrate a reasonable degree of
252	252	5 interest, concern, or responsibility as to the welfare of
253	253	6 a new born child during the first 30 days after its birth.
254	254	7 (m) Failure by a parent (i) to make reasonable efforts
255	255	8 to correct the conditions that were the basis for the
256	256	9 removal of the child from the parent during any 9-month
257	257	10 period following the adjudication of neglected or abused
258	258	11 minor under Section 2-3 of the Juvenile Court Act of 1987
259	259	12 or dependent minor under Section 2-4 of that Act, or (ii)
260	260	13 to make reasonable progress toward the return of the child
261	261	14 to the parent during any 9-month period following the
262	262	15 adjudication of neglected or abused minor under Section
263	263	16 2-3 of the Juvenile Court Act of 1987 or dependent minor
264	264	17 under Section 2-4 of that Act. If a service plan has been
265	265	18 established as required under Section 8.2 of the Abused
266	266	19 and Neglected Child Reporting Act to correct the
267	267	20 conditions that were the basis for the removal of the
268	268	21 child from the parent and if those services were
269	269	22 available, then, for purposes of this Act, "failure to
270	270	23 make reasonable progress toward the return of the child to
271	271	24 the parent" includes the parent's failure to substantially
272	272	25 fulfill his or her obligations under the service plan and
273	273	26 correct the conditions that brought the child into care
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284	284	1 during any 9-month period following the adjudication under
285	285	2 Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
286	286	3 Notwithstanding any other provision, when a petition or
287	287	4 motion seeks to terminate parental rights on the basis of
288	288	5 subparagraph item (ii) of this paragraph subsection (m),
289	289	6 the petitioner shall file with the court and serve on the
290	290	7 parties a pleading that specifies the 9-month period or
291	291	8 periods relied on. The pleading shall be filed and served
292	292	9 on the parties no later than 3 weeks before the date set by
293	293	10 the court for closure of discovery, and the allegations in
294	294	11 the pleading shall be treated as incorporated into the
295	295	12 petition or motion. Failure of a respondent to file a
296	296	13 written denial of the allegations in the pleading shall
297	297	14 not be treated as an admission that the allegations are
298	298	15 true.
299	299	16 (m-1) (Blank).
300	300	17 (n) Evidence of intent to forgo his or her parental
301	301	18 rights, whether or not the child is a ward of the court,
302	302	19 (1) as manifested by his or her failure for a period of 12
303	303	20 months: (i) to visit the child, (ii) to communicate with
304	304	21 the child or agency, although able to do so and not
305	305	22 prevented from doing so by an agency or by court order, or
306	306	23 (iii) to maintain contact with or plan for the future of
307	307	24 the child, although physically able to do so, or (2) as
308	308	25 manifested by the father's failure, where he and the
309	309	26 mother of the child were unmarried to each other at the
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320	320	1 time of the child's birth, (i) to commence legal
321	321	2 proceedings to establish his paternity under the Illinois
322	322	3 Parentage Act of 1984, the Illinois Parentage Act of 2015,
323	323	4 or the law of the jurisdiction of the child's birth within
324	324	5 30 days of being informed, pursuant to Section 12a of this
325	325	6 Act, that he is the father or the likely father of the
326	326	7 child or, after being so informed where the child is not
327	327	8 yet born, within 30 days of the child's birth, or (ii) to
328	328	9 make a good faith effort to pay a reasonable amount of the
329	329	10 expenses related to the birth of the child and to provide a
330	330	11 reasonable amount for the financial support of the child,
331	331	12 the court to consider in its determination all relevant
332	332	13 circumstances, including the financial condition of both
333	333	14 parents; provided that the ground for termination provided
334	334	15 in this item (ii) of subparagraph (2) of this paragraph
335	335	16 (n) subparagraph (n)(2)(ii) shall only be available where
336	336	17 the petition is brought by the mother or the husband of the
337	337	18 mother.
338	338	19 Contact or communication by a parent with his or her
339	339	20 child that does not demonstrate affection and concern does
340	340	21 not constitute reasonable contact and planning under this
341	341	22 paragraph subdivision (n). In the absence of evidence to
342	342	23 the contrary, the ability to visit, communicate, maintain
343	343	24 contact, pay expenses, and plan for the future shall be
344	344	25 presumed. The subjective intent of the parent, whether
345	345	26 expressed or otherwise, unsupported by evidence of the
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356	356	1 foregoing parental acts manifesting that intent, shall not
357	357	2 preclude a determination that the parent has intended to
358	358	3 forgo his or her parental rights. In making this
359	359	4 determination, the court may consider but shall not
360	360	5 require a showing of diligent efforts by an authorized
361	361	6 agency to encourage the parent to perform the acts
362	362	7 specified in this paragraph subdivision (n).
363	363	8 It shall be an affirmative defense to any allegation
364	364	9 under subparagraph paragraph (2) of this paragraph (n)
365	365	10 subsection that the father's failure was due to
366	366	11 circumstances beyond his control or to impediments created
367	367	12 by the mother or any other person having legal custody.
368	368	13 Proof of that fact need only be by a preponderance of the
369	369	14 evidence.
370	370	15 (o) Repeated or continuous failure by the parents,
371	371	16 although physically and financially able, to provide the
372	372	17 child with adequate food, clothing, or shelter.
373	373	18 (p) Inability to discharge parental responsibilities
374	374	19 supported by competent evidence from a psychiatrist,
375	375	20 licensed clinical social worker, or clinical psychologist
376	376	21 of mental impairment, mental illness, or an intellectual
377	377	22 disability as defined in Section 1-116 of the Mental
378	378	23 Health and Developmental Disabilities Code, or
379	379	24 developmental disability as defined in Section 1-106 of
380	380	25 that Code, and there is sufficient justification to
381	381	26 believe that the inability to discharge parental
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392	392	1 responsibilities shall extend beyond a reasonable time
393	393	2 period. However, this paragraph subdivision (p) shall not
394	394	3 be construed so as to permit a licensed clinical social
395	395	4 worker to conduct any medical diagnosis to determine
396	396	5 mental illness or mental impairment.
397	397	6 (q) (Blank).
398	398	7 (r) The child is in the temporary custody or
399	399	8 guardianship of the Department of Children and Family
400	400	9 Services, the parent is incarcerated as a result of
401	401	10 criminal conviction at the time the petition or motion for
402	402	11 termination of parental rights is filed, prior to
403	403	12 incarceration the parent had little or no contact with the
404	404	13 child or provided little or no support for the child, and
405	405	14 the parent's incarceration will prevent the parent from
406	406	15 discharging his or her parental responsibilities for the
407	407	16 child for a period in excess of 2 years after the filing of
408	408	17 the petition or motion for termination of parental rights.
409	409	18 (s) The child is in the temporary custody or
410	410	19 guardianship of the Department of Children and Family
411	411	20 Services, the parent is incarcerated at the time the
412	412	21 petition or motion for termination of parental rights is
413	413	22 filed, the parent has been repeatedly incarcerated as a
414	414	23 result of criminal convictions, and the parent's repeated
415	415	24 incarceration has prevented the parent from discharging
416	416	25 his or her parental responsibilities for the child.
417	417	26 (t) (Blank).
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428	428	1 E. "Parent" means a person who is the legal mother or legal
429	429	2 father of the child as defined in subsection X or Y of this
430	430	3 Section. For the purpose of this Act, a parent who has executed
431	431	4 a consent to adoption, a surrender, or a waiver pursuant to
432	432	5 Section 10 of this Act, who has signed a Denial of Paternity
433	433	6 pursuant to Section 12 of the Vital Records Act or Section 12a
434	434	7 of this Act, or whose parental rights have been terminated by a
435	435	8 court, is not a parent of the child who was the subject of the
436	436	9 consent, surrender, waiver, or denial unless (1) the consent
437	437	10 is void pursuant to subsection O of Section 10 of this Act; or
438	438	11 (2) the person executed a consent to adoption by a specified
439	439	12 person or persons pursuant to subsection A-1 of Section 10 of
440	440	13 this Act and a court of competent jurisdiction finds that the
441	441	14 consent is void; or (3) the order terminating the parental
442	442	15 rights of the person is vacated by a court of competent
443	443	16 jurisdiction.
444	444	17 F. A person is available for adoption when the person is:
445	445	18 (a) a child who has been surrendered for adoption to
446	446	19 an agency and to whose adoption the agency has thereafter
447	447	20 consented;
448	448	21 (b) a child to whose adoption a person authorized by
449	449	22 law, other than his parents, has consented, or to whose
450	450	23 adoption no consent is required pursuant to Section 8 of
451	451	24 this Act;
452	452	25 (c) a child who is in the custody of persons who intend
453	453	26 to adopt him through placement made by his parents;
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464	464	1 (c-1) a child for whom a parent has signed a specific
465	465	2 consent pursuant to subsection O of Section 10;
466	466	3 (d) an adult who meets the conditions set forth in
467	467	4 Section 3 of this Act; or
468	468	5 (e) a child who has been relinquished as defined in
469	469	6 Section 10 of the Abandoned Newborn Infant Protection Act.
470	470	7 A person who would otherwise be available for adoption
471	471	8 shall not be deemed unavailable for adoption solely by reason
472	472	9 of his or her death.
473	473	10 G. The singular includes the plural and the plural
474	474	11 includes the singular and the "male" includes the "female", as
475	475	12 the context of this Act may require.
476	476	13 H. (Blank).
477	477	14 I. "Habitual residence" has the meaning ascribed to it in
478	478	15 the federal Intercountry Adoption Act of 2000 and regulations
479	479	16 promulgated thereunder.
480	480	17 J. "Immediate relatives" means the biological parents, the
481	481	18 parents of the biological parents, and the siblings of the
482	482	19 biological parents.
483	483	20 K. "Intercountry adoption" is a process by which a child
484	484	21 from a country other than the United States is adopted by
485	485	22 persons who are habitual residents of the United States, or
486	486	23 the child is a habitual resident of the United States who is
487	487	24 adopted by persons who are habitual residents of a country
488	488	25 other than the United States.
489	489	26 L. (Blank).
490	490
491	491
492	492
493	493
494	494
495	495	SB2177 - 13 - LRB104 10758 JRC 20837 b
496	496
497	497
498	498	SB2177- 14 -LRB104 10758 JRC 20837 b SB2177 - 14 - LRB104 10758 JRC 20837 b
499	499	SB2177 - 14 - LRB104 10758 JRC 20837 b
500	500	1 M. "Interstate Compact on the Placement of Children" is a
501	501	2 law enacted by all states and certain territories for the
502	502	3 purpose of establishing uniform procedures for handling the
503	503	4 interstate placement of children in foster homes, adoptive
504	504	5 homes, or other child care facilities.
505	505	6 N. (Blank).
506	506	7 O. "Preadoption requirements" means any conditions or
507	507	8 standards established by the laws or administrative rules of
508	508	9 this State that must be met by a prospective adoptive parent
509	509	10 prior to the placement of a child in an adoptive home.
510	510	11 P. "Abused child" means a child whose parent or immediate
511	511	12 family member, or any person responsible for the child's
512	512	13 welfare, or any individual residing in the same home as the
513	513	14 child, or a paramour of the child's parent:
514	514	15 (a) inflicts, causes to be inflicted, or allows to be
515	515	16 inflicted upon the child physical injury, by other than
516	516	17 accidental means, that causes death, disfigurement,
517	517	18 impairment of physical or emotional health, or loss or
518	518	19 impairment of any bodily function;
519	519	20 (b) creates a substantial risk of physical injury to
520	520	21 the child by other than accidental means which would be
521	521	22 likely to cause death, disfigurement, impairment of
522	522	23 physical or emotional health, or loss or impairment of any
523	523	24 bodily function;
524	524	25 (c) commits or allows to be committed any sex offense
525	525	26 against the child, as sex offenses are defined in the
526	526
527	527
528	528
529	529
530	530
531	531	SB2177 - 14 - LRB104 10758 JRC 20837 b
532	532
533	533
534	534	SB2177- 15 -LRB104 10758 JRC 20837 b SB2177 - 15 - LRB104 10758 JRC 20837 b
535	535	SB2177 - 15 - LRB104 10758 JRC 20837 b
536	536	1 Criminal Code of 2012 and extending those definitions of
537	537	2 sex offenses to include children under 18 years of age;
538	538	3 (d) commits or allows to be committed an act or acts of
539	539	4 torture upon the child; or
540	540	5 (e) inflicts excessive corporal punishment.
541	541	6 Q. "Neglected child" means any child whose parent or other
542	542	7 person responsible for the child's welfare withholds or denies
543	543	8 nourishment or medically indicated treatment including food or
544	544	9 care denied solely on the basis of the present or anticipated
545	545	10 mental or physical impairment as determined by a physician
546	546	11 acting alone or in consultation with other physicians or
547	547	12 otherwise does not provide the proper or necessary support,
548	548	13 education as required by law, or medical or other remedial
549	549	14 care recognized under State law as necessary for a child's
550	550	15 well-being, or other care necessary for his or her well-being,
551	551	16 including adequate food, clothing, and shelter; or who is
552	552	17 abandoned by his or her parents or other person responsible
553	553	18 for the child's welfare.
554	554	19 A child shall not be considered neglected or abused for
555	555	20 the sole reason that the child's parent or other person
556	556	21 responsible for his or her welfare depends upon spiritual
557	557	22 means through prayer alone for the treatment or cure of
558	558	23 disease or remedial care as provided under Section 4 of the
559	559	24 Abused and Neglected Child Reporting Act. A child shall not be
560	560	25 considered neglected or abused for the sole reason that the
561	561	26 child's parent or other person responsible for the child's
562	562
563	563
564	564
565	565
566	566
567	567	SB2177 - 15 - LRB104 10758 JRC 20837 b
568	568
569	569
570	570	SB2177- 16 -LRB104 10758 JRC 20837 b SB2177 - 16 - LRB104 10758 JRC 20837 b
571	571	SB2177 - 16 - LRB104 10758 JRC 20837 b
572	572	1 welfare failed to vaccinate, delayed vaccination, or refused
573	573	2 vaccination for the child due to a waiver on religious or
574	574	3 medical grounds as permitted by law.
575	575	4 R. "Putative father" means a man who may be a child's
576	576	5 father, but who (1) is not married to the child's mother on or
577	577	6 before the date that the child was or is to be born and (2) has
578	578	7 not established paternity of the child in a court proceeding
579	579	8 before the filing of a petition for the adoption of the child.
580	580	9 The term includes a male who is less than 18 years of age.
581	581	10 "Putative father" does not mean a man who is the child's father
582	582	11 as a result of criminal sexual abuse or assault as defined
583	583	12 under Article 11 of the Criminal Code of 2012.
584	584	13 S. "Standby adoption" means an adoption in which a parent
585	585	14 consents to custody and termination of parental rights to
586	586	15 become effective upon the occurrence of a future event, which
587	587	16 is either the death of the parent or the request of the parent
588	588	17 for the entry of a final judgment of adoption.
589	589	18 T. (Blank).
590	590	19 T-5. "Biological parent", "birth parent", or "natural
591	591	20 parent" of a child are interchangeable terms that mean a
592	592	21 person who is biologically or genetically related to that
593	593	22 child as a parent.
594	594	23 U. "Interstate adoption" means the placement of a minor
595	595	24 child with a prospective adoptive parent for the purpose of
596	596	25 pursuing an adoption for that child that is subject to the
597	597	26 provisions of the Interstate Compact on the Placement of
598	598
599	599
600	600
601	601
602	602
603	603	SB2177 - 16 - LRB104 10758 JRC 20837 b
604	604
605	605
606	606	SB2177- 17 -LRB104 10758 JRC 20837 b SB2177 - 17 - LRB104 10758 JRC 20837 b
607	607	SB2177 - 17 - LRB104 10758 JRC 20837 b
608	608	1 Children.
609	609	2 V. (Blank).
610	610	3 W. (Blank).
611	611	4 X. "Legal father" of a child means a man who is recognized
612	612	5 as or presumed to be that child's father:
613	613	6 (1) because of his marriage to or civil union with the
614	614	7 child's parent at the time of the child's birth or within
615	615	8 300 days prior to that child's birth, unless he signed a
616	616	9 denial of paternity pursuant to Section 12 of the Vital
617	617	10 Records Act or a waiver pursuant to Section 10 of this Act;
618	618	11 or
619	619	12 (2) because his paternity of the child has been
620	620	13 established pursuant to the Illinois Parentage Act, the
621	621	14 Illinois Parentage Act of 1984, or the Gestational
622	622	15 Surrogacy Act; or
623	623	16 (3) because he is listed as the child's father or
624	624	17 parent on the child's birth certificate, unless he is
625	625	18 otherwise determined by an administrative or judicial
626	626	19 proceeding not to be the parent of the child or unless he
627	627	20 rescinds his acknowledgment of paternity pursuant to the
628	628	21 Illinois Parentage Act of 1984; or
629	629	22 (4) because his paternity or adoption of the child has
630	630	23 been established by a court of competent jurisdiction.
631	631	24 The definition in this subsection X shall not be construed
632	632	25 to provide greater or lesser rights as to the number of parents
633	633	26 who can be named on a final judgment order of adoption or
634	634
635	635
636	636
637	637
638	638
639	639	SB2177 - 17 - LRB104 10758 JRC 20837 b
640	640
641	641
642	642	SB2177- 18 -LRB104 10758 JRC 20837 b SB2177 - 18 - LRB104 10758 JRC 20837 b
643	643	SB2177 - 18 - LRB104 10758 JRC 20837 b
644	644	1 Illinois birth certificate that otherwise exist under Illinois
645	645	2 law.
646	646	3 Y. "Legal mother" of a child means a woman who is
647	647	4 recognized as or presumed to be that child's mother:
648	648	5 (1) because she gave birth to the child except as
649	649	6 provided in the Gestational Surrogacy Act; or
650	650	7 (2) because her maternity of the child has been
651	651	8 established pursuant to the Illinois Parentage Act of 1984
652	652	9 or the Gestational Surrogacy Act; or
653	653	10 (3) because her maternity or adoption of the child has
654	654	11 been established by a court of competent jurisdiction; or
655	655	12 (4) because of her marriage to or civil union with the
656	656	13 child's other parent at the time of the child's birth or
657	657	14 within 300 days prior to the time of birth; or
658	658	15 (5) because she is listed as the child's mother or
659	659	16 parent on the child's birth certificate unless she is
660	660	17 otherwise determined by an administrative or judicial
661	661	18 proceeding not to be the parent of the child.
662	662	19 The definition in this subsection Y shall not be construed
663	663	20 to provide greater or lesser rights as to the number of parents
664	664	21 who can be named on a final judgment order of adoption or
665	665	22 Illinois birth certificate that otherwise exist under Illinois
666	666	23 law.
667	667	24 Z. "Department" means the Illinois Department of Children
668	668	25 and Family Services.
669	669	26 AA. "Placement disruption" means a circumstance where the
670	670
671	671
672	672
673	673
674	674
675	675	SB2177 - 18 - LRB104 10758 JRC 20837 b
676	676
677	677
678	678	SB2177- 19 -LRB104 10758 JRC 20837 b SB2177 - 19 - LRB104 10758 JRC 20837 b
679	679	SB2177 - 19 - LRB104 10758 JRC 20837 b
680	680	1 child is removed from an adoptive placement before the
681	681	2 adoption is finalized.
682	682	3 BB. "Secondary placement" means a placement, including,
683	683	4 but not limited to, the placement of a youth in care as defined
684	684	5 in Section 4d of the Children and Family Services Act, that
685	685	6 occurs after a placement disruption or an adoption
686	686	7 dissolution. "Secondary placement" does not mean secondary
687	687	8 placements arising due to the death of the adoptive parent of
688	688	9 the child.
689	689	10 CC. "Adoption dissolution" means a circumstance where the
690	690	11 child is removed from an adoptive placement after the adoption
691	691	12 is finalized.
692	692	13 DD. "Unregulated placement" means the secondary placement
693	693	14 of a child that occurs without the oversight of the courts, the
694	694	15 Department, or a licensed child welfare agency.
695	695	16 EE. "Post-placement and post-adoption support services"
696	696	17 means support services for placed or adopted children and
697	697	18 families that include, but are not limited to, mental health
698	698	19 treatment, including counseling and other support services for
699	699	20 emotional, behavioral, or developmental needs, and treatment
700	700	21 for substance abuse.
701	701	22 FF. "Youth in care" has the meaning provided in Section 4d
702	702	23 of the Children and Family Services Act.
703	703	24 The changes made by Public Act 103-941 this amendatory Act
704	704	25 of the 103rd General Assembly apply to a petition that is filed
705	705	26 on or after January 1, 2025.
706	706
707	707
708	708
709	709
710	710
711	711	SB2177 - 19 - LRB104 10758 JRC 20837 b
712	712
713	713
714	714	SB2177- 20 -LRB104 10758 JRC 20837 b SB2177 - 20 - LRB104 10758 JRC 20837 b
715	715	SB2177 - 20 - LRB104 10758 JRC 20837 b
716	716
717	717
718	718
719	719
720	720
721	721	SB2177 - 20 - LRB104 10758 JRC 20837 b