SB 218

Abstract

Amends the Juvenile Court Act of 1987. Provides that unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under the Act if the parent is criminally convicted of predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, sexual exploitation of a child, or permitting sexual abuse of a child. Makes technical changes. Senate Committee Amendment No. 1 Adds reference to: 750 ILCS 50/1 from Ch. 40, par. 1501 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Amends the Adoption Act. Adds to the offenses which create a presumption that a parent is depraved for purposes of the Act: (1) aggravated criminal sexual assault, (2) a person who commits criminal sexual abuse by the use of force or threat of force, (3) sexual exploitation of a child, (4) permitting sexual abuse of a child, and (5) any other similar offense in another state. Senate Floor Amendment No. 2 Provides that unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under the Act if the parent is convicted of criminal sexual abuse where the person: (1) commits an act of sexual conduct by the use of force or threat of force; or (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent or criminal sexual assault. Adds criminal sexual assault (rather than aggravated criminal sexual assault) to the offenses which create a presumption that a parent is depraved for purposes of the Adoption Act.