Section 309.35  Good Faith Effort to Locate Siblings in Adoption and Subsidized Guardianship Placements

a)         When a child is in need of an adoptive placement, the caseworker shall examine Department records and other available resources and attempt to determine whether a sibling of the child has been adopted or placed in private guardianship after being in the Department's custody or guardianship.  If the caseworker determines that a sibling of the child has been adopted or placed in private guardianship, the caseworker shall make a good faith effort to locate the adoptive parents or guardians of the sibling and inform them of the availability of the child for adoption.  If a child available for adoption has a sibling who has been adopted or placed in guardianship, and the adoptive parents or guardians of that sibling apply to adopt the child, the caseworker shall consider them as adoptive applicants for the adoption of the child.  The caseworker's final decision as to whether it will consent to the adoptive parents or guardians of a sibling being the adoptive parents of the child shall be based upon the welfare and best interest of the child.  In arriving at its decision, the caseworker shall consider all relevant factors, including but not limited to:

1)         the wishes of the child;

2)         the interaction and interrelationship of the child with the applicant to adopt the child;

3)         the child's need for stability and continuity of relationship with parent figures;

4)         the child's adjustment to his or her present home, school and community;

5)         the mental and physical health of all individuals involved;

6)         the family ties between the child and the child's relatives, including siblings;

7)         the background, age and living arrangements of the applicant to adopt the child;

8)         a criminal background report of the applicant to adopt the child.

b)         If placement of the child available for adoption with the adopted sibling or sibling in private guardianship is not feasible, but it is in the child's best interest to develop a relationship with his or her sibling, the caseworker shall invite the adoptive parents, guardian or guardians for a joint team decision-making meeting to facilitate a discussion regarding future sibling contact.  [20 ILCS 505/7.4(h)]

(Source:  Added at 40 Ill. Reg. 720, effective December 31, 2015)