Public Act 101-0155
 
HB3587 EnrolledLRB101 11082 LNS 56291 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Adoption Act is amended  by changing Sections 
1 and 18.9 as follows:
 


    (750 ILCS 50/1)  (from Ch. 40, par. 1501)



    Sec. 1. Definitions. When used in this Act, unless the 
context
otherwise requires:

    A. "Child" means a person under legal age subject to 
adoption under
this Act.

    B. "Related child" means a child subject to adoption where 
either or both of
the adopting parents stands in any of the 
following relationships to the child
by blood, marriage, 
adoption, or civil union: parent, grand-parent, 
great-grandparent, brother, sister, step-parent,

step-grandparent, step-brother, step-sister, uncle, aunt, 
great-uncle,
great-aunt, first cousin, or second cousin.  A 
person is related to the child as a first cousin or second 
cousin if they are both related to the same ancestor as either 
grandchild or great-grandchild. A child whose parent has 
executed
a consent to adoption, a surrender, or a waiver 
pursuant to Section 10 of this Act or whose parent has signed a 
denial of paternity pursuant to Section 12 of the Vital Records 
Act or Section 12a of this Act, or whose parent has had his or 
her parental rights
terminated, is not a related child to that 
person, unless (1) the consent is
determined to be void or is 
void pursuant to subsection O of Section 10 of this Act;
or (2) 
the parent of the child executed a consent to adoption by a 
specified person or persons pursuant to subsection A-1 of 
Section 10 of this Act and a court of competent jurisdiction 
finds that such consent is void; or (3) the order terminating 
the parental rights of the parent is vacated by a court of 
competent jurisdiction.

    C. "Agency" for the purpose of this Act means a public 
child welfare agency
or a licensed child welfare agency.

    D. "Unfit person" means any person whom the court shall 
find to be unfit
to have a child, without regard to the 
likelihood that the child will be
placed for adoption.  The 
grounds of unfitness are any one or more
of the following, 
except that a person shall not be considered an unfit
person 
for the sole reason that the person has relinquished a child in

accordance with the Abandoned Newborn Infant Protection Act:

        (a) Abandonment of the child.

        (a-1) Abandonment of a newborn infant in a hospital.

        (a-2) Abandonment of a newborn infant in any setting 
    where the evidence
suggests that the parent intended to 
    relinquish his or her parental rights.

        (b) Failure to maintain a reasonable degree of 
    interest, concern or
responsibility as to the child's 
    welfare.

        (c) Desertion of the child for more than 3 months next 
    preceding the
commencement of the Adoption proceeding.

        (d) Substantial neglect
of the
child if continuous or 
    repeated.

        (d-1) Substantial neglect, if continuous or repeated, 
    of any child
residing in the household which resulted in 
    the death of that child.

        (e) Extreme or repeated cruelty to the child.

        (f) There is a rebuttable presumption, which can be 
    overcome only by clear and convincing evidence, that a 
    parent is unfit if:

            (1) Two or more findings of physical abuse have 
        been entered regarding any children under Section 2-21 
        of the Juvenile Court Act
of 1987, the most recent of 
        which was determined by the juvenile court
hearing the 
        matter to be supported by clear and convincing 
        evidence; or
            (2) The parent has been convicted or found not 
        guilty by reason of insanity and the conviction or 
        finding resulted from the death of any child by 
        physical abuse; or

            (3) There is a finding of physical child abuse 
        resulting from the death of any
child under Section 
        2-21 of the
Juvenile Court Act of 1987.
        No conviction or finding of delinquency pursuant to 
    Article V of the Juvenile Court Act of 1987 shall be 
    considered a criminal conviction for the purpose of 
    applying any presumption under this item (f).

        (g) Failure to protect the child from conditions within 
    his environment
injurious to the child's welfare.

        (h) Other neglect of, or misconduct toward the child; 
    provided that in
making a finding of unfitness the court 
    hearing the adoption proceeding
shall not be bound by any 
    previous finding, order or judgment affecting
or 
    determining the rights of the parents toward the child 
    sought to be adopted
in any other proceeding except such 
    proceedings terminating parental rights
as shall be had 
    under either this Act, the Juvenile Court Act or
the 
    Juvenile Court Act of 1987.

        (i) Depravity.  Conviction of any one of the following

    crimes shall create a presumption that a parent is depraved 
    which can be
overcome only by clear and convincing 
    evidence:
(1) first degree murder in violation of paragraph 
    1 or
2 of subsection (a) of Section 9-1 of the Criminal 
    Code of 1961 or the Criminal Code of 2012 or conviction
of 
    second degree murder in violation of subsection (a) of 
    Section 9-2 of the
Criminal Code of 1961 or the Criminal 
    Code of 2012 of a parent of the child to be adopted; (2)

    first degree murder or second degree murder of any child in

    violation of the Criminal Code of 1961 or the Criminal Code 
    of 2012; (3)
attempt or conspiracy to commit first degree 
    murder or second degree murder
of any child in violation of 
    the Criminal Code of 1961 or the Criminal Code of 2012; (4)

    solicitation to commit murder of any child, solicitation to

    commit murder of any child for hire, or solicitation to 
    commit second
degree murder of any child in violation of 
    the Criminal Code of 1961 or the Criminal Code of 2012; (5)

    predatory criminal sexual assault of a child in violation 
    of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 
    or the Criminal Code of 2012; (6) heinous battery of any 
    child in violation of the Criminal Code of 1961; or (7) 
    aggravated battery of any child in violation of the 
    Criminal Code of 1961 or the Criminal Code of 2012.

        There is a rebuttable presumption that a parent is 
    depraved if the parent
has been criminally convicted of at 
    least 3 felonies under the laws of this
State or any other 
    state, or under federal law, or the criminal laws of any

    United States territory; and at least
one of these

    convictions took place within 5 years of the filing of the 
    petition or motion
seeking termination of parental rights.


        There is a rebuttable presumption that a parent is 
    depraved if that
parent
has
been criminally convicted of 
    either first or second degree murder of any person
as 
    defined in the Criminal Code of 1961 or the Criminal Code 
    of 2012 within 10 years of the filing date of
the petition 
    or motion to terminate parental rights.
        No conviction or finding of delinquency pursuant to 
    Article 5 of the Juvenile Court Act of 1987 shall be 
    considered a criminal conviction for the purpose of 
    applying any presumption under this item (i).

        (j) Open and notorious adultery or fornication.

        (j-1) (Blank).

        (k) Habitual drunkenness or addiction to drugs, other 
    than those
prescribed by a physician, for at least one year 
    immediately
prior to the commencement of the unfitness 
    proceeding.

        There is a rebuttable presumption that a parent is 
    unfit under this
subsection
with respect to any child to 
    which that parent gives birth where there is a
confirmed

    test result that at birth the child's blood, urine, or 
    meconium contained any
amount of a controlled substance as 
    defined in subsection (f) of Section 102 of
the Illinois 
    Controlled Substances Act or metabolites of such 
    substances, the
presence of which in the newborn infant was 
    not the result of medical treatment
administered to the 
    mother or the newborn infant; and the biological mother of

    this child is the biological mother of at least one other 
    child who was
adjudicated a neglected minor under 
    subsection (c) of Section 2-3 of the
Juvenile Court Act of 
    1987. 

        (l) Failure to demonstrate a reasonable degree of 
    interest, concern or
responsibility as to the welfare of a 
    new born child during the first 30
days after its birth.

        (m) Failure by a parent (i) to make reasonable efforts 
    to correct the
conditions that were the basis for the 
    removal of the child from the
parent during any 9-month 
    period following the adjudication of neglected or abused 
    minor under Section 2-3 of the Juvenile Court Act of 1987 
    or dependent minor under Section 2-4 of that Act, or (ii) 
    to make reasonable progress
toward the return of the
child 
    to the parent during any 9-month period following the 
    adjudication of
neglected or abused minor under Section 2-3 
    of the Juvenile Court
Act of 1987 or dependent minor under 
    Section 2-4 of that Act.
If a service plan has been 
    established as
required under
Section 8.2 of the Abused and 
    Neglected Child Reporting Act to correct the
conditions 
    that were the basis for the removal of the child from the 
    parent
and if those services were available,
then, for 
    purposes of this Act, "failure to make reasonable progress 
    toward the
return of the child to the parent" includes the 
    parent's failure to substantially fulfill his or her 
    obligations
under
the service plan and correct the 
    conditions that brought the child into care
during any 
    9-month period
following the adjudication under Section 
    2-3 or 2-4 of the Juvenile Court
Act of 1987. 
    Notwithstanding any other provision, when a petition or 
    motion seeks to terminate parental rights on the basis of 
    item (ii) of this subsection (m), the petitioner shall file 
    with the court and serve on the parties a pleading that 
    specifies the 9-month period or periods relied on. The 
    pleading shall be filed and served on the parties no later 
    than 3 weeks before the date set by the court for closure 
    of discovery, and the allegations in the pleading shall be 
    treated as incorporated into the petition or motion. 
    Failure of a respondent to file a written denial of the 
    allegations in the pleading shall not be treated as an 
    admission that the allegations are true.

        (m-1) (Blank).

        (n) Evidence of intent to forgo his or her parental 
    rights,
whether or
not the child is a ward of the court, 
    (1) as manifested
by his or her failure for a period of 12 
    months: (i) to visit the child,
(ii) to communicate with 
    the child or agency, although able to do so and
not 
    prevented from doing so by an agency or by court order, or 
    (iii) to
maintain contact with or plan for the future of 
    the child, although physically
able to do so, or (2) as 
    manifested by the father's failure, where he
and the mother 
    of the child were unmarried to each other at the time of 
    the
child's birth, (i) to commence legal proceedings to 
    establish his paternity
under the Illinois Parentage Act of 
    1984, the Illinois Parentage Act of 2015, or the law of the 
    jurisdiction of
the child's birth within 30 days of being 
    informed, pursuant to Section 12a
of this Act, that he is 
    the father or the likely father of the child or,
after 
    being so informed where the child is not yet born, within 
    30 days of
the child's birth, or (ii) to make a good faith 
    effort to pay a reasonable
amount of the expenses related 
    to the birth of the child and to provide a
reasonable 
    amount for the financial support of the child, the court to

    consider in its determination all relevant circumstances, 
    including the
financial condition of both parents; 
    provided that the ground for
termination provided in this 
    subparagraph (n)(2)(ii) shall only be
available where the 
    petition is brought by the mother or the husband of
the 
    mother.

        Contact or communication by a parent with his or her 
    child that does not
demonstrate affection and concern does 
    not constitute reasonable contact
and planning under 
    subdivision (n).  In the absence of evidence to the

    contrary, the ability to visit, communicate, maintain 
    contact, pay
expenses and plan for the future shall be 
    presumed.  The subjective intent
of the parent, whether 
    expressed or otherwise, unsupported by evidence of
the 
    foregoing parental acts manifesting that intent, shall not 
    preclude a
determination that the parent has intended to 
    forgo his or her
parental
rights.  In making this 
    determination, the court may consider but shall not
require 
    a showing of diligent efforts by an authorized agency to 
    encourage
the parent to perform the acts specified in 
    subdivision (n).

        It shall be an affirmative defense to any allegation 
    under paragraph
(2) of this subsection that the father's 
    failure was due to circumstances
beyond his control or to 
    impediments created by the mother or any other
person 
    having legal custody.  Proof of that fact need only be by a

    preponderance of the evidence.

        (o) Repeated or continuous failure by the parents, 
    although physically
and financially able, to provide the 
    child with adequate food, clothing,
or shelter.

        (p) Inability to discharge parental responsibilities 
    supported by
competent evidence from a psychiatrist, 
    licensed clinical social
worker, or clinical psychologist 
    of mental
impairment, mental illness or an intellectual 
    disability as defined in Section
1-116 of the Mental Health 
    and Developmental Disabilities Code, or
developmental 
    disability as defined in Section 1-106 of that Code, and

    there is sufficient justification to believe that the 
    inability to
discharge parental responsibilities shall 
    extend beyond a reasonable
time period.  However, this 
    subdivision (p) shall not be construed so as to
permit a 
    licensed clinical social worker to conduct any medical 
    diagnosis to
determine mental illness or mental 
    impairment.

        (q) (Blank).

        (r) The child is in the temporary custody or 
    guardianship of the
Department of Children and Family 
    Services, the parent is incarcerated as a
result of 
    criminal conviction at the time the petition or motion for

    termination of parental rights is filed, prior to 
    incarceration the parent had
little or no contact with the 
    child or provided little or no support for the
child, and 
    the parent's incarceration will prevent the parent from 
    discharging
his or her parental responsibilities for the 
    child for a period in excess of 2
years after the filing of 
    the petition or motion for termination of parental
rights.

        (s) The child is in the temporary custody or 
    guardianship of the
Department of Children and Family 
    Services, the parent is incarcerated at the
time the 
    petition or motion for termination of parental rights is 
    filed, the
parent has been repeatedly incarcerated as a 
    result of criminal convictions,
and the parent's repeated 
    incarceration has prevented the parent from
discharging 
    his or her parental responsibilities for the child.

        (t) A finding that at birth the child's blood,
urine, 
    or meconium contained any amount of a controlled substance 
    as
defined in subsection (f) of Section 102 of the Illinois 
    Controlled Substances
Act, or a metabolite of a controlled 
    substance, with the exception of
controlled substances or 
    metabolites of such substances, the presence of which
in 
    the newborn infant was the result of medical treatment 
    administered to the
mother or the newborn infant, and that 
    the biological mother of this child is
the biological 
    mother of at least one other child who was adjudicated a

    neglected minor under subsection (c) of Section 2-3 of the 
    Juvenile Court Act
of 1987, after which the biological 
    mother had the opportunity to enroll in
and participate in 
    a clinically appropriate substance abuse
counseling, 
    treatment, and rehabilitation program.

    E. "Parent" means a person who is the legal mother or legal 
father of the child as defined in subsection X or Y of this 
Section. For the purpose of this Act, a parent who has executed 
a consent to adoption, a surrender, or a waiver pursuant to 
Section 10 of this Act, who has signed a Denial of Paternity 
pursuant to Section 12 of the Vital Records Act or Section 12a 
of this Act, or whose parental rights have been terminated by a 
court, is not a parent of the child who was the subject of the 
consent, surrender, waiver, or denial unless (1) the consent is 
void pursuant to subsection O of Section 10 of this Act; or (2) 
the person executed a consent to adoption by a specified person 
or persons pursuant to subsection A-1 of Section 10 of this Act 
and a court of competent jurisdiction finds that the consent is 
void; or (3) the order terminating the parental rights of the 
person is vacated by a court of competent jurisdiction.

    F. A person is available for adoption when the person is:

        (a) a child who has been surrendered for adoption to an 
    agency and to
whose adoption the agency has thereafter 
    consented;

        (b) a child to whose adoption a person authorized by 
    law, other than his
parents, has consented, or to whose 
    adoption no consent is required pursuant
to Section 8 of 
    this Act;

        (c) a child who is in the custody of persons who intend 
    to adopt him
through placement made by his parents;

        (c-1) a child for whom a parent has signed a specific 
    consent pursuant
to subsection O of Section 10;

        (d) an adult who meets the conditions set forth in 
    Section 3 of this
Act; or

        (e) a child who has been relinquished as defined in 
    Section 10 of the
Abandoned Newborn Infant Protection Act.

    A person who would otherwise be available for adoption 
shall not be
deemed unavailable for adoption solely by reason 
of his or her death.

    G. The singular includes the plural and the plural includes

the singular and the "male" includes the "female", as the 
context of this
Act may require.

    H. (Blank).

    I. "Habitual residence" has the meaning ascribed to it in 
the federal Intercountry Adoption Act of 2000 and regulations 
promulgated thereunder.

    J. "Immediate relatives" means the biological parents, the 
parents of
the biological parents and siblings of the 
biological parents.

    K. "Intercountry adoption" is a process by which a child 
from a country
other than the United States is adopted by 
persons who are habitual residents of the United States, or the 
child is a habitual resident of the United States who is 
adopted by persons who are habitual residents of a country 
other than the United States.

    L. (Blank).

    M. "Interstate Compact on the Placement of Children" is a 
law enacted by all
 states and certain territories for the 
purpose of establishing uniform procedures for handling
the 
interstate placement of children in foster homes, adoptive 
homes, or
other child care facilities.

    N. (Blank).

    O. "Preadoption requirements" means any conditions or 
standards established by the laws or administrative rules of 
this State that must be met by a prospective adoptive parent

prior to the placement of a child in an adoptive home.

    P. "Abused child" means a child whose parent or immediate 
family member,
or any person responsible for the child's 
welfare,  or any individual
residing in the same home as the 
child, or a paramour of the child's parent:

        (a) inflicts, causes to be inflicted, or allows to be 
    inflicted upon
the child physical injury, by other than 
    accidental means, that causes
death, disfigurement, 
    impairment of physical or emotional health, or loss
or 
    impairment of any bodily function;

        (b) creates a substantial risk of physical injury to 
    the child by
other than accidental means which would be 
    likely to cause death,
disfigurement, impairment of 
    physical or emotional health, or loss or
impairment of any 
    bodily function;

        (c) commits or allows to be committed any sex offense 
    against the child,
as sex offenses are defined in the 
    Criminal Code of 2012
and extending those definitions of 
    sex offenses to include children under
18 years of age;

        (d) commits or allows to be committed an act or acts of 
    torture upon
the child; or

        (e) inflicts excessive corporal punishment.

    Q. "Neglected child" means any child whose parent or other 
person
responsible for the child's welfare withholds or denies 
nourishment or
medically indicated treatment including food or 
care denied solely on the
basis of the present or anticipated 
mental or physical impairment as determined
by a physician 
acting alone or in consultation with other physicians or

otherwise does not provide the proper or necessary support, 
education
as required by law, or medical or other remedial care 
recognized under State
law as necessary for a child's 
well-being, or other care necessary for his
or her well-being, 
including adequate food, clothing and shelter; or who
is 
abandoned by his or her parents or other person responsible for 
the child's
welfare.

    A child shall not be considered neglected or abused for the

sole reason that the child's parent or other person responsible 
for his
or her welfare depends upon spiritual means through 
prayer alone for the
treatment or cure of disease or remedial 
care as provided under Section 4
of the Abused and Neglected 
Child Reporting Act.
A child shall not be considered neglected 
or abused for the sole reason that
the child's parent or other 
person responsible for the child's welfare failed
to vaccinate, 
delayed vaccination, or refused vaccination for the child
due 
to a waiver on religious or medical grounds as permitted by 
law.

    R. "Putative father" means a man who may be a child's 
father, but who (1) is
not married to the child's mother on or 
before the date that the child was or
is to be born and (2) has 
not established paternity of the child in a court
proceeding 
before the filing of a petition for the adoption of the child.  
The
term includes a male who is less than 18 years of age.  
"Putative father" does
not mean a man who is the child's father 
as a result of criminal sexual abuse
or assault as defined 
under Article 11 of the Criminal Code of 2012.


    S. "Standby adoption" means an adoption in which a parent

consents to custody and termination of parental rights to 
become
effective upon the occurrence of a future event, which 
is either the death of
the
parent or the request of the parent

for the entry of a final judgment of adoption.

    T. (Blank).

    T-5. "Biological parent", "birth parent", or "natural 
parent" of a child are interchangeable terms that mean a person 
who is biologically or genetically related to that child as a 
parent. 
    U. "Interstate adoption" means the placement of a minor 
child with a prospective adoptive parent for the purpose of 
pursuing an adoption for that child that is subject to the 
provisions of the Interstate Compact on Placement of Children.
    V. (Blank).
    W. (Blank).
    X.   "Legal father" of a child means a man who is recognized 
as or presumed to be that child's father:
        (1)   because of his marriage to or civil union with the 
    child's parent at the time of the child's birth or within 
    300 days prior to that child's birth, unless he signed a 
    denial of paternity pursuant to Section 12 of the Vital 
    Records Act or a waiver pursuant to Section 10 of this Act; 
    or
        (2)   because his paternity of the child has been 
    established pursuant to the Illinois Parentage Act, the 
    Illinois Parentage Act of 1984, or the Gestational 
    Surrogacy Act; or
        (3)    because he is listed as the child's father or 
    parent on the child's birth certificate, unless he is 
    otherwise determined by an administrative or judicial 
    proceeding not to be the parent of the child or unless he 
    rescinds his acknowledgment of paternity pursuant to the 
    Illinois Parentage Act of 1984; or
        (4)   because his paternity or adoption of the child has 
    been established by a court of competent jurisdiction.
    The definition in this subsection X shall not be construed 
to provide greater or lesser rights as to the number of parents 
who can be named on a final judgment order of adoption or 
Illinois birth certificate that otherwise exist under Illinois 
law. 
    Y.   "Legal mother" of a child means a woman who is 
recognized as or presumed to be that child's mother:
        (1)   because she gave birth to the child except as 
    provided in the Gestational Surrogacy Act; or
        (2)   because her maternity of the child has been 
    established pursuant to the Illinois Parentage Act of 1984 
    or the Gestational Surrogacy Act; or
        (3)   because her maternity or adoption of the child has 
    been established by a court of competent jurisdiction; or
        (4)   because of her marriage to or civil union with the 
    child's other parent at the time of the child's birth or 
    within 300 days prior to the time of birth; or
        (5)   because she is listed as the child's mother or 
    parent on the child's birth certificate unless she is 
    otherwise determined by an administrative or judicial 
    proceeding not to be the parent of the child. 
    The definition in this subsection Y shall not be construed 
to provide greater or lesser rights as to the number of parents 
who can be named on a final judgment order of adoption or 
Illinois birth certificate that otherwise exist under Illinois 
law. 
    Z. "Department" means the Illinois Department of Children 
and Family Services. 
    AA. "Placement disruption" means a circumstance where the 
child is removed from an adoptive placement before the adoption 
is finalized.
    BB. "Secondary placement" means a placement, including but 
not limited to the placement of a youth in care as defined in 
Section 4d of the Children and Family Services Act, that occurs 
after a placement disruption or an adoption dissolution. 
"Secondary placement" does not mean secondary placements 
arising due to the death of the adoptive parent of the child.
    CC. "Adoption dissolution" means a circumstance where the 
child is removed from an adoptive placement after the adoption 
is finalized.
    DD. "Unregulated placement" means the secondary placement 
of a child that occurs without the oversight of the courts, the 
Department, or a licensed child welfare agency.
    EE. "Post-placement and post-adoption support services" 
means support services for placed or adopted children and 
families that include, but are not limited to, mental health 
treatment, including counseling and other support services for 
emotional, behavioral, or developmental needs, and treatment 
for substance abuse. 
(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, 
eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)

 
    (750 ILCS 50/18.9)
    Sec. 18.9. Post-placement and post-adoption support 
services.
    (a) It is the public policy of this State to find 
permanency for children through adoption and to prevent 
placement disruption, adoption dissolution, and secondary 
placement. Public awareness and access Access to timely, 
effective post-placement and post-adoption support services to 
provide support and resources for children and youth in care as 
defined in Section 4d of the Children and Family Services Act, 
foster families, and adoptive families is essential to promote 
permanency.  Public awareness of post-placement and 
post-adoption services and the ability of families to utilize 
effective services are essential to permanency.
    (b) The Department shall establish and maintain accessible 
post-placement and post-adoption support services for all 
children adopted pursuant to this Act, all children residing in 
this State adopted pursuant to the Interstate Compact on the 
Placement of Children, all children residing in this State 
adopted pursuant to the Intercountry Adoption Act of 2000, and 
all former youth in care, as defined by the Children and Family 
Services Act, who have been placed in a guardianship.
    (b-5) The Department shall establish and maintain a 
toll-free number to respond to requests from the public about 
its post-placement and post-adoption support services under 
subsection (b) and shall staff the toll-free number so that 
calls are answered on a timely basis, but in no event more than 
24 hours from the receipt of a request. 
    (c) The Department shall publicize post information about 
the Department's post-placement and post-adoption support 
services pursuant to subsection (b) and the toll-free number 
pursuant to subsection (b-5) as follows:
        (1) it shall post information on the Department's 
    website; and
        (2) it shall provide the information to every licensed 
    child welfare agency, every out of State placement agency 
    or entity approved under Section 4.1 of this Act, and any 
    entity providing adoption support services in the Illinois 
    courts; .
        (3) it The Department's post-placement and 
    post-adoption support services shall reference such 
    information be referenced in the information regarding 
    adoptive parents' rights and responsibilities document 
    that the Department publishes and that is provided provides 
    to adoptive parents under this Act and the Child Care Act.
        (4) it shall provide the information, including the 
    Illinois Post Adoption and Guardianship Services booklet, 
    to prospective adoptive parents and guardians as part of 
    its adoption and guardianship training and at the time they 
    are presented with the Permanency Commitment form; and
        (5) it shall include, in each annual notification 
    letter mailed to adoptive parents and guardians, a short, 
    2-sided flier or news bulletin in plain language that 
    describes access to post-placement and post-adoption 
    services, how to access Medicaid and Individual Care Grant 
    or Family Support Program services, the webpage address to 
    Illinois' Post Adoption and Guardianship Services booklet, 
    information on how to request that a copy of the booklet be 
    mailed, and a sticker or magnet that includes the toll-free 
    number to access the Department's post-placement and 
    post-adoption support services. The Department shall 
    establish and maintain a toll-free number to advise the 
    public about its post-placement and post-adoption support 
    services and post the number on its website.
    (c-5) The Department shall review and update annually all 
information relating to its post-placement and post-adoption 
support services, including its Post Adoption and Guardianship 
Services booklet, to include updated information on Individual 
Care Group or Family Support Program services eligibility and 
the post-placement and post-adoption support services that are 
available through the Medicaid program or any other State 
program for mental health services. The Department and the 
Department of Healthcare and Family Services shall coordinate 
their efforts in the development of resources described in this 
subsection. 
    (d) Every licensed child welfare agency, every entity 
approved under Section 4.1 of this Act, and any entity 
providing adoption support services in the Illinois courts 
shall provide the Department's website address and link to the 
Department's post-placement and post-adoption support services 
information set forth in subsection (c) of this Section, 
including the Department's toll-free number, to every adoptive 
parent, prospective adoptive parent, and guardian with whom 
they work in Illinois.  This information shall be provided prior 
to placement.
    (e) Beginning one year after the effective date of this 
amendatory Act of the 101st 99th General Assembly, the 
Department shall report annually to the General Assembly on 
January 15 the following information for the preceding year:
        (1) a description of all post-placement and 
    post-adoption support services the Department provides;
        (2) without identifying the names of the recipients of 
    the services, the number of guardians foster parents, 
    prospective adoptive parents, and adoptive families in 
    Illinois who have received the Department's post-placement 
    and post-adoption support services and the type of services 
    provided and for each, the length of time between the 
    initial contact to the Department to request 
    post-placement and post-adoption support services and the 
    first receipt of services, and the type of services 
    received;
        (3) the number of families who have contacted the 
    Department about its post-placement and post-adoption 
    support services due to a potential placement disruption, 
    adoption dissolution, secondary placement, or unregulated 
    placement, but for whom the Department declined to provide 
    post-placement and post-adoption support services and the 
    reasons that services were denied; and
        (4) the number of placement disruptions, adoption 
    dissolutions, unregulated placements, and secondary 
    placements, and for each one:
            (A) the type of placement or adoption, including 
        whether the child who was the subject of the placement 
        was  a youth in care as defined in Section 4d of the 
        Children and Family Services Act, and if the child was 
        not a youth in care, whether the adoption was a  
        private, agency, agency-assisted, interstate, or 
        intercountry adoption;
            (B) if the placement or adoption was intercountry, 
        the country of birth of the child;
            (C) whether the child who was the subject of the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement entered 
        State custody;
            (D) the length of the placement prior to the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement;
            (E) the age of the child at the time of the 
        placement disruption, adoption dissolution, 
        unregulated placement, or secondary placement;
            (F) the reason, if known, for the placement 
        disruption, adoption dissolution, unregulated 
        placement, or secondary placement; and
            (G) if a licensed child welfare agency or any 
        approved out of State placing entity participated in 
        the initial placement, and, if applicable, the name of 
        the agency or approved out of State placing entity; 
        and .
        (5) a description of the coordination between the 
    Department and the Department of Healthcare and Family 
    Services to develop resources under this subsection, 
    including, but not limited to, a description of the goals 
    of such coordination and whether the goals have been met. 

(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)