Public Act 096-0661
 
HB0756 Enrolled LRB096 04655 RLC 14714 b

    AN ACT concerning adoption.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Adoption Compensation Prohibition Act is
amended by changing Sections 3, 4, and 4.1 as follows:
 
    (720 ILCS 525/3)  (from Ch. 40, par. 1703)
    Sec. 3. Definitions. As used in this Act:
    "Adoption services" has the meaning given that term in the
Child Care Act of 1969.
    "Placing out" means to arrange for the free care or
placement of a child in a family other than that of the child's
parent, stepparent, grandparent, brother, sister, uncle or
aunt or legal guardian, for the purpose of adoption or for the
purpose of providing care.
    "Prospective adoptive parent" means a person or persons who
have filed or intend to file a petition to adopt a child under
the Adoption Act.
    "Adoption services" has the meaning given that term in the
Child Care Act of 1969.
(Source: P.A. 94-586, eff. 8-15-05.)
 
    (720 ILCS 525/4)  (from Ch. 40, par. 1704)
    Sec. 4. The provisions of this Act shall not be construed
to prevent the payment of salaries or other compensation by a
licensed child welfare agency providing adoption services, as
that term is defined by the Child Care Act of 1969, as now or
hereafter amended, to the officers, employees, agents,
contractors, or any other persons acting on behalf of the child
welfare agency, provided that such salaries and compensation
are consistent with subsection (a) of Section 14.5 of the Child
Care Act of 1969.
    The provisions of this Act shall not be construed to
prevent the payment by a prospective adoptive parent person
with whom a child has been placed for adoption of reasonable
and actual medical fees or hospital charges for services
rendered in connection with the birth of such child, if such
payment is made to the physician or hospital who or which
rendered the services or to the biological mother of the child
or to prevent the receipt of such payment by such physician,
hospital, or mother.
    The provisions of this Act shall not be construed to
prevent a prospective adoptive parent from giving a gift or
gifts or other thing or things of value to a biological parent
provided that the total value of such gift or gifts or thing or
things of value does not exceed $200.
(Source: P.A. 94-586, eff. 8-15-05.)
 
    (720 ILCS 525/4.1)  (from Ch. 40, par. 1704.1)
    Sec. 4.1. Payment of certain expenses.
    (a) A prospective adoptive parent person or persons who
have filed or intend to file a petition to adopt a child under
the Adoption Act shall be permitted to pay the reasonable
living expenses of the biological parents of the child sought
to be adopted, in addition to those expenses set forth in
Section 4, only in accordance with the provisions of this
Section.
    "Reasonable living expenses" means those expenses related
to activities of daily living and meeting basic needs,
including, but not limited to, lodging, food, and clothing for
the biological parents during the biological mother's
pregnancy and for no more than 120 days prior to the biological
mother's expected date of delivery and for no more than 60 days
after the birth of the child. The term does not include
expenses for lost wages, gifts, educational expenses, or other
similar expenses of the biological parents.
    (b) (1) The prospective adoptive parents petitioners may
seek leave of the court to pay the reasonable living expenses
of the biological parents. They shall be permitted to pay the
reasonable living expenses of the biological parents only upon
prior order of the circuit court where the petition for
adoption will be filed, or if the petition for adoption has
been filed in the circuit court where the petition is pending.
    (2) Notwithstanding clause (b)(1) of this Section, a
prospective adoptive parent may advance a maximum of $1,000 for
reasonable birth parent living expenses without prior order of
court. The prospective adoptive parents shall present a final
accounting of all expenses to the court prior to the entry of a
final judgment order for adoption.
    (3) If the court finds an accounting by the prospective
adoptive parents to be incomplete or deceptive or to contain
amounts which are unauthorized or unreasonable, the court may
order a new accounting or the repayment of amounts found to be
excessive or unauthorized or make any other orders it deems
appropriate.
    (c) Payments under this Section shall be permitted only in
those circumstances where there is a demonstrated need for the
payment of such expenses to protect the health of the
biological parents or the health of the child sought to be
adopted.
    (d) Payment of their reasonable living expenses, as
provided in this Section, shall not obligate the biological
parents to place the child for adoption. In the event the
biological parents choose not to place the child for adoption,
the prospective adoptive parents petitioners shall have no
right to seek reimbursement from the biological parents, or
from any relative or associate of the biological parents, of
moneys paid to, or on behalf of, the biological parents
pursuant to a court order under this Section.
    (d-1) Notwithstanding subsection (d) of this Section, a
prospective adoptive parent may seek reimbursement of
reasonable living expenses from a person who receives such
payments only if the person who accepts payment of reasonable
living expenses before the child's birth, as described in
subsection (d) of this Section, knows that the person on whose
behalf he or she is accepting payment is not pregnant at the
time of the receipt of such payments or the person receives
reimbursement for reasonable living expenses simultaneously
from more than one prospective adoptive parent without the
knowledge of the prospective adoptive parent.
    (d-5) No person or entity shall offer, provide, or co-sign
a loan or any other credit accommodation, directly or
indirectly, with a biological parent or a relative or associate
of a biological parent based on the contingency of a surrender
or placement of a child for adoption.
    (e) Within 14 days after the completion of all payments for
reasonable living expenses of the biological parents under this
Section, the prospective adoptive parents petitioners shall
present a final accounting of all those expenses to the court.
The accounting shall include vouchers for all moneys expended,
copies of all checks written, and receipts for all cash
payments. The accounting shall also include the verified
statements of the prospective adoptive parents petitioners,
each attorney of record, and the biological parents or parents
to whom or on whose behalf the payments were made attesting to
the accuracy of the accounting.
    (f) If the placement of a child for adoption is made in
accordance with the Interstate Compact on the Placement of
Children, and if the sending state permits the payment of any
expenses of biological parents that are not permitted under
this Act, then the payment of those expenses shall not be a
violation of this Act. In that event, the prospective adoptive
parents petitioners shall file an accounting of all payments of
the expenses of the biological parent or parents with the court
in which the petition for adoption is filed or is to be filed.
The accounting shall include a copy of the statutory provisions
of the sending state that permit payments in addition to those
permitted by this Act and a copy of all orders entered in the
sending state that relate to expenses of the biological parents
paid by the prospective adoptive parents petitioners in the
sending state.
    (g) The prospective adoptive parents petitioners shall be
permitted to pay the reasonable attorney's fees of a the
biological parent's parents' attorney in connection with
proceedings under this Act or in connection with proceedings
for the adoption of the child if the amount of fees of the
attorney is $1,000 or less. If the amount of attorney's fees of
each biological parent exceeds $1,000, the . The attorney's
fees shall be paid only after a petition seeking leave to pay
those fees is filed with the court in which the adoption
proceeding is filed or to be filed. The court shall review the
petition for leave to pay attorney's fees, and if the court
determines that the fees requested are reasonable, the court
shall permit the petitioners to pay them. If the court
determines that the fees requested are not reasonable, the
court shall determine and set the reasonable attorney's fees of
the biological parents' attorney which may be paid by the
petitioners. The prospective adoptive parents shall present a
final accounting of all those fees to the court prior to the
entry of a final judgment order for adoption.
    (h) The court may appoint a guardian ad litem for an unborn
child to represent the interests of the child in proceedings
under this Section.
    (i) The provisions of this Section apply to a person who is
a prospective adoptive parent has filed or intends to file a
petition to adopt a child under the Adoption Act. This Section
does not apply to a licensed child welfare agency, as that term
is defined in the Child Care Act of 1969, whose payments are
governed by the Child Care Act of 1969 and the Department rules
adopted thereunder.
(Source: P.A. 93-1063, eff. 6-1-05; 94-586, eff. 8-15-05.)
 
    Section 10. The Adoption Act is amended by changing Section
18.3a as follows:
 
    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
    Sec. 18.3a. Confidential intermediary.
    (a) General purposes. Notwithstanding any other provision
of this Act, any adopted or surrendered person 21 years of age
or over, any adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21, or any birth parent of
an adopted or surrendered person who is 21 years of age or over
may petition the court in any county in the State of Illinois
for appointment of a confidential intermediary as provided in
this Section for the purpose of exchanging medical information
with one or more mutually consenting biological relatives,
obtaining identifying information about one or more mutually
consenting biological relatives, or arranging contact with one
or more mutually consenting biological relatives.
Additionally, in cases where an adopted or surrendered person
is deceased, an adult child of the adopted or surrendered
person or his or her adoptive parents or surviving spouse may
file a petition under this Section and in cases where the birth
parent is deceased, an adult birth sibling of the adopted or
surrendered person or of the deceased birth parent may file a
petition under this Section for the purpose of exchanging
medical information with one or more mutually consenting
biological relatives of the adopted or surrendered person,
obtaining identifying information about one or more mutually
consenting biological relatives of the adopted or surrendered
person, or arranging contact with one or more mutually
consenting biological relatives of the adopted or surrendered
person. Beginning January 1, 2006, any adopted or surrendered
person 21 years of age or over; any adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21; any birth parent, birth sibling, birth aunt, or birth uncle
of an adopted or surrendered person over the age of 21; any
surviving child, adoptive parent, or surviving spouse of a
deceased adopted or surrendered person who wishes to petition
the court for the appointment of a confidential intermediary
shall be required to accompany their petition with proof of
registration with the Illinois Adoption Registry and Medical
Information Exchange.
    (b) Petition. Upon petition by an adopted or surrendered
person 21 years of age or over, an adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21, or a birth parent of an adopted or surrendered person who
is 21 years of age or over, the court shall appoint a
confidential intermediary. Upon petition by an adult child,
adoptive parent or surviving spouse of an adopted or
surrendered person who is deceased, by an adult birth sibling
of an adopted or surrendered person whose common birth parent
is deceased and whose adopted or surrendered birth sibling is
21 years of age or over, or by an adult sibling of a birth
parent who is deceased, and whose surrendered child is 21 years
of age or over, the court may appoint a confidential
intermediary if the court finds that the disclosure is of
greater benefit than nondisclosure. The petition shall state
which biological relative or relatives are being sought and
shall indicate if the petitioner wants to do any one or more of
the following: exchange medical information with the
biological relative or relatives, obtain identifying
information from the biological relative or relatives, or to
arrange contact with the biological relative.
    (c) Order. The order appointing the confidential
intermediary shall allow that intermediary to conduct a search
for the sought-after relative by accessing those records
described in subsection (g) of this Section.
    (d) Fees and expenses. The court shall condition the
appointment of the confidential intermediary on the
petitioner's payment of the intermediary's fees and expenses in
advance of the commencement of the work of the confidential
intermediary.
    (e) Eligibility of intermediary. The court may appoint as
confidential intermediary any person certified by the
Department of Children and Family Services as qualified to
serve as a confidential intermediary. Certification shall be
dependent upon the confidential intermediary completing a
course of training including, but not limited to, applicable
federal and State privacy laws.
    (f) Confidential Intermediary Council. There shall be
established under the Department of Children and Family
Services a Confidential Intermediary Advisory Council. One
member shall be an attorney representing the Attorney General's
Office appointed by the Attorney General. One member shall be a
currently certified confidential intermediary appointed by the
Director of the Department of Children and Family Services. The
Director shall also appoint 5 additional members. When making
those appointments, the Director shall consider advocates for
adopted persons, adoptive parents, birth parents, lawyers who
represent clients in private adoptions, lawyers specializing
in privacy law, and representatives of agencies involved in
adoptions. The Director shall appoint one of the 7 members as
the chairperson. An attorney from the Department of Children
and Family Services and the person directly responsible for
administering the confidential intermediary program shall
serve as ex-officio, non-voting advisors to the Council.
Council members shall serve at the discretion of the Director
and shall receive no compensation other than reasonable
expenses approved by the Director. The Council shall meet no
less than twice yearly, and shall make recommendations to the
Director regarding the development of rules, procedures, and
forms that will ensure efficient and effective operation of the
confidential intermediary process, including:
        (1) Standards for certification for confidential
    intermediaries.
        (2) Oversight of methods used to verify that
    intermediaries are complying with the appropriate laws.
        (3) Training for confidential intermediaries,
    including training with respect to federal and State
    privacy laws.
        (4) The relationship between confidential
    intermediaries and the court system, including the
    development of sample orders defining the scope of the
    intermediaries' access to information.
        (5) Any recent violations of policy or procedures by
    confidential intermediaries and remedial steps, including
    decertification, to prevent future violations.
    (g)  Access. Subject to the limitations of subsection (i)
of this Section, the confidential intermediary shall have
access to vital records maintained by the Department of Public
Health and its local designees for the maintenance of vital
records or a comparable public entity that maintains vital
records in another state in accordance with that state's laws
and all records of the court or any adoption agency, public or
private, as limited in this Section, which relate to the
adoption or the identity and location of an adopted or
surrendered person, of an adult child or surviving spouse of a
deceased adopted or surrendered person, or of a birth parent,
birth sibling, or the sibling of a deceased birth parent. The
confidential intermediary shall not have access to any personal
health information protected by the Standards for Privacy of
Individually Identifiable Health Information adopted by the
U.S. Department of Health and Human Services under the Health
Insurance Portability and Accountability Act of 1996 unless the
confidential intermediary has obtained written consent from
the person whose information is being sought or, if that person
is a minor child, that person's parent or guardian.
Confidential intermediaries shall be authorized to inspect
confidential relinquishment and adoption records. The
confidential intermediary shall not be authorized to access
medical records, financial records, credit records, banking
records, home studies, attorney file records, or other personal
records. In cases where a birth parent is being sought, an
adoption agency shall inform the confidential intermediary of
any statement filed pursuant to Section 18.3, hereinafter
referred to as "the 18.3 statement", indicating a desire of the
surrendering birth parent to have identifying information
shared or to not have identifying information shared. If there
was a clear statement of intent by the sought-after birth
parent not to have identifying information shared, the
confidential intermediary shall discontinue the search and
inform the petitioning party of the sought-after relative's
intent. Information provided to the confidential intermediary
by an adoption agency shall be restricted to the full name,
date of birth, place of birth, last known address, last known
telephone number of the sought-after relative or, if
applicable, of the children or siblings of the sought-after
relative, and the 18.3 statement.
    (h) Adoption agency disclosure of medical information. If
the petitioner is an adult adopted or surrendered person or the
adoptive parent of a minor and if the petitioner has signed a
written authorization to disclose personal medical
information, an adoption agency disclosing information to a
confidential intermediary shall disclose available medical
information about the adopted or surrendered person from birth
through adoption.
    (i) Duties of confidential intermediary in conducting a
search. In conducting a search under this Section, the
confidential intermediary shall first confirm that there is no
Denial of Information Exchange on file with the Illinois
Adoption Registry. If the petitioner is an adult child of an
adopted or surrendered person who is deceased, the confidential
intermediary shall additionally confirm that the adopted or
surrendered person did not file a Denial of Information
Exchange with the Illinois Adoption Registry during his or her
life. If the petitioner is an adult birth sibling of an adopted
or surrendered person or an adult sibling of a birth parent who
is deceased, the confidential intermediary shall additionally
confirm that the birth parent did not file a Denial of
Information Exchange with the Registry during his or her life.
If the confidential intermediary learns that a sought-after
birth parent signed a statement indicating his or her intent
not to have identifying information shared, and did not later
file an Information Exchange Authorization with the Adoption
Registry, the confidential intermediary shall discontinue the
search and inform the petitioning party of the birth parent's
intent.
    In conducting a search under this Section, the confidential
intermediary shall attempt to locate the relative or relatives
from whom the petitioner has requested information. If the
sought-after relative is deceased or cannot be located after a
diligent search, the confidential intermediary may contact
other adult relatives of the sought-after relative.
    The confidential intermediary shall contact a sought-after
relative on behalf of the petitioner in a manner that respects
the sought-after relative's privacy and shall inform the
sought-after relative of the petitioner's request for medical
information, identifying information or contact as stated in
the petition. Based upon the terms of the petitioner's request,
the confidential intermediary shall contact a sought-after
relative on behalf of the petitioner and inform the
sought-after relative of the following options:
        (1) The sought-after relative may totally reject one or
    all of the requests for medical information, identifying
    information or contact. The sought-after relative shall be
    informed that they can provide a medical questionnaire to
    be forwarded to the petitioner without releasing any
    identifying information. The confidential intermediary
    shall inform the petitioner of the sought-after relative's
    decision to reject the sharing of information or contact.
        (2) The sought-after relative may consent to
    completing a medical questionnaire only. In this case, the
    confidential intermediary shall provide the questionnaire
    and ask the sought-after relative to complete it. The
    confidential intermediary shall forward the completed
    questionnaire to the petitioner and inform the petitioner
    of the sought-after relative's desire to not provide any
    additional information.
        (3) The sought-after relative may communicate with the
    petitioner without having his or her identity disclosed. In
    this case, the confidential intermediary shall arrange the
    desired communication in a manner that protects the
    identity of the sought-after relative. The confidential
    intermediary shall inform the petitioner of the
    sought-after relative's decision to communicate but not
    disclose his or her identity.
        (4) The sought after relative may consent to initiate
    contact with the petitioner. If both the petitioner and the
    sought-after relative or relatives are eligible to
    register with the Illinois Adoption Registry, the
    confidential intermediary shall provide the necessary
    application forms and request that the sought-after
    relative register with the Illinois Adoption Registry. If
    either the petitioner or the sought-after relative or
    relatives are ineligible to register with the Illinois
    Adoption Registry, the confidential intermediary shall
    obtain written consents from both parties that they wish to
    disclose their identities to each other and to have contact
    with each other.
    (j) Oath. The confidential intermediary shall sign an oath
of confidentiality substantially as follows: "I, ..........,
being duly sworn, on oath depose and say: As a condition of
appointment as a confidential intermediary, I affirm that:
        (1) I will not disclose to the petitioner, directly or
    indirectly, any confidential information except in a
    manner consistent with the law.
        (2) I recognize that violation of this oath subjects me
    to civil liability and to a potential finding of contempt
    of court. ................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
date)
................................."
    (k) Sanctions.
        (1) Any confidential intermediary who improperly
    discloses confidential information identifying a
    sought-after relative shall be liable to the sought-after
    relative for damages and may also be found in contempt of
    court.
        (2) Any person who learns a sought-after relative's
    identity, directly or indirectly, through the use of
    procedures provided in this Section and who improperly
    discloses information identifying the sought-after
    relative shall be liable to the sought-after relative for
    actual damages plus minimum punitive damages of $10,000.
        (3) The Department shall fine any confidential
    intermediary who improperly discloses confidential
    information in violation of item (1) or (2) of this
    subsection (k) an amount up to $2,000 per improper
    disclosure. This fine does not affect civil liability under
    item (2) of this subsection (k). The Department shall
    deposit all fines and penalties collected under this
    Section into the Illinois Adoption Registry and Medical
    Information Fund.
    (l) Death of person being sought. Notwithstanding any other
provision of this Act, if the confidential intermediary
discovers that the person being sought has died, he or she
shall report this fact to the court, along with a copy of the
death certificate.
    (m) Any confidential information obtained by the
confidential intermediary during the course of his or her
search shall be kept strictly confidential and shall be used
for the purpose of arranging contact between the petitioner and
the sought-after birth relative. At the time the case is
closed, all identifying information shall be returned to the
court for inclusion in the impounded adoption file.
    (n) If the petitioner is an adopted or surrendered person
21 years of age or over or the adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21, any non-identifying information, as defined in Section
18.4, that is ascertained during the course of the search may
be given in writing to the petitioner at any time during the
search before the case is closed.
    (o) Except as provided in subsection (k) of this Section,
no liability shall accrue to the State, any State agency, any
judge, any officer or employee of the court, any certified
confidential intermediary, or any agency designated to oversee
confidential intermediary services for acts, omissions, or
efforts made in good faith within the scope of this Section.
    (p) An adoption agency that has received a request from a
confidential intermediary for the full name, date of birth,
last known address, or last known telephone number of a
sought-after relative pursuant to subsection (g) of Section
18.3, or for medical information regarding a sought-after
relative pursuant to subsection (h) of Section 18.3, must
satisfactorily comply with this court order within a period of
45 days. The court shall order the adoption agency to reimburse
the petitioner in an amount equal to all payments made by the
petitioner to the confidential intermediary, and the adoption
agency shall be subject to a civil monetary penalty of $1,000
to be paid to the Department of Children and Family Services.
Following the issuance of a court order finding that the
adoption agency has not complied with Section 18.3, the
adoption agency shall be subject to a monetary penalty of $500
per day for each subsequent day of non-compliance. Proceeds
from such fines shall be utilized by the Department of Children
and Family Services to subsidize the fees of petitioners as
referenced in subsection (d) of this Section.
    (q) Provide information to eligible petitioner. The
confidential intermediary may provide to eligible petitioners
as described in subsections (a) and (b) of this Section, the
name of the child welfare agency which had legal custody of the
surrendered person or responsibility for placing the
surrendered person and any available contact information for
such agency. In addition, the confidential intermediary may
provide to such petitioners the name of the state in which the
surrender occurred or in which the adoption was finalized.
    Any reimbursements and fines, notwithstanding any
reimbursement directly to the petitioner, paid under this
subsection are in addition to other remedies a court may
otherwise impose by law.
    Proceeds from the penalties paid to the Department of
Children and Family Services shall be deposited into the DCFS
Children's Services Fund. The Department of Children and Family
Services shall submit reports to the Confidential Intermediary
Advisory Council by July 1 and January 1 of each year in order
to report the penalties assessed and collected under this
subsection, the amounts of related deposits into the DCFS
Children's Services Fund, and any expenditures from such
deposits.
(Source: P.A. 93-189, eff. 1-1-04; 94-173, eff. 1-1-06;
94-1010, eff. 10-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.