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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adoption Act is amended by changing Section | ||||||
5 | 18.08 as follows: | ||||||
6 | (750 ILCS 50/18.08) | ||||||
7 | Sec. 18.08. Adoption Registry-Confidential Intermediary | ||||||
8 | Advisory Council. | ||||||
9 | (a) There shall be established under the Department of | ||||||
10 | Public Health and the Department of Children and Family | ||||||
11 | Services the Adoption Registry-Confidential Intermediary | ||||||
12 | Advisory Council. The Council shall include: | ||||||
13 | (1) the Director of the Department of Public Health, or | ||||||
14 | his or her designee, who shall serve as the co-chairperson | ||||||
15 | of the Council; | ||||||
16 | (2) the Director of the Department of Children and | ||||||
17 | Family Services, or his or her designee, who shall serve as | ||||||
18 | the co-chairperson of the Council; | ||||||
19 | (3) an attorney representing the Attorney General's | ||||||
20 | Office appointed by the Attorney General; | ||||||
21 | (4) a currently certified confidential intermediary | ||||||
22 | appointed by the Director of the Department of Children and | ||||||
23 | Family Services; |
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1 | (5) one representative from each of the following | ||||||
2 | organizations appointed by the Director of the Department | ||||||
3 | of Public Health: Adoption Advocates of America, Adoptive | ||||||
4 | Families Today, Catholic Conference of Illinois, Chicago | ||||||
5 | Area Families for Adoption, Chicago Bar Association, Child | ||||||
6 | Care Association of Illinois, Children's Home and Aid | ||||||
7 | Society of Illinois, Child Welfare Advisory Council, The | ||||||
8 | Cradle, Healing Hearts, Illinois Foster Parents | ||||||
9 | Association, Illinois State Bar Association, Illinois | ||||||
10 | State Medical Society, Jewish Child & Family Services | ||||||
11 | Jewish Children's Bureau , LDS Social Services, Lutheran | ||||||
12 | Social Services of Illinois, Maryville Academy, Midwest | ||||||
13 | Adoption Center, St. Mary's Services, Stars of David, | ||||||
14 | Truthseekers in Adoption, and White Oak Foundation; | ||||||
15 | (6) 5 additional members appointed by the Director of | ||||||
16 | the Department of Children and Family Services who shall, | ||||||
17 | when making those appointments, consider advocates for | ||||||
18 | adopted persons, adoptive parents, or birth parents, | ||||||
19 | lawyers who represent clients in private adoptions, | ||||||
20 | lawyers specializing in privacy law, and representatives | ||||||
21 | of agencies involved in adoptions; | ||||||
22 | (7) an attorney from the Department of Children and | ||||||
23 | Family Services, who shall serve as an ex-officio, | ||||||
24 | non-voting advisor to the Council; and | ||||||
25 | (8) the person directly responsible for administering | ||||||
26 | the confidential intermediary program, who shall serve as |
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1 | an ex-officio, non-voting advisor to the Council. | ||||||
2 | (b) If any one of the named organizations in item (5) of | ||||||
3 | subsection (a) notifies the Director of the Department of | ||||||
4 | Public Health or the Director of the Department of Children and | ||||||
5 | Family Services in writing that the organization does not wish | ||||||
6 | to participate on the Adoption Registry-Confidential | ||||||
7 | Intermediary Advisory Council or that the organization is no | ||||||
8 | longer functioning, the Directors may designate another | ||||||
9 | organization that represents the same constituency as the named | ||||||
10 | organization to replace the named organization on the Council. | ||||||
11 | (c) Council members shall receive no compensation for their | ||||||
12 | service. The Council shall meet no less often than once every 6 | ||||||
13 | months and shall meet as the Director of the Department of | ||||||
14 | Public Health or the Director of the Department of Children and | ||||||
15 | Family Services deems necessary. The Council shall have only an | ||||||
16 | advisory role to the Directors and may make recommendations to | ||||||
17 | the pertinent Department regarding the development of rules, | ||||||
18 | procedures, and forms that will promote the efficient and | ||||||
19 | effective operation of (i) the Illinois Adoption Registry, (ii) | ||||||
20 | the Office of Vital Records as it pertains to the Registry and | ||||||
21 | to access to the non-certified copy of the original birth | ||||||
22 | certificate, and (iii) the Confidential Intermediary Program | ||||||
23 | in Illinois. The Council will also serve in an advisory | ||||||
24 | capacity regarding the effective delivery of adult | ||||||
25 | post-adoption services in Illinois, including: | ||||||
26 | (1) advising the Department of Public Health on the |
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1 | development of rules, procedures, and forms utilized by the | ||||||
2 | Illinois Adoption Registry and Medical Information | ||||||
3 | Exchange; | ||||||
4 | (2) making recommendations regarding the procedures, | ||||||
5 | tools, and technology that will promote efficient and | ||||||
6 | effective operation of the Registry; | ||||||
7 | (3) assisting the Department of Public Health with the | ||||||
8 | development, publication, and circulation of an | ||||||
9 | informational pamphlet that describes the purpose, | ||||||
10 | function, and mechanics of the Illinois Adoption Registry | ||||||
11 | and Medical Information Exchange, including information | ||||||
12 | about who is eligible to register and how to register; | ||||||
13 | information about the questions and concerns that | ||||||
14 | registrants may develop when they register or when they | ||||||
15 | receive information from the Registry; and a list of | ||||||
16 | services, programs, groups, and informational websites | ||||||
17 | that are available to assist registrants with their | ||||||
18 | questions and concerns; | ||||||
19 | (4) collecting, compiling, and reviewing statistical | ||||||
20 | data and empirical information concerning the procedures | ||||||
21 | in the Registry including, but not limited to, data | ||||||
22 | concerning the filing of Denials of Information Exchange, | ||||||
23 | Information Exchange Authorizations, Requests for a | ||||||
24 | Non-Certified Copy of an Original Birth Certificate, and | ||||||
25 | Birth Parent Preference Forms; | ||||||
26 | (5) making recommendations to the Director of the |
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1 | Department of Children and Family Services regarding the | ||||||
2 | standards for certification for confidential | ||||||
3 | intermediaries; | ||||||
4 | (6) making recommendations to the Director of the | ||||||
5 | Department of Children and Family Services concerning | ||||||
6 | oversight methods used to verify that intermediaries are | ||||||
7 | complying with the appropriate laws; | ||||||
8 | (7) assisting the Department of Children and Family | ||||||
9 | Services with training for confidential intermediaries, | ||||||
10 | including training with respect to federal and State | ||||||
11 | privacy laws; | ||||||
12 | (8) reviewing the relationship between confidential | ||||||
13 | intermediaries and the court system and making | ||||||
14 | recommendations to the Director of the Department of | ||||||
15 | Children and Family Services concerning sample orders that | ||||||
16 | define the scope of the intermediaries' access to | ||||||
17 | information; | ||||||
18 | (9) considering any recent violations of policy or | ||||||
19 | procedures by confidential intermediaries and remedial | ||||||
20 | steps, including decertification, which might be | ||||||
21 | recommended to the Director of the Department of Children | ||||||
22 | and Family Services so as to prevent future violations; and | ||||||
23 | (10) reviewing reports from the Department of Children | ||||||
24 | and Family Services submitted by July 1 and January 1 of | ||||||
25 | each year in order detailing the penalties assessed and | ||||||
26 | collected, the amounts of related deposits into the DCFS |
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1 | Children's Services Fund, and any expenditures from such | ||||||
2 | deposits. | ||||||
3 | (d) Within 45 days after the effective date of this | ||||||
4 | amendatory Act of the 97th General Assembly, both the Adoption | ||||||
5 | Registry Advisory Council and the Confidential Intermediary | ||||||
6 | Council shall, notwithstanding any other provision of this Act, | ||||||
7 | turn over the Council's records to the Adoption | ||||||
8 | Registry-Confidential Intermediary Advisory Council and cease | ||||||
9 | to function.
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10 | (Source: P.A. 97-1063, eff. 1-1-13; 98-704, eff. 1-1-15 .)
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