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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB3871 Introduced 2/6/2026, by Sen. Darby A. Hills SYNOPSIS AS INTRODUCED: | | 20 ILCS 520/1-15 | | 750 ILCS 50/18.4 | from Ch. 40, par. 1522.4 |
| Amends the Adoption Act. Requires the following information to be provided to adoptive parents if the child was placed in foster care before adoption: (1) whether the child was in the care of more than one foster home before adoption and the reason why the child was moved from one foster home to another foster home; (2) whether other children lived in the foster home during the time of the child's placement in the foster home; (3) basic information and details about each foster parent who cared for the child; and (4) any developmental milestones that occurred before adoption. Amends the foster Parent Law to delete the right of a foster parent to timely training necessary to meet the hair care needs of the children placed in foster care. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Foster Parent Law is amended by changing |
| 5 | | Section 1-15 as follows: |
| 6 | | (20 ILCS 520/1-15) |
| 7 | | Sec. 1-15. Foster parent rights. A foster parent's rights |
| 8 | | include, but are not limited to, the following: |
| 9 | | (1) The right to be treated with dignity, respect, and |
| 10 | | consideration as a professional member of the child |
| 11 | | welfare team. |
| 12 | | (2) The right to be given standardized pre-service |
| 13 | | training and appropriate ongoing training to meet mutually |
| 14 | | assessed needs and improve the foster parent's skills. |
| 15 | | (3) The right to be informed as to how to contact the |
| 16 | | appropriate child placement agency in order to receive |
| 17 | | information and assistance to access supportive services |
| 18 | | for children in the foster parent's care. |
| 19 | | (4) The right to receive timely financial |
| 20 | | reimbursement commensurate with the care needs of the |
| 21 | | child as specified in the service plan. |
| 22 | | (5) The right to be provided a clear, written |
| 23 | | understanding of a placement agency's plan concerning the |
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| 1 | | placement of a child in the foster parent's home. Inherent |
| 2 | | in this right is the foster parent's responsibility to |
| 3 | | support activities that will promote the child's right to |
| 4 | | relationships with the child's own family and cultural |
| 5 | | heritage. |
| 6 | | (6) The right to be provided a fair, timely, and |
| 7 | | impartial investigation of complaints concerning the |
| 8 | | foster parent's licensure, to be provided the opportunity |
| 9 | | to have a person of the foster parent's choosing present |
| 10 | | during the investigation, and to be provided due process |
| 11 | | during the investigation; the right to be provided the |
| 12 | | opportunity to request and receive mediation or an |
| 13 | | administrative review of decisions that affect licensing |
| 14 | | parameters, or both mediation and an administrative |
| 15 | | review; and the right to have decisions concerning a |
| 16 | | licensing corrective action plan specifically explained |
| 17 | | and tied to the licensing standards violated. |
| 18 | | (7) The right, at any time during which a child is |
| 19 | | placed with the foster parent, to receive additional or |
| 20 | | necessary information that is relevant to the care of the |
| 21 | | child. |
| 22 | | (7.5) The right to be given information concerning a |
| 23 | | child (i) from the Department as required under subsection |
| 24 | | (u) of Section 5 of the Children and Family Services Act |
| 25 | | and (ii) from a child welfare agency as required under |
| 26 | | subsection (c-5) of Section 7.4 of the Child Care Act of |
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| 1 | | 1969. |
| 2 | | (8) The right to be notified of scheduled meetings and |
| 3 | | staffings concerning the foster child in order to actively |
| 4 | | participate in the case planning and decision-making |
| 5 | | process regarding the child, including individual service |
| 6 | | planning meetings, administrative case reviews, |
| 7 | | interdisciplinary staffings, and individual educational |
| 8 | | planning meetings; the right to be informed of decisions |
| 9 | | made by the courts or the child welfare agency concerning |
| 10 | | the child; the right to provide input concerning the plan |
| 11 | | of services for the child and to have that input given full |
| 12 | | consideration in the same manner as information presented |
| 13 | | by any other professional on the team; and the right to |
| 14 | | communicate with other professionals who work with the |
| 15 | | foster child within the context of the team, including |
| 16 | | therapists, physicians, attending health care |
| 17 | | professionals, and teachers. |
| 18 | | (9) The right to be given, in a timely and consistent |
| 19 | | manner, any information a caseworker has regarding the |
| 20 | | child and the child's family which is pertinent to the |
| 21 | | care and needs of the child and to the making of a |
| 22 | | permanency plan for the child. Disclosure of information |
| 23 | | concerning the child's family shall be limited to that |
| 24 | | information that is essential for understanding the needs |
| 25 | | of and providing care to the child in order to protect the |
| 26 | | rights of the child's family. When a positive relationship |
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| 1 | | exists between the foster parent and the child's family, |
| 2 | | the child's family may consent to disclosure of additional |
| 3 | | information. |
| 4 | | (10) The right to be given reasonable written notice |
| 5 | | of (i) any change in a child's case plan, (ii) plans to |
| 6 | | terminate the placement of the child with the foster |
| 7 | | parent, and (iii) the reasons for the change or |
| 8 | | termination in placement. The notice shall be waived only |
| 9 | | in cases of a court order or when the child is determined |
| 10 | | to be at imminent risk of harm. |
| 11 | | (11) The right to be notified in a timely and complete |
| 12 | | manner of all court hearings, including notice of the date |
| 13 | | and time of the court hearing, the name of the judge or |
| 14 | | hearing officer hearing the case, the location of the |
| 15 | | hearing, and the court docket number of the case; and the |
| 16 | | right to intervene in court proceedings or to seek |
| 17 | | mandamus under the Juvenile Court Act of 1987. |
| 18 | | (12) The right to be considered as a placement option |
| 19 | | when a foster child who was formerly placed with the |
| 20 | | foster parent is to be re-entered into foster care, if |
| 21 | | that placement is consistent with the best interest of the |
| 22 | | child and other children in the foster parent's home. |
| 23 | | (13) The right to have timely access to the child |
| 24 | | placement agency's existing appeals process and the right |
| 25 | | to be free from acts of harassment and retaliation by any |
| 26 | | other party when exercising the right to appeal. |
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| 1 | | (14) The right to be informed of the Foster Parent |
| 2 | | Hotline established under Section 35.6 of the Children and |
| 3 | | Family Services Act and all of the rights accorded to |
| 4 | | foster parents concerning reports of misconduct by |
| 5 | | Department employees, service providers, or contractors, |
| 6 | | confidential handling of those reports, and investigation |
| 7 | | by the Inspector General appointed under Section 35.5 of |
| 8 | | the Children and Family Services Act. |
| 9 | | (15) (Blank.) The right to timely training necessary |
| 10 | | to meet the hair care needs of the children placed in the |
| 11 | | foster parent's care. |
| 12 | | (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; |
| 13 | | 104-417, eff. 8-15-25.) |
| 14 | | Section 10. The Adoption Act is amended by changing |
| 15 | | Section 18.4 as follows: |
| 16 | | (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4) |
| 17 | | Sec. 18.4. Information provided to adoptive parents. (a) |
| 18 | | The agency, Department of Children and Family Services, Court |
| 19 | | Supportive Services, Juvenile Division of the Circuit Court, |
| 20 | | or the Probation Officers of the Circuit Court involved in the |
| 21 | | adoption proceedings shall give in writing the following |
| 22 | | non-identifying information, if known, to the adoptive parents |
| 23 | | not later than the date of placement with the petitioning |
| 24 | | adoptive parents: (i) age of biological parents; (ii) their |
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| 1 | | race, religion and ethnic background; (iii) general physical |
| 2 | | appearance of biological parents; (iv) their education, |
| 3 | | occupation, hobbies, interests and talents; (v) existence of |
| 4 | | any other children born to the biological parents; (vi) |
| 5 | | information about biological grandparents; reason for |
| 6 | | emigrating into the United States, if applicable, and country |
| 7 | | of origin; (vii) relationship between biological parents; |
| 8 | | (viii) detailed medical and mental health histories of the |
| 9 | | child, the biological parents, and their immediate relatives; |
| 10 | | (ix) the actual date and place of birth of the adopted person; |
| 11 | | and (x) the reason or reasons the birth parent or parents |
| 12 | | stated for placing the child for adoption, how and why the |
| 13 | | adoptive parent or parents were selected and who selected the |
| 14 | | adoptive parent or parents, and whether the birth parent or |
| 15 | | parents requested or agreed to post-adoption contact with the |
| 16 | | child at the time of placement, and, if so, the frequency and |
| 17 | | type of contact; (xi) and whether the child was placed in |
| 18 | | foster care before adoption, and if so, available information |
| 19 | | about significant developmental milestones observed or |
| 20 | | documented that occurred while the child was placed under the |
| 21 | | custody and guardianship of the Department. This information |
| 22 | | may include, but is not limited to, the child's first steps, |
| 23 | | first words, toilet training, and other notable developmental |
| 24 | | progress. However, no information provided under this |
| 25 | | subsection shall disclose the name or last known address of |
| 26 | | the biological parents, grandparents, the siblings of the |
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| 1 | | biological parents, the adopted person, or any other relative |
| 2 | | of the adopted person. Disclosure under this subsection is |
| 3 | | subject to applicable State or federal confidentiality laws. |
| 4 | | On or before January 1, 2027, the Department of Children and |
| 5 | | Family Services shall adopt any rules necessary to implement |
| 6 | | the changes made to this subsection by this amendatory Act of |
| 7 | | the 104th General Assembly. |
| 8 | | (b) Any adoptee 18 years of age or over shall be given the |
| 9 | | information in subsection (a) upon request. |
| 10 | | (c) The Illinois Adoption Registry shall release any |
| 11 | | non-identifying information listed in (a) of this Section that |
| 12 | | appears on the certified copy of the original birth |
| 13 | | certificate or the Certificate of Adoption to an adopted |
| 14 | | person, adoptive parent, or legal guardian who is a registrant |
| 15 | | of the Illinois Adoption Registry. |
| 16 | | (d) The Illinois Adoption Registry shall release the |
| 17 | | actual date and place of birth of an adopted person who is 21 |
| 18 | | years of age or over to the birth parent if the birth parent is |
| 19 | | a registrant of the Illinois Adoption Registry and has |
| 20 | | completed a Medical Information Exchange Authorization. |
| 21 | | (e) The Illinois Adoption Registry shall release |
| 22 | | information regarding the date the adoption was finalized and |
| 23 | | the county in which the adoption was finalized to a certified |
| 24 | | confidential intermediary upon submission of a court order. |
| 25 | | (f) In cases where the Illinois Adoption Registry |
| 26 | | possesses information indicating that an adopted person who is |
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| 1 | | 21 years of age or over was adopted in a state other than |
| 2 | | Illinois or a country other than the United States, the |
| 3 | | Illinois Adoption Registry shall release the name of the state |
| 4 | | or country where the adoption was finalized and, if available, |
| 5 | | the agency involved in the adoption to a registrant of the |
| 6 | | Illinois Adoption Registry, provided the registrant is not the |
| 7 | | subject of a Denial of Information Exchange and the registrant |
| 8 | | has completed a Medical Information Exchange Authorization. |
| 9 | | (g) Any of the above available information for any |
| 10 | | adoption proceedings completed before the effective date of |
| 11 | | this Act shall be supplied to the adoptive parents or an |
| 12 | | adoptee 18 years of age or over upon request. |
| 13 | | (h) The agency, Department of Children and Family |
| 14 | | Services, Court Supportive Services, Juvenile Division of the |
| 15 | | Circuit Court, the Probation Officers of the Circuit Court and |
| 16 | | any other governmental bodies having any of the above |
| 17 | | information shall retain the file until the adoptee would have |
| 18 | | reached the age of 99 years. |
| 19 | | (Source: P.A. 99-832, eff. 1-1-17.) |