SB0068 95TH GENERAL ASSEMBLY

LRB095 03854 AJO 23885 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0068

Introduced 1/31/2007, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

750 ILCS 50/6	from Ch. 40, par. 1508
750 ILCS 50/18.4a	from Ch. 40, par. 1522.4a
750 ILCS 50/18.4b new
750 ILCS 50/18.5	from Ch. 40, par. 1522.5
750 ILCS 50/18.8

Amends the Adoption Act. Provides that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry). Provides that all information in health summaries is confidential and is not to be used as evidence in any other proceeding. Effective immediately.

A BILL FOR

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 6, 18.4a, 18.5, and 18.8 and by adding Section 18.4b as follows:

(750 ILCS 50/6) (from Ch. 40, par. 1508)

Sec. 6. A. Investigation; all cases. Within 10 days after the filing of a petition for the adoption or standby adoption of a child other than a related child, the court shall appoint a child welfare agency approved by the Department of Children and Family Services, or a person deemed competent by the court, or in Cook County the Court Services Division of the Cook County Department of Public Aid, or the Department of Children and Family Services if the court determines that no child welfare agency is available or that the petitioner is financially unable to pay for the investigation, to investigate accurately, fully and promptly, the allegations contained in the petition; the character, reputation, health and general standing in the community of the petitioners; the religious faith of the petitioners and, if ascertainable, of the child sought to be adopted; and whether the petitioners are proper persons to adopt the child and whether the child is a proper subject of adoption. The investigation shall include a review of the individual health information summaries required by Section 18.4b. The investigation required under this Section shall include a fingerprint based criminal background check with a review of fingerprints by the Illinois State Police and Federal Bureau of Investigation. Each petitioner subject to this investigation, shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The criminal background check required by this Section shall include a listing of when, where and by whom the criminal background check was prepared. The criminal background check required by this Section shall not be more than two years old.

Neither a clerk of the circuit court nor a judge may require that a criminal background check or fingerprint review be filed with, or at the same time as, an initial petition for adoption.

B. Investigation; foreign-born child. In the case of a child born outside the United States or a territory thereof, in addition to the investigation required under subsection (A) of this Section, a post-placement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969, the Interstate Compact on the Placement of Children, and regulations of the foreign placing agency and the supervising agency.

The requirements of a post-placement investigation shall be deemed to have been satisfied if a valid final order or judgment of adoption has been entered by a court of competent jurisdiction in a country other than the United States or a territory thereof with respect to such child and the petitioners.

C. Report of investigation. The court shall determine whether the costs of the investigation shall be charged to the petitioners. The information obtained as a result of such investigation shall be presented to the court in a written report. The results of the criminal background check required under subsection (A) shall be provided to the court for its review. The court may, in its discretion, weigh the significance of the results of the criminal background check against the entirety of the background of the petitioners. The Court, in its discretion, may accept the report of the investigation previously made by a licensed child welfare agency, if made within one year prior to the entry of the judgment. Such report shall be treated as confidential and withheld from inspection unless findings adverse to the petitioners or to the child sought to be adopted are contained therein, and in that event the court shall inform the petitioners of the relevant portions pertaining to the adverse findings. In no event shall any facts set forth in the report be considered at the hearing of the proceeding, unless established by competent evidence. The report shall be filed with the record of the proceeding. If the file relating to the proceeding is not impounded, the report shall be impounded by the clerk of the court and shall be made available for inspection only upon order of the court.

D. Related adoption. Such investigation shall not be made when the petition seeks to adopt a related child or an adult unless the court, in its discretion, shall so order. In such an event the court may appoint a person deemed competent by the court.

(Source: P.A. 93-418, eff. 1-1-04.)

(750 ILCS 50/18.4a) (from Ch. 40, par. 1522.4a)

Sec. 18.4a. Medical and mental health histories.

(a) Notwithstanding any other provision of law to the contrary, to the extent currently in possession of the agency, the medical and mental health histories of a child legally freed for adoption and of the birth parents, with information identifying the birth parents eliminated, shall be provided by an agency to the child's prospective adoptive parent and shall be provided upon request to an adoptive parent when a child has been adopted. The medical and mental health histories shall include all the following available information:

(1) Conditions or diseases believed to be hereditary.

(2) Drugs or medications taken by the child's birth mother during pregnancy.

(3) Psychological and psychiatric information.

(4) Any other information that may be a factor influencing the child's present or future health.

(b) The Department of Children and Family Services may promulgate rules and regulations governing the release of medical histories under this Section and the preparation of the individual health information summaries required by Section 18.4b.

(Source: P.A. 91-417, eff. 1-1-00.)

(750 ILCS 50/18.4b new)

Sec. 18.4b. Individual health information summaries. In any adoption action, other than when the petition seeks to adopt a related child or an adult, individual health information summaries for the child, birth mother, and birth father shall be filed except for good cause shown with the circuit court clerk within 14 days after the petition for adoption is filed. An individual health information summary shall be based upon all significant medical, dental, and mental health information available about the person but shall not contain any information identifying either birth parent. Any individual health information summary in the court file shall be confidential. Upon a motion by an adoptive parent of an adopted child or an adopted child who is an adult, a court may order the release of a summary and set conditions on the release.

(a) The child's individual health information summary shall include:

(1) his or her general physical characteristics and significant health information about the child concerning any disease, disability, dental condition, chronic or acute illness, allergy, hospitalization, or history of alcohol or other drug abuse;

(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;

(3) conditions or diseases believed to be hereditary; and

(4) any other information that may be a factor influencing the child's present or future physical, dental, or mental health.

(b) The birth mother's individual health information summary shall include:

(1) her age, general physical characteristics, and significant health information about her concerning any disease, disability, dental condition, chronic or acute illness, allergy, or history of alcohol or other drug abuse;

(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;

(3) conditions or diseases believed to be hereditary;

(4) any other information that may be a factor influencing the child's present or future physical, dental, or mental health; and

(5) drugs or medications taken by her during the child's pregnancy.

(c) The birth father's individual health information summary shall include:

(1) his age, general physical characteristics, and significant health information about him concerning any disease, disability, dental condition, chronic or acute illness, allergy, or history of alcohol or other drug abuse;

(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;

(3) conditions or diseases believed to be hereditary; and

(4) any other information that may be a factor influencing the child's present or future physical, dental, or mental health.

(750 ILCS 50/18.5) (from Ch. 40, par. 1522.5)

Sec. 18.5. Liability. No liability shall attach to the State, any agency thereof, any licensed agency, any judge, any officer or employee of the court, or any party or employee thereof involved in the surrender of a child for adoption or in an adoption proceeding for acts or efforts made or information provided within the scope of Sections 18.05 thru 18.5, inclusive, of this Act and under its provisions, except for subsection (f) of Section 18.1.

(Source: P.A. 91-417, eff. 1-1-00.)

(750 ILCS 50/18.8)

Sec. 18.8. Improper disclosure of identifying information.

(a) All information submitted to the Registry is confidential and gathered by the State solely for the purpose of facilitating the exchange of updated medical data and contact information between adopted and surrendered persons and other registered parties. Information exchanged through the Registry shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or commission.

(b) All information submitted to the court pursuant to Section 18-4b is confidential and gathered solely for the purpose of facilitating the disclosure of important health information about a child at the time of adoption or other relevant times for the benefit of the child and his or her adoptive parents. Information provided pursuant to Section 18.4b shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or commission.

(c) Disclosure of identifying information in violation of this Act is a Class A misdemeanor.

(Source: P.A. 91-417, eff. 1-1-00.)

Section 99. Effective date. This Act takes effect upon becoming law.