SB2198 99TH GENERAL ASSEMBLY

LRB099 15082 HEP 39292 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2198

Introduced 12/4/2015, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

225 ILCS 10/12	from Ch. 23, par. 2222
225 ILCS 10/12.5 new

Amends the Child Care Act of 1969. In the Section concerning advertisement of adoption services, provides that "advertise" includes communication by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet. Provides that "Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user's account information, profile, display, communications, or stored data. Provides that any person who sends a child out of this State, brings a child into this State, or causes a child to be sent out of this State or brought into this State for the purpose of permanently transferring physical custody of the child to a person who is not related to the child is guilty of a Class A misdemeanor. Provides exceptions for placements in accordance with court order or that are authorized under the Act or the Juvenile Court Act of 1987, the Adoption Act, the Interstate Compact on the Placement of Children, or the Intercountry Adoption Act of 2000.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by changing Section 12 and adding Section 12.5 as follows:

(225 ILCS 10/12) (from Ch. 23, par. 2222)

Sec. 12. Advertisements.

(a) In this Section: Section,

"Advertise" "advertise" means communication: (i) by any public medium originating or distributed in this State, including, but not limited to, newspapers, periodicals, telephone book listings, outdoor advertising signs, radio, or television; or (ii) by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet.

"Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user's account information, profile, display, communications, or stored data.

(b) A child care facility or child welfare agency licensed or operating under a permit issued by the Department may publish advertisements for the services that the facility is specifically licensed or issued a permit under this Act to provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement offering, soliciting, or promising to perform adoption services as defined in Section 2.24 of this Act is guilty of a Class A misdemeanor and shall be subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement, unless that person, group of persons, agency, association, organization, corporation, institution, center, or group is (i) licensed or operating under a permit issued by the Department as a child care facility or child welfare agency, (ii) a biological parent or a prospective adoptive parent acting on his or her own behalf, or (iii) a licensed attorney advertising his or her availability to provide legal services relating to adoption, as permitted by law.

(c) Every advertisement published after the effective date of this amendatory Act of the 94th General Assembly shall include the Department-issued license number of the facility or agency.

(d) Any licensed child welfare agency providing adoption services that, after the effective date of this amendatory Act of the 94th General Assembly, causes to be published an advertisement containing reckless or intentional misrepresentations concerning adoption services or circumstances material to the placement of a child for adoption is guilty of a Class A misdemeanor and is subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement.

(e) An out-of-state agency that is not licensed in Illinois and that has a written interagency agreement with one or more Illinois licensed child welfare agencies may advertise under this Section, provided that (i) the out-of-state agency must be officially recognized by the United States Internal Revenue Service as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law), (ii) the out-of-state agency provides only international adoption services and is covered by the Intercountry Adoption Act of 2000, (iii) the out-of-state agency displays, in the advertisement, the license number of at least one of the Illinois licensed child welfare agencies with which it has a written agreement, and (iv) the advertisements pertain only to international adoption services. Subsection (d) of this Section shall apply to any out-of-state agencies described in this subsection (e).

(f) An advertiser, publisher, or broadcaster, including, but not limited to, newspapers, periodicals, telephone book publishers, outdoor advertising signs, radio stations, or television stations, who knowingly or recklessly advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services, as defined in Section 2.24 of this Act, on behalf of a person, group of persons, agency, association, organization, corporation, institution, center, or group, not authorized to advertise under subsection (b) or subsection (e) of this Section, is guilty of a Class A misdemeanor and is subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement.

(g) The Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for biological parents and adoptive parents. The website shall include, but not be limited to, agency addresses, phone numbers, e-mail addresses, website addresses, annual reports as referenced in Section 7.6 of this Act, agency license numbers, the Birth Parent Bill of Rights, the Adoptive Parents Bill of Rights, and the Department's complaint registry established under Section 9.1a of this Act. The Department shall adopt any rules necessary to implement this Section.

(Source: P.A. 94-586, eff. 8-15-05.)

(225 ILCS 10/12.5 new)

Sec. 12.5. Unregulated placement with a non-relative.

(a) Any person who sends a child out of this State, brings a child into this State, or causes a child to be sent out of this State or brought into this State for the purpose of permanently transferring physical custody of the child to a person who is not related, as defined in Section 2.04 of this Act, to the child is guilty of a Class A misdemeanor.

(b) This Section does not apply to the following:

(1) a placement of a child that is authorized under this Act, the Juvenile Court Act of 1987, the Adoption Act, the Interstate Compact on the Placement of Children, or the Intercountry Adoption Act of 2000.

(2) a placement of a child that is approved by a court of competent jurisdiction of the sending state or receiving state.