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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 12 and adding Section 12.5 as follows:
 
6    (225 ILCS 10/12)  (from Ch. 23, par. 2222)
7    Sec. 12. Advertisements.
8    (a) In this Section: Section,
9        "Advertise" "advertise" means communication: (i) by
10    any public medium originating or distributed in this State,
11    including, but not limited to, newspapers, periodicals,
12    telephone book listings, outdoor advertising signs, radio,
13    or television; or (ii) by any computerized communication
14    system, including by electronic mail, Internet site,
15    Internet account, or any similar medium of communication
16    provided via the Internet.
17        "Internet account" means an account created within a
18    bounded system established by an Internet-based service
19    that requires a user to input or store access information
20    in an electronic device in order to view, create, use, or
21    edit the user's account information, profile, display,
22    communications, or stored data.
23    (b) A child care facility or child welfare agency licensed

 

 

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1or operating under a permit issued by the Department may
2publish advertisements for the services that the facility is
3specifically licensed or issued a permit under this Act to
4provide. A person, group of persons, agency, association,
5organization, corporation, institution, center, or group who
6advertises or causes to be published any advertisement
7offering, soliciting, or promising to perform adoption
8services as defined in Section 2.24 of this Act is guilty of a
9Class A misdemeanor and shall be subject to a fine not to
10exceed $10,000 or 9 months imprisonment for each advertisement,
11unless that person, group of persons, agency, association,
12organization, corporation, institution, center, or group is
13(i) licensed or operating under a permit issued by the
14Department as a child care facility or child welfare agency,
15(ii) a biological parent or a prospective adoptive parent
16acting on his or her own behalf, or (iii) a licensed attorney
17advertising his or her availability to provide legal services
18relating to adoption, as permitted by law.
19    (c) Every advertisement published after the effective date
20of this amendatory Act of the 94th General Assembly shall
21include the Department-issued license number of the facility or
22agency.
23    (d) Any licensed child welfare agency providing adoption
24services that, after the effective date of this amendatory Act
25of the 94th General Assembly, causes to be published an
26advertisement containing reckless or intentional

 

 

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1misrepresentations concerning adoption services or
2circumstances material to the placement of a child for adoption
3is guilty of a Class A misdemeanor and is subject to a fine not
4to exceed $10,000 or 9 months imprisonment for each
5advertisement.
6    (e) An out-of-state agency that is not licensed in Illinois
7and that has a written interagency agreement with one or more
8Illinois licensed child welfare agencies may advertise under
9this Section, provided that (i) the out-of-state agency must be
10officially recognized by the United States Internal Revenue
11Service as a tax-exempt organization under 501(c)(3) of the
12Internal Revenue Code of 1986 (or any successor provision of
13federal tax law), (ii) the out-of-state agency provides only
14international adoption services and is covered by the
15Intercountry Adoption Act of 2000, (iii) the out-of-state
16agency displays, in the advertisement, the license number of at
17least one of the Illinois licensed child welfare agencies with
18which it has a written agreement, and (iv) the advertisements
19pertain only to international adoption services. Subsection
20(d) of this Section shall apply to any out-of-state agencies
21described in this subsection (e).
22    (f) An advertiser, publisher, or broadcaster, including,
23but not limited to, newspapers, periodicals, telephone book
24publishers, outdoor advertising signs, radio stations, or
25television stations, who knowingly or recklessly advertises or
26publishes any advertisement offering, soliciting, or promising

 

 

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1to perform adoption services, as defined in Section 2.24 of
2this Act, on behalf of a person, group of persons, agency,
3association, organization, corporation, institution, center,
4or group, not authorized to advertise under subsection (b) or
5subsection (e) of this Section, is guilty of a Class A
6misdemeanor and is subject to a fine not to exceed $10,000 or 9
7months imprisonment for each advertisement.
8    (g) The Department shall maintain a website listing child
9welfare agencies licensed by the Department that provide
10adoption services and other general information for biological
11parents and adoptive parents. The website shall include, but
12not be limited to, agency addresses, phone numbers, e-mail
13addresses, website addresses, annual reports as referenced in
14Section 7.6 of this Act, agency license numbers, the Birth
15Parent Bill of Rights, the Adoptive Parents Bill of Rights, and
16the Department's complaint registry established under Section
179.1a of this Act. The Department shall adopt any rules
18necessary to implement this Section.
19(Source: P.A. 94-586, eff. 8-15-05.)
 
20    (225 ILCS 10/12.5 new)
21    Sec. 12.5. Unregulated placement with a non-relative.
22    (a) Any person who sends a child out of this State, brings
23a child into this State, or causes a child to be sent out of
24this State or brought into this State for the purpose of
25permanently transferring physical custody of the child to a

 

 

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1person who is not related, as defined in Section 2.04 of this
2Act, to the child is guilty of a Class A misdemeanor.
3    (b) This Section does not apply to the following:
4        (1) a placement of a child that is authorized under
5    this Act, the Juvenile Court Act of 1987, the Adoption Act,
6    the Interstate Compact on the Placement of Children, or the
7    Intercountry Adoption Act of 2000.
8        (2) a placement of a child that is approved by a court
9    of competent jurisdiction of the sending state or receiving
10    state.