103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5669

 

Introduced , by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/46 new
750 ILCS 50/5  from Ch. 40, par. 1507
750 ILCS 50/9  from Ch. 40, par. 1511

    Provides that the amendatory Act may be referred to as the Reuniting Family Initiative Act. Amends the Children and Family Services Act. Creates the Family Advocacy Initiating Recovery (F.A.I.R.) Pilot Program within the Department of Children and Family Services. Provides that the F.A.I.R. pilot shall operate for a 2-year period and that the Department shall partner with peer-led organizations to assess the Department's performance and management of child placement and parental termination cases that involve a parent with a substance use disorder. Provides that the purpose of the F.A.I.R. pilot is to: (i) create a system of continuing safe care for mothers and families involved in the Department's parental termination and child placement case process in order to resolve decades-old family reunification failures by the Department; and (ii) ensure transparency between the Department and those peer-led organizations advocating on behalf of mothers and families. Contains provisions concerning the development of guidelines and best practices on how to create a sustainable pathway to family reunification in child placement cases; family needs assessments; reporting requirements; and other matters. Amends the Adoption Act. Provides that a petition to adopt a child may include an adoption contact agreement under which a petitioner may request an agreement for contact between a child and the child's birth parent or parents. Provides that the adoption contact agreement may include provisions for contact, visitation, or the exchange of information, and the grounds, if any, on which the adoptive parent or parents may decline to permit visits or cease providing contact or information. Provides that if the child is 12 years old or older, the court may not order an adoption contact agreement unless the child consents to all terms of the agreement. Provides that in DCFS cases a consent to adopt or surrender a child is not valid unless the legal mother has received pre-consent counseling or refused to participate in pre-consent counseling.


LRB103 39672 KTG 70066 b

 

 

A BILL FOR

 

HB5669LRB103 39672 KTG 70066 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Reuniting
5Family Initiative Act.
 
6    Section 5. Purpose. The purpose of this Act is to:
7        (1) Trauma prevention. Prevent unnecessary harm to
8    children stemming from the removal or separation from
9    their families and homes exacerbated by failed family
10    reunification at the hand of the Department of Children
11    and Family Services.
12        (2) Security net. Ensure family reunification is at
13    the forefront of the Department of Children and Family
14    Services' case termination processes.
15        (3) Safeguards. Provide family reunification
16    precautionary measures for mothers separated from their
17    children due to a substance use disorder or incarceration.
18        (4) Anti-punitive. Protect mothers against
19    penalization for addiction and compulsive behavior
20    resulting from the challenges of a substance use disorder.
21        (5) Reform. Present necessary changes to the
22    Department's Recovery Matrix Rubric relating to the
23    substantial progress and timelines of recovering mothers

 

 

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1    needed to successfully reunite with their removed
2    children.
3        (6) Equal access. Require the Department of Children
4    and Family Services to make readily available the Recovery
5    Matrix Rubric of involved mothers to independent agencies
6    and peer-led organizations advocating for family
7    reunification on behalf of recovering mothers.
8        (7) Post-adoption relationships. Create a limited
9    post-adoption contact option for families who face the
10    permanent loss of custody of their children through
11    adoption due either to involuntary action (the termination
12    of parental rights by court order) or voluntary action
13    (the willful surrender of legal custody of the child) by
14    the family.
15        (8) Service planning. Create an advocacy pilot program
16    that promotes continued safe and productive care planning
17    geared towards family reunification by utilizing peer-led
18    organizations to provide child welfare services to
19    separated families (biological mothers, biological
20    parents, or legal guardians and children) independent of
21    the Department of Children and Family Services.
22        (9) Healthy conditions. Enhance family stability
23    within affected families through evaluations and
24    recommendations made to the Department of Children and
25    Family Services by independent non-profit agencies or
26    peer-led organizations.

 

 

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1        (10) Integrity. Afford transparency to families
2    involved in case termination processes by the Department
3    of Children and Family Services, while also ensuring
4    transparency between the Department of Children and Family
5    Services and the independent agencies or peer-led
6    organizations advocating for family reunification on
7    behalf of involved families.
 
8    Section 10. The Children and Family Services Act is
9amended by adding Section 46 as follows:
 
10    (20 ILCS 505/46 new)
11    Sec. 46. Family Advocacy Initiating Recovery (F.A.I.R.)
12Pilot Program.
13    (a) Definitions. As used in this Section:
14    "Department" or "DCFS" means the Department of Children
15and Family Services.
16    "Infant" means a person in the early stage of development
17and yet not of full age and who for whatever reason has become
18involved in a DCFS parental termination or adoption case.
19    "Parent" means one or both biological parents, the
20biological mother, or the biological father, separated from
21her, his, or their biological underage child due to the
22Department of Children and Family Services seeking placement
23under Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court
24Act of 1987 or the termination of parental rights under

 

 

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1Section 2-29 of the Juvenile Court Act of 1987.
2    "Underage child" means a child under 18 years old who for
3whatever reason has become involved in a DCFS parental
4termination or adoption case.
5    "Legal guardian" means a person who has legal custody of
6an underage child with the authority assigned by a court to
7make decisions concerning the underage child's protection,
8education, care, discipline, and any other matters related to
9the child's care and custody.
10    "Family" means the biological parent or parents or the
11legal guardian of an underage child who is involved in a DCFS
12parental termination or adoption case. "Family" also means the
13dynamic bond between the underage child and family.
14    "Home" means a safe dwelling for an underage child, a
15mother, parents, or a legal guardian where the health dynamic
16of the parent-child bond is cultivated.
17    "Safety" means the absence or reduction of threats of
18severe harm to an underage child in the presence and under the
19care of sufficient parental protective capacity.
20    "Removed" means a physical, psychological, and social
21separation of an underage child from the family and home by the
22Department. "Removed" also means being temporarily or
23permanently placed in the DCFS foster care or adoption system.
24    "Service plan" means a written action plan issued on
25families by the Department with set expectations, conditions,
26and timelines required for successful case termination.

 

 

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1    "Independent" means to operate without the influence of or
2under the ruling or control of the Department.
3    "Peer-led organization" means an entity whose chief
4executive officer or executive director, chief operating
5officer, or any other individual responsible for day-to-day
6services publicly identify as individuals with lived
7experience resulting from being system-justice involved and
8the entity, program, or services operate as an alternative to
9traditional institutions.
10    "System-justice involved" means to be legally, socially,
11and economically, or familial affected in a negative manner by
12the separation or removal of families through efforts of the
13Department or to be legally, socially, and economically, or
14familial affected by a substance use disorder and have an
15underage child removed or separated from the home by the
16Department.
17    "Advocacy" means the act of speaking in favor of,
18recommending, arguing for a cause, supporting, or defending,
19or pleading on behalf of a mother by a peer-led organization in
20all stages of a DCFS parental termination or child placement
21case.
22    "Successful" means the achievement of desired visions and
23planned goals of case termination ending in family
24reunification.
25    "Case" means a set of circumstances or conditions that are
26part of a situation relating to the relationship between the

 

 

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1family and an underage child requiring investigation or action
2by the Department.
3    "Termination" means to bring to a close a case either
4through family reunification or adoption or the foster care
5system.
6    "Placement means" to commence a case by the Department
7against families.
8    "Reunification" means to return an underage child to the
9family or home from which the underage child was removed.
10    "Family reunification" means a successful case termination
11with the objective of reuniting an underage child with the
12family back home.
13    "Adoption" means the act or process whereby a person
14legally assumes the parenting of another, usually a child
15under the legal age of adulthood.
16    "Contact agreement" means a legal binder mandating the
17adoptive parents to provide the family with post-adoption
18contact with the underage child through protective measures.
19    "Post-adoption contact" means ongoing interaction between
20the family and underage child through frequent visits
21(in-person and video visits), and ongoing communication
22(telephone and video calls, text and written messages, and
23emails), as well as the exchange of information between the
24family and adoptive parent regarding the physical,
25psychological, social, and moral well-being and health of the
26underage child.

 

 

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1    "Protective measures" means calculated steps taken with
2all precautionary actions, procedures, or installations
3conceived or undertaken to guard or defend from harm to
4underage children, family, home, and everyone else involved in
5family reunification and adoption processes.
6    "Prospective or adoptive parent" means a person other than
7the biological parent who becomes the parent of an underage
8child through an adoption process.
9    "Foster care system" means a temporary arrangement in
10which trained caregivers, including kinship or relative
11caregivers, provide for the care of an underage child when the
12biological parent or parents are unable to care for the child.
13    "Addiction" means an illness or disease characterized by
14intense cravings of something, loss of control over its use,
15and continuing involvement with it despite adverse
16consequences usually resulting from unresolved trauma, mental
17health struggles, or genetic predisposition.
18    "Substance" means alcohol, cannabis, or any other illegal
19drug or substance prohibited under the Illinois Controlled
20Substances Act.
21    "Substance use disorder" has the same meaning ascribed to
22that term in the Substance Use Disorder Act.
23    "Recovery" means (i) in the case of mothers suffering from
24a substance use disorder, a lifelong and cyclical process,
25with relapse often part of that process; and (ii) in the case
26of mothers in labor, the process of physical and psychological

 

 

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1healing from complications resulting after giving birth.
2    "Recovery Matrix Rubric" means a 9 to 12 month system used
3by the Department in all child placement cases where a
4substance use disorder has been determined by allegations or
5when indicated on the substance use screen CFS 440-5, which
6tracks the baseline progresses of participant parents from the
7lack of to the substantial progress in substance use disorder
8treatment and visitation and parenting responsibilities.
9    "F.A.I.R. pilot" means the Family Advocacy Initiating
10Recovery Pilot Program, which is a peer-led social services
11pilot program for mothers and families involved in DCFS
12placement cases involving underage children.
13    "Transparency" means clear communication without
14maliciously withholding facts relating to mothers and families
15involved with the Department and the circumstances,
16conditions, set expectations and timelines of DCFS child
17placement and parental termination cases.
18    "Assessment" means to evaluate and outline the situation
19and long-term needs of mothers and families involved in DCFS
20child placement and parental termination cases.
21    (b) Establishment of program. The Family Advocacy
22Initiating Recovery (F.A.I.R.) Pilot Program is created within
23the Department as an independent peer-led family reunification
24services program. The F.A.I.R. pilot shall operate for a
252-year period beginning on the effective date of this
26amendatory Act of the 103rd General Assembly or as soon as

 

 

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1practicable. The Department shall partner with peer-led
2organizations to assess the Department's performance and
3management of child placement and parental termination cases
4that involve a parent with a substance use disorder. One
5peer-led organization shall lead efforts to form a hub of
6like-minded peer-led organizations and lead initiatives to
7successfully execute perimeters of the pilot program, with the
8mandated obligation of frequently reporting findings and
9progress to the appropriate legislative committees in both
10chambers of the General Assembly. The purpose of the F.A.I.R.
11pilot is to:
12        (1) create a system of continuing safe care for
13    mothers and families involved in the Department's parental
14    termination and child placement case process in order to
15    resolve decades-old family reunification failures by the
16    Department; and
17        (2) ensure transparency between the Department and
18    those peer-led organizations advocating on behalf of
19    mothers and families.
20    (c) Under the F.A.I.R. pilot, the Department shall provide
21peer-led organizations with access to review:
22        (1) the Department's data on the demographics of
23    mothers who tested for a substance at the time of labor and
24    delivery;
25        (2) the rates of child placement and parental
26    termination cases resulting in family reunification,

 

 

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1    adoption, or foster care;
2        (3) the Department's child placement and parental
3    termination case process for affected families with later
4    changes of termination goals and objectives; and
5        (4) data on the ages of underage children transferred
6    to the foster care system due to the mothers' substance
7    use disorder or incarceration.
8    (d) As to each child placement case reviewed under the
9F.A.I.R. pilot, the Department shall provide the peer-led
10organizations with:
11        (1) The Department's realistic reasons for removing
12    the child from the child's mother, family, or home; as
13    well as full disclosure on all progress made (partial and
14    substantial) or any lack of progress made by the mother or
15    family involved in the child placement case.
16        (2) The Department's realistic reasons for reuniting
17    the child with the child's mother or family; as well as
18    full disclosure on all progress made (partial and
19    substantial) or any lack of progress made by the mother or
20    family involved in the child placement case;
21    The Department shall collaborate with the peer-led
22organizations on the development of Department guidelines and
23best practices on how to create a sustainable pathway to
24family reunification in child placement cases.
25    (e) To ensure Department transparency and accountability,
26the Department and the peer-led organizations shall utilize

 

 

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1experts in addiction and system-justice involvement to create
2adequate service plans for those children and families
3involved in child placement or parental termination cases
4reviewed under the F.A.I.R. pilot.
5    (f) Peer-led organizations participating in the F.A.I.R.
6pilot shall be permitted to conduct family needs assessments
7on pending child placement and parental termination cases to
8ensure that mothers with a substance use disorder are given
9the opportunity to meet timelines, conditions, and
10expectations as set forth by the Department's Recovery Matrix
11Rubric and Service Plan.
12    (g) Parenting groups shall participate in the F.A.I.R.
13pilot to provide treatment and recovery services to a family
14experiencing the negative effects of substance use and
15addiction leading to the removal of an underage child from the
16home and a disruption in the child's dynamic bond with family.
17    (h) Under the F.A.I.R. pilot, the Department shall contact
18participating peer-led organizations whenever the Department
19opens a new child placement or parental termination case
20involving an allegation of child abuse or neglect due to a
21mother or other relative having a substance use disorder or a
22pending criminal case that is likely to led to incarceration.
23The peer-led organizations shall be contacted by the
24Department within 24 hours after the Department opens the case
25but no later than the commencement date of a Department
26investigation into an allegation of child abuse or neglect.

 

 

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1    (i) Reporting requirements. Beginning 3 months after the
2start of the F.A.I.R. pilot, and every 3 months thereafter
3until the pilot ends, the Department and participating
4peer-led organizations shall jointly submit to the General
5Assembly a detailed report of their collaborative and
6individual findings on:
7        (1) racial disproportionalities and disparities in
8    child placement and parental termination cases reviewed
9    under the F.A.I.R. pilot;
10        (2) the Department's success rate in reuniting
11    children with their families; and
12        (3) recommendations on how to help families in crisis
13    avert child removal or the termination of parental rights.
14    The detailed report shall include assessment reports on
15the success of the F.A.I.R. pilot in implementing its stated
16goals.
 
17    Section 15. The Adoption Act is amended by changing
18Sections 5 and 9 as follows:
 
19    (750 ILCS 50/5)  (from Ch. 40, par. 1507)
20    Sec. 5. Petition, contents, verification, filing.
21    A. A proceeding to adopt a child, other than a related
22child, shall be commenced by the filing of a petition within 30
23days after such child has become available for adoption,
24provided that such petition may be filed at a later date by

 

 

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1leave of court upon a showing that the failure to file such
2petition within such 30 day period was not due to the
3petitioners' culpable negligence or their wilful disregard of
4the provisions of this Section. In the case of a child born
5outside the United States or a territory thereof, if the
6prospective adoptive parents of such child have been appointed
7guardians of such child by a court of competent jurisdiction
8in a country other than the United States or a territory
9thereof, such parents shall file a petition as provided in
10this Section within 30 days after entry of the child into the
11United States. A petition to adopt an adult or a related child
12may be filed at any time. A petition for adoption may include
13more than one person sought to be adopted.
14    B. A petition to adopt a child other than a related child
15shall state:
16        (a) The full names of the petitioners and, if minors,
17    their respective ages;
18        (b) The place of residence of the petitioners and the
19    length of residence of each in the State of Illinois
20    immediately preceding the filing of the petition;
21        (c) When the petitioners acquired, or intend to
22    acquire, custody of the child, and the name and address of
23    the persons or agency from whom the child was or will be
24    received;
25        (d) The name, the place and date of birth if known, and
26    the sex of the child sought to be adopted;

 

 

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1        (e) The relationship, if any, of the child to each
2    petitioner;
3        (f) The names, if known, and the place of residence,
4    if known, of the parents; and whether such parents are
5    minors, or otherwise under any legal disability. The names
6    and addresses of the parents shall be omitted and they
7    shall not be made parties defendant to the petition if (1)
8    the rights of the parents have been terminated by a court
9    of competent jurisdiction, or (2) the child has been
10    surrendered to an agency, or (3) the parent or parents
11    have been served with the notice provided in Section 12a
12    of this Act and said parent or parents have filed a
13    disclaimer of paternity as therein provided or have failed
14    to file such declaration of paternity or a request for
15    notice as provided in said Section, or (4) the parent is a
16    putative father or legal father of the child who has
17    waived his parental rights by signing a waiver as provided
18    in subsection S of Section 10;
19        (g) If it is alleged that the child has no living
20    parent, then the name of the guardian, if any, of such
21    child and the court which appointed such guardian;
22        (h) If it is alleged that the child has no living
23    parent and that no guardian of such child is known to
24    petitioners, then the name of a near relative, if known,
25    shall be set forth, or an allegation that no near relative
26    is known and on due inquiry cannot be ascertained by

 

 

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1    petitioners;
2        (i) The name to be given the child or adult;
3        (j) That the person or agency, having authority to
4    consent under Section 8 of this Act, has consented, or has
5    indicated willingness to consent, to the adoption of the
6    child by the petitioners, or that the person having
7    authority to consent is an unfit person and the ground
8    therefor, or that no consent is required under paragraph
9    (f) of Section 8 of this Act;
10        (k) Whatever orders, judgments or decrees have
11    heretofore been entered by any court affecting (1)
12    adoption or custody of the child, or (2) the adoptive,
13    custodial or parental rights of either petitioner,
14    including the prior denial of any petition for adoption
15    pertaining to such child, or to the petitioners, or either
16    of them.
17    C. A petition to adopt a related child shall include the
18information specified in sub-paragraphs (a), (b), (d), (e),
19(f), (i) and (k) of paragraph B and a petition to adopt an
20adult shall contain the information required by sub-paragraphs
21(a), (b) and (i) of paragraph B in addition to the name, place,
22date of birth and sex of such adult.
23    C-1. A petition to adopt a related child may seek to use an
24adoption contact agreement.
25        (a) Legislative findings and intent. The General
26    Assembly finds that allowing birth parents and their

 

 

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1    children to maintain contact under an adoption contact
2    agreement would serve to solve those problems stemming
3    from separated families and broken homes and to eradicate
4    the impact such problems have on underage children, the
5    family, and society. Fewer traumatic experiences translate
6    into less risk of violence and incarceration. Oftentimes
7    an underage child may experience racial, ethnic, or
8    cultural differences with adoptive parents that could be
9    alleviated by allowing the child to maintain some contact
10    and communication with his or her birth parents. An
11    adoption contact agreement would serve as a protective
12    measure for an underage child against alienation and later
13    in life abandonment issues. An adoption contact agreement
14    would also serve as a protective measure for a birth
15    parent who is recovering from a substance use disorder or
16    another addiction-related illness and cannot support,
17    nurture, or rear an underage child, but who desires to
18    maintain a supportive role in the child's life. It is the
19    intent of the General Assembly to not punish families
20    coping with substance use and other addiction-related
21    issues but rather to protect everyone involved while
22    maintaining the traditional roles of family and the
23    natural home.
24        (b) "Adoption contact agreement" means a legal
25    agreement between the petitioner and a child's birth
26    parent or parents that includes arrangements that allow

 

 

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1    contact between a child and the child's birth parent or
2    parents after the child's adoption has been completed.
3        (c) A petitioner may request an adoption contract
4    agreement for contact between a child and the child's
5    birth parent or parents. An adoption contact agreement may
6    include provisions for contact, visitation, or the
7    exchange of information, and the grounds, if any, on which
8    the adoptive parent or parents may decline to permit
9    visits or cease providing contact or information. An
10    adoption contact agreement may also include at least 2 or
11    more contact visits per month between the child and the
12    child's birth family. The adoption contact agreement shall
13    also provide the child with as much communication with the
14    birth parent or parents as is in the child's best
15    interests.
16        (d) The court shall include the adoption contact
17    agreement in the judgment of adoption if the court finds
18    the adoption contact agreement to be in the child's best
19    interests after considering the child's wishes and any
20    other relevant information.
21        (e) Upon the request of any signatory to the adoption
22    contact agreement, the court may void the agreement if it
23    is in the child's best interests.
24        (f) If the related child is 12 years old or older, the
25    court may not order an adoption contact agreement unless
26    the child consents to all terms of the adoption contact

 

 

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1    agreement.
2        (g) The court may use its contempt powers to enforce
3    an adoption contact agreement.
4        (h) The parties may negotiate amendments to an
5    adoption contact agreement at any time and may seek
6    judicial approval of the changes.
7        (i) Upon request of any signatory to the adoption
8    contact agreement, a court may order an evaluation of the
9    adoption contact agreement's effectiveness that may
10    include mental health examinations of the signatories and
11    child.
12    D. The petition shall be verified by the petitioners.
13    E. Upon the filing of the petition the petitioners shall
14furnish the Clerk of the Court in which the petition is pending
15such information not contained in such petition as shall be
16necessary to enable the Clerk of such Court to complete a
17certificate of adoption as hereinafter provided.
18    F. A petition for standby adoption shall conform to the
19requirements of this Act with respect to petition contents,
20verification, and filing. The petition for standby adoption
21shall also state the facts concerning the consent of the
22child's parent to the standby adoption. A petition for standby
23adoption shall include the information in paragraph B if the
24petitioner seeks to adopt a child other than a related child. A
25petition for standby adoption shall include the information in
26paragraph C if the petitioner seeks to adopt a related child or

 

 

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1adult.
2    G. A petition for adoption to re-adopt a child after an
3intercountry adoption shall include the information specified
4in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of
5paragraph B.
6(Source: P.A. 99-49, eff. 7-15-15.)
 
7    (750 ILCS 50/9)  (from Ch. 40, par. 1511)
8    Sec. 9. Time for signing a waiver, consent, or surrender.
9    A. A consent or a surrender signed not less than 72 hours
10after the birth of the child is irrevocable except as provided
11in Section 11 of this Act.
12    B. No consent or surrender shall be signed within the 72
13hour period immediately following the birth of the child. For
14DCFS cases, a consent or surrender from a legal mother is not
15valid unless the legal mother has received pre-consent
16counseling or refused to participate in pre-consent
17counseling. The Department of Children and Family Services
18shall make pre-consent counseling available to a legal mother
19by delegating this responsibility to an entity outside the
20Department. After the delegation, the Department may not
21interfere with the services provided in the counseling. The
22cost of pre-consent counseling shall be borne by the
23petitioner or petitioners. The Department shall by rule
24provide a formula for the petitioner or petitioners to be
25assessed the cost of pre-consent counseling based on the

 

 

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1ability of the petitioner or petitioners to pay part of this
2expense. If the petitioner or petitioners do not have the
3ability to pay for these services, the Department shall pay
4them.
5    C. A consent or a surrender may be signed by the father
6prior to the birth of the child. Such consent or surrender
7shall be revoked if, within 72 hours after the birth of the
8child, the father who gave such consent or surrender, notifies
9in writing the person, agency or court representative who
10acknowledged the surrender or consent or any individual
11representing or connected with such person, agency or court
12representative of the revocation of the consent or surrender.
13    D. Any consent or surrender signed in accordance with
14paragraph C above which is not revoked within 72 hours after
15the birth of the child is irrevocable except as provided in
16Section 11 of this Act.
17    E. Consent may be given to a standby adoption by a parent
18whose consent is required pursuant to Section 8 of this Act to
19become effective when the consenting parent of the child dies
20or that parent requests that the final judgment of adoption be
21entered.
22    F. A waiver as provided in subsection S of Section 10 of
23this Act may be signed by a putative father or legal father of
24the child at any time prior to or after the birth of the child.
25A waiver is irrevocable except as provided in Section 11 of
26this Act.

 

 

HB5669- 21 -LRB103 39672 KTG 70066 b

1(Source: P.A. 97-493, eff. 8-22-11.)