103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1999

 

Introduced 2/9/2023, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Abandoned Newborn Infant Protection Act. Replaces all instances of "child-placing agency" or "child placing agency" with "child welfare agency". In provisions concerning the Department of Children and Family Services' State Central Registry of child welfare agencies willing to take legal custody of relinquished newborn infants, provides that within 3 business days after accepting a referral from the Department, the child welfare agency shall file a petition for custody and request that the agency be given the authority to place the infant in an adoptive home, foster home, child care facility, or other facility appropriate for the needs of the infant. Prohibits filing or appearance fees for the petitioner. Provides that any issued custody order shall grant the child welfare agency the authority to make medical and health-related decisions for the infant. Provides that any infant who receives emergency or medical care under the Act shall be deemed presumptively eligible for medicaid assistance under the Illinois Public Aid Code. Provides that any health care provider or child welfare agency that provides medical services to an infant under the Act shall send all bills related to those medical services directly to the Department of Healthcare and Family Services for reimbursement. Makes conforming changes to the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to submit for federal approval any waiver application or State Plan amendment as may be necessary to implement the presumptive eligibility provisions of the amendatory Act. Further amends the Abandoned Newborn Infant Protection Act by requiring a fire station or emergency medical facility that accepts a relinquished infant to inform the infant's parent of the name and location of the hospital to which the infant was transported if the parent returns to reclaim the infant within 30 days (rather than 72 hours) after relinquishing the infant. Amends the Immunization Data Registry Act, the Illinois Parentage Act of 2015, and the Adoption Act by replacing instances of "child-placing agency" or "child placing agency" with "child welfare agency".


LRB103 30669 KTG 57130 b

 

 

A BILL FOR

 

SB1999LRB103 30669 KTG 57130 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 5. The Illinois Public Aid Code is amended by
5adding Section 5-1.7 as follows:
 
6    (305 ILCS 5/5-1.7 new)
7    Sec. 5-1.7. Presumptive eligibility; abandoned infants.
8Notwithstanding any other provision of this Code, any newborn
9infant who is relinquished and receives emergency or medical
10care in accordance with the Abandoned Newborn Infant
11Protection Act shall be deemed presumptively eligible for
12medical assistance under this Article. The Department shall
13accept and process all claims for reimbursement submitted by a
14health care provider or child welfare agency that provides
15medical services to an infant in accordance with the Abandoned
16Newborn Infant Protection Act. The Department shall submit to
17the Centers for Medicare and Medicaid Services for federal
18approval any waiver application or State Plan amendment as may
19be necessary to implement the provisions of this Section. As
20used in this Section, "newborn infant" and "relinquished" have
21the meanings ascribed to those terms in the Abandoned Newborn
22Infant Protection Act.
 

 

 

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1    Section 10. The Abandoned Newborn Infant Protection Act is
2amended by changing Sections 5, 10, 20, 22, 35, 37, 40, 50, and
355 as follows:
 
4    (325 ILCS 2/5)
5    Sec. 5. Public policy. Illinois recognizes that newborn
6infants have been abandoned to the environment or to other
7circumstances that may be unsafe to the newborn infant. These
8circumstances have caused injury and death to newborn infants
9and give rise to potential civil or criminal liability to
10parents who may be under severe emotional distress. It is
11recognized that establishing an adoption plan is preferable to
12relinquishing a child using the procedures outlined in this
13Act, but to reduce the chance of injury to a newborn infant,
14this Act provides a safer alternative. This Act is intended to
15provide a mechanism for a newborn infant to be relinquished to
16a safe environment and for the parents of the infant to remain
17anonymous if they choose and to avoid civil or criminal
18liability for the act of relinquishing the infant. It is
19recognized that establishing an adoption plan is preferable to
20relinquishing a child using the procedures outlined in this
21Act, but to reduce the chance of injury to a newborn infant,
22this Act provides a safer alternative.
23    A public information campaign on this delicate issue shall
24be implemented to encourage parents considering abandonment of
25their newborn child to relinquish the child under the

 

 

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1procedures outlined in this Act, to choose a traditional
2adoption plan, or to parent a child themselves rather than
3place the newborn infant in harm's way.
4(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
5    (325 ILCS 2/10)
6    Sec. 10. Definitions. In this Act:
7    "Abandon" has the same meaning as in the Abused and
8Neglected Child Reporting Act.
9    "Abused child" has the same meaning as in the Abused and
10Neglected Child Reporting Act.
11    "Child welfare Child-placing agency" means an Illinois a
12licensed public or private agency that receives a child for
13the purpose of placing or arranging for the placement of the
14child in a foster pre-adoptive family home or other facility
15for child care, apart from the custody of the child's parents.
16    "Department" or "DCFS" means the Illinois Department of
17Children and Family Services.
18    "Emergency medical facility" means a freestanding
19emergency center or trauma center, as defined in the Emergency
20Medical Services (EMS) Systems Act.
21    "Emergency medical professional" includes licensed
22physicians, and any emergency medical technician, emergency
23medical technician-intermediate, advanced emergency medical
24technician, paramedic, trauma nurse specialist, and
25pre-hospital registered nurse, as defined in the Emergency

 

 

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1Medical Services (EMS) Systems Act.
2    "Fire station" means a fire station within the State with
3at least one staff person.
4    "Hospital" has the same meaning as in the Hospital
5Licensing Act.
6    "Legal custody" means the relationship created by a court
7order in the best interest of a newborn infant that imposes on
8the infant's custodian the responsibility of physical
9possession of the infant, the duty to protect, train, and
10discipline the infant, and the duty to provide the infant with
11food, shelter, education, and medical care, except as these
12are limited by parental rights and responsibilities.
13    "Neglected child" has the same meaning as in the Abused
14and Neglected Child Reporting Act.
15    "Newborn infant" means a child who a licensed physician
16reasonably believes is 30 days old or less at the time the
17child is initially relinquished to a hospital, police station,
18fire station, or emergency medical facility, and who is not an
19abused or a neglected child.
20    "Police station" means a municipal police station, a
21county sheriff's office, a campus police department located on
22any college or university owned or controlled by the State or
23any private college or private university that is not owned or
24controlled by the State when employees of the campus police
25department are present, or any of the district headquarters of
26the Illinois State Police.

 

 

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1    "Relinquish" means to bring a newborn infant, who a
2licensed physician reasonably believes is 30 days old or less,
3to a hospital, police station, fire station, or emergency
4medical facility and to leave the infant with personnel of the
5facility, if the person leaving the infant does not express an
6intent to return for the infant or states that he or she will
7not return for the infant. In the case of a mother who gives
8birth to an infant in a hospital, the mother's act of leaving
9that newborn infant at the hospital (i) without expressing an
10intent to return for the infant or (ii) stating that she will
11not return for the infant is not a "relinquishment" under this
12Act.
13    "Temporary protective custody" means the temporary
14placement of a newborn infant within a hospital or other
15medical facility out of the custody of the infant's parent.
16(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
17    (325 ILCS 2/20)
18    Sec. 20. Procedures with respect to relinquished newborn
19infants.
20    (a) Hospitals. Every hospital must accept and provide all
21necessary emergency services and care to a relinquished
22newborn infant, in accordance with this Act. The hospital
23shall examine a relinquished newborn infant and perform tests
24that, based on reasonable medical judgment, are appropriate in
25evaluating whether the relinquished newborn infant was abused

 

 

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1or neglected.
2    The act of relinquishing a newborn infant serves as
3implied consent for the hospital and its medical personnel and
4physicians on staff to treat and provide care for the infant.
5    The hospital shall be deemed to have temporary protective
6custody of a relinquished newborn infant until the infant is
7discharged to the custody of a child welfare child-placing
8agency or the Department.
9    (a-5) Any infant who receives emergency or medical care
10under this Act shall be deemed presumptively eligible for
11medicaid assistance under Article V of the Illinois Public Aid
12Code. Any health care provider or child welfare agency that
13provides medical services to an infant under this Act shall
14send all bills related to those medical services directly to
15the Department of Healthcare and Family Services for
16reimbursement.
17    (b) Fire stations and emergency medical facilities. Every
18fire station and emergency medical facility must accept and
19provide all necessary emergency services and care to a
20relinquished newborn infant, in accordance with this Act.
21    The act of relinquishing a newborn infant serves as
22implied consent for the fire station or emergency medical
23facility and its emergency medical professionals to treat and
24provide care for the infant, to the extent that those
25emergency medical professionals are trained to provide those
26services.

 

 

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1    After the relinquishment of a newborn infant to a fire
2station or emergency medical facility, the fire station or
3emergency medical facility's personnel must arrange for the
4transportation of the infant to the nearest hospital as soon
5as transportation can be arranged.
6    If the parent of a newborn infant returns to reclaim the
7child within 30 days 72 hours after relinquishing the child to
8a fire station or emergency medical facility, the fire station
9or emergency medical facility must inform the parent of the
10name and location of the hospital to which the infant was
11transported.
12    (c) Police stations. Every police station must accept a
13relinquished newborn infant, in accordance with this Act.
14After the relinquishment of a newborn infant to a police
15station, the police station must arrange for the
16transportation of the infant to the nearest hospital as soon
17as transportation can be arranged. The act of relinquishing a
18newborn infant serves as implied consent for the hospital to
19which the infant is transported and that hospital's medical
20personnel and physicians on staff to treat and provide care
21for the infant.
22    If the parent of a newborn infant returns to reclaim the
23infant within 72 hours after relinquishing the infant to a
24police station, the police station must inform the parent of
25the name and location of the hospital to which the infant was
26transported.

 

 

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1(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
293-820, eff. 7-27-04.)
 
3    (325 ILCS 2/22)
4    Sec. 22. Signage Signs. Every hospital, fire station,
5emergency medical facility, and police station that is
6required to accept a relinquished newborn infant in accordance
7with this Act must post, either by physical or electronic
8means, a sign in a conspicuous place on the exterior of the
9building housing the facility informing persons that a newborn
10infant may be relinquished at the facility in accordance with
11this Act. The Department shall prescribe specifications for
12the signs and for their placement that will ensure statewide
13uniformity.
14    This Section does not apply to a hospital, fire station,
15emergency medical facility, or police station that has a sign
16that is consistent with the requirements of this Section that
17is posted on the effective date of this amendatory Act of the
1895th General Assembly.
19(Source: P.A. 102-4, eff. 4-27-21.)
 
20    (325 ILCS 2/35)
21    Sec. 35. Information for relinquishing person.
22    (a) A hospital, police station, fire station, or emergency
23medical facility that receives a newborn infant relinquished
24in accordance with this Act must offer an information packet

 

 

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1to the relinquishing person and, if possible, must clearly
2inform the relinquishing person that his or her acceptance of
3the information is completely voluntary. The information
4packet must include all of the following:
5        (1) (Blank).
6        (2) Written notice of the following:
7            (A) No sooner than 60 days following the date of
8        the initial relinquishment of the infant to a
9        hospital, police station, fire station, or emergency
10        medical facility, the child welfare child-placing
11        agency or the Department will commence proceedings for
12        the termination of parental rights and placement of
13        the infant for adoption.
14            (B) Failure of a parent of the infant to contact
15        the Department and petition for the return of custody
16        of the infant before termination of parental rights
17        bars any future action asserting legal rights with
18        respect to the infant.
19        (3) A resource list of providers of counseling
20    services including grief counseling, pregnancy counseling,
21    and counseling regarding adoption and other available
22    options for placement of the infant.
23    Upon request of a parent, the Department of Public Health
24shall provide the application forms for the Illinois Adoption
25Registry and Medical Information Exchange.
26    (b) The information packet given to a relinquishing parent

 

 

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1in accordance with this Act shall include, in addition to
2other information required under this Act, the following:
3        (1) A brochure (with a self-mailer attached) that
4    describes this Act and the rights of birth parents,
5    including an optional section for the parent to complete
6    and mail to the Department of Children and Family
7    Services, that shall ask for basic anonymous background
8    information about the relinquished child. This brochure
9    shall be maintained by the Department on its website.
10        (2) A brochure that describes the Illinois Adoption
11    Registry, including a toll-free number and website
12    information. This brochure shall be maintained on the
13    Office of Vital Records website.
14        (3) A brochure describing postpartum health
15    information for the mother.
16    The information packet shall be designed in coordination
17between the Office of Vital Records and the Department of
18Children and Family Services, with the exception of the
19resource list of providers of counseling services and adoption
20agencies, which shall be provided by the hospital, fire
21station, police station, sheriff's office, or emergency
22medical facility.
23(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
24    (325 ILCS 2/37)
25    Sec. 37. Public disclosure of information prohibited.

 

 

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1Emergency medical professionals, employees, or other persons
2engaged in the administration or operation of a fire station,
3police station, hospital, emergency medical facility, child
4welfare child placing agency, or the Department where a
5newborn infant baby has been relinquished or transferred under
6this Act, are prohibited from publicly disclosing any
7information concerning the relinquishment of the infant and
8the individuals involved, except as otherwise provided by law.
9(Source: P.A. 95-549, eff. 6-1-08.)
 
10    (325 ILCS 2/40)
11    Sec. 40. Reporting requirements.
12    (a) Within 12 hours after accepting a newborn infant from
13a relinquishing person or from a police station, fire station,
14or emergency medical facility in accordance with this Act, a
15hospital must report to the Department's State Central
16Registry for the purpose of transferring physical custody of
17the infant from the hospital to either a child welfare
18child-placing agency or the Department.
19    (b) Within 24 hours after receiving a report under
20subsection (a), the Department must request assistance from
21law enforcement officials to investigate the matter using the
22National Crime Information Center to ensure that the
23relinquished newborn infant is not a missing child.
24    (c) Once a hospital has made a report to the Department
25under subsection (a), the Department must arrange for a

 

 

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1licensed child welfare child-placing agency to accept physical
2custody of the relinquished newborn infant.
3    (d) If a relinquished child is not a newborn infant as
4defined in this Act, the hospital and the Department must
5proceed as if the child is an abused or neglected child.
6(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
793-820, eff. 7-27-04.)
 
8    (325 ILCS 2/50)
9    Sec. 50. Child welfare Child-placing agency procedures.
10    (a) The Department's State Central Registry must maintain
11a list of licensed child welfare child-placing agencies
12willing to take legal custody of newborn infants relinquished
13in accordance with this Act. The child welfare child-placing
14agencies on the list must be contacted by the Department on a
15rotating basis upon notice from a hospital that a newborn
16infant has been relinquished in accordance with this Act.
17    (b) Upon notice from the Department that a newborn infant
18has been relinquished in accordance with this Act, a child
19welfare child-placing agency must accept the newborn infant if
20the agency has the accommodations to do so. The child welfare
21child-placing agency must seek an order for legal custody of
22the infant upon its acceptance of the infant.
23    (c) Within 3 business days after accepting the referral
24from the Department assuming physical custody of the infant,
25the child welfare child-placing agency shall file a petition

 

 

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1for custody in the division of the circuit court in which
2petitions for adoption would normally be heard. The petition
3for custody shall allege that the newborn infant has been
4relinquished in accordance with this Act and shall request
5state that the child welfare child-placing agency be given the
6authority intends to place the infant in an adoptive home,
7foster home, child care facility, or other facility
8appropriate for the needs of the infant. No filing or
9appearance fees shall be charged to any petitioner.
10    (d) If no licensed child welfare child-placing agency is
11able to accept the relinquished newborn infant, then the
12Department must assume responsibility for the infant as soon
13as practicable.
14    (e) A custody order issued under subsection (b) shall
15grant the child welfare agency the authority to make medical
16and health-related decisions for the infant. The order shall
17remain in effect until a final adoption order based on the
18relinquished newborn infant's best interests is issued in
19accordance with this Act and the Adoption Act.
20    (f) When possible, the child welfare child-placing agency
21must place a relinquished newborn infant in a prospective
22adoptive home.
23    (g) The Department or child welfare child-placing agency
24must initiate proceedings to (i) terminate the parental rights
25of the relinquished newborn infant's known or unknown parents,
26(ii) appoint a guardian for the infant, and (iii) obtain

 

 

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1consent to the infant's adoption in accordance with this Act
2no sooner than 60 days following the date of the initial
3relinquishment of the infant to the hospital, police station,
4fire station, or emergency medical facility.
5    (h) Before filing a petition for termination of parental
6rights, the Department or child welfare child-placing agency
7must do the following:
8        (1) Search its Putative Father Registry for the
9    purpose of determining the identity and location of the
10    putative father of the relinquished newborn infant who is,
11    or is expected to be, the subject of an adoption
12    proceeding, in order to provide notice of the proceeding
13    to the putative father. At least one search of the
14    Registry must be conducted, at least 30 days after the
15    relinquished newborn infant's estimated date of birth;
16    earlier searches may be conducted, however. Notice to any
17    potential putative father discovered in a search of the
18    Registry according to the estimated age of the
19    relinquished newborn infant must be in accordance with
20    Section 12a of the Adoption Act.
21        (2) Verify with law enforcement officials, using the
22    National Crime Information Center, that the relinquished
23    newborn infant is not a missing child.
24(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
2593-820, eff. 7-27-04.)
 

 

 

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1    (325 ILCS 2/55)
2    Sec. 55. Petition for return of custody.
3    (a) A parent of a newborn infant relinquished in
4accordance with this Act may petition for the return of
5custody of the infant before the termination of parental
6rights with respect to the infant.
7    (b) A parent of a newborn infant relinquished in
8accordance with this Act may petition for the return of
9custody of the infant by contacting the Department for the
10purpose of obtaining the name of the child welfare
11child-placing agency and then filing a petition for return of
12custody in the circuit court in which the proceeding for the
13termination of parental rights is pending.
14    (c) If a petition for the termination of parental rights
15has not been filed by the Department or the child welfare
16child-placing agency, the parent of the relinquished newborn
17infant must contact the Department, which must notify the
18parent of the appropriate court in which the petition for
19return of custody must be filed.
20    (d) The circuit court may hold the proceeding for the
21termination of parental rights in abeyance for a period not to
22exceed 60 days from the date that the petition for return of
23custody was filed without a showing of good cause. During that
24period:
25        (1) The court shall order genetic testing to establish
26    maternity or paternity, or both.

 

 

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1        (2) The Department shall conduct a child protective
2    investigation and home study to develop recommendations to
3    the court.
4        (3) When indicated as a result of the Department's
5    investigation and home study, further proceedings under
6    the Juvenile Court Act of 1987 as the court determines
7    appropriate, may be conducted. However, relinquishment of
8    a newborn infant in accordance with this Act does not
9    render the infant abused, neglected, or abandoned solely
10    because the newborn infant was relinquished to a hospital,
11    police station, fire station, or emergency medical
12    facility in accordance with this Act.
13    (e) Failure to file a petition for the return of custody of
14a relinquished newborn infant before the termination of
15parental rights bars any future action asserting legal rights
16with respect to the infant unless the parent's act of
17relinquishment that led to the termination of parental rights
18involved fraud perpetrated against and not stemming from or
19involving the parent. No action to void or revoke the
20termination of parental rights of a parent of a newborn infant
21relinquished in accordance with this Act, including an action
22based on fraud, may be commenced after 12 months after the date
23that the newborn infant was initially relinquished to a
24hospital, police station, fire station, or emergency medical
25facility.
26(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;

 

 

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193-820, eff. 7-27-04.)
 
2    Section 15. The Immunization Data Registry Act is amended
3by changing Section 20 as follows:
 
4    (410 ILCS 527/20)
5    Sec. 20. Confidentiality of information; release of
6information; statistics; panel on expanding access.
7    (a) Records maintained as part of the immunization data
8registry are confidential.
9    (b) The Department may release an individual's
10confidential information to the individual or to the
11individual's parent or guardian if the individual is less than
1218 years of age.
13    (c) Subject to subsection (d) of this Section, the
14Department may release information in the immunization data
15registry concerning an individual to the following entities:
16        (1) The immunization data registry of another state.
17        (2) A health care provider or a health care provider's
18    designee.
19        (3) A local health department.
20        (4) An elementary or secondary school that is attended
21    by the individual.
22        (5) A licensed child care center in which the
23    individual is enrolled.
24        (6) A licensed child welfare child-placing agency.

 

 

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1        (7) A college or university that is attended by the
2    individual.
3        (8) The Department of Healthcare and Family Services
4    or a managed care entity contracted with the Department of
5    Healthcare and Family Services to coordinate the provision
6    of medical care to enrollees of the medical assistance
7    program.
8    (d) Before immunization data may be released to an entity,
9the entity must enter into an agreement with the Department
10that provides that information that identifies a patient will
11not be released to any other person without the written
12consent of the patient.
13    (e) The Department may release summary statistics
14regarding information in the immunization data registry if the
15summary statistics do not reveal the identity of an
16individual.
17(Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.)
 
18    Section 20. The Illinois Parentage Act of 2015 is amended
19by changing Section 602 as follows:
 
20    (750 ILCS 46/602)
21    Sec. 602. Standing. A complaint to adjudicate parentage
22shall be verified, shall be designated a petition, and shall
23name the person or persons alleged to be the parent of the
24child. Subject to Article 3 and Sections 607, 608, and 609 of

 

 

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1this Act, a proceeding to adjudicate parentage may be
2maintained by:
3        (a) the child;
4        (b) the mother of the child;
5        (c) a pregnant woman;
6        (d) a man presumed or alleging himself to be the
7    parent of the child;
8        (e) a woman presumed or alleging herself to be the
9    parent of the child;
10        (f) the support-enforcement agency or other
11    governmental agency authorized by other law;
12        (g) any person or public agency that has physical
13    possession of or has custody of or has been allocated
14    parental responsibilities for, is providing financial
15    support to, or has provided financial support to the
16    child;
17        (h) the Department of Healthcare and Family Services
18    if it is providing, or has provided, financial support to
19    the child or if it is assisting with child support
20    collections services;
21        (i) an authorized adoption agency or licensed child
22    welfare child-placing agency;
23        (j) a representative authorized by law to act for an
24    individual who would otherwise be entitled to maintain a
25    proceeding but who is deceased, incapacitated, or a minor;
26    or

 

 

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1        (k) an intended parent.
2(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
3    Section 25. The Adoption Act is amended by changing
4Sections 4.1 and 10 as follows:
 
5    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
6    Sec. 4.1. Adoption between multiple jurisdictions. It is
7the public policy of this State to promote child welfare in
8adoption between multiple jurisdictions by implementing
9standards that foster permanency for children in an
10expeditious manner while considering the best interests of the
11child as paramount. Ensuring that standards for
12interjurisdictional adoption are clear and applied
13consistently, efficiently, and reasonably will promote the
14best interests of the child in finding a permanent home.
15    (a) The Department of Children and Family Services shall
16promulgate rules regarding the approval and regulation of
17agencies providing, in this State, adoption services, as
18defined in Section 2.24 of the Child Care Act of 1969, which
19shall include, but not be limited to, a requirement that any
20agency shall be licensed in this State as a child welfare
21agency as defined in Section 2.08 of the Child Care Act of
221969. Any out-of-state agency, if not licensed in this State
23as a child welfare agency, must obtain the approval of the
24Department in order to act as a sending agency, as defined in

 

 

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1Section 1 of the Interstate Compact on Placement of Children
2Act, seeking to place a child into this State through a
3placement subject to the Interstate Compact on the Placement
4of Children. An out-of-state agency, if not licensed in this
5State as a child welfare agency, is prohibited from providing
6in this State adoption services, as defined by Section 2.24 of
7the Child Care Act of 1969; shall comply with Section 12C-70 of
8the Criminal Code of 2012; and shall provide all of the
9following to the Department:
10        (1) A copy of the agency's current license or other
11    form of authorization from the approving authority in the
12    agency's state. If no license or authorization is issued,
13    the agency must provide a reference statement, from the
14    approving authority, stating that the agency is authorized
15    to place children in foster care or adoption or both in its
16    jurisdiction.
17        (2) A description of the program, including home
18    studies, placements, and supervisions, that the child
19    welfare child placing agency conducts within its
20    geographical area, and, if applicable, adoptive placements
21    and the finalization of adoptions. The child welfare child
22    placing agency must accept continued responsibility for
23    placement planning and replacement if the placement fails.
24        (3) Notification to the Department of any significant
25    child welfare child placing agency changes after approval.
26        (4) Any other information the Department may require.

 

 

SB1999- 22 -LRB103 30669 KTG 57130 b

1    The rules shall also provide that any agency that places
2children for adoption in this State may not, in any policy or
3practice relating to the placement of children for adoption,
4discriminate against any child or prospective adoptive parent
5on the basis of race.
6    (a-5) (Blank).
7    (b) Interstate adoptions.
8        (1) All interstate adoption placements under this Act
9    shall comply with the Child Care Act of 1969 and the
10    Interstate Compact on the Placement of Children. The
11    placement of children with relatives by the Department of
12    Children and Family Services shall also comply with
13    subsection (b) of Section 7 of the Children and Family
14    Services Act. The Department may promulgate rules to
15    implement interstate adoption placements, including those
16    requirements set forth in this Section.
17        (2) If an adoption is finalized prior to bringing or
18    sending a child to this State, compliance with the
19    Interstate Compact on the Placement of Children is not
20    required.
21        (3) Approval requirements. The Department shall
22    promulgate procedures for interstate adoption placements
23    of children under this Act. No later than September 24,
24    2017 (30 days after the effective date of Public Act
25    100-344), the Department shall distribute a written list
26    of all preadoption approval requirements to all Illinois

 

 

SB1999- 23 -LRB103 30669 KTG 57130 b

1    licensed child welfare agencies performing adoption
2    services, and all out-of-state agencies approved under
3    this Section, and shall post the requirements on the
4    Department's website. The Department may not require any
5    further preadoption requirements other than those set
6    forth in the procedures required under this paragraph. The
7    procedures shall reflect the standard of review as stated
8    in the Interstate Compact on the Placement of Children and
9    approval shall be given by the Department if the placement
10    appears not to be contrary to the best interests of the
11    child.
12        (4) Time for review and decision. In all cases where
13    the child to be placed is not a youth in care in Illinois
14    or any other state, a provisional or final approval for
15    placement shall be provided in writing from the Department
16    in accordance with the Interstate Compact on the Placement
17    of Children. Approval or denial of the placement must be
18    given by the Department as soon as practicable, but in no
19    event more than 3 business days of the receipt of the
20    completed referral packet by the Department's Interstate
21    Compact Administrator. Receipt of the packet shall be
22    evidenced by the packet's arrival at the address
23    designated by the Department to receive such referrals.
24    The written decision to approve or deny the placement
25    shall be communicated in an expeditious manner, including,
26    but not limited to, electronic means referenced in

 

 

SB1999- 24 -LRB103 30669 KTG 57130 b

1    paragraph (b)(7) of this Section, and shall be provided to
2    all Illinois licensed child welfare agencies involved in
3    the placement, all out-of-state child placing agencies
4    involved in the placement, and all attorneys representing
5    the prospective adoptive parent or biological parent. If,
6    during its initial review of the packet, the Department
7    believes there are any incomplete or missing documents, or
8    missing information, as required in paragraph (b)(3), the
9    Department shall, as soon as practicable, but in no event
10    more than 2 business days of receipt of the packet,
11    communicate a list of any incomplete or missing documents
12    and information to all Illinois licensed child welfare
13    agencies involved in the placement, all out-of-state child
14    placing agencies involved in the placement, and all
15    attorneys representing the adoptive parent or biological
16    parent. This list shall be communicated in an expeditious
17    manner, including, but not limited to, electronic means
18    referenced in paragraph (b)(7) of this Section.
19        (5) Denial of approval. In all cases where the child
20    to be placed is not a youth in the care of any state, if
21    the Department denies approval of an interstate placement,
22    the written decision referenced in paragraph (b)(4) of
23    this Section shall set forth the reason or reasons why the
24    placement was not approved and shall reference which
25    requirements under paragraph (b)(3) of this Section were
26    not met. The written decision shall be communicated in an

 

 

SB1999- 25 -LRB103 30669 KTG 57130 b

1    expeditious manner, including, but not limited to,
2    electronic means referenced in paragraph (b)(7) of this
3    Section, to all Illinois licensed child welfare agencies
4    involved in the placement, all out-of-state child placing
5    agencies involved in the placement, and all attorneys
6    representing the prospective adoptive parent or biological
7    parent.
8        (6) Provisional approval. Nothing in paragraphs (b)(3)
9    through (b)(5) of this Section shall preclude the
10    Department from issuing provisional approval of the
11    placement pending receipt of any missing or incomplete
12    documents or information.
13        (7) Electronic communication. All communications
14    concerning an interstate placement made between the
15    Department and an Illinois licensed child welfare agency,
16    an out-of-state child placing agency, and attorneys
17    representing the prospective adoptive parent or biological
18    parent, including the written communications referenced in
19    this Section, may be made through any type of electronic
20    means, including, but not limited to, electronic mail.
21    (c) Intercountry adoptions. The adoption of a child, if
22the child is a habitual resident of a country other than the
23United States and the petitioner is a habitual resident of the
24United States, or, if the child is a habitual resident of the
25United States and the petitioner is a habitual resident of a
26country other than the United States, shall comply with the

 

 

SB1999- 26 -LRB103 30669 KTG 57130 b

1Intercountry Adoption Act of 2000, as amended, and the
2Immigration and Nationality Act, as amended. In the case of an
3intercountry adoption that requires oversight by the adoption
4services governed by the Intercountry Adoption Universal
5Accreditation Act of 2012, this State shall not impose any
6additional preadoption requirements.
7    (d) (Blank).
8    (e) Re-adoption after an intercountry adoption.
9        (1) Any time after a minor child has been adopted in a
10    foreign country and has immigrated to the United States,
11    the adoptive parent or parents of the child may petition
12    the court for a judgment of adoption to re-adopt the child
13    and confirm the foreign adoption decree.
14        (2) The petitioner must submit to the court one or
15    more of the following to verify the foreign adoption:
16            (i) an immigrant visa for the child issued by
17        United States Citizenship and Immigration Services of
18        the U.S. Department of Homeland Security that was
19        valid at the time of the child's immigration;
20            (ii) a decree, judgment, certificate of adoption,
21        adoption registration, or equivalent court order,
22        entered or issued by a court of competent jurisdiction
23        or administrative body outside the United States,
24        establishing the relationship of parent and child by
25        adoption; or
26            (iii) such other evidence deemed satisfactory by

 

 

SB1999- 27 -LRB103 30669 KTG 57130 b

1        the court.
2        (3) The child's immigrant visa shall be prima facie
3    proof that the adoption was established in accordance with
4    the laws of the foreign jurisdiction and met United States
5    requirements for immigration.
6        (4) If the petitioner submits documentation that
7    satisfies the requirements of paragraph (2), the court
8    shall not appoint a guardian ad litem for the minor who is
9    the subject of the proceeding, shall not require any
10    further termination of parental rights of the child's
11    biological parents, nor shall it require any home study,
12    investigation, post-placement visit, or background check
13    of the petitioner.
14        (5) The petition may include a request for change of
15    the child's name and any other request for specific relief
16    that is in the best interests of the child. The relief may
17    include a request for a revised birth date for the child if
18    supported by evidence from a medical or dental
19    professional attesting to the appropriate age of the child
20    or other collateral evidence.
21        (6) Two adoptive parents who adopted a minor child
22    together in a foreign country while married to one another
23    may file a petition for adoption to re-adopt the child
24    jointly, regardless of whether their marriage has been
25    dissolved. If either parent whose marriage was dissolved
26    has subsequently remarried or entered into a civil union

 

 

SB1999- 28 -LRB103 30669 KTG 57130 b

1    with another person, the new spouse or civil union partner
2    shall not join in the petition to re-adopt the child,
3    unless the new spouse or civil union partner is seeking to
4    adopt the child. If either adoptive parent does not join
5    in the petition, he or she must be joined as a party
6    defendant. The defendant parent's failure to participate
7    in the re-adoption proceeding shall not affect the
8    existing parental rights or obligations of the parent as
9    they relate to the minor child, and the parent's name
10    shall be placed on any subsequent birth record issued for
11    the child as a result of the re-adoption proceeding.
12        (7) An adoptive parent who adopted a minor child in a
13    foreign country as an unmarried person may file a petition
14    for adoption to re-adopt the child as a sole petitioner,
15    even if the adoptive parent has subsequently married or
16    entered into a civil union.
17        (8) If one of the adoptive parents who adopted a minor
18    child dies prior to a re-adoption proceeding, the deceased
19    parent's name shall be placed on any subsequent birth
20    record issued for the child as a result of the re-adoption
21    proceeding.
22(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17;
23100-863, eff. 8-14-18.)
 
24    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
25    Sec. 10. Forms of consent and surrender; execution and

 

 

SB1999- 29 -LRB103 30669 KTG 57130 b

1acknowledgment thereof.
2    A. The form of consent required for the adoption of a born
3child shall be substantially as follows:
 
4
FINAL AND IRREVOCABLE CONSENT TO ADOPTION

 
5    I, ...., (relationship, e.g., mother, father, relative,
6guardian) of ...., a male or female (circle one) child, state:
7    That such child was born on .... at ....
8    That I reside at ...., County of .... and State of ....
9    That I am of the age of .... years.
10    That I hereby enter my appearance in this proceeding and
11waive service of summons on me.
12    That I hereby acknowledge that I have been provided with a
13copy of the Birth Parent Rights and Responsibilities-Private
14Form before signing this Consent and that I have had time to
15read, or have had read to me, this Form. I understand that if I
16do not receive any of the rights as described in this Form, it
17shall not constitute a basis to revoke this Final and
18Irrevocable Consent.
19    That I do hereby consent and agree to the adoption of such
20child.
21    That I wish to and understand that by signing this consent
22I do irrevocably and permanently give up all custody and other
23parental rights I have to such child.
24    That I understand such child will be placed for adoption

 

 

SB1999- 30 -LRB103 30669 KTG 57130 b

1and that I cannot under any circumstances, after signing this
2document, change my mind and revoke or cancel this consent or
3obtain or recover custody or any other rights over such child.
4That I have read and understand the above and I am signing it
5as my free and voluntary act.
6    Dated (insert date).
7.........................
 
8    If under Section 8 the consent of more than one person is
9required, then each such person shall execute a separate
10consent.
11    A-1. (1) The form of the Final and Irrevocable Consent to
12Adoption by a Specified Person or Persons: Non-DCFS Case set
13forth in this subsection A-1 is to be used by legal parents
14only. This form is not to be used in cases in which there is a
15pending petition under Section 2-13 of the Juvenile Court Act
16of 1987.
17    (2) The form of the Final and Irrevocable Consent to
18Adoption by a Specified Person or Persons in a non-DCFS case
19shall have the caption of the proceeding in which it is to be
20filed and shall be substantially as follows:
 
21
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
22
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE

 
23    I, ...., (relationship, e.g., mother, father) of ...., a

 

 

SB1999- 31 -LRB103 30669 KTG 57130 b

1male or female (circle one) child, state:
2    1. That such child was born on ...., at ....., in the
3City/Town of ... and State of ....
4    2. That I reside at ...., County of .... and State of ....,
5my email address (if I have one) is .... my cell phone number
6where I can receive text messages (if I have one) is .... and
7my land line phone number (if I have one) is ...., and any
8other contact information is ....
9    3. That I am of the age of .... years.
10    4. That I hereby enter my appearance in this proceeding
11and waive service of summons on me.
12    5. That I hereby acknowledge that I have been provided a
13copy of the Birth Parent Rights and Responsibilities-Private
14Form before signing this Consent and that I have had time to
15read, or have had read to me, this Form and that I understand
16the Rights and Responsibilities described in this Form. I
17understand that if I do not receive any of my rights as
18described in said Form, it shall not constitute a basis to
19revoke this Final and Irrevocable Consent to Adoption by a
20Specified Person.
21    6. That I do hereby consent and agree to the adoption of
22such child by .... (specified person or persons) only. If only
23first names are used for the specified person or persons, I
24voluntarily sign this specified consent form without
25disclosure to me of the last name of the specified person or
26persons. However, I understand that if I wish to know the last

 

 

SB1999- 32 -LRB103 30669 KTG 57130 b

1name of the specified person or persons, I may request it
2before signing the form. If I do not receive the last name, I
3may choose not to sign the specified consent form.
4    7. That I wish to and understand that upon signing this
5consent I do irrevocably and permanently give up all custody
6and other parental rights I have to such child if such child is
7adopted by .... (specified person or persons). I hereby
8transfer all of my rights to the custody, care and control of
9such child to ............................. (specified person
10or persons).
11    8. That I understand such child will be adopted by
12....................... (specified person or persons) and that
13I cannot under any circumstances, after signing this document,
14change my mind and revoke or cancel this consent or obtain or
15recover custody or any other rights over such child if
16............................ (specified person or persons)
17adopt(s) such child; PROVIDED that each specified person has
18filed or shall file, within 60 days from the date hereof, a
19petition for the adoption of such child.
20    9. That if the specified person or persons designated
21herein do not file a petition for adoption within the
22time-frame specified above, or, if said petition for adoption
23is filed within the time-frame specified above but the
24adoption petition is dismissed with prejudice or the adoption
25proceeding is otherwise concluded without an order declaring
26the child to be the adopted child of the specified person or

 

 

SB1999- 33 -LRB103 30669 KTG 57130 b

1persons, then I understand that I will be sent written notice
2of such circumstances at the mailing address, at the email
3address, through a text message to my cell phone number, and to
4any other contact information I have provided in paragraph 2
5within 5 business days of this occurrence. I understand that
6the notice will be directed to me using the contact
7information I have provided in this consent. I understand that
8I will have 15 business days from the date that the written
9notice is sent to me to respond in the manner described in the
10notice, within which time I may request the Court to declare
11this consent voidable and return the child to me. I further
12understand that the Court will make the final decision of
13whether or not the child will be returned to me. If I do not
14make such request within 15 business days of the date the
15notice was sent, then I expressly waive any other notice or
16service of process in any legal proceeding regarding the
17child, including a legal proceeding for someone other than
18..... (specified person or persons) to adopt the child, and
19that I will have no parental rights as to the child. The person
20sending the notice shall file an affidavit of notice as proof
21of the date sent.
22    10. That I expressly acknowledge that nothing in this
23Consent impairs the validity and absolute finality of this
24Consent under any circumstance other than those described in
25paragraph 9 of this Consent.
26    11. That I understand that I have a remaining duty and

 

 

SB1999- 34 -LRB103 30669 KTG 57130 b

1obligation to keep .............. (insert name and address of
2the attorney for the specified person or persons) informed of
3my current address or other preferred contact information
4until this adoption has been finalized. My failure to do so may
5result in the termination of my parental rights and the child
6being placed for adoption in another home.
7    12. That I do expressly waive any other notice or service
8of process in any of the legal proceedings for the adoption of
9the child as long as the adoption proceeding by the specified
10person or persons is pending.
11    13. That I have read and understand the above and I am
12signing it as my free and voluntary act.
13    14. That I acknowledge that this consent is valid even if
14the specified person or persons separate or divorce or one of
15the specified persons dies prior to the entry of the final
16judgment for adoption.
17    Dated (insert date).
18    .............................................
19    Signature of parent.
20    .............................................
21    Address of parent.
22    .............................................
23    Phone number(s) of parent.
24    .............................................
25    Personal email(s) of parent.
26    .............................................
 

 

 

SB1999- 35 -LRB103 30669 KTG 57130 b

1    (3) The form of the certificate of acknowledgement for a
2Final and Irrevocable Consent for Adoption by a Specified
3Person or Persons: Non-DCFS Case shall be substantially as
4follows:
 
5STATE OF ..............)
6                       ) SS.
7COUNTY OF .............)
8    I, .................... (Name of Judge or other person),
9..................... (official title, name, and address),
10certify that ............., personally known to me to be the
11same person whose name is subscribed to the foregoing Final
12and Irrevocable Consent for Adoption by a Specified Person or
13Persons; non-DCFS case, appeared before me this day in person
14and acknowledged that (she)(he) signed and delivered the
15consent as (her)(his) free and voluntary act, for the
16specified purpose. I am further satisfied that, before signing
17this Consent, ........ has read, or has had read to him or her,
18the Birth Parent Rights and Responsibilities-Private Form.
 
19    A-2. Birth Parent Rights and Responsibilities-Private
20Form. The Birth Parent Rights and Responsibilities-Private
21Form must be read by, or have been read to, any person
22executing a Final and Irrevocable Consent to Adoption under
23subsection A, a Final and Irrevocable Consent to Adoption by a

 

 

SB1999- 36 -LRB103 30669 KTG 57130 b

1Specified Person or Persons: Non-DCFS Case under subsection
2A-1, or a Consent to Adoption of Unborn Child under subsection
3B prior to the execution of said Consent. The form of the Birth
4Parent Rights and Responsibilities-Private Form shall be
5substantially as follows:
 
6
Birth Parent Rights and Responsibilities-Private Form

 
7
THIS FORM DOES NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS
8
DEPENDENT ON THE SPECIFIC CIRCUMSTANCES OF EACH SITUATION AND
9
JURISDICTION. THE INFORMATION IN THIS FORM CANNOT REPLACE THE
10
ADVICE OF AN ATTORNEY LICENSED IN YOUR STATE.
11    As a birth parent in the State of Illinois, you have the
12right:
13    1. To have your own attorney represent you. The
14prospective adoptive parents may agree to pay for the cost of
15your attorney in a manner consistent with Illinois law, but
16they are not required to do so.
17    2. To be treated with dignity and respect at all times and
18to make decisions free from coercion and pressure.
19    3. To request to receive counseling before and after
20signing a Final and Irrevocable Consent to Adoption
21("Consent"), a Final and Irrevocable Consent to Adoption by a
22Specified Person or Persons: Non-DCFS Case ("Specified
23Consent"), or a Consent to Adoption of Unborn Child ("Unborn
24Consent"). The prospective adoptive parents may agree to pay

 

 

SB1999- 37 -LRB103 30669 KTG 57130 b

1for the cost of counseling in a manner consistent with
2Illinois law, but they are not required to do so.
3    4. To ask to be involved in choosing your child's
4prospective adoptive parents and to ask to meet them.
5    5. To ask your child's prospective adoptive parents any
6questions that pertain to your decision to place your child
7with them.
8    6. To see your child before signing a Consent or Specified
9Consent if you are the custodial parent, and to request to see
10your child if you are not the custodial parent.
11    7. To request contact with your child and/or the child's
12prospective adoptive parents, with the understanding that any
13promises regarding contact with your child or receipt of
14information about the child after signing a Consent, Specified
15Consent, or Unborn Consent cannot be enforced under Illinois
16law.
17    8. To receive copies of all documents that you sign and
18have those documents provided to you in your preferred
19language.
20    9. To request that your identifying information remain
21confidential, unless required otherwise by Illinois law or
22court order, and to voluntarily share your medical,
23background, and identifying information, including information
24on the original birth certificate of your child. This can be
25done through the Illinois Adoption Registry and Medical
26Information Exchange or through completing the Birth Parent

 

 

SB1999- 38 -LRB103 30669 KTG 57130 b

1Preference Form. Please visit http://dph.illinois.gov or
2www.newillinoisadoptionlaw.com.
3    10. To access the Confidential Intermediary Program which
4provides a way for a court appointed person to connect and/or
5exchange information between adoptees, adoptive parents and
6birth parents, and other biological family members, provided
7in most cases that mutual consent is given. Please visit
8www.ci-illinois.org or call (800) 526-9022(x29).
9    11. To work with an adoption agency or attorney of your
10choice, or change said agency or attorney, provided you
11promptly inform all of the parties currently involved.
12    12. To receive, upon request, a written list of any
13promised support, financial or otherwise, from your attorney
14or the attorney for your child's prospective adoptive parents.
15    13. To delay signing a Consent, Specified Consent, or
16Unborn Consent if you are not ready to do so.
17    14. To decline to sign a Consent, Specified Consent, or
18Unborn Consent even if you have received financial support
19from the prospective adoptive parents.
20    If you do not receive any of the rights described in this
21Form, it shall not be a basis to revoke a Consent, Specified
22Consent, or Unborn Consent.
23    As a Birth Parent in the State of Illinois, you have the
24responsibility:
25    1. To carefully consider your reasons for choosing
26adoption.

 

 

SB1999- 39 -LRB103 30669 KTG 57130 b

1    2. (Birth mothers only) To accurately complete an
2Affidavit of Identification, which identifies the father of
3the child when known, with the understanding that a birth
4mother has a right to decline to identify the birth father.
5    3. To provide the necessary documentation regarding
6financial need to make an appropriate determination of
7reasonable pregnancy-related expenses.
8    4. To not accept financial support or reimbursement of
9pregnancy related expenses simultaneously from more than one
10source or if you are not pregnant, as doing so is a crime.
11    5. To voluntarily provide all known medical, background,
12and family information about yourself and your immediate
13family to your child's prospective adoptive parents or their
14attorney. For the health of your child, you are strongly
15encouraged, but not required, to do so as set forth on the
16following form:
17
Birth Parent Medical Information
18    The purpose of this form is to gather your health history,
19genetic history, and social background information to share
20with the adoptive parents. It is important the adoptive family
21provide this information to the child's physician. It will
22become a part of the child's medical and family history. This
23form, in its entirety, will be given to the adoptive
24parent(s).
25    The following information is true and complete to the best
26of my knowledge and belief.

 

 

SB1999- 40 -LRB103 30669 KTG 57130 b

1    Birth parent name:
2......................................
3    Signature:
4..............................................
5    Date:....................................................
6    YES or NO (circle one) I agree to release my full name on
7this form to the adoptive family. If NO is circled then the
8birth parent's name shall be redacted on this form.
9    MOTHER'S PHYSICAL CHARACTERISTICS:
10Eyes: ... Hair: .... Complexion: .... Height: ....
11Weight: .... Body build: ..... Race: .....
12Nationality/Descent: ....... Blood type: .... Rh factor: ....
13Eye glasses or contact lenses? Yes /.../ No /.../
14Right /.../ Left /.../ handed
15Age: .... or Date of birth: ..... Religion: .................
16    Please list your highest education level, occupation,
17hobbies, interests, and talents:
18............................
19Existence of any disabilities? Yes /.../ No /.../
20If yes, explain:.............................................
21    If you have other children, list them below. Include any
22children previously placed for adoption.
23....................
24    Describe your relationship with the birth father: .......
25    FATHER'S PHYSICAL CHARACTERISTICS:
26Eyes: ... Hair: .... Complexion: .... Height: ....

 

 

SB1999- 41 -LRB103 30669 KTG 57130 b

1Weight: .... Body build: ..... Race: .....
2Nationality/Descent: ....... Blood type: .... Rh factor: ....
3Eye glasses or contact lenses? Yes /.../ No /.../
4Right /.../ Left /.../ handed
5Age: .... or Date of birth: ..... Religion: .................
6    Please list your highest education level, occupation,
7hobbies, interests, and talents:
8............................
9Existence of any disabilities? Yes /.../ No /.../
10If yes, explain:.............................................
11    If you have other children, list them below. Include any
12children previously placed for adoption.
13....................
14
PREGNANCY HISTORY INVOLVING THIS CHILD
15    Month prenatal care began during this pregnancy:.........
16    Complications during pregnancy: Yes ... No ... If yes,
17explain: ....................................................
18    .............................................................
19
MEDICATION AND OTHER SUBSTANCES USED DURING
20
PREGNANCY OR YEAR PRIOR TO PREGNANCY
21FREQUENCY/ FREQUENCY/
22AMOUNT AMOUNT
23DURING PRIOR TO
24YES NO PREGNANCY PREGNANCY
25Alcohol/../ /../................. ...............
26Amphetamines/../ /../................................

 

 

 

SB1999- 42 -LRB103 30669 KTG 57130 b

1Barbiturates/../ /../................................
2Cocaine/../ /../................................
3Heroin/../ /../................................
4LSD/../ /../................................
5Marijuana/../ /../ ................. ...............
6Caffeine
7(Coffee,
8tea, etc)/../ /../ ................................
9Prescription
10drugs/../ /../ ................. ...............
11Non-
12prescription
13drugs /../ /../................................
14Other /../ /../ ................. ...............
15    In addition to this form, a birth parent shall also be
16provided the forms for the Illinois Adoption Registry and
17Medical Information Exchange.
18    B. The form of consent required for the adoption of an
19unborn child shall be substantially as follows:
 
20
CONSENT TO ADOPTION OF UNBORN CHILD

 
21    I, ...., state:
22    That I am the father of a child expected to be born on or
23about .... to .... (name of mother).

 

 

SB1999- 43 -LRB103 30669 KTG 57130 b

1    That I reside at .... County of ...., and State of .....
2    That I am of the age of .... years.
3    That I hereby enter my appearance in such adoption
4proceeding and waive service of summons on me.
5    That I hereby acknowledge that I have been provided with a
6copy of the Birth Parent Rights and Responsibilities-Private
7Form before signing this Consent, and that I have had time to
8read, or have had read to me, this Form. I understand that if I
9do not receive any of the rights as described in this Form, it
10shall not constitute a basis to revoke this Consent to
11Adoption of Unborn Child.
12    That I do hereby consent and agree to the adoption of such
13child, and that I have not previously executed a consent or
14surrender with respect to such child.
15    That I wish to and do understand that by signing this
16consent I do irrevocably and permanently give up all custody
17and other parental rights I have to such child, except that I
18have the right to revoke this consent by giving written notice
19of my revocation not later than 72 hours after the birth of the
20child.
21    That I understand such child will be placed for adoption
22and that, except as hereinabove provided, I cannot under any
23circumstances, after signing this document, change my mind and
24revoke or cancel this consent or obtain or recover custody or
25any other rights over such child.
26    That I have read and understand the above and I am signing

 

 

SB1999- 44 -LRB103 30669 KTG 57130 b

1it as my free and voluntary act.
2    Dated (insert date).
3........................
 
4    B-5. (1) The parent of a child may execute a consent to
5standby adoption by a specified person or persons. A consent
6under this subsection B-5 shall be acknowledged by a parent
7pursuant to subsection H and subsection K of this Section. The
8form of consent required for the standby adoption of a born
9child effective at a future date when the consenting parent of
10the child dies or requests that a final judgment of adoption be
11entered shall be substantially as follows:
 
12
FINAL AND IRREVOCABLE CONSENT
13
TO STANDBY ADOPTION

 
14    I, ..., (relationship, e.g. mother or father) of ...., a
15male or female (circle one) child, state:
16    That the child was born on .... at .....
17    That I reside at ...., County of ...., and State of .....
18    That I am of the age of .... years.
19    That I hereby enter my appearance in this proceeding and
20waive service of summons on me in this action only.
21    That I do hereby consent and agree to the standby adoption
22of the child, and that I have not previously executed a consent
23or surrender with respect to the child.

 

 

SB1999- 45 -LRB103 30669 KTG 57130 b

1    That I wish to and understand that by signing this consent
2I do irrevocably and permanently give up all custody and other
3parental rights I have to the child, effective upon (my death)
4(the child's other parent's death) or upon (my) (the other
5parent's) request for the entry of a final judgment for
6adoption if ..... (specified person or persons) adopt my
7child.
8    That I understand that until (I die) (the child's other
9parent dies), I retain all legal rights and obligations
10concerning the child, but at that time, I irrevocably give all
11custody and other parental rights to .... (specified person or
12persons).
13    I understand my child will be adopted by .......
14(specified person or persons) only and that I cannot, under
15any circumstances, after signing this document, change my mind
16and revoke or cancel this consent or obtain or recover custody
17or any other rights over my child if ..... (specified person or
18persons) adopt my child.
19    I understand that this consent to standby adoption is
20valid only if the petition for standby adoption is filed and
21that if ....... (specified person or persons), for any reason,
22cannot or will not file a petition for standby adoption or if
23his, her, or their petition for standby adoption is denied,
24then this consent is void. I have the right to notice of any
25other proceeding that could affect my parental rights.
26    That I have read and understand the above and I am signing

 

 

SB1999- 46 -LRB103 30669 KTG 57130 b

1it as my free and voluntary act.
2    Dated (insert date).
3....................
 
4    If under Section 8 the consent of more than one person is
5required, then each such person shall execute a separate
6consent. A separate consent shall be executed for each child.
7    (2) If the parent consents to a standby adoption by 2
8specified persons, then the form shall contain 2 additional
9paragraphs in substantially the following form:
10    If .... (specified persons) obtain a judgment of
11dissolution of marriage before the judgment for adoption is
12entered, then ..... (specified person) shall adopt my child. I
13understand that I cannot change my mind and revoke this
14consent or obtain or recover custody of my child if .....
15(specified persons) obtain a judgment of dissolution of
16marriage and ..... (specified person) adopts my child. I
17understand that I cannot change my mind and revoke this
18consent if ...... (specified persons) obtain a judgment of
19dissolution of marriage before the adoption is final. I
20understand that this consent to adoption has no effect on who
21will get custody of my child if ..... (specified persons)
22obtain a judgment of dissolution of marriage after the
23adoption is final. I understand that if either .....
24(specified persons) dies before the petition to adopt my child
25is granted, then the surviving person may adopt my child. I

 

 

SB1999- 47 -LRB103 30669 KTG 57130 b

1understand that I cannot change my mind and revoke this
2consent or obtain or recover custody of my child if the
3surviving person adopts my child.
4    A consent to standby adoption by specified persons on this
5form shall have no effect on a court's determination of
6custody or visitation under the Illinois Marriage and
7Dissolution of Marriage Act if the marriage of the specified
8persons is dissolved before the adoption is final.
9    (3) The form of the certificate of acknowledgement for a
10Final and Irrevocable Consent for Standby Adoption shall be
11substantially as follows:
 
12STATE OF .....)
13              ) SS.
14COUNTY OF ....)
 
15    I, ....... (name of Judge or other person) ..... (official
16title, name, and address), certify that ......., personally
17known to me to be the same person whose name is subscribed to
18the foregoing Final and Irrevocable Consent to Standby
19Adoption, appeared before me this day in person and
20acknowledged that (she) (he) signed and delivered the consent
21as (her) (his) free and voluntary act, for the specified
22purpose.
23    I have fully explained that this consent to adoption is
24valid only if the petition to adopt is filed, and that if the

 

 

SB1999- 48 -LRB103 30669 KTG 57130 b

1specified person or persons, for any reason, cannot or will
2not adopt the child or if the adoption petition is denied, then
3this consent will be void. I have fully explained that if the
4specified person or persons adopt the child, by signing this
5consent (she) (he) is irrevocably and permanently
6relinquishing all parental rights to the child, and (she) (he)
7has stated that such is (her) (his) intention and desire.
8    Dated (insert date).
9    Signature ..............................
 
10    (4) If a consent to standby adoption is executed in this
11form, the consent shall be valid only if the specified person
12or persons adopt the child. The consent shall be void if:
13        (a) the specified person or persons do not file a
14    petition for standby adoption of the child; or
15        (b) a court denies the standby adoption petition.
16    The parent shall not need to take further action to revoke
17the consent if the standby adoption by the specified person or
18persons does not occur, notwithstanding the provisions of
19Section 11 of this Act.
20    C. The form of surrender to any agency given by a parent of
21a born child who is to be subsequently placed for adoption
22shall be substantially as follows and shall contain such other
23facts and statements as the particular agency shall require.
 
24
FINAL AND IRREVOCABLE SURRENDER

 

 

SB1999- 49 -LRB103 30669 KTG 57130 b

1
FOR PURPOSES OF ADOPTION

 
2    I, .... (relationship, e.g., mother, father, relative,
3guardian) of ...., a male or female (circle one) child, state:
4    That such child was born on ...., at .....
5    That I reside at ...., County of ...., and State of .....
6    That I am of the age of .... years.
7    That I do hereby surrender and entrust the entire custody
8and control of such child to the .... (the "Agency"), a
9(public) (licensed) child welfare agency with its principal
10office in the City of ...., County of .... and State of ....,
11for the purpose of enabling it to care for and supervise the
12care of such child, to place such child for adoption and to
13consent to the legal adoption of such child.
14    That I hereby grant to the Agency full power and authority
15to place such child with any person or persons it may in its
16sole discretion select to become the adopting parent or
17parents and to consent to the legal adoption of such child by
18such person or persons; and to take any and all measures which,
19in the judgment of the Agency, may be for the best interests of
20such child, including authorizing medical, surgical and dental
21care and treatment including inoculation and anaesthesia for
22such child.
23    That I wish to and understand that by signing this
24surrender I do irrevocably and permanently give up all custody
25and other parental rights I have to such child.

 

 

SB1999- 50 -LRB103 30669 KTG 57130 b

1    That I understand I cannot under any circumstances, after
2signing this surrender, change my mind and revoke or cancel
3this surrender or obtain or recover custody or any other
4rights over such child.
5    That I have read and understand the above and I am signing
6it as my free and voluntary act.
7    Dated (insert date).
8........................
 
9    C-5. The form of a Final and Irrevocable Designated
10Surrender for Purposes of Adoption to any agency given by a
11parent of a born child who is to be subsequently placed for
12adoption is to be used by legal parents only. The form shall be
13substantially as follows and shall contain such other facts
14and statements as the particular agency shall require:
 
15
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
16
FOR PURPOSES OF ADOPTION

 
17    I, .... (relationship, e.g., mother, father, relative,
18guardian) of ...., a male or female (circle one) child, state:
19    1. That such child was born on ...., at .....
20    2. That I reside at ...., County of ...., and State of
21....., my email address (if I have one) is .... my cell phone
22number where I can receive text messages (if I have one) is
23.... and my land line phone number (if I have one) is ...., and

 

 

SB1999- 51 -LRB103 30669 KTG 57130 b

1any other contact information is ....
2    3. That I am of the age of .... years.
3    4. That I do hereby surrender and entrust the entire
4custody and control of such child to the .... (the "Agency"), a
5(public) (licensed) child welfare agency with its principal
6office in the City of ...., County of .... and State of ....,
7for the purpose of enabling it to care for and supervise the
8care of such child, to place such child for adoption with
9............................. (specified person or persons)
10and to consent to the legal adoption of such child and to take
11any and all measures which, in the judgment of the Agency, may
12be for the best interests of such child, including authorizing
13medical, surgical and dental care and treatment including
14inoculation and anesthesia for such child. If only first names
15are used for the specified person or persons, I voluntarily
16sign this designated surrender without disclosure to me of the
17last name of the specified person or persons. However, I
18understand that if I wish to know the last name of the
19specified person or persons, I may request it before signing
20the form. If I do not receive the last name, I may choose not
21to sign the designated surrender form.
22    5. That I wish to and understand that by signing this
23surrender I do irrevocably and permanently give up all custody
24and other parental rights I have to such child.
25    6. That if the petition for adoption is not filed by the
26specified person or persons designated herein or, if the

 

 

SB1999- 52 -LRB103 30669 KTG 57130 b

1petition for adoption is filed but the adoption petition is
2dismissed with prejudice or the adoption proceeding is
3otherwise concluded without an order declaring the child to be
4the adopted child of each specified person, then I understand
5that the Agency will send notice to me at the mailing address,
6at the email address, through a text message to my cell phone
7number provided in paragraph 2, and to any other contact
8information I have provided in paragraph 2 within 5 business
9days of this occurrence. The person sending the notice shall
10prepare an affidavit of notice. I understand that I will have
1115 business days from the date that the written notice was sent
12to respond, within which time I may choose to designate other
13adoptive parent(s). However, I acknowledge that the Agency has
14full power and authority to place the child for adoption with
15any person or persons it may in its sole discretion select to
16become the adopting parent or parents and to consent to the
17legal adoption of the child by such person or persons.
18    7. That I acknowledge that this surrender is valid even if
19the specified persons separate or divorce or one of the
20specified persons dies prior to the entry of the final
21judgment for adoption.
22    8. That I expressly acknowledge that the above paragraphs
236 and 7 do not impair the validity and absolute finality of
24this surrender under any circumstance.
25    9. That I understand that I have a remaining obligation to
26keep the Agency informed of my current contact information

 

 

SB1999- 53 -LRB103 30669 KTG 57130 b

1until the adoption of the child has been finalized if I wish to
2be notified in the event the adoption by the specified
3person(s) cannot proceed.
4    10. That I understand I cannot under any circumstances,
5after signing this surrender, change my mind and revoke or
6cancel this surrender or obtain or recover custody or any
7other rights over such child.
8    11. That I have read and understand the above and I am
9signing it as my free and voluntary act.
10    Dated (insert date).
11..............................
 
12    D. The form of surrender to an agency given by a parent of
13an unborn child who is to be subsequently placed for adoption
14shall be substantially as follows and shall contain such other
15facts and statements as the particular agency shall require.
 
16
SURRENDER OF UNBORN CHILD FOR
17
PURPOSES OF ADOPTION

 
18    I, .... (father), state:
19    That I am the father of a child expected to be born on or
20about .... to .... (name of mother).
21    That I reside at ...., County of ...., and State of .....
22    That I am of the age of .... years.
23    That I do hereby surrender and entrust the entire custody

 

 

SB1999- 54 -LRB103 30669 KTG 57130 b

1and control of such child to the .... (the "Agency"), a
2(public) (licensed) child welfare agency with its principal
3office in the City of ...., County of .... and State of ....,
4for the purpose of enabling it to care for and supervise the
5care of such child, to place such child for adoption and to
6consent to the legal adoption of such child, and that I have
7not previously executed a consent or surrender with respect to
8such child.
9    That I hereby grant to the Agency full power and authority
10to place such child with any person or persons it may in its
11sole discretion select to become the adopting parent or
12parents and to consent to the legal adoption of such child by
13such person or persons; and to take any and all measures which,
14in the judgment of the Agency, may be for the best interests of
15such child, including authorizing medical, surgical and dental
16care and treatment, including inoculation and anaesthesia for
17such child.
18    That I wish to and understand that by signing this
19surrender I do irrevocably and permanently give up all custody
20and other parental rights I have to such child.
21    That I understand I cannot under any circumstances, after
22signing this surrender, change my mind and revoke or cancel
23this surrender or obtain or recover custody or any other
24rights over such child, except that I have the right to revoke
25this surrender by giving written notice of my revocation not
26later than 72 hours after the birth of such child.

 

 

SB1999- 55 -LRB103 30669 KTG 57130 b

1    That I have read and understand the above and I am signing
2it as my free and voluntary act.
3    Dated (insert date).
4........................
 
5    E. The form of consent required from the parents for the
6adoption of an adult, when such adult elects to obtain such
7consent, shall be substantially as follows:
 
8
CONSENT

 
9    I, ...., (father) (mother) of ...., an adult, state:
10    That I reside at ...., County of .... and State of .....
11    That I do hereby consent and agree to the adoption of such
12adult by .... and .....
13    Dated (insert date).
14.........................
 
15    F. The form of consent required for the adoption of a child
16of the age of 14 years or over, or of an adult, to be given by
17such person, shall be substantially as follows:
 
18
CONSENT

 
19    I, ...., state:
20    That I reside at ...., County of .... and State of .....

 

 

SB1999- 56 -LRB103 30669 KTG 57130 b

1That I am of the age of .... years. That I hereby enter my
2appearance in this proceeding and waive service of summons on
3me. That I consent and agree to my adoption by .... and .....
4    Dated (insert date).
5........................
 
6    G. The form of consent given by an agency to the adoption
7by specified persons of a child previously surrendered to it
8shall set forth that the agency has the authority to execute
9such consent. The form of consent given by a guardian of the
10person of a child sought to be adopted, appointed by a court of
11competent jurisdiction, shall set forth the facts of such
12appointment and the authority of the guardian to execute such
13consent.
14    H. A consent (other than that given by an agency, or
15guardian of the person of the child sought to be adopted who
16was appointed by a court of competent jurisdiction) shall be
17acknowledged by a parent before a judge of a court of competent
18jurisdiction or, except as otherwise provided in this Act,
19before a representative of an agency, or before a person,
20other than the attorney for the prospective adoptive parent or
21parents, designated by a court of competent jurisdiction.
22    I. A surrender, or any other document equivalent to a
23surrender, by which a child is surrendered to an agency shall
24be acknowledged by the person signing such surrender, or other
25document, before a judge of a court of competent jurisdiction,

 

 

SB1999- 57 -LRB103 30669 KTG 57130 b

1or, except as otherwise provided in this Act, before a
2representative of an agency, or before a person designated by
3a court of competent jurisdiction.
4    J. The form of the certificate of acknowledgment for a
5consent, a surrender, or any other document equivalent to a
6surrender, shall be substantially as follows:
 
7STATE OF ....)
8             ) SS.
9COUNTY OF ...)
10    I, .... (Name of judge or other person), .... (official
11title, name and location of court or status or position of
12other person), certify that ...., personally known to me to be
13the same person whose name is subscribed to the foregoing
14(consent) (surrender), appeared before me this day in person
15and acknowledged that (she) (he) signed and delivered such
16(consent) (surrender) as (her) (his) free and voluntary act,
17for the specified purpose.
18    I have fully explained that by signing such (consent)
19(surrender) (she) (he) is irrevocably relinquishing all
20parental rights to such child or adult and (she) (he) has
21stated that such is (her) (his) intention and desire. (Add if
22Consent only) I am further satisfied that, before signing this
23Consent, ........ has read, or has had read to him or her, the
24Birth Parent Rights and Responsibilities-Private Form.
25    Dated (insert date).

 

 

SB1999- 58 -LRB103 30669 KTG 57130 b

1    Signature ...............
 
2    K. When the execution of a consent or a surrender is
3acknowledged before someone other than a judge, such other
4person shall have his or her signature on the certificate
5acknowledged before a notary public, in form substantially as
6follows:
 
7STATE OF ....)
8             ) SS.
9COUNTY OF ...)
10    I, a Notary Public, in and for the County of ......, in the
11State of ......, certify that ...., personally known to me to
12be the same person whose name is subscribed to the foregoing
13certificate of acknowledgment, appeared before me in person
14and acknowledged that (she) (he) signed such certificate as
15(her) (his) free and voluntary act and that the statements
16made in the certificate are true.
17    Dated (insert date).
18    
Signature ...................... Notary Public
19
(official seal)

 
20    There shall be attached a certificate of magistracy, or
21other comparable proof of office of the notary public
22satisfactory to the court, to a consent signed and
23acknowledged in another state.

 

 

SB1999- 59 -LRB103 30669 KTG 57130 b

1    L. A surrender or consent executed and acknowledged
2outside of this State, either in accordance with the law of
3this State or in accordance with the law of the place where
4executed, is valid.
5    M. Where a consent or a surrender is signed in a foreign
6country, the execution of such consent shall be acknowledged
7or affirmed in a manner conformable to the law and procedure of
8such country.
9    N. If the person signing a consent or surrender is in the
10military service of the United States, the execution of such
11consent or surrender may be acknowledged before a commissioned
12officer and the signature of such officer on such certificate
13shall be verified or acknowledged before a notary public or by
14such other procedure as is then in effect for such division or
15branch of the armed forces.
16    O. (1) The parent or parents of a child in whose interests
17a petition under Section 2-13 of the Juvenile Court Act of 1987
18is pending may, with the approval of the designated
19representative of the Department of Children and Family
20Services ("Department" or "DCFS"), execute a consent to
21adoption by a specified person or persons:
22        (a) in whose physical custody the child has resided
23    for at least 6 months; or
24        (b) in whose physical custody at least one sibling of
25    the child who is the subject of this consent has resided
26    for at least 6 months, and the child who is the subject of

 

 

SB1999- 60 -LRB103 30669 KTG 57130 b

1    this consent is currently residing in this foster home; or
2        (c) in whose physical custody a child under one year
3    of age has resided for at least 3 months.
4    The court may waive the time frames in subdivisions (a),
5(b), and (c) for good cause shown if the court finds it to be
6in the child's best interests.
7    A consent under this subsection O shall be acknowledged by
8a parent pursuant to subsection H and subsection K of this
9Section.
10    (2) The final and irrevocable consent to adoption by a
11specified person or persons in a Department of Children and
12Family Services (DCFS) case shall be substantially as follows:
 
13
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
14
A SPECIFIED PERSON OR PERSONS: DCFS CASE

 
15    I, ......................................, the
16.................. mother or father (circle one) of a male or
17female (circle one) child, state:
18        1. My child ............................ (name of
19    child) was born on ..... (insert date) at
20    .................... Hospital in the City/Town of
21    ........., in ................ County, State of
22    ...............
23        2. I reside at ......................, County of
24    ............. and State of ..............

 

 

SB1999- 61 -LRB103 30669 KTG 57130 b

1        Mail may also be sent to me at this address
2    ............................, in care of
3    .................
4        My home telephone number is......................
5        My cell telephone number is......................
6        My e-mail address is.................................
7        3. I, ..........................., am .... years old.
8        4. I enter my appearance in this action for my child to
9    be adopted by the person or persons specified herein by me
10    and waive service of summons on me in this action only.
11        5. I hereby acknowledge that I have been provided a
12    copy of the Birth Parent Rights and Responsibilities in
13    Illinois for Final and Irrevocable Consents to Adoption by
14    a Specified Person or Persons for DCFS Cases before
15    signing this Consent and that I have had time to read this
16    form or have it read to me and that I understand the rights
17    and responsibilities described in this form. I understand
18    that if I do not receive any of my rights as described in
19    the form, it shall not constitute a basis to revoke this
20    Final and Irrevocable Consent to Adoption by a Specified
21    Person or Persons.
22        6. I do hereby consent and agree to the adoption of
23    such child by .......... (names of current foster
24    parent(s) or caregiver(s), hereinafter referred to as the
25    "specified person or persons") only.
26        7. I wish to sign this consent and I understand that by

 

 

SB1999- 62 -LRB103 30669 KTG 57130 b

1    signing this consent I irrevocably and permanently give up
2    all my parental rights I have to my child.
3        8. I understand that this consent allows my child to
4    be adopted by the specified person or persons only and
5    that I cannot under any circumstances after signing this
6    document change my mind and revoke or cancel this consent.
7        9. I understand that this consent will be void if:
8            (a) the Department places my child with someone
9        other than the specified person or persons; or
10            (b) a court denies the adoption petition for the
11        specified person or persons to adopt my child; or
12            (c) the DCFS Guardianship Administrator refuses to
13        consent to my child's adoption by the specified person
14        or persons on the basis that the adoption is not in my
15        child's best interests.
16        I understand that if this consent is void I have
17    parental rights to my child, subject to any applicable
18    court orders including those entered under Article II of
19    the Juvenile Court Act of 1987, unless and until I sign a
20    new consent or surrender or my parental rights are
21    involuntarily terminated. I understand that if this
22    consent is void, my child may be adopted by someone other
23    than the specified person or persons only if I sign a new
24    consent or surrender, or my parental rights are
25    involuntarily terminated. I understand that if this
26    consent is void, the Department will notify me within 30

 

 

SB1999- 63 -LRB103 30669 KTG 57130 b

1    days using the addresses and telephone numbers I provided
2    in paragraph 2 of this form. I understand that if I receive
3    such a notice, it is very important that I contact the
4    Department immediately, and preferably within 30 days, to
5    have input into the plan for my child's future.
6        10. I understand that if a petition for adoption of my
7    child is filed by someone other than the specified person
8    or persons, the Department will notify me within 14 days
9    after the Department becomes aware of the petition. The
10    fact that someone other than the specified person or
11    persons files a petition to adopt my child does not make
12    this consent void.
13        11. If a person other than the specified person or
14    persons files a petition to adopt my child or if the
15    consent is void under paragraph 9, the Department will
16    send written notice to me using the mailing address and
17    email address provided by me in paragraph 2 of this form.
18    The Department will also contact me using the telephone
19    numbers I provided in paragraph 2 of this form. It is very
20    important that I let the Department know if any of my
21    contact information changes. If I do not let the
22    Department know if any of my contact information changes,
23    I understand that I may not receive notification from the
24    Department if this consent is void or if someone other
25    than the specified person or persons files a petition to
26    adopt my child. If any of my contact information changes,

 

 

SB1999- 64 -LRB103 30669 KTG 57130 b

1    I should immediately notify:
2        Caseworker's name and telephone number:
3    ............................................................;
4        Agency name, address, zip code, and telephone number:
5    ............................................................;
6        Supervisor's name and telephone number:
7    ............................................................;
8    DCFS Advocacy Office for Children and Families:
9    800-232-3798.
10        12. I expressly acknowledge that paragraph 9 (and
11    paragraphs 8a and 8b, if applicable) do not impair the
12    validity and finality of this consent under any
13    circumstances.
14        13. I have read and understand the above and I am
15    signing it as my free and voluntary act.
16        Dated (insert date).
17        .............................................
18        Signature of parent
 
19    (3) If the parent consents to an adoption by 2 specified
20persons, then the form shall contain 2 additional paragraphs
21in substantially the following form:
22        8a. I understand that I cannot change my mind or
23    revoke this consent or recover custody of my child on the
24    basis that the specified persons divorce or are granted a
25    dissolution of a civil union or that one of the specified

 

 

SB1999- 65 -LRB103 30669 KTG 57130 b

1    persons has died.
2        8b. I understand that if the specified persons get a
3    divorce or are granted a dissolution of a civil union
4    before the petition to adopt my child is granted, this
5    consent remains valid only for ............... (name only
6    one specified person) to adopt my child.
7        8c. I understand that if either of the specified
8    persons dies before the petition to adopt my child is
9    granted, this consent remains valid for the surviving
10    person to adopt my child.
11    (4) The form of the certificate of acknowledgement for a
12Final and Irrevocable Consent for Adoption by a Specified
13Person or Persons: DCFS Case shall be substantially as
14follows:
 
15STATE OF ..............)
16                       ) SS.
17COUNTY OF .............)
 
18    I, .................... (Name of Judge or other person),
19..................... (official title, name, and address),
20certify that ............., personally known to me to be the
21same person whose name is subscribed to the foregoing Final
22and Irrevocable Consent for Adoption by a Specified Person or
23Persons: DCFS Case, appeared before me this day in person and
24acknowledged that (she)(he) signed and delivered the consent

 

 

SB1999- 66 -LRB103 30669 KTG 57130 b

1as (her)(his) free and voluntary act, for the specified
2purpose.
3    I have fully explained that by signing this consent this
4parent is irrevocably and permanently relinquishing all
5parental rights to the child so that the child may be adopted
6by a specified person or persons, and this parent has stated
7that such is (her)(his) intention and desire. I have fully
8explained that this consent is void only if:
9        (a) the placement is disrupted and the child is moved
10    to a different placement; or
11        (b) a court denies the petition for adoption; or
12        (c) the Department of Children and Family Services
13    Guardianship Administrator refuses to consent to the
14    child's adoption by a specified person or persons on the
15    basis that the adoption is not in the child's best
16    interests.
17    Dated (insert date).
18    ...............................
19    Signature
 
20    (5) If a consent to adoption by a specified person or
21persons is executed in this form, the following provisions
22shall apply. The consent shall be valid only for the specified
23person or persons to adopt the child. The consent shall be void
24if:
25        (a) the placement disrupts and the child is moved to

 

 

SB1999- 67 -LRB103 30669 KTG 57130 b

1    another placement; or
2        (b) a court denies the petition for adoption; or
3        (c) the Department of Children and Family Services
4    Guardianship Administrator refuses to consent to the
5    child's adoption by the specified person or persons on the
6    basis that the adoption is not in the child's best
7    interests.
8    If the consent is void under this Section, the parent
9shall not need to take further action to revoke the consent. No
10proceeding for termination of parental rights shall be brought
11unless the parent who executed the consent to adoption by a
12specified person or persons has been notified of the
13proceedings pursuant to Section 7 of this Act or subsection
14(4) of Section 2-13 of the Juvenile Court Act of 1987.
15    (6) The Department of Children and Family Services is
16authorized to promulgate rules necessary to implement this
17subsection O.
18    (7) (Blank).
19    (8) The Department of Children and Family Services shall
20promulgate a rule and procedures regarding Consents to
21Adoption by a Specified Person or Persons in DCFS cases. The
22rule and procedures shall provide for the development of the
23Birth Parent Rights and Responsibilities Form for DCFS Cases.
24    (9) A consent to adoption by specified persons on this
25consent form shall have no effect on a court's determination
26of custody or visitation under the Illinois Marriage and

 

 

SB1999- 68 -LRB103 30669 KTG 57130 b

1Dissolution of Marriage Act or the Illinois Religious Freedom
2Protection and Civil Union Act if the marriage or civil union
3of the specified persons is dissolved after the adoption is
4final.
5    P. If the person signing a consent is incarcerated or
6detained in a correctional facility, prison, jail, detention
7center, or other comparable institution, either in this State
8or any other jurisdiction, the execution of such consent may
9be acknowledged before social service personnel of such
10institution, or before a person designated by a court of
11competent jurisdiction.
12    Q. A consent may be acknowledged telephonically, via
13audiovisual connection, or other electronic means, provided
14that a court of competent jurisdiction has entered an order
15approving the execution of the consent in such manner and has
16designated an individual to be physically present with the
17parent executing such consent in order to verify the identity
18of the parent.
19    R. An agency whose representative is acknowledging a
20consent pursuant to this Section shall be a public child
21welfare agency, or a child welfare agency, or a child placing
22agency that is authorized or licensed in the State or
23jurisdiction in which the consent is signed.
24    S. The form of waiver by a putative or legal father of a
25born or unborn child shall be substantially as follows:
 

 

 

SB1999- 69 -LRB103 30669 KTG 57130 b

1
FINAL AND IRREVOCABLE
2
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

 
3    I, ...................., state under oath or affirm as
4follows:
5        1. That the biological mother ............... has
6    named me as a possible biological or legal father of her
7    minor child who was born, or is expected to be born on
8    ..........., ......, in the City/Town of........., State
9    of ...........
10        2. That I understand that the biological mother
11    ............. intends to or has placed the child for
12    adoption.
13        3. That I reside at ................, in the City/Town
14    of..........., State of ................
15        4. That I am ................ years of age and my date
16    of birth is ..............., .............
17        5. That I (select one):
18            ..... am married to the biological mother.
19            ..... am not married to the biological mother and
20        have not been married to the biological mother within
21        300 days before the child's birth or expected date of
22        child's birth.
23            ..... am not currently married to the biological
24        mother, but was married to the biological mother,
25        within 300 days before the child's birth or expected

 

 

SB1999- 70 -LRB103 30669 KTG 57130 b

1        date of child's birth.
2        6. That I (select one):
3            ..... neither admit nor deny that I am the
4        biological father of the child.
5            ..... deny that I am the biological father of the
6        child.
7        7. That I hereby agree to the termination of my
8    parental rights, if any, without further notice to me of
9    any proceeding for the adoption of the minor child, even
10    if I have taken any action to establish parental rights or
11    take any such action in the future including registering
12    with any putative father registry.
13        8. That I understand that by signing this Waiver I do
14    irrevocably and permanently give up all custody and other
15    parental rights I may have to such child.
16        9. That I understand that this Waiver is FINAL AND
17    IRREVOCABLE and that I am permanently barred from
18    contesting any proceeding for the adoption of the child
19    after I sign this Waiver.
20        10. That I waive any further service of summons or
21    other pleadings in any proceeding to terminate parental
22    rights, if any to this child, or any proceeding for
23    adoption of this child.
24        11. That I understand that if a final judgment or
25    order of adoption for this child is not entered, then any
26    parental rights or responsibilities that I may have remain

 

 

SB1999- 71 -LRB103 30669 KTG 57130 b

1    intact.
2        12. That I have read and understand the above and that
3    I am signing it as my free and voluntary act.
 
4    Dated: ..................., ..............
5    ...........................................
6    Signature
 
7
OATH
8I have been duly sworn and I state under oath that I have read
9and understood this Final and Irrevocable Waiver of Parental
10Rights of Putative or Legal Father. The facts contained in it
11are true and correct to the best of my knowledge. I have signed
12this document as my free and voluntary act in order to
13facilitate the adoption of the child.
 
14..............................
15Signature
 
16Signed and Sworn before me on
17this ............ day
18of ..........., 20....
 
19...................
20Notary Public
21(Source: P.A. 99-833, eff. 1-1-17; 100-1060, eff. 1-1-19.)

 

 

SB1999- 72 -LRB103 30669 KTG 57130 b

1 INDEX
2 Statutes amended in order of appearance
3    305 ILCS 5/5-1.7 new
4    325 ILCS 2/5
5    325 ILCS 2/10
6    325 ILCS 2/20
7    325 ILCS 2/22
8    325 ILCS 2/35
9    325 ILCS 2/37
10    325 ILCS 2/40
11    325 ILCS 2/50
12    325 ILCS 2/55
13    410 ILCS 527/20
14    750 ILCS 46/602
15    750 ILCS 50/4.1from Ch. 40, par. 1506
16    750 ILCS 50/10from Ch. 40, par. 1512