Sen. Sara Feigenholtz
Filed: 3/3/2023
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1 | AMENDMENT TO SENATE BILL 2134
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2 | AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Adoption Act is amended by changing | ||||||
5 | Section 18.3 as follows:
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6 | (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
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7 | (Text of Section before amendment by P.A. 102-825 )
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8 | Sec. 18.3. (a) The agency, Department of Children and | ||||||
9 | Family Services,
Court Supportive Services, Juvenile Division | ||||||
10 | of the Circuit Court, and any
other party to the
surrender of a | ||||||
11 | child for adoption or in an adoption proceeding shall inform | ||||||
12 | any birth parent or parents relinquishing a child for
purposes | ||||||
13 | of
adoption after the effective date of this Act of the | ||||||
14 | opportunity to register with the Illinois Adoption Registry | ||||||
15 | and Medical Information Exchange and to utilize the Illinois | ||||||
16 | confidential intermediary program and shall obtain a written |
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1 | confirmation that acknowledges the birth parent's receipt of | ||||||
2 | such information.
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3 | The birth parent shall be informed in writing that if | ||||||
4 | contact or exchange of identifying
information with the adult | ||||||
5 | adopted or surrendered person
is to occur, that adult adopted | ||||||
6 | or surrendered person must be 21 years of age or
over except as | ||||||
7 | referenced in paragraph (d) of this Section.
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8 | (b) Any birth parent, birth sibling,
adopted or | ||||||
9 | surrendered person, adoptive parent, or legal
guardian | ||||||
10 | indicating their desire to receive
identifying or medical | ||||||
11 | information shall be informed
of the existence of the Registry | ||||||
12 | and assistance shall be given to such
person to
legally
record | ||||||
13 | his or her
name with the Registry.
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14 | (c) The agency, Department of Children and Family | ||||||
15 | Services, Court
Supportive Services, Juvenile Division of the | ||||||
16 | Circuit Court, and any other organization involved in the
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17 | surrender of a child for adoption in an adoption proceeding | ||||||
18 | which has
written statements from an adopted or surrendered | ||||||
19 | person and the birth
parent or a birth sibling indicating a | ||||||
20 | desire to share
identifying information or establish contact | ||||||
21 | shall supply such information to the mutually
consenting | ||||||
22 | parties, except that no identifying information shall be
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23 | supplied to consenting birth siblings if any such sibling is
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24 | under 21
years of age. However, both the Registry having an | ||||||
25 | Information Exchange
Authorization and the organization having | ||||||
26 | a written statement requesting the sharing of
identifying |
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1 | information or contact shall communicate with each other to | ||||||
2 | determine if
the adopted or surrendered person or the
birth | ||||||
3 | parent or
birth
sibling has signed a form at a later date | ||||||
4 | indicating a change in his or
her desires regarding the | ||||||
5 | sharing of information or contact.
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6 | (d) On and after January 1, 2000, any licensed child | ||||||
7 | welfare agency which
provides post-adoption search assistance | ||||||
8 | to adoptive parents, adopted persons,
surrendered persons,
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9 | birth parents, or other birth relatives shall require that any | ||||||
10 | person requesting
post-adoption search assistance complete an | ||||||
11 | Illinois Adoption Registry
Application prior to the | ||||||
12 | commencement of the search. However, former youth in care as | ||||||
13 | defined in Section 4d of the Children and Family Services Act | ||||||
14 | between the ages of 18 and 21 who have been surrendered or | ||||||
15 | adopted and who are seeking contact or an exchange of | ||||||
16 | information with siblings shall not be required to complete an | ||||||
17 | Illinois Adoption Registry Application prior to commencement | ||||||
18 | of the search, provided that the search is performed | ||||||
19 | consistent with applicable Sections of this Act.
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20 | (Source: P.A. 100-159, eff. 8-18-17.)
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21 | (Text of Section after amendment by P.A. 102-825 )
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22 | Sec. 18.3. (a) The agency, Department of Children and | ||||||
23 | Family Services,
Court Supportive Services, Juvenile Division | ||||||
24 | of the Circuit Court, and any
other party to the
surrender of a | ||||||
25 | child for adoption or in an adoption proceeding shall inform |
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1 | any birth parent or parents relinquishing a child for
purposes | ||||||
2 | of
adoption after the effective date of this Act of the | ||||||
3 | opportunity to register with the Illinois Adoption Registry | ||||||
4 | and Medical Information Exchange and to utilize the Illinois | ||||||
5 | confidential intermediary program and shall obtain a written | ||||||
6 | confirmation that acknowledges the birth parent's receipt of | ||||||
7 | such information.
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8 | The birth parent shall be informed in writing that if | ||||||
9 | contact or exchange of identifying
information with the adult | ||||||
10 | adopted or surrendered person
is to occur, that adult adopted | ||||||
11 | or surrendered person must be 21 years of age or
over except as | ||||||
12 | referenced in paragraph (d) of this Section.
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13 | (b) Any birth parent, birth sibling,
adopted or | ||||||
14 | surrendered person, adoptive parent, or legal
guardian | ||||||
15 | indicating their desire to receive
identifying or medical | ||||||
16 | information shall be informed
of the existence of the Registry | ||||||
17 | and assistance shall be given to such
person to
legally
record | ||||||
18 | his or her
name with the Registry.
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19 | (c) The agency, Department of Children and Family | ||||||
20 | Services, Court
Supportive Services, Juvenile Division of the | ||||||
21 | Circuit Court, and any other organization involved in the
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22 | surrender of a child for adoption in an adoption proceeding | ||||||
23 | which has
written statements from an adopted or surrendered | ||||||
24 | person and the birth
parent or a birth sibling indicating a | ||||||
25 | desire to share
identifying information or establish contact | ||||||
26 | shall supply such information to the mutually
consenting |
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1 | parties, except that no identifying information shall be
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2 | supplied to consenting birth siblings if any such sibling is
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3 | under 21
years of age. However, both the Registry having an | ||||||
4 | Information Exchange
Authorization and the organization having | ||||||
5 | a written statement requesting the sharing of
identifying | ||||||
6 | information or contact shall communicate with each other to | ||||||
7 | determine if
the adopted or surrendered person or the
birth | ||||||
8 | parent or
birth
sibling has signed a form at a later date | ||||||
9 | indicating a change in his or
her desires regarding the | ||||||
10 | sharing of information or contact.
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11 | (d) On and after January 1, 2000, any licensed child | ||||||
12 | welfare agency which
provides post-adoption search assistance | ||||||
13 | to adoptive parents, adopted persons,
surrendered persons,
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14 | birth parents, or other birth relatives shall require that any | ||||||
15 | person requesting
post-adoption search assistance complete an | ||||||
16 | Illinois Adoption Registry
Application prior to the | ||||||
17 | commencement of the search. However, former youth in care as | ||||||
18 | defined in Section 4d of the Children and Family Services Act | ||||||
19 | who have been surrendered or adopted who are (i) between the | ||||||
20 | ages of 18 and 21 and who are seeking contact or an exchange of | ||||||
21 | information with siblings, birth relatives, former foster | ||||||
22 | parents, or former foster siblings or (ii) over the age of 21 | ||||||
23 | who are seeking contact with former foster parents or former | ||||||
24 | foster siblings shall not be required to complete an Illinois | ||||||
25 | Adoption Registry Application prior to commencement of the | ||||||
26 | search, provided that the search is performed consistent with |
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1 | applicable Sections of this Act. | ||||||
2 | (e) A confidential intermediary shall be permitted to | ||||||
3 | access records of closed child welfare agencies that are
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4 | housed in the State Central Storage, in addition to the
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5 | information allowed to be requested in paragraph (g) from
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6 | adoption agencies, if the petitioner is an adult adopted or
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7 | surrendered person, or the adoptive parent of an adult adopted
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8 | person under the age of 21, or the adoptive parent of a
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9 | deceased adopted or surrendered person, and the confidential
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10 | intermediary may request any non-identifying information,
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11 | including any available medical information about the adopted
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12 | or surrendered person from birth through adoption, any
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13 | non-identifying information described in Section 18.4, and the
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14 | 18.3 statement.
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15 | (Source: P.A. 102-825, eff. 7-1-23.)
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16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.".
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