093_HB2504enr

 
HB2504 Enrolled                      LRB093 07707 LCB 07895 b

 1        AN ACT concerning confidential intermediaries.

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

 4        Section 5.  The  Adoption  Act  is  amended  by  changing
 5    Sections 18.2, 18.3a, and 18.4 as follows:

 6        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
 7        Sec. 18.2. Forms.
 8        (a)  The   form   of   the   Birth   Parent  Registration
 9    Identification Form shall be substantially as follows:
10              BIRTH PARENT REGISTRATION IDENTIFICATION
11                   (Insert all known information)
12    I, ....., state that I am the ...... (mother  or  father)  of
13    the following child:
14        Child's original name: ..... (first) ..... (middle) .....
15             (last),  .....  (hour  of  birth),  .....  (date  of
16             birth), ..... (city and state of birth), ..... (name
17             of hospital).
18        Father's  full name: ...... (first) ...... (middle) .....
19             (last), ..... (date of birth), ..... (city and state
20             of birth).
21        Name of  mother  inserted  on  birth  certificate:  .....
22             (first)  .....  (middle) ..... (last), ..... (race),
23             ..... (date of birth), ......  (city  and  state  of
24             birth).
25    That  I  surrendered  my  child  to:  .............  (name of
26        agency),  .....  (city  and  state  of   agency),   .....
27        (approximate date child surrendered).
28    That  I  placed  my  child by private adoption: ..... (date),
29        ...... (city and state).
30    Name of adoptive parents, if known: ......
31    Other identifying information: .....
 
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 1                                         ........................
 2                                            (Signature of parent)
 3    ............                         ........................
 4    (date)                               (printed name of parent)

 5        (b)  The  form  of  the   Adopted   Person   Registration
 6    Identification shall be substantially as follows:
 7                           ADOPTED PERSON
 8                     REGISTRATION IDENTIFICATION
 9                   (Insert all known information)
10    I, ....., state the following:
11        Adopted   Person's  present  name:  .....  (first)  .....
12             (middle) ..... (last).
13        Adopted Person's name at birth (if known): .....  (first)
14             .....  (middle)  .....  (last),  ..... (birth date),
15             ..... (city and state of birth), ...... (sex), .....
16             (race).
17        Name of adoptive father:  .....  (first)  .....  (middle)
18             ..... (last), ..... (race).
19        Maiden  name  of  adoptive  mother:  .....  (first) .....
20             (middle) ..... (last), ..... (race).
21        Name of birth mother  (if  known):  .....  (first)  .....
22             (middle) ..... (last), ..... (race).
23        Name  of  birth  father  (if  known): ..... (first) .....
24             (middle) ..... (last), ..... (race).
25        Name(s) at birth of  sibling(s)  having  a  common  birth
26             parent  with adoptee (if known): ..... (first) .....
27             (middle) ..... (last), .....  (race),  and  name  of
28             common  birth  parent:  ..... (first) ..... (middle)
29             ..... (last), ..... (race).
30    I was adopted through: ..... (name of agency).
31    I was adopted privately: ..... (state "yes" if known).
32    I was adopted in ..... (city and state),  .....  (approximate
33        date).
34    Other identifying information: .............
 
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 1                                           ......................
 2                                           (signature of adoptee)
 3    ...........                         .........................
 4    (date)                              (printed name of adoptee)

 5        (c)  The  form  of  the  Surrendered  Person Registration
 6    Identification shall be substantially as follows:
 7                   SURRENDERED PERSON REGISTRATION
 8                           IDENTIFICATION
 9                   (Insert all known information)
10    I, ....., state the following:
11        Surrendered Person's present name:  .....  (first)  .....
12             (middle) ..... (last).
13        Surrendered  Person's  name  at  birth  (if known): .....
14             (first) .....  (middle)  .....  (last),  .....(birth
15             date),  .....  (city  and  state  of  birth), ......
16             (sex), ..... (race).
17        Name of guardian father:  .....  (first)  .....  (middle)
18             ..... (last), ..... (race).
19        Maiden  name  of  guardian  mother:  .....  (first) .....
20             (middle) ..... (last), ..... (race).
21        Name of birth mother  (if  known):  .....  (first)  .....
22             (middle) ..... (last) ..... (race).
23        Name  of  birth  father  (if  known): ..... (first) .....
24             (middle) ..... (last), .....(race).
25        Name(s) at birth of  sibling(s)  having  a  common  birth
26             parent  with  surrendered  person  (if known): .....
27             (first) ..... (middle) ..... (last),  .....  (race),
28             and name of common birth parent: ..... (first) .....
29             (middle) ..... (last), ..... (race).
30    I was surrendered for adoption to: ..... (name of agency).
31    I  was  surrendered  for  adoption in ..... (city and state),
32        ..... (approximate date).
33    Other identifying information: ............
34                                 ................................
 
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 1                                (signature of surrendered person)
 2    ............                           ......................
 3    (date)                                (printed name of person
 4                                        surrendered for adoption)

 5        (d)  The form of the Information  Exchange  Authorization
 6    shall be substantially as follows:
 7                 INFORMATION EXCHANGE AUTHORIZATION
 8        I,  .....,  state  that I am the person who completed the
 9    Registration Identification; that I am of the  age  of  .....
10    years;  that  I  hereby  authorize  the  Department of Public
11    Health  to  give  to  my  (birth  parent)   (birth   sibling)
12    (surrendered   child)   the   following   (please  check  the
13    information authorized for exchange):
14             [  ]  1.  Only my name and last known address.
15             [  ]  2.  A copy of my  Illinois  Adoption  Registry
16        Application.
17             [  ]  3.  A copy of the original certificate of live
18        birth.
19        I  am  fully  aware  that I can only be supplied with any
20    information  about  my   (birth   parent)   (birth   sibling)
21    (surrendered  child)  if  such  person  has  duly executed an
22    Information Exchange Authorization for such information which
23    has not been revoked; that I can be contacted by writing  to:
24    .....  (own  name  or  name  of  person to contact) (address)
25    (phone number).
26        Dated (insert date).
27    ............                                   ..............
28    (witness)                                         (signature)

29        (e)  The form of the Denial of Information Exchange shall
30    be substantially as follows:
31                   DENIAL OF INFORMATION EXCHANGE
32        I, ....., state that I am the person  who  completed  the
33    Registration  Identification;  that  I am of the age of .....
 
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 1    years; that I hereby instruct the Department of Public Health
 2    not to give any identifying information about me to my (birth
 3    parent) (birth sibling) (surrendered child); that  I  do  not
 4    wish to be contacted.
 5        Dated (insert date).
 6    .............                                 ...............
 7    (witness)                                         (signature)

 8        (f)  The   Information  Exchange  Authorization  and  the
 9    Denial of Information Exchange shall be acknowledged  by  the
10    birth  parent,  birth sibling, adopted or surrendered person,
11    adoptive parent, or legal guardian before a notary public, in
12    form substantially as follows:
13    State of ..............
14    County of .............
15        I, a Notary Public, in and for the said  County,  in  the
16    State  aforesaid,  do  hereby  certify  that  ...............
17    personally  known  to  me to be the same person whose name is
18    subscribed to the foregoing certificate  of  acknowledgement,
19    appeared  before  me  in  person and acknowledged that (he or
20    she) signed  such  certificate  as  (his  or  her)  free  and
21    voluntary act and that the statements in such certificate are
22    true.
23        Given under my hand and notarial seal on (insert date).
24                                        .........................
25                                                 (signature)

26        (g)  When   the  execution  of  an  Information  Exchange
27    Authorization  or  a  Denial  of  Information   Exchange   is
28    acknowledged  before  a  representative  of  an  agency, such
29    representative shall have his signature on  said  Certificate
30    acknowledged before a notary public, in form substantially as
31    follows:
32    State of..........
33    County of.........
 
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 1        I,  a  Notary  Public, in and for the said County, in the
 2    State aforesaid, do  hereby  certify  that  .....  personally
 3    known to me to be the same person whose name is subscribed to
 4    the foregoing certificate of acknowledgement, appeared before
 5    me  in  person  and acknowledged that (he or she) signed such
 6    certificate as (his or her) free and voluntary act  and  that
 7    the statements in such certificate are true.
 8        Given under my hand and notarial seal on (insert date).
 9                                          .......................
10                                                   (signature)

11        (h)  When  an  Illinois  Adoption  Registry  Application,
12    Information Exchange Authorization or a Denial of Information
13    Exchange  is  executed in a foreign country, the execution of
14    such document shall be acknowledged  or  affirmed  before  an
15    officer of the United States consular services.
16        (i)  If   the  person  signing  an  Information  Exchange
17    Authorization or a Denial of Information is in  the  military
18    service  of the United States, the execution of such document
19    may be acknowledged before a  commissioned  officer  and  the
20    signature  of  such  officer  on  such  certificate  shall be
21    verified or acknowledged before a notary public  or  by  such
22    other  procedure  as  is  then in effect for such division or
23    branch of the armed forces.
24        (j)  The Department shall modify these forms as necessary
25    to implement the provisions of this amendatory  Act  of  1999
26    including  creating  Registration  Identification  Forms  for
27    non-surrendered  birth  siblings,  adoptive parents and legal
28    guardians.
29    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

30        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
31        Sec.  18.3a.  Confidential  intermediary.    (a)  General
32    purposes.  Notwithstanding  any  other provision of this Act,
33    any adopted person 21 years of  age  or  over,  any  adoptive
 
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 1    parent  or  legal guardian of an adopted person under the age
 2    of 21, or any birth parent of an adopted  person  who  is  21
 3    years  of age or over may petition the court in any county in
 4    the State of  Illinois  for  appointment  of  a  confidential
 5    intermediary  as  provided in this Section for the purpose of
 6    exchanging medical information  with  one  or  more  mutually
 7    consenting   biological   relatives,   obtaining  identifying
 8    information about one or more mutually consenting  biological
 9    relatives,  or  arranging  contact  with one or more mutually
10    consenting biological relatives. Additionally, in cases where
11    an adopted or surrendered person is deceased, an adult  child
12    of  the  adopted  or  surrendered  person may file a petition
13    under this Section and in cases where  the  birth  parent  is
14    deceased,  an adult birth sibling of the adopted person or of
15    the  deceased  birth  parent  may  file a petition under this
16    Section for the purpose  of  exchanging  medical  information
17    with  one  or  more mutually consenting biological relatives,
18    obtaining identifying information about one or more  mutually
19    consenting  biological  relatives,  or arranging contact with
20    one or more mutually consenting biological relatives.
21        (b)  Petition. Upon petition  by  an  adopted  person  21
22    years of age or over, an adoptive parent or legal guardian of
23    an  adopted  person under the age of 21, or a birth parent of
24    an adopted person who is 21 years of age or over,  the  court
25    shall  appoint a confidential intermediary.  Upon petition by
26    an adult child of an adopted person who is deceased or by  an
27    adult  birth  sibling of an adopted person whose birth parent
28    is deceased or by an adult sibling of a birth parent  who  is
29    deceased,  the  court may appoint a confidential intermediary
30    if the court finds that the disclosure is of greater  benefit
31    than nondisclosure. The petition shall state which biological
32    relative  or relatives are being sought and shall indicate if
33    the petitioner wants to do any one or more of the  following:
34    exchange  medical information with the biological relative or
 
HB2504 Enrolled            -8-       LRB093 07707 LCB 07895 b
 1    relatives, obtain identifying information from the biological
 2    relative  or  relatives,  or  to  arrange  contact  with  the
 3    biological relative.
 4        (c)  Order.  The  order   appointing   the   confidential
 5    intermediary  shall  allow  that  intermediary  to  conduct a
 6    search for  the  sought-after  relative  by  accessing  those
 7    records described in subsection (g) of this Section.
 8        (d)  Fees  and  expenses.  The  court shall condition the
 9    appointment  of  the   confidential   intermediary   on   the
10    petitioner's  payment of the intermediary's fees and expenses
11    in  advance  of  the  commencement  of  the   work   of   the
12    confidential intermediary.
13        (e)  Eligibility  of  intermediary. The court may appoint
14    as  confidential  intermediary  either  an  employee  of  the
15    Illinois  Department  of   Children   and   Family   Services
16    designated  by  the  Department  to  serve as such, any other
17    person certified by the Department as qualified to serve as a
18    confidential intermediary, or  any  employee  of  a  licensed
19    child  welfare agency certified by the agency as qualified to
20    serve as a confidential intermediary.  Certification shall be
21    dependent upon the  confidential  intermediary  completing  a
22    course  of training including, but not limited to, applicable
23    federal and State privacy laws.
24        (f)  Confidential Intermediary Council.  There  shall  be
25    established  under  the  Department  of  Children  and Family
26    Services a Confidential Intermediary Advisory  Council.   One
27    member   shall  be  an  attorney  representing  the  Attorney
28    General's Office appointed  by  the  Attorney  General.   One
29    member   shall   be   a   currently   certified  confidential
30    intermediary appointed by the Director of the  Department  of
31    Children  and  Family  Services.    The  Director  shall also
32    appoint   5   additional   members.    When   making    those
33    appointments,  the  Director  shall  consider  advocates  for
34    adopted persons, adoptive parents, birth parents, lawyers who
 
HB2504 Enrolled            -9-       LRB093 07707 LCB 07895 b
 1    represent  clients in private adoptions, lawyers specializing
 2    in privacy law, and representatives of agencies  involved  in
 3    adoptions.   The  Director shall appoint one of the 7 members
 4    as the chairperson.   An  attorney  from  the  Department  of
 5    Children   and   Family  Services  and  the  person  directly
 6    responsible for administering the  confidential  intermediary
 7    program shall serve as ex-officio, non-voting advisors to the
 8    Council.   Council  members  shall serve at the discretion of
 9    the Director and shall receive  no  compensation  other  than
10    reasonable  expenses  approved  by the Director.  The Council
11    shall  meet  no  less  than  twice  yearly,  and  shall  make
12    recommendations to the Director regarding the development  of
13    rules,  procedures,  and forms that will ensure efficient and
14    effective operation of the confidential intermediary process,
15    including:
16             (1)  Standards for  certification  for  confidential
17        intermediaries.
18             (2)  Oversight   of  methods  used  to  verify  that
19        intermediaries are complying with the appropriate laws.
20             (3)  Training   for   confidential   intermediaries,
21        including training with  respect  to  federal  and  State
22        privacy laws.
23             (4)  The     relationship    between    confidential
24        intermediaries  and  the  court  system,  including   the
25        development  of  sample  orders defining the scope of the
26        intermediaries' access to information.
27             (5)  Any recent violations of policy  or  procedures
28        by   confidential   intermediaries  and  remedial  steps,
29        including decertification, to prevent future violations.
30        (g)  Access.  Subject to the  limitations  of  subsection
31    (i) of this Section, the confidential intermediary shall have
32    access  to  vital  records  maintained  by  the Department of
33    Public Health and its local designees for the maintenance  of
34    vital  records  and  all records of the court or any adoption
 
HB2504 Enrolled            -10-      LRB093 07707 LCB 07895 b
 1    agency, public or private, which relate to  the  adoption  or
 2    the  identity  and location of an adopted person, of an adult
 3    child of a deceased adopted person, or  of  a  birth  parent,
 4    birth  sibling,  or  the  sibling of a deceased birth parent.
 5    The confidential intermediary shall not have  access  to  any
 6    personal  health  information  protected by the Standards for
 7    Privacy  of  Individually  Identifiable  Health   Information
 8    adopted  by  the U.S. Department of Health and Human Services
 9    under the Health Insurance Portability and Accountability Act
10    of 1996 unless the  confidential  intermediary  has  obtained
11    written  consent  from  the person whose information is being
12    sought or, if that person is a  minor  child,  that  person's
13    parent  or  guardian.   Confidential  intermediaries shall be
14    authorized  to  inspect   confidential   relinquishment   and
15    adoption records.  The confidential intermediary shall not be
16    authorized  to  access  medical  records,  financial records,
17    credit records, banking records, home studies, attorney  file
18    records,  or  other  personal records. In cases where a birth
19    parent is being sought, an adoption agency shall  inform  the
20    confidential  intermediary of any statement filed pursuant to
21    Section 18.3 indicating a desire of  the  surrendering  birth
22    parent  to have identifying information shared or to not have
23    identifying  information  shared.   If  there  was  a   clear
24    statement  of  intent by the sought-after birth parent not to
25    have  identifying  information   shared,   the   confidential
26    intermediary  shall  discontinue  the  search  and inform the
27    petitioning party  of  the  sought-after  relative's  intent.
28    Additional   information   provided   to   the   confidential
29    intermediary by an adoption agency shall be restricted to the
30    full name, date of birth, place of birth, last known address,
31    and  last known telephone number of the sought-after relative
32    or, if  applicable,  of  the  children  or  siblings  of  the
33    sought-after relative.
34        (h)  Adoption     agency     disclosure     of    medical
 
HB2504 Enrolled            -11-      LRB093 07707 LCB 07895 b
 1    information.  If the petitioner is an adult adopted person or
 2    the adoptive parent of a minor  and  if  the  petitioner  has
 3    signed  a  written authorization to disclose personal medical
 4    information, an adoption agency disclosing information  to  a
 5    confidential  intermediary  shall  disclose available medical
 6    information about  the  adopted  person  from  birth  through
 7    adoption.
 8        (i)  Duties  of confidential intermediary in conducting a
 9    search. In  conducting  a  search  under  this  Section,  the
10    confidential  intermediary  shall first confirm that there is
11    no Denial of Information Exchange on file with  the  Illinois
12    Adoption  Registry. If the petitioner is an adult child of an
13    adopted person who is deceased, the confidential intermediary
14    shall additionally confirm that the adopted  person  did  not
15    file  a  Denial  of  Information  Exchange  with the Illinois
16    Adoption Registry during his or her life. If  the  petitioner
17    is  an  adult  birth sibling of an adopted person or an adult
18    sibling of a birth parent who is deceased,  the  confidential
19    intermediary shall additionally confirm that the birth parent
20    did  not  file  a  Denial  of  Information  Exchange with the
21    Registry  during  his  or  her  life.   If  the  confidential
22    intermediary learns that a sought-after birth parent signed a
23    statement  indicating  his  or  her  intent   not   to   have
24    identifying  information  shared,  and  did not later file an
25    Information  Exchange   Authorization   with   the   Adoption
26    Registry, the confidential intermediary shall discontinue the
27    search and inform the petitioning party of the birth parent's
28    intent.
29        In   conducting   a   search   under  this  Section,  the
30    confidential  intermediary  shall  attempt  to   locate   the
31    relative  or relatives from whom the petitioner has requested
32    information. If the  sought-after  relative  is  deceased  or
33    cannot  be  located after a diligent search, the confidential
34    intermediary may contact adult biological  relatives  of  the
 
HB2504 Enrolled            -12-      LRB093 07707 LCB 07895 b
 1    sought-after relative.
 2        The    confidential    intermediary   shall   contact   a
 3    sought-after relative on behalf of the petitioner in a manner
 4    that respects the sought-after relative's privacy  and  shall
 5    inform  the sought-after relative of the petitioner's request
 6    for medical information, identifying information  or  contact
 7    as  stated  in  the  petition.  Based  upon  the terms of the
 8    petitioner's request,  the  confidential  intermediary  shall
 9    contact  a  sought-after relative on behalf of the petitioner
10    and  inform  the  sought-after  relative  of  the   following
11    options:
12        (1)  The  sought-after relative may totally reject one or
13    all of the  requests  for  medical  information,  identifying
14    information  or  contact.  The sought-after relative shall be
15    informed that they can provide a medical questionnaire to  be
16    forwarded to the petitioner without releasing any identifying
17    information.  The  confidential intermediary shall inform the
18    petitioner of the sought-after relative's decision to  reject
19    the sharing of information or contact.
20        (2)  The  sought-after relative may consent to completing
21    a medical questionnaire only. In this case, the  confidential
22    intermediary  shall  provide  the  questionnaire  and ask the
23    sought-after  relative  to  complete  it.  The   confidential
24    intermediary shall forward the completed questionnaire to the
25    petitioner  and  inform  the  petitioner  of the sought-after
26    relative's desire to not provide any additional information.
27        (3)  The sought-after relative may communicate  with  the
28    petitioner  without  having his or her identity disclosed. In
29    this case, the confidential intermediary  shall  arrange  the
30    desired  communication in a manner that protects the identity
31    of the sought-after relative. The  confidential  intermediary
32    shall  inform  the  petitioner of the sought-after relative's
33    decision to communicate but not disclose his or her identity.
34        (4)  The sought after relative may  consent  to  initiate
 
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 1    contact  with  the petitioner. If both the petitioner and the
 2    sought-after relative or relatives are eligible  to  register
 3    with   the   Illinois  Adoption  Registry,  the  confidential
 4    intermediary shall provide the  necessary  application  forms
 5    and  request that the sought-after relative register with the
 6    Illinois Adoption Registry. If either the petitioner  or  the
 7    sought-after relative or relatives are ineligible to register
 8    with   the   Illinois  Adoption  Registry,  the  confidential
 9    intermediary shall obtain written consents from both  parties
10    that they wish to disclose their identities to each other and
11    to have contact with each other.
12        (j)  Oath.  The  confidential  intermediary shall sign an
13    oath  of  confidentiality  substantially  as   follows:   "I,
14    ..........,  being  duly  sworn, on oath depose and say: As a
15    condition of appointment as a  confidential  intermediary,  I
16    affirm that:
17             (1)  I will not disclose to the petitioner, directly
18        or  indirectly,  any confidential information except in a
19        manner consistent with the law.
20             (2)  I  recognize  that  violation  of   this   oath
21        subjects me to civil liability and to a potential finding
22        of contempt of court. ................................
23    SUBSCRIBED  AND  SWORN  to  before  me,  a  Notary Public, on
24    (insert date)
25    ................................."
26        (k)  Sanctions.
27             (1)  Any confidential  intermediary  who  improperly
28        discloses    confidential   information   identifying   a
29        sought-after relative shall be liable to the sought-after
30        relative for damages and may also be found in contempt of
31        court.
32             (2)  Any person who learns a sought-after relative's
33        identity, directly or  indirectly,  through  the  use  of
34        procedures  provided  in  this Section and who improperly
 
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 1        discloses  information   identifying   the   sought-after
 2        relative shall be liable to the sought-after relative for
 3        actual damages plus minimum punitive damages of $10,000.
 4             (3)  The  Department  shall  fine  any  confidential
 5        intermediary   who   improperly   discloses  confidential
 6        information in violation of  item  (1)  or  (2)  of  this
 7        subsection  (k)  an  amount  up  to  $2,000  per improper
 8        disclosure.  This fine does not  affect  civil  liability
 9        under  item  (2)  of this subsection (k).  The Department
10        shall deposit all fines  and  penalties  collected  under
11        this  Section  into  the  Illinois  Adoption Registry and
12        Medical Information Fund.
13        (l)  Death of person being  sought.  Notwithstanding  any
14    other provision of this Act, if the confidential intermediary
15    discovers  that  the  person being sought has died, he or she
16    shall report this fact to the court, along with a copy of the
17    death certificate.
18        (m)  Any  confidential  information   obtained   by   the
19    confidential  intermediary  during  the  course of his or her
20    search shall be kept strictly confidential and shall be  used
21    for  the  purpose of arranging contact between the petitioner
22    and the sought-after birth relative. At the time the case  is
23    closed,  all identifying information shall be returned to the
24    court for inclusion in the impounded adoption file.
25        (n)  If the petitioner is an adopted person 21  years  of
26    age  or  over  or the adoptive parent or legal guardian of an
27    adopted person under  the  age  of  21,  any  non-identifying
28    information,  as defined in Section 18.4, that is ascertained
29    during the course of the search may be given  in  writing  to
30    the petitioner before the case is closed.
31        (o)  Except   as  provided  in  subsection  (k)  of  this
32    Section, no liability shall accrue to the  State,  any  State
33    agency,  any judge, any officer or employee of the court, any
34    certified confidential intermediary, or any agency designated
 
HB2504 Enrolled            -15-      LRB093 07707 LCB 07895 b
 1    to  oversee  confidential  intermediary  services  for  acts,
 2    omissions, or efforts made in good faith within the scope  of
 3    this Section.
 4        (a)  General   purposes.    Notwithstanding   any   other
 5    provision  of this Act, any adopted person over the age of 21
 6    or any adoptive parent or legal guardian of an adopted person
 7    under the age of 21 may petition the court for appointment of
 8    a confidential intermediary as provided in this  Section  for
 9    the  purpose of obtaining from one or both birth parents or a
10    sibling  or  siblings  of  the  adopted  person   information
11    concerning    the    background   of   a   psychological   or
12    genetically-based medical problem experienced or which may be
13    expected to be experienced  in  the  future  by  the  adopted
14    person or obtaining assistance in treating such a problem.
15        (b)  Petition.   The  court  shall appoint a confidential
16    intermediary for the purposes described in subsection (f)  if
17    the petitioner shows the following:
18             (1)  the  adopted  person  is  suffering  or  may be
19        expected to suffer in the future from a  life-threatening
20        or  substantially  incapacitating physical illness of any
21        nature,  or  a   psychological   disturbance   which   is
22        substantially incapacitating but not life-threatening, or
23        a  mental  illness  which,  in the opinion of a physician
24        licensed to practice medicine in all its branches, is  or
25        could be genetically based to a significant degree;
26             (2)  the  treatment  of  the  adopted person, in the
27        opinion of a physician licensed to practice  medicine  in
28        all  of  its  branches,  would  be materially assisted by
29        information obtainable from the birth  parents  or  might
30        benefit  from  the  provision  of  organs or other bodily
31        tissues, materials, or fluids by  the  birth  parents  or
32        other close biological relatives; and
33             (3)  there   is   neither  an  Information  Exchange
34        Authorization nor a Denial of Information Exchange  filed
 
HB2504 Enrolled            -16-      LRB093 07707 LCB 07895 b
 1        in the Registry as provided in Section 18.1.
 2        The  affidavit  or  testimony  of  the treating physician
 3    shall be conclusive on the issue of the  utility  of  contact
 4    with  the  birth  parents  unless  the  court  finds that the
 5    relationship between  the  illness  to  be  treated  and  the
 6    alleged need for contact is totally without foundation.
 7        (c)  Fees  and  expenses.   The court shall condition the
 8    appointment of the confidential intermediary on  the  payment
 9    of  the  intermediary's  fees and expenses in advance, unless
10    the intermediary waives the right to full advance payment  or
11    to any reimbursement at all.
12        (d)  Eligibility  of intermediary.  The court may appoint
13    as  confidential  intermediary  either  an  employee  of  the
14    Illinois  Department  of   Children   and   Family   Services
15    designated  by  the  Department  to  serve as such, any other
16    person certified by the Department as qualified to serve as a
17    confidential intermediary, or  any  employee  of  a  licensed
18    child  welfare agency certified by the agency as qualified to
19    serve as a confidential intermediary.
20        (e)  Access.  Notwithstanding any other provision of law,
21    the  confidential  intermediary  shall  have  access  to  all
22    records of the court or any agency, public or private,  which
23    relate  to  the  adoption or the identity and location of any
24    birth parent.
25        (f)  Purposes of contact.  The confidential  intermediary
26    has only the following powers and duties:
27             (1)  To  contact  one  or both birth parents, inform
28        the parent or parents of the basic medical problem of the
29        adopted person and  the  nature  of  the  information  or
30        assistance  sought  from the birth parent, and inform the
31        parent or parents of the following options:
32                  (A)  The birth parent may  totally  reject  the
33             request  for assistance or information, or both, and
34             no disclosure of identity or location shall be  made
 
HB2504 Enrolled            -17-      LRB093 07707 LCB 07895 b
 1             to the petitioner.
 2                  (B)  The  birth  parent may file an Information
 3             Exchange Authorization as provided in Section  18.1.
 4             The  confidential  intermediary shall explain to the
 5             birth parent the  consequences  of  such  a  filing,
 6             including  that  the birth parent's identity will be
 7             available for discovery by the  adopted  person.  If
 8             the   birth   parent  agrees  to  this  option,  the
 9             confidential intermediary shall  supply  the  parent
10             with the appropriate forms, shall be responsible for
11             their  immediate filing with the Registry, and shall
12             inform the petitioner of their filing.
13                  (C)  If the birth parent wishes to provide  the
14             information  or  assistance sought but does not wish
15             his or  her  identity  disclosed,  the  confidential
16             intermediary shall arrange for the disclosure of the
17             information  or  the  provision  of assistance in as
18             confidential a manner as possible so as  to  protect
19             the  privacy  of  the  birth parent and minimize the
20             likelihood  of  disclosure  of  the  birth  parent's
21             identity.
22             (2)  If a birth parent so desires, to arrange for  a
23        confidential communication with the treating physician to
24        discuss   the  need  for  the  requested  information  or
25        assistance.
26             (3)  If  a  birth  parent  agrees  to  provide   the
27        information  or  assistance sought but wishes to maintain
28        his or her privacy, to arrange for the provision  of  the
29        information   or   assistance  to  the  physician  in  as
30        confidential a manner as possible so as  to  protect  the
31        privacy  of  the birth parent and minimize the likelihood
32        of disclosure of the birth parent's identity.
33        (g)  Oath.  The confidential intermediary shall  sign  an
34    oath of confidentiality substantially as follows:
 
HB2504 Enrolled            -18-      LRB093 07707 LCB 07895 b
 1             "I, .........., being duly sworn, on oath depose and
 2        say:   As  a  condition  of appointment as a confidential
 3        intermediary, I affirm that:
 4             (1)  I will not disclose to the petitioner, directly
 5        or indirectly, any  information  about  the  identity  or
 6        location  of  the  birth parent whose assistance is being
 7        sought for medical reasons except in a manner  consistent
 8        with the law.
 9             (2)  I   recognize   that  violation  of  this  oath
10        subjects me to civil liability  and  to  being  found  in
11        contempt of court.
12                                 ................................

13             SUBSCRIBED  AND SWORN to before me, a Notary Public,
14        on (insert date).
15                                ................................"
16        (h)  Sanctions.
17             (1)  Any confidential  intermediary  who  improperly
18        discloses information identifying a birth parent shall be
19        liable  to  the  birth parent for damages and may also be
20        found in contempt of court.
21             (2)  Any  person  who  learns   a   birth   parent's
22        identity,  directly  or  indirectly,  through  the use of
23        procedures provided in this Section  and  who  improperly
24        discloses  information identifying the birth parent shall
25        be liable to the birth parent  for  actual  damages  plus
26        minimum punitive damages of $10,000.
27        (i)  Death  of  birth  parent.  Notwithstanding any other
28    provision of  this  Act,  if  the  confidential  intermediary
29    discovers  that  the  person  whose  assistance is sought has
30    died, he or she shall report this fact to  the  court,  along
31    with a copy of the death certificate.
32    (Source: P.A. 91-357, eff. 7-29-99; 91-417, eff. 1-1-00.)

33        (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
 
HB2504 Enrolled            -19-      LRB093 07707 LCB 07895 b
 1        Sec.  18.4.   (a)  The agency, Department of Children and
 2    Family Services, Court Supportive Services, Juvenile Division
 3    of the Circuit  Court,  or  the  Probation  Officers  of  the
 4    Circuit Court involved in the adoption proceedings shall give
 5    in  writing  the  following  non-identifying  information, if
 6    known, to the adoptive parents not later  than  the  date  of
 7    placement  with the petitioning adoptive parents:  (i) age of
 8    biological parents; (ii)  their  race,  religion  and  ethnic
 9    background;  (iii)  general physical appearance of biological
10    parents; (iv) their education, occupation, hobbies, interests
11    and talents; (v) existence of any other children born to  the
12    biological   parents;   (vi)   information  about  biological
13    grandparents; reason for emigrating into the  United  States,
14    if  applicable,  and  country  of  origin; (vii) relationship
15    between biological parents; and (viii) detailed  medical  and
16    mental health histories of the child, the biological parents,
17    and  their  immediate relatives; and (ix) the actual date and
18    place  of  birth  of  the  adopted   person.    However,   no
19    information provided under this subsection shall disclose the
20    name  or  last  known  address  of  the  biological  parents,
21    grandparents,  the  siblings  of  the biological parents, the
22    adopted person, or any other relative of the adopted person.
23        (b)  Any adoptee 18 years of age or over shall  be  given
24    the information in subsection (a) upon request.
25        (c)  The  Illinois  Adoption  Registry  shall release any
26    non-identifying information listed in  (a)  of  this  Section
27    that  appears  on  the  certified  copy of the original birth
28    certificate or the Certificate  of  Adoption  to  an  adopted
29    person,   adoptive   parent,  or  legal  guardian  who  is  a
30    registrant of the Illinois Adoption Registry.
31        (d)  The Illinois Adoption  Registry  shall  release  the
32    actual date and place of birth of an adopted person who is 21
33    years of age or over  to the birth parent if the birth parent
34    is  a  registrant  of  the Illinois Adoption Registry and has
 
HB2504 Enrolled            -20-      LRB093 07707 LCB 07895 b
 1    completed a Medical Information Exchange Authorization.
 2        (e)  The  Illinois  Adoption   Registry   shall   release
 3    information regarding the date the adoption was finalized and
 4    the county in which the adoption was finalized to a certified
 5    confidential intermediary upon submission of a court order.
 6        (f)  In   cases  where  the  Illinois  Adoption  Registry
 7    possesses information indicating that an adopted  person  who
 8    is  21 years of age or over was adopted in a state other than
 9    Illinois or a country  other  than  the  United  States,  the
10    Illinois  Adoption  Registry  shall  release  the name of the
11    state or country where the adoption  was  finalized  and,  if
12    available,   the   agency  involved  in  the  adoption  to  a
13    registrant of the Illinois Adoption  Registry,  provided  the
14    registrant  is  not  the  subject  of a Denial of Information
15    Exchange  and  the  registrant  has   completed   a   Medical
16    Information Exchange Authorization.
17        (g)  (c)  Any  of the above available information for any
18    adoption proceedings completed before the effective  date  of
19    this  Act  shall  be  supplied  to the adoptive parents or an
20    adoptee 18 years of age or over upon request.
21        (h) (d)  The agency, Department of  Children  and  Family
22    Services, Court Supportive Services, Juvenile Division of the
23    Circuit  Court,  the  Probation Officers of the Circuit Court
24    and any other governmental bodies having  any  of  the  above
25    information  shall  retain  the  file until the adoptee would
26    have reached the age of 99 years.
27    (Source: P.A. 87-617.)