Rep. Sara Feigenholtz

Filed: 4/5/2005

 

 


 

 


 
09400HB3628ham001 LRB094 10953 RAS 44411 a

1
AMENDMENT TO HOUSE BILL 3628

2     AMENDMENT NO. ______. Amend House Bill 3628 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Child Care Act of 1969 is amended by
5 changing Sections 2, 2.05, 2.08, 4, 7, 8, 11, 11.1, and 12 and
6 by adding Sections 2.24, 2.25, 7.4, 7.5, 7.6, 7.7, 7.8, 8.3,
7 8.4, 9.1a, 9.1b, 14.6, and 14.7 as follows:
 
8     (225 ILCS 10/2)  (from Ch. 23, par. 2212)
9     Sec. 2. Terms used in this Act, unless the context
10 otherwise requires, have the meanings ascribed to them in
11 Sections 2.01 through 2.25 2.21.
12 (Source: P.A. 86-278; 86-386.)
 
13     (225 ILCS 10/2.05)  (from Ch. 23, par. 2212.05)
14     Sec. 2.05. "Facility for child care" or "child care
15 facility" means any person, group of persons, agency,
16 association, or organization, corporation, institution,
17 center, or group, whether established for gain or otherwise,
18 who or which receives or arranges for care or placement of one
19 or more children, unrelated to the operator of the facility,
20 apart from the parents, with or without the transfer of the
21 right of custody in any facility as defined in this Act,
22 established and maintained for the care of children. "Child
23 care facility" includes a relative who is licensed as a foster

 

 

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1 family home under Section 4 of this Act.
2 (Source: P.A. 89-21, eff. 7-1-95.)
 
3     (225 ILCS 10/2.08)  (from Ch. 23, par. 2212.08)
4     Sec. 2.08.
5     "Child welfare agency" means a public or private child care
6 facility, receiving any child or children for the purpose of
7 placing or arranging for the placement or free care of the
8 child or children in foster family homes, unlicensed
9 pre-adoptive and adoptive homes, or other facilities for child
10 care, apart from the custody of the child's or children's
11 parents. The term "child welfare agency" includes all agencies
12 established and maintained by a municipality or other political
13 subdivision of the State of Illinois to protect, guard, train
14 or care for children outside their own homes and all agencies,
15 persons, groups of persons, associations, organizations,
16 corporations, institutions, centers, or groups providing
17 adoption services, but does not include any circuit court or
18 duly appointed juvenile probation officer or youth counselor of
19 the court, who receives and places children under an order of
20 the court.
21 (Source: P.A. 76-63.)
 
22     (225 ILCS 10/2.24 new)
23     Sec. 2.24. "Adoption services" includes any one or more of
24 the following services performed for any type of compensation
25 or thing of value, directly or indirectly: (i) arranging for
26 the placement of or placing out a child, (ii) identifying a
27 child for adoption, (iii) matching adoptive parents with birth
28 parents, (iv) arranging or facilitating an adoption, (v) taking
29 or acknowledging consents or surrenders for termination of
30 parental rights for purposes of adoption, as defined in the
31 Adoption Act, (vi) performing background studies on a child or
32 adoptive parents, (vii) making determinations of the best

 

 

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1 interests of a child and the appropriateness of adoptive
2 placement for the child, or (viii) post-placement monitoring of
3 a child prior to adoption. "Adoption services" does not include
4 the following: (i) the provision of legal services by a
5 licensed attorney for which the attorney must be licensed as an
6 attorney under Illinois law, (ii) adoption-related services
7 performed by public governmental entities or entities or
8 persons performing investigations by court appointment as
9 described in subsection A of Section 6 of the Adoption Act,
10 (iii) prospective adoptive parents operating on their own
11 behalf, (iv) the provision of general education and training on
12 adoption-related topics, or (v) post-adoption services,
13 including supportive services to families to promote the
14 well-being of members of adoptive families or birth families.
 
15     (225 ILCS 10/2.25 new)
16     Sec. 2.25. "Unlicensed pre-adoptive and adoptive home"
17 means any home that is not licensed by the Department as a
18 foster family home and that receives a child or children for
19 the purpose of adopting the child or children.
 
20     (225 ILCS 10/4)  (from Ch. 23, par. 2214)
21     Sec. 4. License requirement; application; notice.
22     (a) Any person, group of persons or corporation who or
23 which receives children or arranges for care or placement of
24 one or more children unrelated to the operator must apply for a
25 license to operate one of the types of facilities defined in
26 Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
27 relative who receives a child or children for placement by the
28 Department on a full-time basis may apply for a license to
29 operate a foster family home as defined in Section 2.17 of this
30 Act.
31     (a-5) Any agency, person, group of persons, association,
32 organization, corporation, institution, center, or group

 

 

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1 providing adoption services must be licensed by the Department
2 as a child welfare agency as defined in Section 2.08 of this
3 Act. "Providing adoption services" as used in this Act,
4 includes facilitating or engaging in adoption services.
5     (b) Application for a license to operate a child care
6 facility must be made to the Department in the manner and on
7 forms prescribed by it. An application to operate a foster
8 family home shall include, at a minimum: a completed written
9 form; written authorization by the applicant and all adult
10 members of the applicant's household to conduct a criminal
11 background investigation; medical evidence in the form of a
12 medical report, on forms prescribed by the Department, that the
13 applicant and all members of the household are free from
14 communicable diseases or physical and mental conditions that
15 affect their ability to provide care for the child or children;
16 the names and addresses of at least 3 persons not related to
17 the applicant who can attest to the applicant's moral
18 character; and fingerprints submitted by the applicant and all
19 adult members of the applicant's household.
20     (c) The Department shall notify the public when a child
21 care institution, maternity center, or group home licensed by
22 the Department undergoes a change in (i) the range of care or
23 services offered at the facility, (ii) the age or type of
24 children served, or (iii) the area within the facility used by
25 children. The Department shall notify the public of the change
26 in a newspaper of general circulation in the county or
27 municipality in which the applicant's facility is or is
28 proposed to be located.
29     (d) If, upon examination of the facility and investigation
30 of persons responsible for care of children, the Department is
31 satisfied that the facility and responsible persons reasonably
32 meet standards prescribed for the type of facility for which
33 application is made, it shall issue a license in proper form,
34 designating on that license the type of child care facility

 

 

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1 and, except for a child welfare agency, the number of children
2 to be served at any one time.
3     (e) The Department shall not issue or renew the license of
4 any child welfare agency providing adoption services, unless
5 the agency (i) is officially recognized by the United States
6 Internal Revenue Service as a tax-exempt organization
7 described in Section 501(c)(3) of the Internal Revenue Code of
8 1986 (or any successor provision of federal tax law) and (ii)
9 is in compliance with all of the standards necessary to
10 maintain its status as an organization described in Section
11 501(c)(3) of the Internal Revenue Code of 1986 (or any
12 successor provision of federal tax law). The Department shall
13 grant a grace period of 24 months from the effective date of
14 this amendatory Act of the 94th General Assembly for existing
15 child welfare agencies providing adoption services to obtain
16 501(c)(3) status. The Department shall permit an existing child
17 welfare agency that converts from its current structure in
18 order to be recognized as a 501(c)(3) organization as required
19 by this Section to either retain its current license or
20 transfer its current license to a newly formed entity, if the
21 creation of a new entity is required in order to comply with
22 this Section, provided that the child welfare agency
23 demonstrates that it continues to meet all other licensing
24 requirements and that the principal officers and directors and
25 programs of the converted child welfare agency or newly
26 organized child welfare agency are substantially the same as
27 the original.
28 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97; 90-608,
29 eff. 6-30-98.)
 
30     (225 ILCS 10/7)  (from Ch. 23, par. 2217)
31     Sec. 7. (a) The Department must prescribe and publish
32 minimum standards for licensing that apply to the various types
33 of facilities for child care defined in this Act and that are

 

 

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1 equally applicable to like institutions under the control of
2 the Department and to foster family homes used by and under the
3 direct supervision of the Department. The Department shall seek
4 the advice and assistance of persons representative of the
5 various types of child care facilities in establishing such
6 standards. The standards prescribed and published under this
7 Act take effect as provided in the Illinois Administrative
8 Procedure Act, and are restricted to regulations pertaining to
9 the following matters and to any rules and regulations required
10 or permitted by any other Section of this Act:
11         (1) The operation and conduct of the facility and
12     responsibility it assumes for child care;
13         (2) The character, suitability and qualifications of
14     the applicant and other persons directly responsible for
15     the care and welfare of children served. All child day care
16     center licensees and employees who are required to report
17     child abuse or neglect under the Abused and Neglected Child
18     Reporting Act shall be required to attend training on
19     recognizing child abuse and neglect, as prescribed by
20     Department rules;
21         (3) The general financial ability and competence of the
22     applicant to provide necessary care for children and to
23     maintain prescribed standards;
24         (4) The number of individuals or staff required to
25     insure adequate supervision and care of the children
26     received. The standards shall provide that each child care
27     institution, maternity center, day care center, group
28     home, day care home, and group day care home shall have on
29     its premises during its hours of operation at least one
30     staff member certified in first aid, in the Heimlich
31     maneuver and in cardiopulmonary resuscitation by the
32     American Red Cross or other organization approved by rule
33     of the Department. Child welfare agencies shall not be
34     subject to such a staffing requirement. The Department may

 

 

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1     offer, or arrange for the offering, on a periodic basis in
2     each community in this State in cooperation with the
3     American Red Cross, the American Heart Association or other
4     appropriate organization, voluntary programs to train
5     operators of foster family homes and day care homes in
6     first aid and cardiopulmonary resuscitation;
7         (5) The appropriateness, safety, cleanliness and
8     general adequacy of the premises, including maintenance of
9     adequate fire prevention and health standards conforming
10     to State laws and municipal codes to provide for the
11     physical comfort, care and well-being of children
12     received;
13         (6) Provisions for food, clothing, educational
14     opportunities, program, equipment and individual supplies
15     to assure the healthy physical, mental and spiritual
16     development of children served;
17         (7) Provisions to safeguard the legal rights of
18     children served;
19         (8) Maintenance of records pertaining to the
20     admission, progress, health and discharge of children,
21     including, for day care centers and day care homes, records
22     indicating each child has been immunized as required by
23     State regulations. The Department shall require proof that
24     children enrolled in a facility have been immunized against
25     Haemophilus Influenzae B (HIB);
26         (9) Filing of reports with the Department;
27         (10) Discipline of children;
28         (11) Protection and fostering of the particular
29     religious faith of the children served;
30         (12) Provisions prohibiting firearms on day care
31     center premises except in the possession of peace officers;
32         (13) Provisions prohibiting handguns on day care home
33     premises except in the possession of peace officers or
34     other adults who must possess a handgun as a condition of

 

 

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1     employment and who reside on the premises of a day care
2     home;
3         (14) Provisions requiring that any firearm permitted
4     on day care home premises, except handguns in the
5     possession of peace officers, shall be kept in a
6     disassembled state, without ammunition, in locked storage,
7     inaccessible to children and that ammunition permitted on
8     day care home premises shall be kept in locked storage
9     separate from that of disassembled firearms, inaccessible
10     to children;
11         (15) Provisions requiring notification of parents or
12     guardians enrolling children at a day care home of the
13     presence in the day care home of any firearms and
14     ammunition and of the arrangements for the separate, locked
15     storage of such firearms and ammunition.
16     (b) If, in a facility for general child care, there are
17 children diagnosed as mentally ill, mentally retarded or
18 physically handicapped, who are determined to be in need of
19 special mental treatment or of nursing care, or both mental
20 treatment and nursing care, the Department shall seek the
21 advice and recommendation of the Department of Human Services,
22 the Department of Public Health, or both Departments regarding
23 the residential treatment and nursing care provided by the
24 institution.
25     (c) The Department shall investigate any person applying to
26 be licensed as a foster parent to determine whether there is
27 any evidence of current drug or alcohol abuse in the
28 prospective foster family. The Department shall not license a
29 person as a foster parent if drug or alcohol abuse has been
30 identified in the foster family or if a reasonable suspicion of
31 such abuse exists, except that the Department may grant a
32 foster parent license to an applicant identified with an
33 alcohol or drug problem if the applicant has successfully
34 participated in an alcohol or drug treatment program, self-help

 

 

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1 group, or other suitable activities.
2     (d) The Department, in applying standards prescribed and
3 published, as herein provided, shall offer consultation
4 through employed staff or other qualified persons to assist
5 applicants and licensees in meeting and maintaining minimum
6 requirements for a license and to help them otherwise to
7 achieve programs of excellence related to the care of children
8 served. Such consultation shall include providing information
9 concerning education and training in early childhood
10 development to providers of day care home services. The
11 Department may provide or arrange for such education and
12 training for those providers who request such assistance.
13     (e) The Department shall distribute copies of licensing
14 standards to all licensees and applicants for a license. Each
15 licensee or holder of a permit shall distribute copies of the
16 appropriate licensing standards and any other information
17 required by the Department to child care facilities under its
18 supervision. Each licensee or holder of a permit shall maintain
19 appropriate documentation of the distribution of the
20 standards. Such documentation shall be part of the records of
21 the facility and subject to inspection by authorized
22 representatives of the Department.
23     (f) The Department shall prepare summaries of day care
24 licensing standards. Each licensee or holder of a permit for a
25 day care facility shall distribute a copy of the appropriate
26 summary and any other information required by the Department,
27 to the legal guardian of each child cared for in that facility
28 at the time when the child is enrolled or initially placed in
29 the facility. The licensee or holder of a permit for a day care
30 facility shall secure appropriate documentation of the
31 distribution of the summary and brochure. Such documentation
32 shall be a part of the records of the facility and subject to
33 inspection by an authorized representative of the Department.
34     (g) The Department shall distribute to each licensee and

 

 

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1 holder of a permit copies of the licensing or permit standards
2 applicable to such person's facility. Each licensee or holder
3 of a permit shall make available by posting at all times in a
4 common or otherwise accessible area a complete and current set
5 of licensing standards in order that all employees of the
6 facility may have unrestricted access to such standards. All
7 employees of the facility shall have reviewed the standards and
8 any subsequent changes. Each licensee or holder of a permit
9 shall maintain appropriate documentation of the current review
10 of licensing standards by all employees. Such records shall be
11 part of the records of the facility and subject to inspection
12 by authorized representatives of the Department.
13     (h) Any standards involving physical examinations,
14 immunization, or medical treatment shall include appropriate
15 exemptions for children whose parents object thereto on the
16 grounds that they conflict with the tenets and practices of a
17 recognized church or religious organization, of which the
18 parent is an adherent or member, and for children who should
19 not be subjected to immunization for clinical reasons.
20 (Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97; 89-648,
21 eff. 8-9-96; 90-14, eff. 7-1-97.)
 
22     (225 ILCS 10/7.4 new)
23     Sec. 7.4. Disclosures.
24     (a) Every child welfare agency providing adoption services
25 and licensed by the Department shall provide to all prospective
26 clients and to the public written disclosures with respect to
27 its adoption services, policies, and practices, including
28 general eligibility criteria, fees, and the mutual rights and
29 responsibilities of clients, including birth parents and
30 adoptive parents. The written disclosure shall be posted on any
31 website maintained by the child welfare agency that relates to
32 adoption services. The Department shall adopt rules relating to
33 the contents of the written disclosures.

 

 

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1     (b) Every licensed child welfare agency providing adoption
2 services shall provide to all applicants, prior to application,
3 a written schedule of estimated fees, expenses, and refund
4 policies. Every child welfare agency providing adoption
5 services shall have a written policy that shall be part of its
6 standard adoption contract and state that it will not charge
7 additional fees and expenses beyond those disclosed in the
8 adoption contract unless additional fees are reasonably
9 required by the circumstances and are disclosed to the adoptive
10 parents or parent before they are incurred. The Department
11 shall adopt rules relating to the contents of the written
12 schedule and policy.
13     (c) Every licensed child welfare agency providing adoption
14 services must make full and fair disclosure to its clients,
15 including birth parents and adoptive parents, of all
16 circumstances material to the placement of a child for
17 adoption. The Department shall adopt rules necessary for the
18 implementation and regulation of the requirements of this
19 subsection (c).
20     (d) Every licensed child welfare agency providing adoption
21 services shall meet minimum standards set forth by the
22 Department prior to taking or acknowledging a consent from a
23 prospective birth parent. The Department shall adopt rules
24 concerning the minimum standards required by agencies under
25 this Section.
 
26     (225 ILCS 10/7.5 new)
27     Sec. 7.5. Adoptive parent training program. Every licensed
28 child welfare agency providing adoption services shall provide
29 prospective adoptive parents with a training program that
30 includes counseling and guidance for the purpose of promoting a
31 successful adoption in conjunction with placing a child for
32 adoption with the prospective adoptive parents and which must
33 be completed to the satisfaction of the licensed child welfare

 

 

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1 agency prior to the finalization of the adoption. The training
2 may be provided by an agent or independent contractor of the
3 child welfare agency or by a Department-approved training
4 individual or entity. The Department shall adopt rules
5 concerning minimum hours, content, and agency documentation of
6 the training and rules concerning the approval of individuals
7 or entities conducting training under this Section.
 
8     (225 ILCS 10/7.6 new)
9     Sec. 7.6. Annual report. Every licensed child welfare
10 agency providing adoption services shall file an annual report
11 with the Department and with the Attorney General on forms and
12 on a date prescribed by the Department. The annual report shall
13 be made available to the public by the Department and by the
14 agency. The annual report shall include all of the following
15 matters and all other matters required by the Department:
16         (1) A balance sheet and a statement of income and
17     expenses for the year, certified by an independent public
18     accountant;
19         (2) Non-identifying information concerning the
20     placements made by the agency during the year, consisting
21     of the number of adoptive families in the process of
22     obtaining a foster family license, the number of adoptive
23     families that are licensed and awaiting placement, the
24     number of biological parents that the agency is actively
25     working with, the number of placements, and the number of
26     adoptions initiated during the year and the status of each
27     matter at the end of the year;
28         (3) Any instance during the year in which the agency
29     lost the right to provide adoption services in any State or
30     country, had its license suspended for cause, or was the
31     subject of other sanctions by any court, governmental
32     agency, or governmental regulatory body relating to the
33     provision of adoption services;

 

 

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1         (4) Any actions related to licensure that were
2     initiated against the agency during the year by a licensing
3     or accrediting body;
4         (5) Any pending investigations by federal or State
5     authorities;
6         (6) Any criminal charges, child abuse charges,
7     malpractice complaints, or lawsuits against the agency or
8     any of its employees, officers, or directors related to the
9     provision of adoption services and the basis or disposition
10     of the actions;
11         (7) Any instance in the year where the agency was found
12     guilty of, or pled guilty to, any criminal or civil or
13     administrative violation under federal, State, or foreign
14     law that relates to the provision of adoption services;
15         (8) Any instance in the year where any employee,
16     officer, or director of the agency was found guilty of any
17     crime or was determined to have violated a civil law or
18     administrative rule under federal, State, or foreign law
19     relating to the provision of adoption services; and
20         (9) Any civil or administrative proceeding instituted
21     by the agency during the year and relating to adoption
22     services, excluding uncontested adoption proceedings.
23     Failure to disclose information required under this
24 Section may result in the suspension of the agency's license
25 for a period of 90 days. Subsequent violations may result in
26 revocation of the license.
27     Information disclosed in accordance with this Section
28 shall be subject to the applicable confidentiality
29 requirements of this Act and the Adoption Act.
 
30     (225 ILCS 10/7.7 new)
31     Sec. 7.7. Certain waivers prohibited. Licensed child
32 welfare agencies providing adoption services shall not require
33 biological or adoptive parents to sign any document that

 

 

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1 purports to waive claims against an agency for intentional or
2 reckless acts or omissions or for gross negligence. Nothing in
3 this Section shall require an agency to assume risks that are
4 not within the reasonable control of the agency.
 
5     (225 ILCS 10/7.8 new)
6     Sec. 7.8. Preferential treatment in child placement
7 prohibited. No licensed child welfare agency providing
8 adoption services shall give preferential treatment to its
9 board members, contributors, volunteers, employees, agents,
10 consultants, or independent contractors or to their relatives
11 with respect to the placement of a child or any matters
12 relating to adoption services. The Department shall define
13 "preferential treatment" by rule and shall adopt any rules
14 necessary to implement this Section.
 
15     (225 ILCS 10/8)  (from Ch. 23, par. 2218)
16     Sec. 8. The Department may revoke or refuse to renew the
17 license of any child care facility or child welfare agency or
18 refuse to issue full license to the holder of a permit should
19 the licensee or holder of a permit:
20     (1) fail to maintain standards prescribed and published by
21 the Department;
22     (2) violate any of the provisions of the license issued;
23     (3) furnish or make any misleading or any false statement
24 or report to the Department;
25     (4) refuse to submit to the Department any reports or
26 refuse to make available to the Department any records required
27 by the Department in making investigation of the facility for
28 licensing purposes;
29     (5) fail or refuse to submit to an investigation by the
30 Department;
31     (6) fail or refuse to admit authorized representatives of
32 the Department at any reasonable time for the purpose of

 

 

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1 investigation;
2     (7) fail to provide, maintain, equip and keep in safe and
3 sanitary condition premises established or used for child care
4 as required under standards prescribed by the Department, or as
5 otherwise required by any law, regulation or ordinance
6 applicable to the location of such facility;
7     (8) refuse to display its license or permit;
8     (9) be the subject of an indicated report under Section 3
9 of the Abused and Neglected Child Reporting Act or fail to
10 discharge or sever affiliation with the child care facility of
11 an employee or volunteer at the facility with direct contact
12 with children who is the subject of an indicated report under
13 Section 3 of that Act;
14     (10) fail to comply with the provisions of Section 7.1;
15     (11) fail to exercise reasonable care in the hiring,
16 training and supervision of facility personnel;
17     (12) fail to report suspected abuse or neglect of children
18 within the facility, as required by the Abused and Neglected
19 Child Reporting Act;
20     (13) fail to comply with Section 5.1 or 5.2 of this Act; or
21     (14) be identified in an investigation by the Department as
22 an addict or alcoholic, as defined in the Alcoholism and Other
23 Drug Abuse and Dependency Act, or be a person whom the
24 Department knows has abused alcohol or drugs, and has not
25 successfully participated in treatment, self-help groups or
26 other suitable activities, and the Department determines that
27 because of such abuse the licensee, holder of the permit, or
28 any other person directly responsible for the care and welfare
29 of the children served, does not comply with standards relating
30 to character, suitability or other qualifications established
31 under Section 7 of this Act.
32 (Source: P.A. 91-357, eff. 7-29-99; 91-413, eff. 1-1-00.)
 
33     (225 ILCS 10/8.3 new)

 

 

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1     Sec. 8.3. Tax exempt agency. The Department shall revoke
2 or refuse to renew the license of any child welfare agency
3 providing adoption services that is not (i) officially
4 recognized by the United States Internal Revenue Service as a
5 tax-exempt organization described in Section 501(c)(3) of the
6 Internal Revenue Code of 1986 (or any successor provision of
7 federal tax law) and (ii) in compliance with all of the
8 standards necessary to maintain its status as an organization
9 described in Section 501(c)(3) of the Internal Revenue Code of
10 1986 (or any successor provision of federal tax law). The
11 Department shall grant a grace period of 24 months from the
12 effective date of this amendatory Act of the 94th General
13 Assembly for existing child welfare agencies providing
14 adoption services to obtain 501(c)(3) status. The Department
15 shall permit an existing child welfare agency that converts
16 from its current structure in order to be recognized as a
17 501(c)(3) organization as required by this Section to either
18 retain its current license or transfer its current license to a
19 newly formed entity, if the creation of a new entity is
20 required in order to comply with this Section, provided that
21 the child welfare agency demonstrates that it continues to meet
22 all other licensing requirements and that the principal
23 officers and directors and programs of the converted child
24 welfare agency or newly organized child welfare agency are
25 substantially the same as the original.
 
26     (225 ILCS 10/8.4 new)
27     Sec. 8.4. Cessation or dissolution of an agency. In the
28 event that a licensed child welfare agency ceases to exist or
29 dissolves its corporate entity, or ceases to provide adoption
30 services as defined in this Act, all records pertaining to
31 adoption services, as that term is defined in Section 2.24 of
32 this Act, shall be forwarded to the Department within 30 days
33 after such cessation or dissolution.
 

 

 

09400HB3628ham001 - 17 - LRB094 10953 RAS 44411 a

1     (225 ILCS 10/9.1a new)
2     Sec. 9.1a. Complaint registry.
3     (a) The Department shall establish a complaint registry to
4 assist in the monitoring of licensed child welfare agencies
5 providing adoption services, which shall record and track the
6 resolution and disposition of substantiated licensing
7 violations.
8     (b) The Department shall establish and maintain a statewide
9 toll-free telephone number and post information on its website
10 where the public can access information contained in the
11 complaint registry, as it pertains to the past history and
12 record of any licensed child welfare agency providing adoption
13 services. This information shall include, but shall not be
14 limited to, Department substantiated licensing complaints
15 against a child welfare agency providing adoption services and
16 Department findings of any license violations against a child
17 welfare agency providing adoption services.
18     (c) Information disclosed in accordance with this Section
19 shall be subject to the applicable confidentiality
20 requirements of this Act and the Adoption Act.
 
21     (225 ILCS 10/9.1b new)
22     Sec. 9.1b. Complaint procedures. All child welfare
23 agencies providing adoption services shall be required by the
24 Department to have complaint policies and procedures that shall
25 be provided in writing to their prospective clients, including
26 biological parents, adoptive parents, and adoptees that they
27 have served, at the earliest time possible, and, in the case of
28 biological and adoptive parents, prior to placement or prior to
29 entering into any written contract with the clients. These
30 complaint procedures must be filed with the Department within 6
31 months after the effective date of this amendatory Act of the
32 94th General Assembly. Failure to comply with this Section may

 

 

09400HB3628ham001 - 18 - LRB094 10953 RAS 44411 a

1 result in the suspension of licensure for a period of 90 days.
2 Subsequent violations may result in licensure revocation. The
3 Department shall adopt rules that describe the complaint
4 procedures required by each agency. These rules shall include
5 without limitation prompt complaint response time, recording
6 of the complaints, prohibition of agency retaliation against
7 the person making the complaint, and agency reporting of all
8 complaints to the Department in a timely manner. Any agency
9 that maintains a website shall post the prescribed complaint
10 procedures and its license number, as well as the statewide
11 toll-free complaint registry telephone number, on its website.
 
12     (225 ILCS 10/11)  (from Ch. 23, par. 2221)
13     Sec. 11. Whenever the Department is advised, or has reason
14 to believe, that any person, group of persons or corporation is
15 operating a child welfare agency or a child care facility
16 without a license or permit, it shall make an investigation to
17 ascertain the facts. If the Department is denied access, it
18 shall request intervention of local, county or State law
19 enforcement agencies to seek an appropriate court order or
20 warrant to examine the premises. A person or entity preventing
21 the Department from carrying out its duties under this Section
22 shall be guilty of a violation of this Act and shall be subject
23 to such penalties related thereto. If it finds that the child
24 welfare agency or child care facility is being, or has been
25 operated without a license or permit, it shall report the
26 results of its investigation to the Attorney General, and to
27 the appropriate State's Attorney for investigation and, if
28 appropriate, prosecution.
29     Operating a child welfare agency or child care facility
30 without a license constitutes a Class A misdemeanor, followed
31 by a business offense, if the operator continues to operate the
32 facility and no effort is made to obtain a license. The
33 business offense fine shall not exceed $10,000 and each day of

 

 

09400HB3628ham001 - 19 - LRB094 10953 RAS 44411 a

1 a violation is a separate offense.
2 (Source: P.A. 85-215.)
 
3     (225 ILCS 10/11.1)  (from Ch. 23, par. 2221.1)
4     Sec. 11.1. If the Department has reasonable cause to
5 believe Upon request of the Director, the Attorney General or
6 the State's Attorney of the county in which the violation
7 occurred, shall initiate injunction proceedings whenever it
8 appears that any person, group of persons, or corporation,
9 agency, association, organization, institution, center, or
10 group is engaged or about to engage in any acts or practices
11 that which constitute or will constitute a violation of this
12 Act or any rule or regulation prescribed under authority
13 thereof, the Department shall inform the Attorney General or
14 the State's Attorney of the appropriate county, who may
15 initiate the appropriate civil or criminal proceedings. Upon a
16 proper showing, any circuit court may enter a permanent or
17 preliminary injunction or temporary restraining order without
18 bond to enforce this Act or any rule or regulation prescribed
19 thereunder in addition to the penalties and other remedies
20 provided in this Act.
21 (Source: P.A. 84-548.)
 
22     (225 ILCS 10/12)  (from Ch. 23, par. 2222)
23     Sec. 12. Advertisements.
24     (a) In this Section, "advertise" means communication by any
25 public medium originating or distributed in this State,
26 including, but not limited to, newspapers, periodicals,
27 telephone book listings, outdoor advertising signs, radio, or
28 television.
29     (b) A child care facility or child welfare agency licensed
30 or operating under a permit issued by the Department may
31 publish advertisements for the services that the facility is
32 specifically licensed or issued a permit under this Act to

 

 

09400HB3628ham001 - 20 - LRB094 10953 RAS 44411 a

1 provide. No person, group of persons, agency, association,
2 organization, corporation, institution, center, or group,
3 unless licensed or operating under a permit issued by the
4 Department as a child care facility or child welfare agency,
5 may advertise or cause to be published any advertisement
6 offering, soliciting, or promising to perform adoption
7 services as defined in Section 2.24 of this Act.
8     (c) Every advertisement under this Section shall include
9 the Department-issued license number of the facility or agency.
10     (d) Any licensed child welfare agency providing adoption
11 services that causes to be published an advertisement
12 containing misrepresentations concerning adoption services or
13 circumstances material to the placement of a child for adoption
14 is guilty of a Class A misdemeanor and shall be subject to a
15 fine not to exceed $10,000 and 9 months imprisonment for each
16 advertisement.
17     (e) This Section does not apply to a biological parent or a
18 prospective adoptive parent acting on his or her own behalf.
19     (f) This Section does not apply to a licensed attorney
20 advertising his or her availability to provide legal services
21 relating to adoption, as permitted by law.
22     (g) An out-of-state agency that has a written interagency
23 agreement with one or more Illinois licensed child welfare
24 agencies, may advertise under this Section provided that (i)
25 the out-of-state agency must be officially recognized by the
26 United States Internal Revenue Service as a tax-exempt
27 organization under 501(c)3 of the Internal Revenue Code of 1986
28 (or any successor provision of federal tax law), (ii) the
29 out-of-state agency only provides international adoption
30 services and is covered by the Intercountry Adoption Act of
31 2000, (iii) the out-of-state agency displays, in the
32 advertisement, the license number of at least one of the
33 Illinois licensed child welfare agencies with which it has a
34 written agreement, and (iv) the advertisements pertain only to

 

 

09400HB3628ham001 - 21 - LRB094 10953 RAS 44411 a

1 international adoption services. Subsection (d) of this
2 Section applies to advertisements placed by any international
3 out-of-state adoption agencies. A child care facility licensed
4 or operating under a permit issued by the Department may
5 publish advertisements of the services for which it is
6 specifically licensed or issued a permit under this Act. No
7 person, unless licensed or holding a permit as a child care
8 facility, may cause to be published any advertisement
9 soliciting a child or children for care or placement or
10 offering a child or children for care or placement.
11 (Source: P.A. 76-63.)
 
12     (225 ILCS 10/14.6 new)
13     Sec. 14.6. Agency payment of salaries or other
14 compensation.
15     (a) A licensed child welfare agency may pay salaries or
16 other compensation to its officers, employees, agents,
17 contractors, or any other persons acting on its behalf for
18 providing adoption services, provided that all of the following
19 limitations apply:
20         (1) The fees, wages, salaries, or other compensation of
21     any description paid to the officers, employees,
22     contractors, or any other person acting on behalf of a
23     child welfare agency providing adoption services shall not
24     be unreasonably high in relation to the services actually
25     rendered. Every form of compensation shall be taken into
26     account in determining whether fees, wages, salaries, or
27     compensation are unreasonably high, including, but not
28     limited to, salary, bonuses, deferred and non-cash
29     compensation, retirement funds, medical and liability
30     insurance, loans, and other benefits such as the use,
31     purchase, or lease of vehicles, expense accounts, and food,
32     housing, and clothing allowances.
33         (2) Any earnings, if applicable, or compensation paid

 

 

09400HB3628ham001 - 22 - LRB094 10953 RAS 44411 a

1     to the child welfare agency's directors, stockholders, or
2     members of its governing body shall not be unreasonably
3     high in relation to the services rendered.
4         (3) Persons providing adoption services for a child
5     welfare agency may be compensated only for services
6     actually rendered and only on a fee-for-service, hourly
7     wage, or salary basis.
8     (b) The Department may adopt rules setting forth the
9 criteria to determine what constitutes unreasonably high fees
10 and compensation as those terms are used in this Section. In
11 determining the reasonableness of fees, wages, salaries, and
12 compensation under paragraphs (1) and (2) of subsection (a) of
13 this Section, the Department shall take into account the
14 location, number, and qualifications of staff, workload
15 requirements, budget, and size of the agency or person, and
16 available norms for compensation within the adoption
17 community. Every licensed child welfare agency providing
18 adoption services shall provide the Department and the Attorney
19 General with a report, on an annual basis, providing a
20 description of the fees, wages, salaries and other compensation
21 described in paragraphs (1), (2), and (3) of this Section.
22 Nothing in the Adoption Compensation Prohibition Act shall be
23 construed to prevent a child welfare agency from charging fees
24 or the payment of salaries and compensation as limited in this
25 Section and any applicable Section of this Act or the Adoption
26 Act.
27     (c) This Section does not apply to international adoption
28 services performed by those child welfare agencies governed by
29 the 1993 Hague Convention on Protection of Children and
30 Cooperation in Respect of Intercountry Adoption and the
31 Intercountry Adoption Act of 2000.
 
32     (225 ILCS 10/14.7 new)
33     Sec. 14.7. Payments to biological parents.

 

 

09400HB3628ham001 - 23 - LRB094 10953 RAS 44411 a

1     (a) Payment of reasonable living expenses in accordance
2 with the Adoption Compensation Prohibition Act of the
3 biological parents and the child they are considering placing
4 for adoption by a child welfare agency shall not obligate the
5 biological parents to place the child for adoption. In the
6 event that the biological parents choose not to place the child
7 for adoption, the child welfare agency shall have no right to
8 seek reimbursement from the biological parents, or from any
9 relative of the biological parents, of moneys paid to, or on
10 behalf of, the biological parents, except as provided in
11 subsection (b) of this Section.
12     (b) Notwithstanding subsection (a) of this Section, a child
13 welfare agency may seek reimbursement of reasonable living
14 expenses from a person who receives such payments only if the
15 person who accepts payment of reasonable living expenses as
16 described in subsection (a) of this Section knows that the
17 person on whose behalf they are accepting payment is not
18 pregnant at the time of the receipt of such payments or the
19 person receives reimbursement for reasonable living expenses
20 simultaneously from more than one child welfare agency without
21 the agencies' knowledge.
 
22     Section 10. The Adoption Compensation Prohibition Act is
23 amended by changing Sections 1, 2, 3, 4, and 4.1 and by adding
24 Section 4.9 as follows:
 
25     (720 ILCS 525/1)  (from Ch. 40, par. 1701)
26     Sec. 1. No person and no agency, association, corporation,
27 institution, society, or other organization, except a child
28 welfare agency as defined by the Child Care Act of 1969, as now
29 or hereafter amended, shall request, receive or accept any
30 compensation or thing of value, directly or indirectly, for
31 providing adoption services, as defined in Section 2.24 of the
32 Child Care Act of 1969 placing out of a child.

 

 

09400HB3628ham001 - 24 - LRB094 10953 RAS 44411 a

1 (Source: P.A. 86-820.)
 
2     (720 ILCS 525/2)  (from Ch. 40, par. 1702)
3     Sec. 2. No person shall pay or give any compensation or
4 thing of value, directly or indirectly, for providing adoption
5 services, as defined in Section 2.24 of the Child Care Act of
6 1969, including placing out of a child to any person or to any
7 agency, association, corporation, institution, society, or
8 other organization except a child welfare agency as defined by
9 the Child Care Act of 1969, as now or hereafter amended.
10 (Source: P.A. 86-820.)
 
11     (720 ILCS 525/3)  (from Ch. 40, par. 1703)
12     Sec. 3. Definitions. As used in this Act: the term
13     "Placing placing out" means to arrange for the free care or
14 placement of a child in a family other than that of the child's
15 parent, stepparent, grandparent, brother, sister, uncle or
16 aunt or legal guardian, for the purpose of adoption or for the
17 purpose of providing care.
18     "Adoption services" has the meaning given that term in the
19 Child Care Act of 1969.
20 (Source: Laws 1955, p. 1881.)
 
21     (720 ILCS 525/4)  (from Ch. 40, par. 1704)
22     Sec. 4. The provisions of this Act shall not be construed
23 to prevent the payment of salaries or other compensation by a
24 licensed child welfare agency providing adoption services, as
25 that term is defined by the Child Care Act of 1969, as now or
26 hereafter amended, to the officers, or employees, agents,
27 contractors, or any other persons acting on behalf of the child
28 welfare agency, provided that such salaries and compensation
29 are consistent with subsection (a) of Section 14.5 of the Child
30 Care Act of 1969.
31     The provisions of this Act shall not thereof; nor shall it

 

 

09400HB3628ham001 - 25 - LRB094 10953 RAS 44411 a

1 be construed to prevent the payment by a person with whom a
2 child has been placed for adoption out of reasonable and actual
3 medical fees or hospital charges for services rendered in
4 connection with the birth of such child, if such payment is
5 made to the physician or hospital who or which rendered the
6 services or to the biological natural mother of the child or to
7 prevent the receipt of such payment by such physician,
8 hospital, or mother.
9 (Source: P.A. 86-820.)
 
10     (720 ILCS 525/4.1)  (from Ch. 40, par. 1704.1)
11     (Text of Section after amendment by P.A. 93-1063)
12     Sec. 4.1. Payment of certain expenses.
13     (a) A person or persons who have filed or intend to file a
14 petition to adopt a child under the Adoption Act shall be
15 permitted to pay the reasonable living expenses of the
16 biological parents of the child sought to be adopted, in
17 addition to those expenses set forth in Section 4, only in
18 accordance with the provisions of this Section.
19     "Reasonable living expenses" means those expenses related
20 to activities of daily living and meeting basic needs,
21 including, but not limited to, the reasonable costs of lodging,
22 food, and clothing for the biological parents during the period
23 of the biological mother's pregnancy and for no more than 120
24 days prior to the biological mother's expected date of delivery
25 and for no more than 60 30 days after the birth of the child.
26 The term does not include expenses for lost wages, gifts,
27 educational expenses, or other similar expenses of the
28 biological parents.
29     (b) The petitioners may seek leave of the court to pay the
30 reasonable living expenses of the biological parents. They
31 shall be permitted to pay the reasonable living expenses of the
32 biological parents only upon prior order of the circuit court
33 where the petition for adoption will be filed, or if the

 

 

09400HB3628ham001 - 26 - LRB094 10953 RAS 44411 a

1 petition for adoption has been filed in the circuit court where
2 the petition is pending.
3     (c) Payments under this Section shall be permitted only in
4 those circumstances where there is a demonstrated need for the
5 payment of such expenses to protect the health of the
6 biological parents or the health of the child sought to be
7 adopted.
8     (d) Payment of their reasonable living expenses, as
9 provided in this Section, shall not obligate the biological
10 parents to place the child for adoption. In the event the
11 biological parents choose not to place the child for adoption,
12 the petitioners shall have no right to seek reimbursement from
13 the biological parents, or from any relative or associate of
14 the biological parents, of moneys paid to, or on behalf of, the
15 biological parents pursuant to a court order under this
16 Section.
17     (d-5) No person or entity shall offer, provide, or co-sign
18 a loan or any other credit accommodation, directly or
19 indirectly, with a biological parent or a relative or associate
20 of a biological parent based on the contingency of a surrender
21 or placement of a child for adoption.
22     (e) Within 14 days after the completion of all payments for
23 reasonable living expenses of the biological parents under this
24 Section, the petitioners shall present a final accounting of
25 all those expenses to the court. The accounting shall include
26 vouchers for all moneys expended, copies of all checks written,
27 and receipts for all cash payments. The accounting shall also
28 include the verified statements of the petitioners, each
29 attorney of record, and the biological parents or parents to
30 whom or on whose behalf the payments were made attesting to the
31 accuracy of the accounting.
32     (f) If the placement of a child for adoption is made in
33 accordance with the Interstate Compact on the Placement of
34 Children, and if the sending state permits the payment of any

 

 

09400HB3628ham001 - 27 - LRB094 10953 RAS 44411 a

1 expenses of biological parents that are not permitted under
2 this Act, then the payment of those expenses shall not be a
3 violation of this Act. In that event, the petitioners shall
4 file an accounting of all payments of the expenses of the
5 biological parent or parents with the court in which the
6 petition for adoption is filed or is to be filed. The
7 accounting shall include a copy of the statutory provisions of
8 the sending state that permit payments in addition to those
9 permitted by this Act and a copy of all orders entered in the
10 sending state that relate to expenses of the biological parents
11 paid by the petitioners in the sending state.
12     (g) The petitioners shall be permitted to pay the
13 reasonable attorney's fees of the biological parents' attorney
14 in connection with proceedings under this Act or in connection
15 with proceedings for the adoption of the child. The attorney's
16 fees shall be paid only after a petition seeking leave to pay
17 those fees is filed with the court in which the adoption
18 proceeding is filed or to be filed. The court shall review the
19 petition for leave to pay attorney's fees, and if the court
20 determines that the fees requested are reasonable, the court
21 shall permit the petitioners to pay them. If the court
22 determines that the fees requested are not reasonable, the
23 court shall determine and set the reasonable attorney's fees of
24 the biological parents' attorney which may be paid by the
25 petitioners.
26     (h) The court may appoint a guardian ad litem for an unborn
27 child to represent the interests of the child in proceedings
28 under this Section.
29     (i) The provisions of this Section apply to a person who
30 has filed or intends to file a petition to adopt a child under
31 the Adoption Act. This Section does not apply to a licensed
32 child welfare agency, as that term is defined in the Child Care
33 Act of 1969, whose payments are governed by the Child Care Act
34 of 1969 and the Department rules adopted thereunder.

 

 

09400HB3628ham001 - 28 - LRB094 10953 RAS 44411 a

1 (Source: P.A. 93-1063, eff. 6-1-05.)
 
2     (720 ILCS 525/4.9 new)
3     Sec. 4.9. Injunctive relief. Whenever it appears that any
4 person, agency, association, corporation, institution,
5 society, or other organization is engaged or about to engage in
6 any acts or practices that constitute or will constitute a
7 violation of this Act or any rule adopted under the authority
8 of this Act, the Department shall inform the Attorney General
9 and the State's Attorney of the appropriate county. Under such
10 circumstances, the Attorney General or the State's Attorney may
11 initiate injunction proceedings. Upon a proper showing, any
12 circuit court may enter a permanent or preliminary injunction
13 or temporary restraining order without bond to enforce this Act
14 or any rule adopted under this Act in addition to any other
15 penalties and other remedies provided in this Act.
 
16     Section 15. The Adoption Act is amended by changing
17 Sections 4.1, 10, and 21 as follows:
 
18     (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
19     Sec. 4.1. Except for children placed with relatives by the
20 Department of Children and Family Services pursuant to
21 subsection (b) of Section 7 of the Children and Family Services
22 Act, placements under this Act shall comply with the Child Care
23 Act of 1969 and the Interstate Compact on the Placement of
24 Children. Placements of children born outside the United States
25 or a territory thereof shall comply with rules promulgated by
26 the United States Department of Immigration and
27 Naturalization.
28     Rules promulgated by the Department of Children and Family
29 Services shall include but not be limited to the following:
30     (a) Any agency providing adoption services as defined in
31 Section 2.24 of the Child Care Act of 1969 which places such

 

 

09400HB3628ham001 - 29 - LRB094 10953 RAS 44411 a

1 children for adoption in this State:
2         (i) Shall be licensed in this State as a child welfare
3     agency as defined in Section 2.08 of the Child Care Act of
4     1969; or
5         (ii) Shall be licensed as a child placement agency in a
6     state which is a party to the Interstate Compact on the
7     Placement of Children; or
8         (iii) Shall be licensed as a child placement agency in
9     a country other than the United States or, if located in
10     such a country but not so licensed, shall provide
11     information such as a license or court document which
12     authorizes that agency to place children for adoption and
13     to establish that such agency has legal authority to place
14     children for adoption; or
15         (iv) Shall be a child placement agency which is so
16     licensed in a non-compact state, if such agency first files
17     with the Department of Children and Family Services a bond
18     with surety in the amount of $5,000 for each such child to
19     ensure that such child shall not become a public charge
20     upon this State. Such bond shall remain in effect until a
21     judgment for adoption is entered with respect to such child
22     pursuant to this Act. The Department of Children and Family
23     Services may accept, in lieu of such bond, a written
24     agreement with such agency which provides that such agency
25     shall be liable for all costs associated with the placement
26     of such child in the event a judgement of adoption is not
27     entered, upon such terms and conditions as the Department
28     deems appropriate.
29     The rules shall also provide that any agency that places
30 children for adoption in this State may not, in any policy or
31 practice relating to the placement of children for adoption,
32 discriminate against any child or prospective adoptive parent
33 on the basis of race.
34     (b) As an alternative to requiring the bond provided for in

 

 

09400HB3628ham001 - 30 - LRB094 10953 RAS 44411 a

1 paragraph (a)(iv) of this Section, the Department of Children
2 and Family Services may require the filing of such a bond by
3 the individual or individuals seeking to adopt such a child
4 through placement of such child by a child placement agency
5 located in a state which is not a party to the Interstate
6 Compact on the Placement of Children.
7     (c) In the case of any foreign-born child brought to the
8 United States for adoption in this State, the following
9 preadoption requirements shall be met:
10         (1) Documentation that the child is legally free for
11     adoption prior to entry into the United States shall be
12     submitted.
13         (2) A medical report on the child, by authorized
14     medical personnel in the country of the child's origin,
15     shall be provided when such personnel are available.
16         (3) Verification that the adoptive family has been
17     licensed as a foster family home pursuant to the Child Care
18     Act of 1969, as now or hereafter amended, shall be
19     provided.
20         (4) A valid home study conducted by a licensed child
21     welfare agency that complies with guidelines established
22     by the United States Immigration and Naturalization
23     Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
24     amended, shall be submitted. A home study is considered
25     valid if it contains:
26             (i) A factual evaluation of the financial,
27         physical, mental and moral capabilities of the
28         prospective parent or parents to rear and educate the
29         child properly.
30             (ii) A detailed description of the living
31         accommodations where the prospective parent or parents
32         currently reside.
33             (iii) A detailed description of the living
34         accommodations in the United States where the child

 

 

09400HB3628ham001 - 31 - LRB094 10953 RAS 44411 a

1         will reside, if known.
2             (iv) A statement or attachment recommending the
3         proposed adoption signed by an official of the child
4         welfare agency which has conducted the home study.
5         (5) The placing agency located in a non-compact state
6     or a family desiring to adopt through an authorized
7     placement party in a non-compact state or a foreign country
8     shall file with the Department of Children and Family
9     Services a bond with surety in the amount of $5,000 as
10     protection that a foreign-born child accepted for care or
11     supervision not become a public charge upon the State of
12     Illinois.
13         (6) In lieu of the $5,000 bond, the placement agency
14     may sign a binding agreement with the Department of
15     Children and Family Services to assume full liability for
16     all placements should, for any reason, the adoption be
17     disrupted or not be completed, including financial and
18     planning responsibility until the child is either returned
19     to the country of its origin or placed with a new adoptive
20     family in the United States and that adoption is finalized.
21         (7) Compliance with the requirements of the Interstate
22     Compact on the Placement of Children, when applicable,
23     shall be demonstrated.
24         (8) When a child is adopted in a foreign country and a
25     final, complete and valid Order of Adoption is issued in
26     that country, as determined by both the United States
27     Department of State and the United States Department of
28     Justice, this State shall not impose any additional
29     preadoption requirements. The adoptive family, however,
30     must comply with applicable requirements of the United
31     States Department of Immigration and Naturalization as
32     provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
33     amended.
34     (d) The Department of Children and Family Services shall

 

 

09400HB3628ham001 - 32 - LRB094 10953 RAS 44411 a

1 maintain the office of Intercountry Adoption Coordinator,
2 shall maintain and protect the rights of families and children
3 participating in adoption of foreign born children, and shall
4 develop ongoing programs of support and services to such
5 families and children. The Intercountry Adoption Coordinator
6 shall determine that all preadoption requirements have been met
7 and report such information to the Department of Immigration
8 and Naturalization.
9 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
 
10     (750 ILCS 50/10)  (from Ch. 40, par. 1512)
11     Sec. 10. Forms of consent and surrender; execution and
12 acknowledgment thereof.    A. The form of consent required for
13 the adoption of a born child shall be substantially as follows:
14
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
15     I, ...., (relationship, e.g., mother, father, relative,
16 guardian) of ...., a ..male child, state:
17     That such child was born on .... at ....
18     That I reside at ...., County of .... and State of ....
19     That I am of the age of .... years.
20     That I hereby enter my appearance in this proceeding and
21 waive service of summons on me.
22     That I do hereby consent and agree to the adoption of such
23 child.
24     That I wish to and understand that by signing this consent
25 I do irrevocably and permanently give up all custody and other
26 parental rights I have to such child.
27     That I understand such child will be placed for adoption
28 and that I cannot under any circumstances, after signing this
29 document, change my mind and revoke or cancel this consent or
30 obtain or recover custody or any other rights over such child.
31 That I have read and understand the above and I am signing it
32 as my free and voluntary act.
33     Dated (insert date).

 

 

09400HB3628ham001 - 33 - LRB094 10953 RAS 44411 a

1 .........................
 
2     If under Section 8 the consent of more than one person is
3 required, then each such person shall execute a separate
4 consent.
5     B. The form of consent required for the adoption of an
6 unborn child shall be substantially as follows:
7
CONSENT TO ADOPTION OF UNBORN CHILD
8     I, ...., state:
9     That I am the father of a child expected to be born on or
10 about .... to .... (name of mother).
11     That I reside at .... County of ...., and State of .....
12     That I am of the age of .... years.
13     That I hereby enter my appearance in such adoption
14 proceeding and waive service of summons on me.
15     That I do hereby consent and agree to the adoption of such
16 child, and that I have not previously executed a consent or
17 surrender with respect to such child.
18     That I wish to and do understand that by signing this
19 consent I do irrevocably and permanently give up all custody
20 and other parental rights I have to such child, except that I
21 have the right to revoke this consent by giving written notice
22 of my revocation not later than 72 hours after the birth of the
23 child.
24     That I understand such child will be placed for adoption
25 and that, except as hereinabove provided, I cannot under any
26 circumstances, after signing this document, change my mind and
27 revoke or cancel this consent or obtain or recover custody or
28 any other rights over such child.
29     That I have read and understand the above and I am signing
30 it as my free and voluntary act.
31     Dated (insert date).
32 ........................
33     B-5. (1) The parent of a child may execute a consent to

 

 

09400HB3628ham001 - 34 - LRB094 10953 RAS 44411 a

1 standby adoption by a specified person or persons. A consent
2 under this subsection B-5 shall be acknowledged by a parent
3 pursuant to subsection H and subsection K of this Section. The
4 form of consent required for the standby adoption of a born
5 child effective at a future date when the consenting parent of
6 the child dies or requests that a final judgment of adoption be
7 entered shall be substantially as follows:
8
FINAL AND IRREVOCABLE CONSENT
9 TO STANDBY ADOPTION
10     I, ..., (relationship, e.g. mother or father) of ...., a
11 ..male child, state:
12     That the child was born on .... at .....
13     That I reside at ...., County of ...., and State of .....
14     That I am of the age of .... years.
15     That I hereby enter my appearance in this proceeding and
16 waive service of summons on me in this action only.
17     That I do hereby consent and agree to the standby adoption
18 of the child, and that I have not previously executed a consent
19 or surrender with respect to the child.
20     That I wish to and understand that by signing this consent
21 I do irrevocably and permanently give up all custody and other
22 parental rights I have to the child, effective upon (my death)
23 (the child's other parent's death) or upon (my) (the other
24 parent's) request for the entry of a final judgment for
25 adoption if ..... (specified person or persons) adopt my child.
26     That I understand that until (I die) (the child's other
27 parent dies), I retain all legal rights and obligations
28 concerning the child, but at that time, I irrevocably give all
29 custody and other parental rights to .... (specified person or
30 persons).
31     I understand my child will be adopted by ....... (specified
32 person or persons) only and that I cannot, under any
33 circumstances, after signing this document, change my mind and
34 revoke or cancel this consent or obtain or recover custody or

 

 

09400HB3628ham001 - 35 - LRB094 10953 RAS 44411 a

1 any other rights over my child if ..... (specified person or
2 persons) adopt my child.
3     I understand that this consent to standby adoption is valid
4 only if the petition for standby adoption is filed and that if
5 ....... (specified person or persons), for any reason, cannot
6 or will not file a petition for standby adoption or if his,
7 her, or their petition for standby adoption is denied, then
8 this consent is void. I have the right to notice of any other
9 proceeding that could affect my parental rights.
10     That I have read and understand the above and I am signing
11 it as my free and voluntary act.
12     Dated (insert date).
13 ....................
 
14     If under Section 8 the consent of more than one person is
15 required, then each such person shall execute a separate
16 consent. A separate consent shall be executed for each child.
17     (2) If the parent consents to a standby adoption by 2
18 specified persons, then the form shall contain 2 additional
19 paragraphs in substantially the following form:
20     If .... (specified persons) obtain a judgment of
21 dissolution of marriage before the judgment for adoption is
22 entered, then ..... (specified person) shall adopt my child. I
23 understand that I cannot change my mind and revoke this consent
24 or obtain or recover custody of my child if ..... (specified
25 persons) obtain a judgment of dissolution of marriage and .....
26 (specified person) adopts my child. I understand that I cannot
27 change my mind and revoke this consent if ...... (specified
28 persons) obtain a judgment of dissolution of marriage before
29 the adoption is final. I understand that this consent to
30 adoption has no effect on who will get custody of my child if
31 ..... (specified persons) obtain a judgment of dissolution of
32 marriage after the adoption is final. I understand that if
33 either ..... (specified persons) dies before the petition to

 

 

09400HB3628ham001 - 36 - LRB094 10953 RAS 44411 a

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

 

 

09400HB3628ham001 - 37 - LRB094 10953 RAS 44411 a

1     Dated (insert date).
2     Signature..............................
3     (4) If a consent to standby adoption is executed in this
4 form, the consent shall be valid only if the specified person
5 or persons adopt the child. The consent shall be void if:
6     (a) the specified person or persons do not file a petition
7 for standby adoption of the child; or
8     (b) a court denies the standby adoption petition.
9     The parent shall not need to take further action to revoke
10 the consent if the standby adoption by the specified person or
11 persons does not occur, notwithstanding the provisions of
12 Section 11 of this Act.
13     C. The form of surrender to any agency given by a parent of
14 a born child who is to be subsequently placed for adoption
15 shall be substantially as follows and shall contain such other
16 facts and statements as the particular agency shall require.
17
FINAL AND IRREVOCABLE SURRENDER
18 FOR PURPOSES OF ADOPTION
19     I, .... (relationship, e.g., mother, father, relative,
20 guardian) of ...., a ..male child, state:
21     That such child was born on ...., at .....
22     That I reside at ...., County of ...., and State of .....
23     That I am of the age of .... years.
24     That I do hereby surrender and entrust the entire custody
25 and control of such child to the .... (the "Agency"), a
26 (public) (licensed) child welfare agency with its principal
27 office in the City of ...., County of .... and State of ....,
28 for the purpose of enabling it to care for and supervise the
29 care of such child, to place such child for adoption and to
30 consent to the legal adoption of such child.
31     That I hereby grant to the Agency full power and authority
32 to place such child with any person or persons it may in its
33 sole discretion select to become the adopting parent or parents
34 and to consent to the legal adoption of such child by such

 

 

09400HB3628ham001 - 38 - LRB094 10953 RAS 44411 a

1 person or persons; and to take any and all measures which, in
2 the judgment of the Agency, may be for the best interests of
3 such child, including authorizing medical, surgical and dental
4 care and treatment including inoculation and anaesthesia for
5 such child.
6     That I wish to and understand that by signing this
7 surrender I do irrevocably and permanently give up all custody
8 and other parental rights I have to such child.
9     That I understand I cannot under any circumstances, after
10 signing this surrender, change my mind and revoke or cancel
11 this surrender or obtain or recover custody or any other rights
12 over such child.
13     That I have read and understand the above and I am signing
14 it as my free and voluntary act.
15     Dated (insert date).
16 ........................
17     D. The form of surrender to an agency given by a parent of
18 an unborn child who is to be subsequently placed for adoption
19 shall be substantially as follows and shall contain such other
20 facts and statements as the particular agency shall require.
21
SURRENDER OF UNBORN CHILD FOR
22 PURPOSES OF ADOPTION
23     I, .... (father), state:
24     That I am the father of a child expected to be born on or
25 about .... to .... (name of mother).
26     That I reside at ...., County of ...., and State of .....
27     That I am of the age of .... years.
28     That I do hereby surrender and entrust the entire custody
29 and control of such child to the .... (the "Agency"), a
30 (public) (licensed) child welfare agency with its principal
31 office in the City of ...., County of .... and State of ....,
32 for the purpose of enabling it to care for and supervise the
33 care of such child, to place such child for adoption and to
34 consent to the legal adoption of such child, and that I have

 

 

09400HB3628ham001 - 39 - LRB094 10953 RAS 44411 a

1 not previously executed a consent or surrender with respect to
2 such child.
3     That I hereby grant to the Agency full power and authority
4 to place such child with any person or persons it may in its
5 sole discretion select to become the adopting parent or parents
6 and to consent to the legal adoption of such child by such
7 person or persons; and to take any and all measures which, in
8 the judgment of the Agency, may be for the best interests of
9 such child, including authorizing medical, surgical and dental
10 care and treatment, including inoculation and anaesthesia for
11 such child.
12     That I wish to and understand that by signing this
13 surrender I do irrevocably and permanently give up all custody
14 and other parental rights I have to such child.
15     That I understand I cannot under any circumstances, after
16 signing this surrender, change my mind and revoke or cancel
17 this surrender or obtain or recover custody or any other rights
18 over such child, except that I have the right to revoke this
19 surrender by giving written notice of my revocation not later
20 than 72 hours after the birth of such child.
21     That I have read and understand the above and I am signing
22 it as my free and voluntary act.
23     Dated (insert date).
24 ........................
25     E. The form of consent required from the parents for the
26 adoption of an adult, when such adult elects to obtain such
27 consent, shall be substantially as follows:
28
CONSENT
29     I, ...., (father) (mother) of ...., an adult, state:
30     That I reside at ...., County of .... and State of .....
31     That I do hereby consent and agree to the adoption of such
32 adult by .... and .....
33     Dated (insert date).
34 .........................

 

 

09400HB3628ham001 - 40 - LRB094 10953 RAS 44411 a

1     F. The form of consent required for the adoption of a child
2 of the age of 14 years or upwards, or of an adult, to be given
3 by such person, shall be substantially as follows:
4
CONSENT
5     I, ...., state:
6     That I reside at ...., County of .... and State of .....
7 That I am of the age of .... years. That I consent and agree to
8 my adoption by .... and .....
9     Dated (insert date).
10 ........................
11     G. The form of consent given by an agency to the adoption
12 by specified persons of a child previously surrendered to it
13 shall set forth that the agency has the authority to execute
14 such consent. The form of consent given by a guardian of the
15 person of a child sought to be adopted, appointed by a court of
16 competent jurisdiction, shall set forth the facts of such
17 appointment and the authority of the guardian to execute such
18 consent.
19     H. A consent (other than that given by an agency, or
20 guardian of the person of the child sought to be adopted
21 appointed by a court of competent jurisdiction) shall be
22 acknowledged by a parent before the presiding judge of the
23 court in which the petition for adoption has been, or is to be
24 filed or before any other judge or hearing officer designated
25 or subsequently approved by the court, or the circuit clerk if
26 so authorized by the presiding judge or, except as otherwise
27 provided in this Act, before a representative of the Department
28 of Children and Family Services or a licensed child welfare
29 agency, or before social service personnel under the
30 jurisdiction of a court of competent jurisdiction, or before
31 social service personnel of the Cook County Department of
32 Supportive Services designated by the presiding judge.
33     I. A surrender, or any other document equivalent to a
34 surrender, by which a child is surrendered to an agency shall

 

 

09400HB3628ham001 - 41 - LRB094 10953 RAS 44411 a

1 be acknowledged by the person signing such surrender, or other
2 document, before a judge or hearing officer or the clerk of any
3 court of record, either in this State or any other state of the
4 United States, or before a representative of an agency or
5 before any other person designated or approved by the presiding
6 judge of the court in which the petition for adoption has been,
7 or is to be, filed.
8     J. The form of the certificate of acknowledgment for a
9 consent, a surrender, or any other document equivalent to a
10 surrender, shall be substantially as follows:
11 STATE OF ....)
12              ) SS.
13 COUNTY OF ...)
14     I, .... (Name of judge or other person), .... (official
15 title, name and location of court or status or position of
16 other person), certify that ...., personally known to me to be
17 the same person whose name is subscribed to the foregoing
18 (consent) (surrender), appeared before me this day in person
19 and acknowledged that (she) (he) signed and delivered such
20 (consent) (surrender) as (her) (his) free and voluntary act,
21 for the specified purpose.
22     I have fully explained that by signing such (consent)
23 (surrender) (she) (he) is irrevocably relinquishing all
24 parental rights to such child or adult and (she) (he) has
25 stated that such is (her) (his) intention and desire.
26     Dated (insert date).
27     Signature ...............
28     K. When the execution of a consent or a surrender is
29 acknowledged before someone other than a judge or the clerk of
30 a court of record, such other person shall have his signature
31 on the certificate acknowledged before a notary public, in form
32 substantially as follows:
33 STATE OF ....)
34              ) SS.

 

 

09400HB3628ham001 - 42 - LRB094 10953 RAS 44411 a

1 COUNTY OF ...)
2     I, a Notary Public, in and for the County of ......, in the
3 State of ......, certify that ...., personally known to me to
4 be the same person whose name is subscribed to the foregoing
5 certificate of acknowledgment, appeared before me in person and
6 acknowledged that (she) (he) signed such certificate as (her)
7 (his) free and voluntary act and that the statements made in
8 the certificate are true.
9     Dated (insert date).
10     
Signature ...................... Notary Public
11
(official seal)

 
12     There shall be attached a certificate of magistracy, or
13 other comparable proof of office of the notary public
14 satisfactory to the court, to a consent signed and acknowledged
15 in another state.
16     L. A surrender or consent executed and acknowledged outside
17 of this State, either in accordance with the law of this State
18 or in accordance with the law of the place where executed, is
19 valid, provided that the surrender or consent is neither
20 executed nor acknowledged prior to 72 hours after the birth of
21 the child, that any travel or accommodations outside of the
22 State provided by the receiving agency or party in the
23 receiving state to a biological parent or parents for purposes
24 of signing a surrender or consent (i) is provided no less than
25 72 hours after the birth of the child and (ii) includes return
26 travel by the same mode of transportation, and that the travel
27 arrangements have been approved in advance of departure by the
28 Illinois Interstate Compact for the Placement of Children
29 Office.
30     M. Where a consent or a surrender is signed in a foreign
31 country, the execution of such consent shall be acknowledged or
32 affirmed in a manner conformable to the law and procedure of
33 such country.

 

 

09400HB3628ham001 - 43 - LRB094 10953 RAS 44411 a

1     N. If the person signing a consent or surrender is in the
2 military service of the United States, the execution of such
3 consent or surrender may be acknowledged before a commissioned
4 officer and the signature of such officer on such certificate
5 shall be verified or acknowledged before a notary public or by
6 such other procedure as is then in effect for such division or
7 branch of the armed forces.
8     O. (1) The parent or parents of a child in whose interests
9 a petition under Section 2-13 of the Juvenile Court Act of 1987
10 is pending may, with the approval of the designated
11 representative of the Department of Children and Family
12 Services, execute a consent to adoption by a specified person
13 or persons:
14         (a) in whose physical custody the child has resided for
15     at least 6 months; or
16         (b) in whose physical custody at least one sibling of
17     the child who is the subject of this consent has resided
18     for at least 6 months, and the child who is the subject of
19     this consent is currently residing in this foster home; or
20         (c) in whose physical custody a child under one year of
21     age has resided for at least 3 months.
22 A consent under this subsection O shall be acknowledged by a
23 parent pursuant to subsection H and subsection K of this
24 Section.
25     (2) The consent to adoption by a specified person or
26 persons shall have the caption of the proceeding in which it is
27 to be filed and shall be substantially as follows:
28
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
29 A SPECIFIED PERSON OR PERSONS
30     I, ......................................, the
31 .................. (mother or father) of a ....male child,
32 state:
33         1. My child ............................ (name of
34     child) was born on (insert date) at ....................

 

 

09400HB3628ham001 - 44 - LRB094 10953 RAS 44411 a

1     Hospital in ................ County, State of
2     ...............
3         2. I reside at ......................, County of
4     ............. and State of ..............
5         3. I, ..........................., am .... years old.
6         4. I enter my appearance in this action to adopt my
7     child by the person or persons specified herein by me and
8     waive service of summons on me in this action only.
9         5. I consent to the adoption of my child by
10     ............................. (specified person or
11     persons) only.
12         6. I wish to sign this consent and I understand that by
13     signing this consent I irrevocably and permanently give up
14     all parental rights I have to my child if my child is
15     adopted by ............................. (specified person
16     or persons).
17         7. I understand my child will be adopted by
18     ............................. (specified person or
19     persons) only and that I cannot under any circumstances,
20     after signing this document, change my mind and revoke or
21     cancel this consent or obtain or recover custody or any
22     other rights over my child if ............................
23     (specified person or persons) adopt my child.
24         8. I understand that this consent to adoption is valid
25     only if the petition to adopt is filed within one year from
26     the date that I sign it and that if .......................
27     (specified person or persons), for any reason, cannot or
28     will not file a petition to adopt my child within that one
29     year period or if their adoption petition is denied, then
30     this consent will be voidable after one year upon the
31     timely filing of my motion. If I file this motion before
32     the filing of the petition for adoption, I understand that
33     the court shall revoke this specific consent. I have the
34     right to notice of any other proceeding that could affect

 

 

09400HB3628ham001 - 45 - LRB094 10953 RAS 44411 a

1     my parental rights, except for the proceeding for
2     ............. (specified person or persons) to adopt my
3     child.
4         9. I have read and understand the above and I am
5     signing it as my free and voluntary act.
6         Dated (insert date).
7         .............................................
8         Signature of parent
9     (3) If the parent consents to an adoption by 2 specified
10 persons, then the form shall contain 2 additional paragraphs in
11 substantially the following form:
12         10. If ............... (specified persons) get a
13     divorce before the petition to adopt my child is granted,
14     then .......... (specified person) shall adopt my child. I
15     understand that I cannot change my mind and revoke this
16     consent or obtain or recover custody over my child if
17     ............. (specified persons) divorce and
18     ............. (specified person) adopts my child. I
19     understand that I cannot change my mind and revoke this
20     consent or obtain or recover custody over my child if
21     ................. (specified persons) divorce after the
22     adoption is final. I understand that this consent to
23     adoption has no effect on who will get custody of my child
24     if they divorce after the adoption is final.
25         11. I understand that if either ...............
26     (specified persons) dies before the petition to adopt my
27     child is granted, then the surviving person can adopt my
28     child. I understand that I cannot change my mind and revoke
29     this consent or obtain or recover custody over my child if
30     the surviving person adopts my child.
31     A consent to adoption by specified persons on this form
32 shall have no effect on a court's determination of custody or
33 visitation under the Illinois Marriage and Dissolution of
34 Marriage Act if the marriage of the specified persons is

 

 

09400HB3628ham001 - 46 - LRB094 10953 RAS 44411 a

1 dissolved after the adoption is final.
2     (4) The form of the certificate of acknowledgement for a
3 Final and Irrevocable Consent for Adoption by a Specified
4 Person or Persons shall be substantially as follows:
 
5 STATE OF..............)
6                       ) SS.
7 COUNTY OF.............)
 
8     I, .................... (Name of Judge or other person),
9 ..................... (official title, name, and address),
10 certify that ............., personally known to me to be the
11 same person whose name is subscribed to the foregoing Final and
12 Irrevocable Consent for Adoption by a Specified Person or
13 Persons, appeared before me this day in person and acknowledged
14 that (she)(he) signed and delivered the consent as (her)(his)
15 free and voluntary act, for the specified purpose.
16     I have fully explained that this consent to adoption is
17 valid only if the petition to adopt is filed within one year
18 from the date that it is signed, and that if the specified
19 person or persons, for any reason, cannot or will not adopt the
20 child or if the adoption petition is denied, then this consent
21 will be voidable after one year upon the timely filing of a
22 motion by the parent to revoke the consent. I explained that if
23 this motion is filed before the filing of the petition for
24 adoption, the court shall revoke this specific consent. I have
25 fully explained that if the specified person or persons adopt
26 the child, by signing this consent this parent is irrevocably
27 and permanently relinquishing all parental rights to the child,
28 and this parent has stated that such is (her)(his) intention
29 and desire.
30     Dated (insert date).
31     ...............................
32     Signature

 

 

09400HB3628ham001 - 47 - LRB094 10953 RAS 44411 a

1     (5) If a consent to adoption by a specified person or
2 persons is executed in this form, the following provisions
3 shall apply. The consent shall be valid only if that specified
4 person or persons adopt the child. The consent shall be
5 voidable after one year if:
6         (a) the specified person or persons do not file a
7     petition to adopt the child within one year after the
8     consent is signed and the parent files a timely motion to
9     revoke this consent. If this motion is filed before the
10     filing of the petition for adoption the court shall revoke
11     this consent; or
12         (b) a court denies the adoption petition; or
13         (c) the Department of Children and Family Services
14     Guardianship Administrator determines that the specified
15     person or persons will not or cannot complete the adoption,
16     or in the best interests of the child should not adopt the
17     child.
18     Within 30 days of the consent becoming void, the Department
19 of Children and Family Services Guardianship Administrator
20 shall make good faith attempts to notify the parent in writing
21 and shall give written notice to the court and all additional
22 parties in writing that the adoption has not occurred or will
23 not occur and that the consent is void. If the adoption by a
24 specified person or persons does not occur, no proceeding for
25 termination of parental rights shall be brought unless the
26 biological parent who executed the consent to adoption by a
27 specified person or persons has been notified of the proceeding
28 pursuant to Section 7 of this Act or subsection (4) of Section
29 2-13 of the Juvenile Court Act of 1987. The parent shall not
30 need to take further action to revoke the consent if the
31 specified adoption does not occur, notwithstanding the
32 provisions of Section 11 of this Act.
33     (6) The Department of Children and Family Services is
34 authorized to promulgate rules necessary to implement this

 

 

09400HB3628ham001 - 48 - LRB094 10953 RAS 44411 a

1 subsection O.
2     (7) The Department shall collect and maintain data
3 concerning the efficacy of specific consents. This data shall
4 include the number of specific consents executed and their
5 outcomes, including but not limited to the number of children
6 adopted pursuant to the consents, the number of children for
7 whom adoptions are not completed, and the reason or reasons why
8 the adoptions are not completed.
9 (Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
 
10     (750 ILCS 50/21)  (from Ch. 40, par. 1526)
11     Sec. 21. Compensation for placing of children prohibited.
12     No person, agency, association, corporation, institution,
13 society or other organization, except a child welfare agency as
14 defined by the "Child Care Act", approved July 10, 1957, as now
15 or hereafter amended, shall receive or accept, or pay or give
16 any compensation or thing of value, directly or indirectly, for
17 providing adoption services, as that term is defined in the
18 Child Care Act of 1969, including placing out of a child as is
19 more specifically provided in "An Act to prevent the payment or
20 receipt of compensation for placing out children for adoption
21 or for the purpose of providing care", approved July 14, 1955,
22 as now or hereafter amended.
23 (Source: Laws, 1959, p. 1269.)
 
24     Section 95. No acceleration or delay. Where this Act makes
25 changes in a statute that is represented in this Act by text
26 that is not yet or no longer in effect (for example, a Section
27 represented by multiple versions), the use of that text does
28 not accelerate or delay the taking effect of (i) the changes
29 made by this Act or (ii) provisions derived from any other
30 Public Act.
 
31     Section 99. Effective date. This Act takes effect upon

 

 

09400HB3628ham001 - 49 - LRB094 10953 RAS 44411 a

1 becoming law.".