Rep. Sara Feigenholtz
Filed: 3/27/2012
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1 | AMENDMENT TO HOUSE BILL 4028
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2 | AMENDMENT NO. ______. Amend House Bill 4028 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 3 as follows: | ||||||
6 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
7 | Sec. 3. As used in this Act unless the context otherwise | ||||||
8 | requires: | ||||||
9 | "Adult resident" means any person between 18 and 22 years | ||||||
10 | of age who resides in any facility licensed by the Department | ||||||
11 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
12 | criteria set forth in the definitions of "abused child" and | ||||||
13 | "neglected child" shall be used in determining whether an adult | ||||||
14 | resident is abused or neglected. | ||||||
15 | "Child" means any person under the age of 18 years, unless | ||||||
16 | legally
emancipated by reason of marriage or entry into a |
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1 | branch of the United
States armed services. | ||||||
2 | "Department" means Department of Children and Family | ||||||
3 | Services. | ||||||
4 | "Local law enforcement agency" means the police of a city, | ||||||
5 | town,
village or other incorporated area or the sheriff of an | ||||||
6 | unincorporated
area or any sworn officer of the Illinois | ||||||
7 | Department of State Police. | ||||||
8 | "Abused child"
means a child whose parent or immediate | ||||||
9 | family
member,
or any person responsible for the child's | ||||||
10 | welfare, or any individual
residing in the same home as the | ||||||
11 | child, or a paramour of the child's parent: | ||||||
12 | (a) inflicts, causes to be inflicted, or allows to be
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13 | inflicted upon
such child physical injury, by other than | ||||||
14 | accidental means, which causes
death, disfigurement, | ||||||
15 | impairment of physical or
emotional health, or loss or | ||||||
16 | impairment of any bodily function; | ||||||
17 | (b) creates a substantial risk of physical injury to | ||||||
18 | such
child by
other than accidental means which would be | ||||||
19 | likely to cause death,
disfigurement, impairment of | ||||||
20 | physical or emotional health, or loss or
impairment of any | ||||||
21 | bodily function; | ||||||
22 | (c) commits or allows to be committed any sex offense | ||||||
23 | against
such child,
as such sex offenses are defined in the | ||||||
24 | Criminal Code of 1961, as amended, or in the Wrongs to | ||||||
25 | Children Act,
and extending those definitions of sex | ||||||
26 | offenses to include children under
18 years of age; |
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1 | (d) commits or allows to be committed an act or acts of
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2 | torture upon
such child; | ||||||
3 | (e) inflicts excessive corporal punishment; | ||||||
4 | (f) commits or allows to be committed
the offense of
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5 | female
genital mutilation, as defined in Section 12-34 of | ||||||
6 | the Criminal Code of
1961, against the child; | ||||||
7 | (g) causes to be sold, transferred, distributed, or | ||||||
8 | given to
such child
under 18 years of age, a controlled | ||||||
9 | substance as defined in Section 102 of the
Illinois | ||||||
10 | Controlled Substances Act in violation of Article IV of the | ||||||
11 | Illinois
Controlled Substances Act or in violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | except for controlled substances that are prescribed
in | ||||||
14 | accordance with Article III of the Illinois Controlled | ||||||
15 | Substances Act and
are dispensed to such child in a manner | ||||||
16 | that substantially complies with the
prescription; or | ||||||
17 | (h) commits or allows to be committed the offense of | ||||||
18 | involuntary servitude, involuntary sexual servitude of a | ||||||
19 | minor, or trafficking in persons for forced labor or | ||||||
20 | services as defined in Section 10-9 of the Criminal Code of | ||||||
21 | 1961 against the child. | ||||||
22 | A child shall not be considered abused for the sole reason | ||||||
23 | that the child
has been relinquished in accordance with the | ||||||
24 | Abandoned Newborn Infant
Protection Act. | ||||||
25 | "Neglected child" means any child who is not receiving the | ||||||
26 | proper or
necessary nourishment or medically indicated |
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1 | treatment including food or care
not provided solely on the | ||||||
2 | basis of the present or anticipated mental or
physical | ||||||
3 | impairment as determined by a physician acting alone or in
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4 | consultation with other physicians or otherwise is not | ||||||
5 | receiving the proper or
necessary support or medical or other | ||||||
6 | remedial care recognized under State law
as necessary for a | ||||||
7 | child's well-being, or other care necessary for his or her
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8 | well-being, including adequate food, clothing and shelter; or | ||||||
9 | who is abandoned
by his or her parents or other person | ||||||
10 | responsible for the child's welfare
without a proper plan of | ||||||
11 | care; or who has been provided with interim crisis intervention | ||||||
12 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
13 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
14 | child to return home and no other living arrangement agreeable
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15 | to the parent, guardian, or custodian can be made, and the | ||||||
16 | parent, guardian, or custodian has not made any other | ||||||
17 | appropriate living arrangement for the child; or who is a | ||||||
18 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
19 | amount of a controlled substance as defined in subsection (f) | ||||||
20 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
21 | metabolite thereof,
with the exception of a controlled | ||||||
22 | substance or metabolite thereof whose
presence in the newborn | ||||||
23 | infant is the result of medical treatment administered
to the | ||||||
24 | mother or the newborn infant. A child shall not be considered | ||||||
25 | neglected
for the sole reason that the child's parent or other | ||||||
26 | person responsible for his
or her welfare has left the child in |
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1 | the care of an adult relative for any
period of time. A child | ||||||
2 | shall not be considered neglected for the sole reason
that the | ||||||
3 | child has been relinquished in accordance with the Abandoned | ||||||
4 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
5 | neglected or abused
for the
sole reason that such child's | ||||||
6 | parent or other person responsible for his or her
welfare | ||||||
7 | depends upon spiritual means through prayer alone for the | ||||||
8 | treatment or
cure of disease or remedial care as provided under | ||||||
9 | Section 4 of this Act. A
child shall not be considered | ||||||
10 | neglected or abused solely because the child is
not attending | ||||||
11 | school in accordance with the requirements of Article 26 of The
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12 | School Code, as amended. | ||||||
13 | "Child Protective Service Unit" means certain specialized | ||||||
14 | State employees of
the Department assigned by the Director to | ||||||
15 | perform the duties and
responsibilities as provided under | ||||||
16 | Section 7.2 of this Act. | ||||||
17 | "Person responsible for the child's welfare" means the | ||||||
18 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
19 | any person responsible for the
child's welfare in a public or | ||||||
20 | private residential agency or institution; any
person | ||||||
21 | responsible for the child's welfare within a public or private | ||||||
22 | profit or
not for profit child care facility; or any other | ||||||
23 | person responsible for the
child's welfare at the time of the | ||||||
24 | alleged abuse or neglect, including any person that is the | ||||||
25 | custodian of a child under 18 years of age who commits or | ||||||
26 | allows to be committed, against the child, the offense of |
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1 | involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, or trafficking in persons for forced labor or services, | ||||||
3 | as provided in Section 10-9 of the Criminal Code of 1961, or | ||||||
4 | any person who
came to know the child through an official | ||||||
5 | capacity or position of trust,
including but not limited to | ||||||
6 | health care professionals, educational personnel,
recreational | ||||||
7 | supervisors, members of the clergy, and volunteers or
support | ||||||
8 | personnel in any setting
where children may be subject to abuse | ||||||
9 | or neglect. | ||||||
10 | "Temporary protective custody" means custody within a | ||||||
11 | hospital or
other medical facility or a place previously | ||||||
12 | designated for such custody
by the Department, subject to | ||||||
13 | review by the Court, including a licensed
foster home, group | ||||||
14 | home, or other institution; but such place shall not
be a jail | ||||||
15 | or other place for the detention of criminal or juvenile | ||||||
16 | offenders. | ||||||
17 | "An unfounded report" means any report made under this Act | ||||||
18 | for which
it is determined after an investigation that no | ||||||
19 | credible evidence of
abuse or neglect exists. | ||||||
20 | "An indicated report" means a report made under this Act if | ||||||
21 | an
investigation determines that credible evidence of the | ||||||
22 | alleged
abuse or neglect exists. | ||||||
23 | "An undetermined report" means any report made under this | ||||||
24 | Act in
which it was not possible to initiate or complete an | ||||||
25 | investigation on
the basis of information provided to the | ||||||
26 | Department. |
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1 | "Subject of report" means any child reported to the central | ||||||
2 | register
of child abuse and neglect established under Section | ||||||
3 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
4 | and
the parent or guardian of the alleged victim or other | ||||||
5 | person responsible for the alleged victim's welfare who is | ||||||
6 | named in the report or added to the report as an alleged | ||||||
7 | perpetrator of child abuse or neglect. | ||||||
8 | "Perpetrator" means a person who, as a result of | ||||||
9 | investigation, has
been determined by the Department to have | ||||||
10 | caused child abuse or neglect. | ||||||
11 | "Member of the clergy" means a clergyman or practitioner of | ||||||
12 | any religious
denomination accredited by the religious body to | ||||||
13 | which he or she belongs. | ||||||
14 | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||||||
15 | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.) | ||||||
16 | Section 10. The Adoption Act is amended by changing | ||||||
17 | Sections 10 and 18.3a and by adding Section 18.08 as follows:
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18 | (750 ILCS 50/10) (from Ch. 40, par. 1512)
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19 | Sec. 10. Forms of consent and surrender; execution and
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20 | acknowledgment thereof. | ||||||
21 | A. The form of consent required for the
adoption of a born | ||||||
22 | child shall be substantially as follows:
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23 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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24 | I, ...., (relationship, e.g., mother, father, relative, |
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1 | guardian)
of ...., a ..male child, state:
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2 | That such child was born on .... at ....
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3 | That I reside at ...., County of .... and State of ....
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4 | That I am of the age of .... years.
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5 | That I hereby enter my appearance in this proceeding and | ||||||
6 | waive
service of summons on me.
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7 | That I hereby acknowledge that I have been provided with a | ||||||
8 | copy of the Birth Parent Rights and Responsibilities-Private | ||||||
9 | Form before signing this Consent and that I have had time to | ||||||
10 | read, or have had read to me, this Form. I understand that if I | ||||||
11 | do not receive any of the rights as described in this Form, it | ||||||
12 | shall not constitute a basis to revoke this Final and | ||||||
13 | Irrevocable Consent. | ||||||
14 | That I do hereby consent and agree to the adoption of such | ||||||
15 | child.
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16 | That I wish to and understand that by signing this consent | ||||||
17 | I do
irrevocably and permanently give up all custody and other | ||||||
18 | parental
rights I have to such child.
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19 | That I understand such child will be placed for adoption | ||||||
20 | and that I
cannot under any circumstances, after signing this | ||||||
21 | document, change my
mind and revoke or cancel this consent or | ||||||
22 | obtain or recover custody or
any other rights over such child. | ||||||
23 | That I have read and understand the
above and I am signing it | ||||||
24 | as my free and voluntary act.
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25 | Dated (insert date).
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26 | .........................
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1 | If under Section 8 the consent of more than one person is | ||||||
2 | required,
then each such person shall execute a separate | ||||||
3 | consent.
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4 | A-1. (1) The form of the Final and Irrevocable Consent to | ||||||
5 | Adoption by a Specified Person or Persons: Non-DCFS Case set | ||||||
6 | forth in this subsection A-1 is to be used by legal parents | ||||||
7 | only. This form is not to be used in cases in which there is a | ||||||
8 | pending petition under Section 2-13 of the Juvenile Court Act | ||||||
9 | of 1987. | ||||||
10 | (2) The form of the Final and Irrevocable Consent to | ||||||
11 | Adoption by a Specified Person or Persons in a non-DCFS case | ||||||
12 | shall have the caption of the proceeding in which it is to be | ||||||
13 | filed and shall be substantially as follows: | ||||||
14 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | ||||||
15 | A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | ||||||
16 | I, ...., (relationship, e.g., mother, father) of ...., a | ||||||
17 | ..male child, state: | ||||||
18 | 1. That such child was born on ...., at ....., City of ... | ||||||
19 | and State of .... | ||||||
20 | 2. That I reside at ...., County of .... and State of .... | ||||||
21 | 3. That I am of the age of .... years. | ||||||
22 | 4. That I hereby enter my appearance in this proceeding and | ||||||
23 | waive service of summons on me. | ||||||
24 | 5. That I hereby acknowledge that I have been provided a | ||||||
25 | copy of the Birth Parent Rights and Responsibilities-Private |
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1 | Form before signing this Consent and that I have had time to | ||||||
2 | read, or have had read to me, this Form and that I understand | ||||||
3 | the Rights and Responsibilities described in this Form. I | ||||||
4 | understand that if I do not receive any of my rights as | ||||||
5 | described in said Form, it shall not constitute a basis to | ||||||
6 | revoke this Final and Irrevocable Consent to Adoption by a | ||||||
7 | Specified Person. | ||||||
8 | 6. That I do hereby consent and agree to the adoption of | ||||||
9 | such child by .... (specified persons) only. | ||||||
10 | 7. That I wish to and understand that upon signing this | ||||||
11 | consent I do irrevocably and permanently give up all custody | ||||||
12 | and other parental rights I have to such child if such child is | ||||||
13 | adopted by .... (specified person or persons). I hereby | ||||||
14 | transfer all of my rights to the custody, care and control of | ||||||
15 | such child to ............................. (specified person | ||||||
16 | or persons). | ||||||
17 | 8. That I understand such child will be adopted by | ||||||
18 | ....................... (specified person or persons) and that | ||||||
19 | I cannot under any circumstances, after signing this document, | ||||||
20 | change my mind and revoke or cancel this consent or obtain or | ||||||
21 | recover custody or any other rights over such child if | ||||||
22 | ............................ (specified person or persons) | ||||||
23 | adopt(s) such child; PROVIDED that each specified person has | ||||||
24 | filed or shall file, within 60 days from the date hereof, a | ||||||
25 | petition for the adoption of such child. | ||||||
26 | 9. That if the specified person or persons designated |
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1 | herein do not file a petition for adoption within the | ||||||
2 | time-frame specified above, or, if said petition for adoption | ||||||
3 | is filed within the time-frame specified above but the adoption | ||||||
4 | petition is dismissed with prejudice or the adoption proceeding | ||||||
5 | is otherwise concluded without an order declaring the child to | ||||||
6 | be the adopted child of the specified person or persons, then I | ||||||
7 | understand that I will receive written notice of such | ||||||
8 | circumstances within 10 business days of their occurrence. I | ||||||
9 | understand that the notice will be directed to me using the | ||||||
10 | contact information I have provided in this consent. I | ||||||
11 | understand that I will have 10 business days from the date that | ||||||
12 | the written notice is sent to me to respond, within which time | ||||||
13 | I may request the Court to declare this consent voidable and | ||||||
14 | return the child to me. I further understand that the Court | ||||||
15 | will make the final decision of whether or not the child will | ||||||
16 | be returned to me. If I do not make such request within 10 | ||||||
17 | business days of the date of the notice, then I expressly waive | ||||||
18 | any other notice or service of process in any legal proceeding | ||||||
19 | for the adoption of the child. | ||||||
20 | 10. That I expressly acknowledge that nothing in this | ||||||
21 | Consent
impairs the validity and absolute finality of this
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22 | Consent under any circumstance other than those described in
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23 | paragraph 9 of this Consent. | ||||||
24 | 11. That I understand that I have a remaining duty and
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25 | obligation to keep .............. (insert name and address of | ||||||
26 | the attorney
for the specified person or persons) informed of |
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1 | my current
address or other preferred contact information until | ||||||
2 | this adoption has been finalized. My failure to
do so may | ||||||
3 | result in the termination of my parental rights and
the child | ||||||
4 | being placed for adoption in another home. | ||||||
5 | 12. That I do expressly waive any other notice or service | ||||||
6 | of process in any of the legal proceedings for the adoption of | ||||||
7 | the child as long as the adoption proceeding by the specified | ||||||
8 | person or persons is pending. | ||||||
9 | 13. That I have read and understand the above and I am | ||||||
10 | signing it as my free and voluntary act. | ||||||
11 | 14. That I acknowledge that this consent is valid even if | ||||||
12 | the specified person or persons separate or divorce or one of | ||||||
13 | the specified persons dies prior to the entry of the final | ||||||
14 | judgment for adoption. | ||||||
15 | Dated (insert date). | ||||||
16 | ............................................. | ||||||
17 | Signature of parent. | ||||||
18 | ............................................. | ||||||
19 | Address of parent. | ||||||
20 | ............................................. | ||||||
21 | Phone number(s) of parent. | ||||||
22 | ............................................. | ||||||
23 | Personal email(s) of parent. | ||||||
24 | ............................................. | ||||||
25 | (3) The form of the certificate of acknowledgement for a | ||||||
26 | Final and Irrevocable Consent for Adoption by a Specified |
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1 | Person or Persons: Non-DCFS Case shall be substantially as | ||||||
2 | follows: | ||||||
3 | STATE OF ..............)
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4 | ) SS.
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5 | COUNTY OF .............) | ||||||
6 | I, .................... (Name of Judge or other person), | ||||||
7 | ..................... (official title, name, and address), | ||||||
8 | certify that ............., personally known to me to be the | ||||||
9 | same person whose name is subscribed to the foregoing Final and | ||||||
10 | Irrevocable Consent for Adoption by a Specified Person or | ||||||
11 | Persons; non-DCFS case, appeared before me this day in person | ||||||
12 | and acknowledged that (she)(he) signed and delivered the | ||||||
13 | consent as (her)(his) free and voluntary act, for the specified | ||||||
14 | purpose. I am further satisfied that, before signing this | ||||||
15 | Consent, ........ has read, or has had read to him or her, the | ||||||
16 | Birth Parent Rights and Responsibilities-Private Form. | ||||||
17 | A-2. Birth Parent Rights and Responsibilities-Private | ||||||
18 | Form. The Birth Parent Rights and Responsibilities-Private | ||||||
19 | Form must be read by, or have been read to, any person | ||||||
20 | executing a Final and Irrevocable Consent to Adoption under | ||||||
21 | subsection A, a Final and Irrevocable Consent to Adoption by a | ||||||
22 | Specified Person or Persons: Non-DCFS Case under subsection | ||||||
23 | A-1, or a Consent to Adoption of Unborn Child under subsection | ||||||
24 | B prior to the execution of said Consent. The form of the Birth | ||||||
25 | Parent Rights and Responsibilities-Private Form shall be |
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1 | substantially as follows: | ||||||
2 | Birth Parent Rights and Responsibilities-Private Form | ||||||
3 | As a birth parent in the State of Illinois, you have the | ||||||
4 | right: | ||||||
5 | 1. To have your own attorney represent you. The prospective | ||||||
6 | adoptive parents may agree to pay for the cost of your attorney | ||||||
7 | in a manner consistent with Illinois law, but they are not | ||||||
8 | required to do so. | ||||||
9 | 2. To be treated with dignity and respect at all times and | ||||||
10 | to make decisions free from coercion and pressure. | ||||||
11 | 3. To receive counseling before and after signing a Final | ||||||
12 | and Irrevocable Consent to Adoption ("Consent"), a Final and | ||||||
13 | Irrevocable Consent to Adoption by a Specified Person or | ||||||
14 | Persons: Non-DCFS Case ("Specified Consent"), or a Consent to | ||||||
15 | Adoption of Unborn Child ("Unborn Consent"). The prospective | ||||||
16 | adoptive parents may agree to pay for the cost of counseling in | ||||||
17 | a manner consistent with Illinois law, but they are not | ||||||
18 | required to do so. | ||||||
19 | 4. To ask to be involved in choosing your child's | ||||||
20 | prospective adoptive parents and to ask to meet them. | ||||||
21 | 5. To ask your child's prospective adoptive parents any | ||||||
22 | questions that pertain to your decision to place your child | ||||||
23 | with them. | ||||||
24 | 6. To see your child before signing a Consent or Specified | ||||||
25 | Consent. | ||||||
26 | 7. To request contact with your child and/or the child's |
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1 | prospective adoptive parents, with the understanding that any | ||||||
2 | promises regarding contact with your child or receipt of | ||||||
3 | information about the child after signing a Consent, Specified | ||||||
4 | Consent, or Unborn Consent cannot be enforced under Illinois | ||||||
5 | law. | ||||||
6 | 8. To receive copies of all documents that you sign and | ||||||
7 | have those documents provided to you in your preferred | ||||||
8 | language. | ||||||
9 | 9. To request that your identifying information remain | ||||||
10 | confidential, unless required otherwise by Illinois law or | ||||||
11 | court order, and to register with the Illinois Adoption | ||||||
12 | Registry and Medical Information Exchange. | ||||||
13 | 10. To work with an adoption agency or attorney of your | ||||||
14 | choice, or change said agency or attorney, provided you | ||||||
15 | promptly inform all of the parties currently involved. | ||||||
16 | 11. To receive, upon request, a written list of any | ||||||
17 | promised support, financial or otherwise, from your attorney or | ||||||
18 | the attorney for your child's prospective adoptive parents. | ||||||
19 | 12. To delay signing a Consent, Specified Consent, or | ||||||
20 | Unborn Consent if you are not ready to do so. | ||||||
21 | 13. To decline to sign a Consent, Specified Consent, or | ||||||
22 | Unborn Consent even if you have received financial support from | ||||||
23 | the prospective adoptive parents. | ||||||
24 | If you do not receive any of the rights described in this | ||||||
25 | Form, it shall not be a basis to revoke a Consent, Specified | ||||||
26 | Consent, or Unborn Consent. |
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1 | As a Birth Parent in the State of Illinois, you have the | ||||||
2 | responsibility: | ||||||
3 | 1. To carefully consider your reasons for choosing | ||||||
4 | adoption. | ||||||
5 | 2. To voluntarily provide all known medical, background, | ||||||
6 | and family information about yourself and your immediate family | ||||||
7 | to your child's prospective adoptive parents or their attorney. | ||||||
8 | For the health of your child, you are strongly encouraged, but | ||||||
9 | not required, to provide all known medical, background, and | ||||||
10 | family history information about yourself and your family to | ||||||
11 | your child's prospective adoptive parents or their attorney. | ||||||
12 | 3. (Birth mothers only) To accurately complete an Affidavit | ||||||
13 | of Identification, which identifies the father of the child | ||||||
14 | when known, with the understanding that a birth mother has a | ||||||
15 | right to decline to identify the birth father. | ||||||
16 | 4. To not accept financial support or reimbursement of | ||||||
17 | pregnancy related expenses simultaneously from more than one | ||||||
18 | source. | ||||||
19 | B. The form of consent required for the adoption of an | ||||||
20 | unborn child
shall be substantially as follows:
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21 | CONSENT TO ADOPTION OF UNBORN CHILD
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22 | I, ...., state:
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23 | That I am the father of a child expected to be born on or | ||||||
24 | about ....
to .... (name of mother).
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25 | That I reside at .... County of ...., and State of .....
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26 | That I am of the age of .... years.
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1 | That I hereby enter my appearance in such adoption | ||||||
2 | proceeding and
waive service of summons on me.
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3 | That I hereby acknowledge that I have been provided with a | ||||||
4 | copy of the Birth Parent Rights and Responsibilities-Private | ||||||
5 | Form before signing this Consent, and that I have had time to | ||||||
6 | read, or have had read to me, this Form. I understand that if I | ||||||
7 | do not receive any of the rights as described in this Form, it | ||||||
8 | shall not constitute a basis to revoke this Consent to Adoption | ||||||
9 | of Unborn Child. | ||||||
10 | That I do hereby consent and agree to the adoption of such | ||||||
11 | child, and
that I have not previously executed a consent or | ||||||
12 | surrender with respect
to such child.
| ||||||
13 | That I wish to and do understand that by signing this | ||||||
14 | consent I do
irrevocably and permanently give up all custody | ||||||
15 | and other parental
rights I have to such child, except that I | ||||||
16 | have the right to revoke this
consent by giving written notice | ||||||
17 | of my revocation not later than 72
hours after the birth of the | ||||||
18 | child.
| ||||||
19 | That I understand such child will be placed for adoption | ||||||
20 | and that,
except as hereinabove provided, I cannot under any | ||||||
21 | circumstances, after
signing this document, change my mind and | ||||||
22 | revoke or cancel this consent
or obtain or recover custody or | ||||||
23 | any other rights over such child.
| ||||||
24 | That I have read and understand the above and I am signing | ||||||
25 | it as my
free and voluntary act.
| ||||||
26 | Dated (insert date).
|
| |||||||
| |||||||
1 | ........................
| ||||||
2 | B-5. (1) The parent of a child may execute a consent to | ||||||
3 | standby
adoption by a specified person or persons. A consent | ||||||
4 | under this subsection B-5
shall be acknowledged by a parent | ||||||
5 | pursuant to subsection H and subsection K of
this Section.
The | ||||||
6 | form of consent required for the standby adoption of a born | ||||||
7 | child
effective at a future date when the consenting
parent of | ||||||
8 | the child dies or
requests that a final judgment of adoption be | ||||||
9 | entered shall be substantially as
follows:
| ||||||
10 | FINAL AND IRREVOCABLE CONSENT
| ||||||
11 | TO STANDBY ADOPTION
| ||||||
12 | I, ..., (relationship, e.g. mother or father)
of ...., a | ||||||
13 | ..male child, state:
| ||||||
14 | That the child was born on .... at .....
| ||||||
15 | That I reside at ...., County of ...., and State of .....
| ||||||
16 | That I am of the age of .... years.
| ||||||
17 | That I hereby enter my appearance in this proceeding and | ||||||
18 | waive service of
summons on me in this action only.
| ||||||
19 | That I do hereby consent and
agree to the standby adoption | ||||||
20 | of the child, and that I have not previously
executed a consent | ||||||
21 | or surrender with respect to the child.
| ||||||
22 | That I wish to and understand that by signing this consent | ||||||
23 | I do irrevocably
and permanently give up all custody and other | ||||||
24 | parental rights I have to the
child, effective upon
(my death) | ||||||
25 | (the child's other parent's death) or upon (my) (the other
| ||||||
26 | parent's) request for the entry of a final judgment for |
| |||||||
| |||||||
1 | adoption if .....
(specified person or persons) adopt my child.
| ||||||
2 | That I understand that until (I die) (the child's other | ||||||
3 | parent dies), I
retain all legal rights and obligations | ||||||
4 | concerning the child, but at that time,
I irrevocably give all | ||||||
5 | custody and other parental rights to .... (specified
person or | ||||||
6 | persons).
| ||||||
7 | I understand my child will be adopted by ....... (specified | ||||||
8 | person or
persons) only and that I cannot, under any | ||||||
9 | circumstances, after signing this
document, change my mind and | ||||||
10 | revoke or cancel this consent or obtain or recover
custody or | ||||||
11 | any other rights over my child if ..... (specified person or
| ||||||
12 | persons) adopt my child.
| ||||||
13 | I understand that this consent to standby adoption is valid | ||||||
14 | only if the
petition for standby adoption is filed and that if | ||||||
15 | ....... (specified person or
persons), for any reason, cannot | ||||||
16 | or will not file a petition for standby
adoption or if his, | ||||||
17 | her, or their petition for standby adoption is denied, then
| ||||||
18 | this consent is void. I have the right to notice of any other | ||||||
19 | proceeding that
could affect my parental rights.
| ||||||
20 | That I have read and understand the above and I am signing | ||||||
21 | it as my free and
voluntary act.
| ||||||
22 | Dated (insert date).
| ||||||
23 | ....................
| ||||||
24 | If under Section 8 the consent of more than one person is | ||||||
25 | required, then each
such
person shall execute a separate |
| |||||||
| |||||||
1 | consent. A separate consent shall be executed
for each
child.
| ||||||
2 | (2) If the parent consents to a standby adoption by 2 | ||||||
3 | specified persons,
then the form shall contain 2 additional | ||||||
4 | paragraphs in substantially the
following form:
| ||||||
5 | If .... (specified persons) obtain a judgment of
| ||||||
6 | dissolution of
marriage before the judgment for adoption is | ||||||
7 | entered, then .....
(specified person) shall adopt my child. I | ||||||
8 | understand that I cannot change my
mind and revoke this consent | ||||||
9 | or obtain or recover custody of my child if .....
(specified | ||||||
10 | persons) obtain a judgment of dissolution of marriage and .....
| ||||||
11 | (specified person) adopts my child. I understand that I cannot | ||||||
12 | change my
mind and revoke this consent if ...... (specified | ||||||
13 | persons) obtain a
judgment of dissolution of marriage before | ||||||
14 | the adoption is final. I
understand that this consent to | ||||||
15 | adoption has no effect on who will get custody
of my child if | ||||||
16 | ..... (specified persons) obtain a judgment of dissolution
of | ||||||
17 | marriage after the adoption is final. I understand that if | ||||||
18 | either .....
(specified persons) dies before the petition to | ||||||
19 | adopt my child is granted, then
the surviving person may adopt | ||||||
20 | my child. I understand that I cannot change my
mind and revoke | ||||||
21 | this consent or obtain or recover custody of my child if the
| ||||||
22 | surviving person adopts my child.
| ||||||
23 | A consent to standby adoption by specified persons on this | ||||||
24 | form shall have no
effect on a court's determination of custody | ||||||
25 | or visitation under the Illinois
Marriage and Dissolution
of | ||||||
26 | Marriage Act if the marriage of the specified persons is |
| |||||||
| |||||||
1 | dissolved before
the adoption is final.
| ||||||
2 | (3) The form of the certificate of acknowledgement for a | ||||||
3 | Final and
Irrevocable Consent for Standby Adoption shall be | ||||||
4 | substantially as follows:
| ||||||
5 | STATE OF .....)
| ||||||
6 | ) SS.
| ||||||
7 | COUNTY OF ....)
| ||||||
8 | I, ....... (name of Judge or other person) ..... (official | ||||||
9 | title,
name, and address), certify that ......., personally | ||||||
10 | known to me to be
the same person whose name is subscribed to | ||||||
11 | the foregoing Final and Irrevocable
Consent to Standby | ||||||
12 | Adoption, appeared before me this day in person and
| ||||||
13 | acknowledged that (she) (he) signed and
delivered the consent | ||||||
14 | as (her) (his) free and voluntary act, for the specified
| ||||||
15 | purpose.
| ||||||
16 | I have fully explained that this consent to adoption is | ||||||
17 | valid only if the
petition to adopt is filed, and that if the | ||||||
18 | specified person or persons, for
any reason, cannot or will not | ||||||
19 | adopt the child or if the adoption petition is
denied, then | ||||||
20 | this consent will be void. I have fully explained that if the
| ||||||
21 | specified person or persons adopt the child, by signing this | ||||||
22 | consent (she) (he)
is irrevocably and permanently | ||||||
23 | relinquishing all parental rights to the child,
and (she) (he) | ||||||
24 | has stated that such is (her) (his) intention and desire.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | office in the City of ...., County of
.... and State of ...., | ||||||
2 | for the purpose of enabling it to care for and
supervise the | ||||||
3 | care of such child, to place such child for adoption and
to | ||||||
4 | consent to the legal adoption of such child.
| ||||||
5 | That I hereby grant to the Agency full power and authority | ||||||
6 | to place
such child with any person or persons it may in its | ||||||
7 | sole discretion
select to become the adopting parent or parents | ||||||
8 | and to consent to the
legal adoption of such child by such | ||||||
9 | person or persons; and to take any
and all measures which, in | ||||||
10 | the judgment of the Agency, may be for the
best interests of | ||||||
11 | such child, including authorizing medical, surgical
and dental | ||||||
12 | care and treatment including inoculation and anaesthesia for
| ||||||
13 | such child.
| ||||||
14 | That I wish to and understand that by signing this | ||||||
15 | surrender I do
irrevocably and permanently give up all custody | ||||||
16 | and other parental
rights I have to such child.
| ||||||
17 | That I understand I cannot under any circumstances, after | ||||||
18 | signing
this surrender, change my mind and revoke or cancel | ||||||
19 | this surrender or
obtain or recover custody or any other rights | ||||||
20 | over 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 | C-5. The form of a Final and Irrevocable Designated | ||||||
26 | Surrender for Purposes of Adoption to any agency given by a |
| |||||||
| |||||||
1 | parent of a born child who is to be subsequently placed for | ||||||
2 | adoption is to be used by legal parents only. The form shall be | ||||||
3 | substantially as follows and shall contain such other facts and | ||||||
4 | statements as the particular agency shall require: | ||||||
5 | FINAL AND IRREVOCABLE DESIGNATED SURRENDER | ||||||
6 | FOR PURPOSES OF ADOPTION | ||||||
7 | I, .... (relationship, e.g., mother, father, relative, | ||||||
8 | guardian) of ...., a ..male child, state: | ||||||
9 | 1. That such child was born on ...., at ..... | ||||||
10 | 2. That I reside at ...., County of ...., and State of | ||||||
11 | ..... | ||||||
12 | 3. That I am of the age of .... years. | ||||||
13 | 4. That I do hereby surrender and entrust the entire | ||||||
14 | custody and control of such child to the .... (the "Agency"), a | ||||||
15 | (public) (licensed) child welfare agency with its principal | ||||||
16 | office in the City of ...., County of .... and State of ...., | ||||||
17 | for the purpose of enabling it to care for and supervise the | ||||||
18 | care of such child, to place such child for adoption with | ||||||
19 | ............................. (specified person or persons) | ||||||
20 | and to consent to the legal adoption of such child and to take | ||||||
21 | any and all measures which, in the judgment of the Agency, may | ||||||
22 | be for the best interests of such child, including authorizing | ||||||
23 | medical, surgical and dental care and treatment including | ||||||
24 | inoculation and anesthesia for such child. | ||||||
25 | 5. That I wish to and understand that by signing this | ||||||
26 | surrender I do irrevocably and permanently give up all custody |
| |||||||
| |||||||
1 | and other parental rights I have to such child. | ||||||
2 | 6. That if the petition for adoption is not filed by the
| ||||||
3 | specified person or persons designated herein or, if the
| ||||||
4 | petition for adoption is filed but the adoption petition is
| ||||||
5 | dismissed with prejudice or the adoption proceeding is
| ||||||
6 | otherwise concluded without an order declaring the child to be
| ||||||
7 | the adopted child of each specified person, then I understand | ||||||
8 | that the Agency will provide notice to me within 10 business | ||||||
9 | days and that such notice will be directed to me using the | ||||||
10 | contact information I have provided to the Agency. I understand | ||||||
11 | that I will have 10 business days from the date that the Agency | ||||||
12 | sends me its notice to respond, within which time I may choose | ||||||
13 | to designate other adoptive parent(s). However, I acknowledge | ||||||
14 | that
the Agency has full power and authority to place the child | ||||||
15 | for adoption with
any person or persons it may in its sole | ||||||
16 | discretion select to
become the adopting parent or parents and | ||||||
17 | to consent to the
legal adoption of the child by such person or | ||||||
18 | persons. | ||||||
19 | 7. That I acknowledge that this surrender is valid even if | ||||||
20 | the specified persons separate or divorce or one of the | ||||||
21 | specified persons dies prior to the entry of the final judgment | ||||||
22 | for adoption. | ||||||
23 | 8. That I expressly acknowledge that the above paragraphs 6 | ||||||
24 | and 7 do not impair the validity and absolute finality of this | ||||||
25 | surrender under any circumstance. | ||||||
26 | 9. That I understand that I have a remaining obligation to |
| |||||||
| |||||||
1 | keep the Agency informed of my current contact information | ||||||
2 | until the adoption of the child has been finalized if I wish to | ||||||
3 | be notified in the event the adoption by the specified | ||||||
4 | person(s) cannot proceed. | ||||||
5 | 10. That I understand I cannot under any circumstances, | ||||||
6 | after signing this surrender, change my mind and revoke or | ||||||
7 | cancel this surrender or obtain or recover custody or any other | ||||||
8 | rights over such child. | ||||||
9 | 11. That I have read and understand the above and I am | ||||||
10 | signing it as my free and voluntary act. | ||||||
11 | Dated (insert date). | ||||||
12 | .............................. | ||||||
13 | D. The form of surrender to an agency given by a parent of | ||||||
14 | an unborn
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 | SURRENDER OF UNBORN CHILD FOR
| ||||||
18 | PURPOSES OF ADOPTION
| ||||||
19 | I, .... (father), state:
| ||||||
20 | That I am the father of a child expected to be born on or | ||||||
21 | about ....
to .... (name of mother).
| ||||||
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 |
| |||||||
| |||||||
1 | office in the City of ...., County of
.... and State of ...., | ||||||
2 | for the purpose of enabling it to care for and
supervise the | ||||||
3 | care of such child, to place such child for adoption and
to | ||||||
4 | consent to the legal adoption of such child, and that I have | ||||||
5 | not
previously executed a consent or surrender with respect to | ||||||
6 | such child.
| ||||||
7 | That I hereby grant to the Agency full power and authority | ||||||
8 | to place
such child with any person or persons it may in its | ||||||
9 | sole discretion
select to become the adopting parent or parents | ||||||
10 | and to consent to the
legal adoption of such child by such | ||||||
11 | person or persons; and to take any
and all measures which, in | ||||||
12 | the judgment of the Agency, may be for the
best interests of | ||||||
13 | such child, including authorizing medical, surgical
and dental | ||||||
14 | care and treatment, including inoculation and anaesthesia for
| ||||||
15 | such child.
| ||||||
16 | That I wish to and understand that by signing this | ||||||
17 | surrender I do
irrevocably and permanently give up all custody | ||||||
18 | and other parental
rights I have to such child.
| ||||||
19 | That I understand I cannot under any circumstances, after | ||||||
20 | signing
this surrender, change my mind and revoke or cancel | ||||||
21 | this surrender or
obtain or recover custody or any other rights | ||||||
22 | over such child, except
that I have the right to revoke this | ||||||
23 | surrender by giving written notice
of my revocation not later | ||||||
24 | than 72 hours after the birth of such child.
| ||||||
25 | That I have read and understand the above and I am signing | ||||||
26 | it as my
free and voluntary act.
|
| |||||||
| |||||||
1 | Dated (insert date).
| ||||||
2 | ........................
| ||||||
3 | E. The form of consent required from the parents for the | ||||||
4 | adoption of
an adult, when such adult elects to obtain such | ||||||
5 | consent, shall be
substantially as follows:
| ||||||
6 | CONSENT
| ||||||
7 | I, ...., (father) (mother) of ...., an adult, state:
| ||||||
8 | That I reside at ...., County of .... and State of .....
| ||||||
9 | That I do hereby consent and agree to the adoption of such | ||||||
10 | adult by
.... and .....
| ||||||
11 | Dated (insert date).
| ||||||
12 | .........................
| ||||||
13 | F. The form of consent required for the adoption of a child | ||||||
14 | of the
age of 14 years or upwards, or of an adult, to be given | ||||||
15 | by such person,
shall be substantially as follows:
| ||||||
16 | CONSENT
| ||||||
17 | I, ...., state:
| ||||||
18 | That I reside at ...., County of .... and State of ..... | ||||||
19 | That I am
of the age of .... years. That I consent and agree to | ||||||
20 | my adoption by
.... and .....
| ||||||
21 | Dated (insert date).
| ||||||
22 | ........................
| ||||||
23 | G. The form of consent given by an agency to the adoption | ||||||
24 | by
specified persons of a child previously surrendered to it | ||||||
25 | shall set
forth that the agency has the authority to execute | ||||||
26 | such consent. The
form of consent given by a guardian of the |
| |||||||
| |||||||
1 | person of a child sought to
be adopted, appointed by a court of | ||||||
2 | competent jurisdiction, shall set
forth the facts of such | ||||||
3 | appointment and the authority of the guardian to
execute such | ||||||
4 | consent.
| ||||||
5 | H. A consent (other than that given by an agency, or | ||||||
6 | guardian of the
person of the child sought to be adopted who | ||||||
7 | was appointed by a court of
competent jurisdiction) shall be | ||||||
8 | acknowledged by a parent before a judge of a court of competent | ||||||
9 | jurisdiction or, except as otherwise provided in
this Act, | ||||||
10 | before a representative of an agency, or before a person, other | ||||||
11 | than the attorney for the prospective adoptive parent or | ||||||
12 | parents, designated by a court of competent
jurisdiction.
| ||||||
13 | I. A surrender, or any other document equivalent to a | ||||||
14 | surrender, by
which a child is surrendered to an agency shall | ||||||
15 | be acknowledged by the
person signing such surrender, or other | ||||||
16 | document, before a judge of a court of competent jurisdiction, | ||||||
17 | or, except as otherwise provided in this Act, before a | ||||||
18 | representative of an agency, or before a person designated by a | ||||||
19 | court
of competent jurisdiction.
| ||||||
20 | J. The form of the certificate of acknowledgment for a | ||||||
21 | consent, a
surrender, or any other document equivalent to a | ||||||
22 | surrender, shall be
substantially as follows:
| ||||||
23 | STATE OF ....)
| ||||||
24 | ) SS.
| ||||||
25 | COUNTY OF ...)
| ||||||
26 | I, .... (Name of judge or other person), .... (official |
| |||||||
| |||||||
1 | title, name and
location of court or status or position of | ||||||
2 | other person),
certify that ...., personally known to me to be | ||||||
3 | the same person whose
name is subscribed to the foregoing | ||||||
4 | (consent) (surrender), appeared
before me this day in person | ||||||
5 | and acknowledged that (she) (he) signed and
delivered such | ||||||
6 | (consent) (surrender) as (her) (his) free and voluntary
act, | ||||||
7 | for the specified purpose.
| ||||||
8 | I have fully explained that by signing such (consent) | ||||||
9 | (surrender)
(she) (he) is irrevocably relinquishing all | ||||||
10 | parental rights to such
child or adult and (she) (he) has | ||||||
11 | stated that such is (her) (his)
intention and desire. (Add if | ||||||
12 | Consent only) I am further satisfied that, before signing this | ||||||
13 | Consent, ........ has read, or has had read to him or her, the | ||||||
14 | Birth Parent Rights and Responsibilities-Private Form.
| ||||||
15 | Dated (insert date).
| ||||||
16 | Signature ...............
| ||||||
17 | K. When the execution of a consent or a surrender is | ||||||
18 | acknowledged
before someone other than a judge,
such other | ||||||
19 | person shall have his or her signature on the certificate
| ||||||
20 | acknowledged before a notary public, in form substantially as | ||||||
21 | follows:
| ||||||
22 | STATE OF ....)
| ||||||
23 | ) SS.
| ||||||
24 | COUNTY OF ...)
| ||||||
25 | I, a Notary Public, in and for the County of ......, in the | ||||||
26 | State of
......, certify that ...., personally known to me to |
| |||||||
| |||||||
1 | be the
same person whose name is subscribed to the foregoing | ||||||
2 | certificate of
acknowledgment, appeared before me in person and | ||||||
3 | acknowledged that (she)
(he) signed such certificate as (her) | ||||||
4 | (his) free and voluntary act and
that the statements made in | ||||||
5 | the certificate are true.
| ||||||
6 | Dated (insert date).
| ||||||
7 | Signature ...................... Notary Public
| ||||||
8 | (official seal)
| ||||||
9 | There shall be attached a certificate of magistracy, or | ||||||
10 | other
comparable proof of office of the notary public | ||||||
11 | satisfactory to the
court, to a consent signed and acknowledged | ||||||
12 | in another state.
| ||||||
13 | L. A surrender or consent executed and acknowledged outside | ||||||
14 | of this
State, either in accordance with the law of this State | ||||||
15 | or in accordance
with the law of the place where executed, is | ||||||
16 | valid.
| ||||||
17 | M. Where a consent or a surrender is signed in a foreign | ||||||
18 | country,
the execution of such consent shall be acknowledged or | ||||||
19 | affirmed in a
manner conformable to the law and procedure of | ||||||
20 | such country.
| ||||||
21 | N. If the person signing a consent or surrender is in the | ||||||
22 | military
service of the United States, the execution of such | ||||||
23 | consent or surrender
may be acknowledged before a commissioned | ||||||
24 | officer and the signature of
such officer on such certificate | ||||||
25 | shall be verified or acknowledged
before a notary public or by |
| |||||||
| |||||||
1 | such other procedure as is then in effect
for such division or | ||||||
2 | branch of the armed forces.
| ||||||
3 | O. (1) The parent or parents of a child in whose interests | ||||||
4 | a petition
under Section 2-13 of the Juvenile Court Act of 1987 | ||||||
5 | is pending may, with the
approval of the designated | ||||||
6 | representative of the Department of Children and
Family | ||||||
7 | Services ("Department" or "DCFS") , execute a consent to | ||||||
8 | adoption by a specified person or
persons:
| ||||||
9 | (a) in whose physical custody the child has resided for | ||||||
10 | at least 6
months;
or
| ||||||
11 | (b) in whose physical custody at least one sibling of | ||||||
12 | the child who is the
subject of this consent has resided | ||||||
13 | for at least 6 months, and
the child who is
the subject of | ||||||
14 | this consent is currently residing in this foster home; or
| ||||||
15 | (c) in whose physical custody a child under one year of | ||||||
16 | age has resided
for at least 3 months.
| ||||||
17 | The court may waive the time frames in subdivisions (a), (b), | ||||||
18 | and (c) for good cause shown if the court finds it to be in the | ||||||
19 | child's best interests. | ||||||
20 | A consent under this subsection O shall be acknowledged by a | ||||||
21 | parent pursuant to
subsection H and subsection K of this | ||||||
22 | Section.
| ||||||
23 | (2) The final and irrevocable consent to adoption by a | ||||||
24 | specified person or persons in a Department of Children and | ||||||
25 | Family Services (DCFS) case consent to adoption by a specified | ||||||
26 | person or persons shall have the
caption of the proceeding in |
| |||||||
| |||||||
1 | which it is to be filed and shall be substantially
as follows:
| ||||||
2 | FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| ||||||
3 | A SPECIFIED PERSON OR PERSONS: DCFS CASE
| ||||||
4 | I, ......................................, the | ||||||
5 | .................. (mother or
father) of a ....male child, | ||||||
6 | state:
| ||||||
7 | 1. My child ............................ (name of | ||||||
8 | child) was born on
(insert date) at .................... | ||||||
9 | Hospital in the municipality of ........., in
| ||||||
10 | ................ County, State of ...............
| ||||||
11 | 2. I reside at ......................, County of | ||||||
12 | ............. and
State of .............. | ||||||
13 | Mail may also be sent to me at this address | ||||||
14 | ............................, in care of ................. | ||||||
15 | My home telephone number is .......................... | ||||||
16 | My cell telephone number is .......................... | ||||||
17 | My e-mail address is .................................
| ||||||
18 | 3. I, ..........................., am .... years old.
| ||||||
19 | 4. I enter my appearance in this action for my child to | ||||||
20 | be adopted to adopt my child by the
person or persons | ||||||
21 | specified herein by me and waive service of
summons on me | ||||||
22 | in this action only.
| ||||||
23 | 5. I hereby acknowledge that I have been provided a | ||||||
24 | copy of the Birth Parent Rights and Responsibilities for | ||||||
25 | DCFS Cases before signing this Consent and that I have had | ||||||
26 | time to read this form or have it read to me and that I |
| |||||||
| |||||||
1 | understand the rights and responsibilities described in | ||||||
2 | this form. I understand that if I do not receive any of my | ||||||
3 | rights as described in the form, it shall not constitute a | ||||||
4 | basis to revoke this Final and Irrevocable Consent to | ||||||
5 | Adoption by a Specified Person or Persons. | ||||||
6 | 6. I do hereby consent and agree to the adoption of | ||||||
7 | such child by .......... (specified person or persons) | ||||||
8 | only. | ||||||
9 | 7. I wish to sign this consent and I understand that by | ||||||
10 | signing this consent I irrevocably and permanently give up | ||||||
11 | all my parental rights I have to my child. | ||||||
12 | 8. I understand that this consent allows my child to be | ||||||
13 | adopted by .......... only and that I cannot under any | ||||||
14 | circumstances after signing this document change my mind | ||||||
15 | and revoke or cancel this consent. | ||||||
16 | 9. I understand that this consent will be void if: | ||||||
17 | (a) the Department places my child with someone | ||||||
18 | other than the specified person or persons; or | ||||||
19 | (b) a court denies the adoption petition for the | ||||||
20 | specified person or persons to adopt my child; or | ||||||
21 | (c) the DCFS Guardianship Administrator refuses to | ||||||
22 | consent to my child's adoption by the specified person | ||||||
23 | or persons on the basis that the adoption is not in my | ||||||
24 | child's best interests. | ||||||
25 | I understand that if this consent is void I have | ||||||
26 | parental rights to my child, subject to any applicable |
| |||||||
| |||||||
1 | court orders including those entered under Article II of | ||||||
2 | the Juvenile Court Act of 1987, unless and until I sign a | ||||||
3 | new consent or surrender or my parental rights are | ||||||
4 | involuntarily terminated. I understand that if this | ||||||
5 | consent is void, my child may be adopted by someone other | ||||||
6 | than the specified person or persons only if I sign a new | ||||||
7 | consent or surrender, or my parental rights are | ||||||
8 | involuntarily terminated. I understand that if this | ||||||
9 | consent is void, the Department will notify me within 30 | ||||||
10 | days using the addresses and telephone numbers I provided | ||||||
11 | in paragraph 2 of this form. I understand that if I receive | ||||||
12 | such a notice, it is very important that I contact the | ||||||
13 | Department immediately, and preferably within 30 days, to | ||||||
14 | have input into the plan for my child's future. | ||||||
15 | 10. I understand that if a petition for adoption of my | ||||||
16 | child is filed by someone other than the specified person | ||||||
17 | or persons, the Department will notify me within 14 days | ||||||
18 | after the Department becomes aware of the petition. The | ||||||
19 | fact that someone other than the specified person or | ||||||
20 | persons files a petition to adopt my child does not make | ||||||
21 | this consent void. | ||||||
22 | 11. If a person other than the specified person or | ||||||
23 | persons files a petition to adopt my child or if the | ||||||
24 | consent is void under paragraph 9, the Department will send | ||||||
25 | written notice to me using the mailing address and email | ||||||
26 | address provided by me in paragraph 2 of this form. The |
| |||||||
| |||||||
1 | Department will also contact me using the telephone numbers | ||||||
2 | I provided in paragraph 2 of this form. It is very | ||||||
3 | important that I let the Department know if any of my | ||||||
4 | contact information changes. If I do not let the Department | ||||||
5 | know if any of my contact information changes, I understand | ||||||
6 | that I may not receive notification from the Department if | ||||||
7 | this consent is void or if someone other than the specified | ||||||
8 | person or persons files a petition to adopt my child. If | ||||||
9 | any of my contact information changes, I should immediately | ||||||
10 | notify: | ||||||
11 | Caseworker's name and telephone number: | ||||||
12 | ............................................................; | ||||||
13 | Agency name, address, zip code, and telephone number: | ||||||
14 | ............................................................; | ||||||
15 | Supervisor's name and telephone number: | ||||||
16 | ............................................................; | ||||||
17 | DCFS Advocacy Office for Children and Families: | ||||||
18 | 800-232-3798. | ||||||
19 | 12. I expressly acknowledge that paragraph 9 (and | ||||||
20 | paragraphs 8a and 8b, if applicable) do not impair the | ||||||
21 | validity and finality of this consent under any | ||||||
22 | circumstances.
| ||||||
23 | I consent to the adoption of my child by
| ||||||
24 | .............................
(specified person or | ||||||
25 | persons) only.
| ||||||
26 | I wish to sign this consent and I understand that by |
| |||||||
| |||||||
1 | signing this
consent I irrevocably and permanently give up | ||||||
2 | all parental rights I have to my
child if my child is | ||||||
3 | adopted by ............................. (specified person
| ||||||
4 | or persons).
| ||||||
5 | I understand my child will be adopted by | ||||||
6 | .............................
(specified person or | ||||||
7 | persons) only and that I cannot under any circumstances,
| ||||||
8 | after signing this document, change my mind and revoke or | ||||||
9 | cancel this consent
or obtain or recover custody or any | ||||||
10 | other rights over my child if
............................ | ||||||
11 | (specified person or persons) adopt my child.
| ||||||
12 | I understand that this consent to adoption is valid | ||||||
13 | only if the
petition to adopt is filed within one year from | ||||||
14 | the date that I sign it and
that if ....................... | ||||||
15 | (specified person or persons), for any reason,
cannot or | ||||||
16 | will not file a petition to adopt my child within that one | ||||||
17 | year
period or if their adoption petition is denied, then | ||||||
18 | this consent will be
voidable after one year upon the | ||||||
19 | timely filing of my motion. If I file this
motion before | ||||||
20 | the filing of the petition for adoption, I understand that | ||||||
21 | the
court shall revoke this specific consent.
I have the | ||||||
22 | right to notice of any other proceeding that could affect | ||||||
23 | my
parental rights, except for the proceeding for | ||||||
24 | ............. (specified person
or persons) to adopt my | ||||||
25 | child.
| ||||||
26 |
13. I have read and understand the above and I am |
| |||||||
| |||||||
1 | signing it as my free
and voluntary act.
| ||||||
2 | Dated (insert date).
| ||||||
3 | .............................................
| ||||||
4 | Signature of parent
| ||||||
5 | (3) If the parent consents to an adoption by 2 specified | ||||||
6 | persons, then the
form shall contain 2 additional paragraphs in | ||||||
7 | substantially the following form:
| ||||||
8 | 8a. If ............... (specified persons) get a | ||||||
9 | divorce
or are granted a dissolution of a civil union | ||||||
10 | before the petition to adopt my child is granted, this | ||||||
11 | consent is valid for ........... (specified person) to | ||||||
12 | adopt my child. I understand that I cannot change my mind | ||||||
13 | or revoke this consent or recover custody of my child on | ||||||
14 | the basis that the specified persons divorce or are granted | ||||||
15 | a dissolution of a civil union. then ..........
(specified | ||||||
16 | person) shall adopt my child. I understand that I
cannot | ||||||
17 | change my mind and revoke this consent or obtain or
recover | ||||||
18 | custody over my child if ............. (specified persons)
| ||||||
19 | divorce and ............. (specified person) adopts my
| ||||||
20 | child. I understand that I cannot change my mind and revoke
| ||||||
21 | this consent or obtain or recover custody over my child if
| ||||||
22 | ................. (specified persons) divorce after the
| ||||||
23 | adoption is final. I understand that this consent to | ||||||
24 | adoption
has no effect on who will get custody of my child | ||||||
25 | if they
divorce after the adoption is final.
| ||||||
26 | 8b. I understand that if either ...............
|
| |||||||
| |||||||
1 | (specified persons) dies before the petition to adopt
my | ||||||
2 | child is granted, this consent remains valid for the | ||||||
3 | surviving person to adopt my child. I understand that I | ||||||
4 | cannot change my mind or revoke this consent or recover | ||||||
5 | custody of my child on the basis that one of the specified | ||||||
6 | persons dies. then the surviving person can adopt my child. | ||||||
7 | I
understand that I cannot change my mind and revoke this | ||||||
8 | consent
or obtain or recover custody over my child if the | ||||||
9 | surviving
person adopts my child.
| ||||||
10 | A consent to adoption by specified persons on this form | ||||||
11 | shall
have no effect on a court's determination of custody or | ||||||
12 | visitation
under the Illinois Marriage and Dissolution of | ||||||
13 | Marriage Act if the
marriage of the
specified persons is | ||||||
14 | dissolved after the adoption is final.
| ||||||
15 | (4) The form of the certificate of acknowledgement for a | ||||||
16 | Final and
Irrevocable Consent for Adoption by a Specified | ||||||
17 | Person or Persons: DCFS Case shall be
substantially as follows:
| ||||||
18 | STATE OF ..............)
| ||||||
19 | ) SS.
| ||||||
20 | COUNTY OF .............)
| ||||||
21 | I, .................... (Name of Judge or other person),
| ||||||
22 | ..................... (official title, name, and address),
| ||||||
23 | certify that ............., personally known to me to be the | ||||||
24 | same person whose
name is subscribed to the foregoing Final and |
| |||||||
| |||||||
1 | Irrevocable Consent for Adoption
by a Specified Person or | ||||||
2 | Persons : DCFS Case , appeared before me this day
in person and | ||||||
3 | acknowledged that (she)(he) signed and delivered the consent as
| ||||||
4 | (her)(his) free and voluntary act, for the specified purpose.
| ||||||
5 | I have fully explained that this consent to adoption is | ||||||
6 | valid only if the
petition to adopt is filed within one year | ||||||
7 | from the date that it is signed, and
that if the specified | ||||||
8 | person or persons, for any reason, cannot or will not
adopt the | ||||||
9 | child or if the adoption petition is denied, then this consent | ||||||
10 | will
be voidable after one year upon the timely filing of a | ||||||
11 | motion by the parent
to revoke the consent. I explained that if | ||||||
12 | this motion is filed before the
filing of the petition for | ||||||
13 | adoption, the court shall revoke this specific
consent. I have | ||||||
14 | fully explained that if the specified person or
persons adopt
| ||||||
15 | the child, by signing this consent this parent is irrevocably
| ||||||
16 | and permanently
relinquishing all parental rights to the child | ||||||
17 | so that the child may be adopted by a specified person or | ||||||
18 | persons , and this parent has stated that
such is (her)(his) | ||||||
19 | intention and desire. I have fully explained that this consent | ||||||
20 | is void only if:
| ||||||
21 | (a) the placement is disrupted and the child is moved | ||||||
22 | to a different placement; or | ||||||
23 | (b) a court denies the petition for adoption; or | ||||||
24 | (c) the Department of Children and Family Services | ||||||
25 | Guardianship Administrator refuses to consent to the | ||||||
26 | child's adoption by a specified person or persons on the |
| |||||||
| |||||||
1 | basis that the adoption is not in the child's best | ||||||
2 | interests. | ||||||
3 | Dated (insert date).
| ||||||
4 | ...............................
| ||||||
5 | Signature
| ||||||
6 | (5) If a consent to adoption by a specified person or | ||||||
7 | persons is executed in
this form, the following provisions | ||||||
8 | shall apply. The consent shall be valid
only for the if that | ||||||
9 | specified person or persons to adopt the child. The consent | ||||||
10 | shall be void
voidable after one year if:
| ||||||
11 | (a) the placement disrupts and the child is moved to | ||||||
12 | another placement the specified person or persons do not | ||||||
13 | file a petition to adopt the
child within one year after | ||||||
14 | the consent is signed and the parent files a
timely motion | ||||||
15 | to revoke this consent. If this motion is filed before the
| ||||||
16 | filing of the petition for adoption the court shall revoke | ||||||
17 | this consent ; or
| ||||||
18 | (b) a court denies the petition for adoption a court | ||||||
19 | denies the adoption petition ; or
| ||||||
20 | (c) the Department of Children and Family Services | ||||||
21 | Guardianship
Administrator refuses to consent to the | ||||||
22 | child's adoption by the specified person or persons on the | ||||||
23 | basis that the adoption is not in the child's best | ||||||
24 | interests determines that the specified person or persons | ||||||
25 | will not or
cannot complete the adoption, or in the best | ||||||
26 | interests of the child should not
adopt the child .
|
| |||||||
| |||||||
1 | If the consent is void under this Section, the parent shall | ||||||
2 | not need to take further action to revoke the consent. No | ||||||
3 | proceeding for termination of parental rights shall be brought | ||||||
4 | unless the parent who executed the consent to adoption by a | ||||||
5 | specified person or persons has been notified of the | ||||||
6 | proceedings pursuant to Section 7 of this Act or subsection (4) | ||||||
7 | of Section 2-13 of the Juvenile Court Act of 1987. Within 30 | ||||||
8 | days of the consent becoming void, the Department of Children | ||||||
9 | and
Family Services Guardianship Administrator shall make good | ||||||
10 | faith attempts to
notify the parent in writing and shall give | ||||||
11 | written notice to the court and all
additional parties in | ||||||
12 | writing that the adoption has not occurred or will not
occur | ||||||
13 | and that the consent is void. If the adoption by a specified | ||||||
14 | person or
persons does not occur, no proceeding for termination | ||||||
15 | of parental rights shall
be brought unless the biological | ||||||
16 | parent who executed the consent to adoption by
a specified | ||||||
17 | person or persons has been notified of the proceeding pursuant | ||||||
18 | to
Section 7 of this Act or subsection (4) of Section 2-13 of | ||||||
19 | the Juvenile Court
Act of 1987. The parent shall not need to | ||||||
20 | take further action to revoke the
consent if the specified | ||||||
21 | adoption does not occur, notwithstanding the
provisions of | ||||||
22 | Section 11 of this Act.
| ||||||
23 | (6) The Department of Children and Family Services is | ||||||
24 | authorized
to promulgate rules necessary to implement this | ||||||
25 | subsection O.
| ||||||
26 | (7) (Blank). The Department shall collect and maintain data |
| |||||||
| |||||||
1 | concerning the efficacy
of specific consents. This data shall | ||||||
2 | include the number of specific consents
executed and their | ||||||
3 | outcomes, including but not limited to the number of
children | ||||||
4 | adopted pursuant to the consents, the number of children for | ||||||
5 | whom
adoptions are not completed, and the reason or reasons why | ||||||
6 | the adoptions are
not completed.
| ||||||
7 | (8) The Department of Children and Family Services shall | ||||||
8 | promulgate a rule and procedures regarding Consents to Adoption | ||||||
9 | by a Specified Person or Persons in DCFS cases. The rule and | ||||||
10 | procedures shall provide for the development of the Birth | ||||||
11 | Parent Rights and Responsibilities Form for DCFS
Cases. | ||||||
12 | (9) A consent to adoption by specified persons on this
| ||||||
13 | consent form shall have no effect on a court's determination of
| ||||||
14 | custody or visitation under the Illinois Marriage and
| ||||||
15 | Dissolution of Marriage Act or the Illinois Religious Freedom
| ||||||
16 | Protection and Civil Union Act if the marriage or civil union | ||||||
17 | of the
specified persons is dissolved after the adoption is | ||||||
18 | final. | ||||||
19 | P. If the person signing a consent is incarcerated or | ||||||
20 | detained in a correctional facility, prison, jail, detention | ||||||
21 | center, or other comparable institution, either in this State | ||||||
22 | or any other jurisdiction, the execution of such consent may be | ||||||
23 | acknowledged before social service personnel of such | ||||||
24 | institution, or before a person designated by a court of | ||||||
25 | competent jurisdiction. | ||||||
26 | Q. A consent may be acknowledged telephonically, via |
| |||||||
| |||||||
1 | audiovisual connection, or other electronic means, provided | ||||||
2 | that a court of competent jurisdiction has entered an order | ||||||
3 | approving the execution of the consent in such manner and has | ||||||
4 | designated an individual to be physically present with the | ||||||
5 | parent executing such consent in order to verify the identity | ||||||
6 | of the parent. | ||||||
7 | R. An agency whose representative is acknowledging a | ||||||
8 | consent pursuant to this Section shall be a public child | ||||||
9 | welfare agency, or a child welfare agency, or a child placing | ||||||
10 | agency that is authorized or licensed in the State or | ||||||
11 | jurisdiction in which the consent is signed. | ||||||
12 | S. The form of waiver by a putative or legal father of a | ||||||
13 | born or unborn child shall be substantially as follows: | ||||||
14 | FINAL AND IRREVOCABLE | ||||||
15 | WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | ||||||
16 | I, .................... , state under oath or affirm as | ||||||
17 | follows: | ||||||
18 | 1. That the biological mother ............... has | ||||||
19 | named me as a possible biological or
legal father of her | ||||||
20 | minor child who was born, or is expected to be born on
| ||||||
21 | ..........., ......, in the City/Town of........., State | ||||||
22 | of ........... | ||||||
23 | 2. That I understand that the biological mother | ||||||
24 | ............. intends to or has placed the child
for |
| |||||||
| |||||||
1 | adoption. | ||||||
2 | 3. That I reside at ................, in the City/Town | ||||||
3 | of...........,
State of ................ | ||||||
4 | 4. That I am ................ years of age and my date | ||||||
5 | of birth is ..............., ............. | ||||||
6 | 5. That I (select one): | ||||||
7 | ..... am married to the biological mother. | ||||||
8 | ..... am not married to the biological mother and | ||||||
9 | have not been married to the biological
mother within | ||||||
10 | 300 days before the child's birth or expected date of | ||||||
11 | child's birth. | ||||||
12 | ..... am not currently married to the biological | ||||||
13 | mother, but was married to the biological
mother, | ||||||
14 | within 300 days before the child's birth or expected | ||||||
15 | date of child's birth. | ||||||
16 | 6. That I (select one): | ||||||
17 | ..... neither admit nor deny that I am the | ||||||
18 | biological father of the child. | ||||||
19 | ..... deny that I am the biological father of the | ||||||
20 | child. | ||||||
21 | 7. That I hereby agree to the termination of my | ||||||
22 | parental rights, if any, without further notice to me
of | ||||||
23 | any proceeding for the adoption of the minor child, even if | ||||||
24 | I have taken any action to establish
parental rights or | ||||||
25 | take any such action in the future including registering | ||||||
26 | with any putative father
registry. |
| |||||||
| |||||||
1 | 8. That I understand that by signing this Waiver I do | ||||||
2 | irrevocably and permanently give up all
custody and other | ||||||
3 | parental rights I may have to such child. | ||||||
4 | 9. That I understand that this Waiver is FINAL AND | ||||||
5 | IRREVOCABLE and that I am permanently
barred from | ||||||
6 | contesting any proceeding for the adoption of the child | ||||||
7 | after I sign this Waiver. | ||||||
8 | 10. That I waive any further service of summons or | ||||||
9 | other pleadings in any proceeding to terminate
parental | ||||||
10 | rights, if any to this child, or any proceeding for | ||||||
11 | adoption of this child. | ||||||
12 | 11. That I understand that if a final judgment or order | ||||||
13 | of adoption for this child is not entered, then
any | ||||||
14 | parental rights or responsibilities that I may have remain | ||||||
15 | intact. | ||||||
16 | 12. That I have read and understand the above and that | ||||||
17 | I am signing it as my free and voluntary act. | ||||||
18 | Dated: ................... , .............. | ||||||
19 | ........................................... | ||||||
20 | Signature | ||||||
21 | OATH | ||||||
22 | I have been duly sworn and I state under oath that I have read | ||||||
23 | and understood this Final and Irrevocable
Waiver of Parental | ||||||
24 | Rights of Putative or Legal Father. The facts contained in it |
| |||||||
| |||||||
1 | are true and correct to the
best of my knowledge. I have signed | ||||||
2 | this document as my free and voluntary act in order to | ||||||
3 | facilitate the
adoption of the child. | ||||||
4 | .............................. | ||||||
5 | Signature | ||||||
6 | Signed and Sworn before me on | ||||||
7 | this ............ day | ||||||
8 | of ..........., 20.... | ||||||
9 | ................... | ||||||
10 | Notary Public | ||||||
11 | (Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11; | ||||||
12 | 97-493, eff. 8-22-11.)
| ||||||
13 | (750 ILCS 50/18.08 new) | ||||||
14 | Sec. 18.08. Adoption Advisory Council. | ||||||
15 | (a) There shall be established under the Department of | ||||||
16 | Public Health the Adoption Advisory Council. The Council shall | ||||||
17 | include: | ||||||
18 | (1) the Director of the Department of Public Health, or | ||||||
19 | his or her designee, who shall serve as the chairperson of | ||||||
20 | the Council; | ||||||
21 | (2) the Director of the Department of Children and | ||||||
22 | Family Services, or his or her designee; |
| |||||||
| |||||||
1 | (3) an attorney representing the Attorney General's | ||||||
2 | Office appointed by the Attorney General; | ||||||
3 | (4) a currently certified confidential intermediary | ||||||
4 | appointed by the Director of the Department of Children and | ||||||
5 | Family Services; | ||||||
6 | (5) one representative from each of the following | ||||||
7 | organizations appointed by the Director of the Department | ||||||
8 | of Public Health: Adoption Advocates of Illinois, Adoptive | ||||||
9 | Families Today, Catholic Conference of Illinois, Chicago | ||||||
10 | Area Families for Adoption, Chicago Bar Association, Child | ||||||
11 | Care Association of Illinois, Children Remembered, Inc., | ||||||
12 | Children's Home and Aid Society of Illinois, Child Welfare | ||||||
13 | Advisory Council, The Cradle, Healing Hearts, Illinois | ||||||
14 | Foster Parents Association, Illinois State Bar | ||||||
15 | Association, Illinois State Medical Society, Jewish | ||||||
16 | Children's Bureau, LDS Social Services, Lutheran Social | ||||||
17 | Services of Illinois, Maryville Academy, Midwest Adoption | ||||||
18 | Center, St. Mary's Services, Stars of David, and | ||||||
19 | Truthseekers in Adoption; | ||||||
20 | (6) 5 additional members appointed by the Director of | ||||||
21 | the Department of Children and Family Services who shall, | ||||||
22 | when making those appointments, consider advocates for | ||||||
23 | adopted persons, adoptive parents, or birth parents, | ||||||
24 | lawyers who represent clients in private adoptions, | ||||||
25 | lawyers specializing in privacy law, and representatives | ||||||
26 | of agencies involved in adoptions; and |
| |||||||
| |||||||
1 | (7) an attorney from the Department of Children and | ||||||
2 | Family Services and the person directly responsible for | ||||||
3 | administering the confidential intermediary program, who | ||||||
4 | shall serve as ex-officio, non-voting advisors to the | ||||||
5 | Council. | ||||||
6 | (b) If any one of the named organizations in item (5) of | ||||||
7 | subsection (a) notifies the Director of the Department of | ||||||
8 | Public Health in writing that the organization does not wish to | ||||||
9 | participate on the Adoption Advisory Council or that the | ||||||
10 | organization is no longer functioning, the Director may | ||||||
11 | designate another organization that represents the same | ||||||
12 | constituency as the named organization to replace the named | ||||||
13 | organization on the Council. | ||||||
14 | (c) Council members shall receive no compensation for their | ||||||
15 | service. The Council shall meet no less often than once every 6 | ||||||
16 | months and shall meet as the Director of the Department of | ||||||
17 | Public Health deems necessary. The council shall make | ||||||
18 | recommendations regarding the development of rules, | ||||||
19 | procedures, and forms that will ensure the efficient and | ||||||
20 | effective operation of the adoption process in Illinois and the | ||||||
21 | effective delivery of adult post-adoption services in | ||||||
22 | Illinois, including: | ||||||
23 | (1) advising the Department of Public Health on the | ||||||
24 | development of rules, procedures, and forms utilized by the | ||||||
25 | Illinois Adoption Registry and Medical Information | ||||||
26 | Exchange; |
| |||||||
| |||||||
1 | (2) making recommendations regarding the procedures, | ||||||
2 | tools, and technology that will ensure efficient and | ||||||
3 | effective operation of the Registry; | ||||||
4 | (3) assisting the Department of Public Health with the | ||||||
5 | development, publication, and circulation of an | ||||||
6 | informational pamphlet that describes the purpose, | ||||||
7 | function, and mechanics of the Illinois Adoption Registry | ||||||
8 | and Medical Information Exchange, including information | ||||||
9 | about who is eligible to register and how to register; | ||||||
10 | information about the questions and concerns that | ||||||
11 | registrants may develop when they register or when they | ||||||
12 | receive information from the Registry; and a list of | ||||||
13 | services, programs, groups, and informational websites | ||||||
14 | that are available to assist registrants with their | ||||||
15 | questions and concerns; | ||||||
16 | (4) collecting, compiling, and reviewing statistical | ||||||
17 | data and empirical information concerning the procedures | ||||||
18 | in the Registry including, but not limited to, data | ||||||
19 | concerning the filing of Denials of Information Exchange, | ||||||
20 | Information Exchange Authorizations, Requests for a | ||||||
21 | Non-Certified Copy of an Original Birth Certificate, and | ||||||
22 | Birth Parent Preference Forms; | ||||||
23 | (5) making recommendations regarding the standards for | ||||||
24 | certification for confidential intermediaries; | ||||||
25 | (6) reviewing compliance with all appropriate laws | ||||||
26 | including, but not limited to, P.A. 96-895 and this |
| |||||||
| |||||||
1 | amendatory Act of the 97th General Assembly; | ||||||
2 | (7) overseeing methods used to verify that | ||||||
3 | intermediaries are complying with the appropriate laws; | ||||||
4 | (8) assisting the Department of Children and Family | ||||||
5 | Services with training for confidential intermediaries, | ||||||
6 | including training with respect to federal and State | ||||||
7 | privacy laws; | ||||||
8 | (9) reviewing the relationship between confidential | ||||||
9 | intermediaries and the court system and making | ||||||
10 | recommendations concerning sample orders that define the | ||||||
11 | scope of the intermediaries' access to information; | ||||||
12 | (10) considering any recent violations of policy or | ||||||
13 | procedures by confidential intermediaries and remedial | ||||||
14 | steps, including decertification, which might be | ||||||
15 | recommended so as to prevent future violations; and | ||||||
16 | (11) reviewing reports from the Department of Children | ||||||
17 | and Family Services submitted by July 1 and January 1 of | ||||||
18 | each year in order detailing the penalties assessed and | ||||||
19 | collected, the amounts of related deposits into the DCFS | ||||||
20 | Children's Services Fund, and any expenditures from such | ||||||
21 | deposits. | ||||||
22 | (d) Within 45 days after the effective date of this | ||||||
23 | amendatory Act of the 97th General Assembly, both the Adoption | ||||||
24 | Registry Advisory Council and the Confidential Intermediary | ||||||
25 | Council shall, notwithstanding any other provision of this Act, | ||||||
26 | turn over the Council's records to the Adoption Advisory |
| |||||||
| |||||||
1 | Council and cease to function.
| ||||||
2 | (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||||||
3 | Sec. 18.3a. Confidential intermediary.
| ||||||
4 | (a) General purposes.
Notwithstanding any other provision | ||||||
5 | of
this Act, any
adopted or surrendered person 21 years of age | ||||||
6 | or over, any adoptive parent or legal guardian
of
an adopted or | ||||||
7 | surrendered person under the age of 21, or any birth parent of | ||||||
8 | an adopted
or surrendered person who is 21 years of age or over | ||||||
9 | may petition the court in any county in
the
State of Illinois | ||||||
10 | for appointment of a confidential intermediary as provided in
| ||||||
11 | this Section for the purpose of exchanging medical information | ||||||
12 | with one or
more mutually consenting biological relatives, | ||||||
13 | obtaining identifying
information about one or more mutually | ||||||
14 | consenting biological relatives, or
arranging contact with one | ||||||
15 | or more mutually consenting biological relatives.
| ||||||
16 | Additionally, in cases where an adopted or surrendered person | ||||||
17 | is deceased,
an adult child of the adopted
or surrendered | ||||||
18 | person or his or her adoptive parents or surviving spouse may | ||||||
19 | file a petition under this Section and in cases
where the birth | ||||||
20 | parent is deceased,
an adult birth sibling of the adopted or | ||||||
21 | surrendered person or of the deceased birth parent
may
file a | ||||||
22 | petition under this Section for the purpose of exchanging | ||||||
23 | medical
information with one or more mutually consenting | ||||||
24 | biological relatives of the adopted or surrendered person,
| ||||||
25 | obtaining identifying information about one or more mutually |
| |||||||
| |||||||
1 | consenting
biological relatives of the adopted or surrendered | ||||||
2 | person, or arranging contact with one or more mutually
| ||||||
3 | consenting biological relatives of the adopted or surrendered | ||||||
4 | person. Beginning January 1, 2006, any adopted or surrendered | ||||||
5 | person 21 years of age or over; any adoptive parent or legal | ||||||
6 | guardian of an adopted or surrendered person under the age of | ||||||
7 | 21; any birth parent, birth sibling, birth aunt, or birth uncle | ||||||
8 | of an adopted or surrendered person over the age of 21; any | ||||||
9 | surviving child, adoptive parent, or surviving spouse of a | ||||||
10 | deceased adopted or surrendered person who wishes to petition | ||||||
11 | the court for the appointment of a confidential intermediary | ||||||
12 | shall be required to accompany their petition with proof of | ||||||
13 | registration with the Illinois Adoption Registry and Medical | ||||||
14 | Information Exchange.
| ||||||
15 | (b) Petition. Upon petition by an adopted or surrendered
| ||||||
16 | person 21 years of age or over (an "adult adopted or | ||||||
17 | surrendered person"), an
adoptive parent or legal guardian of | ||||||
18 | an adopted or surrendered person under the age of 21,
or a | ||||||
19 | birth parent of an adopted or surrendered person who is 21 | ||||||
20 | years of age or over, the
court
shall appoint a confidential | ||||||
21 | intermediary. Upon petition by
an adult child, adoptive parent | ||||||
22 | or surviving spouse of an adopted or surrendered person who is | ||||||
23 | deceased, by an adult birth sibling of an adopted or | ||||||
24 | surrendered person
whose common birth parent is deceased
and | ||||||
25 | whose adopted or surrendered birth sibling is 21 years of age | ||||||
26 | or over, or by an adult sibling of a birth parent who is |
| |||||||
| |||||||
1 | deceased,
and whose surrendered child is 21 years of age or | ||||||
2 | over, the court may appoint a confidential
intermediary if the | ||||||
3 | court finds that the disclosure is of greater benefit than
| ||||||
4 | nondisclosure.
The petition shall state which biological | ||||||
5 | relative
or
relatives are being sought and shall indicate if | ||||||
6 | the petitioner wants to do any
one or more of the following: | ||||||
7 | exchange medical information with the
biological relative or | ||||||
8 | relatives, obtain identifying information from the
biological | ||||||
9 | relative or relatives, or to arrange contact with the | ||||||
10 | biological
relative.
| ||||||
11 | (c) Order. The order appointing the confidential | ||||||
12 | intermediary shall allow
that
intermediary to conduct a search | ||||||
13 | for the sought-after relative by accessing
those records | ||||||
14 | described in subsection (g) of this Section.
| ||||||
15 | (d) Fees and expenses. The court shall not condition the | ||||||
16 | appointment of the
confidential intermediary on the | ||||||
17 | petitioner's payment of the intermediary's
fees and expenses in | ||||||
18 | advance of the commencement of the work of the
confidential | ||||||
19 | intermediary. No However, no fee shall be charged if the | ||||||
20 | petitioner is an adult adopted or surrendered person and the | ||||||
21 | sought-after relative is a birth parent who filed or who did | ||||||
22 | not file a Denial with the Registry prior to January 1, 2011, | ||||||
23 | or filed a Birth Parent Preference Form on which Option E was | ||||||
24 | selected after January 1, 2011 and more than 5 years have | ||||||
25 | transpired since the birth parent filed the Denial of | ||||||
26 | Information Exchange or Birth Parent Preference Form on which |
| |||||||
| |||||||
1 | Option E was selected.
| ||||||
2 | (e) Eligibility of intermediary. The court may appoint as | ||||||
3 | confidential
intermediary any
person certified by the | ||||||
4 | Department of Children and Family Services as qualified to | ||||||
5 | serve as a confidential
intermediary.
Certification shall be | ||||||
6 | dependent upon the
confidential intermediary completing a | ||||||
7 | course of training including, but not
limited to, applicable | ||||||
8 | federal and State privacy laws.
| ||||||
9 | (f) (Blank). Confidential Intermediary Council. There | ||||||
10 | shall be established under the
Department of Children and | ||||||
11 | Family
Services a Confidential Intermediary Advisory Council. | ||||||
12 | One member shall be an
attorney representing the Attorney | ||||||
13 | General's Office appointed by the Attorney
General. One member | ||||||
14 | shall be a currently certified confidential intermediary
| ||||||
15 | appointed by the Director of the Department of Children and | ||||||
16 | Family Services.
The Director shall also appoint 5 additional | ||||||
17 | members. When making those
appointments, the Director shall | ||||||
18 | consider advocates for adopted persons,
adoptive parents, | ||||||
19 | birth parents, lawyers who represent clients in private
| ||||||
20 | adoptions, lawyers specializing in privacy law, and | ||||||
21 | representatives of agencies
involved in adoptions. The | ||||||
22 | Director shall appoint one of the 7 members as
the chairperson. | ||||||
23 | An attorney from the Department of Children and Family
Services
| ||||||
24 | and the person directly responsible for administering the | ||||||
25 | confidential
intermediary program shall serve as ex-officio, | ||||||
26 | non-voting advisors to the
Council. Council members shall serve |
| |||||||
| |||||||
1 | at the discretion of the Director and
shall receive no | ||||||
2 | compensation other than reasonable expenses approved by the
| ||||||
3 | Director. The Council shall meet no less than twice yearly and | ||||||
4 | shall meet at least once yearly with the Registry Advisory | ||||||
5 | Council, and shall make
recommendations to the Director | ||||||
6 | regarding the development of rules, procedures,
and forms that | ||||||
7 | will ensure efficient and effective operation of the
| ||||||
8 | confidential intermediary process, including:
| ||||||
9 | (1) Standards for certification for confidential | ||||||
10 | intermediaries.
| ||||||
11 | (2) Oversight of methods used to verify that | ||||||
12 | intermediaries are complying
with the appropriate laws.
| ||||||
13 | (3) Training for confidential intermediaries, | ||||||
14 | including training with
respect to federal and State | ||||||
15 | privacy laws.
| ||||||
16 | (4) The relationship between confidential | ||||||
17 | intermediaries and the court
system, including the | ||||||
18 | development of sample orders defining the scope of the
| ||||||
19 | intermediaries' access to information.
| ||||||
20 | (5) Any recent violations of policy or procedures by | ||||||
21 | confidential
intermediaries and remedial steps, including | ||||||
22 | decertification, to prevent future
violations.
| ||||||
23 | (g) Access. Subject to the limitations of subsection (i) | ||||||
24 | of this
Section, the
confidential
intermediary shall have | ||||||
25 | access to vital records or a comparable public entity that | ||||||
26 | maintains vital records in another state in accordance with |
| |||||||
| |||||||
1 | that state's laws, maintained by the Department of
Public | ||||||
2 | Health and its local designees for the maintenance of vital | ||||||
3 | records or a comparable public entity that maintains vital | ||||||
4 | records in another state in accordance with that state's laws | ||||||
5 | and
all records of the court or any adoption agency,
public
or | ||||||
6 | private, as limited in this Section, which relate to the | ||||||
7 | adoption or the identity and location of an
adopted or | ||||||
8 | surrendered person, of an adult child or surviving spouse of a | ||||||
9 | deceased adopted or surrendered person, or of a birth
parent, | ||||||
10 | birth sibling, or the sibling of a deceased birth parent. The
| ||||||
11 | confidential intermediary shall not have access to any personal | ||||||
12 | health
information protected by the Standards for Privacy of | ||||||
13 | Individually
Identifiable Health Information adopted by the | ||||||
14 | U.S. Department of Health and
Human Services under the Health | ||||||
15 | Insurance Portability and Accountability Act of
1996 unless the | ||||||
16 | confidential intermediary has obtained written consent from | ||||||
17 | the
person whose information is being sought by an adult | ||||||
18 | adopted or surrendered person or, if that person is a minor | ||||||
19 | child,
that person's parent or guardian. Confidential
| ||||||
20 | intermediaries shall be authorized to inspect confidential | ||||||
21 | relinquishment and
adoption records. The confidential | ||||||
22 | intermediary shall not be authorized to
access medical
records, | ||||||
23 | financial records, credit records, banking records, home | ||||||
24 | studies,
attorney file records, or other personal records.
In | ||||||
25 | cases where a birth parent is being sought, an adoption agency | ||||||
26 | shall inform
the confidential intermediary of any statement |
| |||||||
| |||||||
1 | filed pursuant to Section 18.3, hereinafter referred to as "the | ||||||
2 | 18.3 statement",
indicating a desire of the surrendering birth | ||||||
3 | parent to have identifying
information shared or to not have | ||||||
4 | identifying information shared. If there was
a clear statement | ||||||
5 | of intent by the sought-after birth parent not to have
| ||||||
6 | identifying information shared, the confidential intermediary | ||||||
7 | shall discontinue
the search and inform the petitioning party | ||||||
8 | of the sought-after relative's
intent unless the birth parent | ||||||
9 | filed the 18.3 statement prior to the effective date of this | ||||||
10 | amendatory Act of the 96th General Assembly and more than 5 | ||||||
11 | years have elapsed since the filing of the 18.3 statement. If | ||||||
12 | the adult adopted or surrendered person is the subject of an | ||||||
13 | 18.3 statement indicating a desire not to establish contact | ||||||
14 | which was filed more than 5 years prior to the search request, | ||||||
15 | the confidential intermediary shall confirm the petitioner's | ||||||
16 | desire to continue the search. Information
provided to the | ||||||
17 | confidential intermediary by an adoption agency shall be
| ||||||
18 | restricted to the full name, date of birth, place of birth, | ||||||
19 | last known address,
last known telephone number of the | ||||||
20 | sought-after relative or, if applicable,
of the children or | ||||||
21 | siblings of the sought-after relative, and the 18.3 statement.
| ||||||
22 | (h) Adoption agency disclosure of medical information. If | ||||||
23 | the petitioner is
an adult adopted or surrendered person or the | ||||||
24 | adoptive parent of a
minor and if the petitioner has signed a | ||||||
25 | written authorization to disclose
personal medical | ||||||
26 | information, an adoption agency disclosing information to a
|
| |||||||
| |||||||
1 | confidential intermediary shall disclose available medical | ||||||
2 | information about
the adopted or surrendered person from birth | ||||||
3 | through adoption.
| ||||||
4 | (i) Duties of confidential intermediary in conducting a | ||||||
5 | search. In
conducting
a search under this Section, the | ||||||
6 | confidential intermediary shall first confirm
that there is no | ||||||
7 | Denial of Information Exchange on file with the Illinois
| ||||||
8 | Adoption Registry. If the petitioner is an adult child of an | ||||||
9 | adopted or surrendered person
who is deceased, the
confidential | ||||||
10 | intermediary shall additionally confirm that the adopted or | ||||||
11 | surrendered person
did not file a Denial of Information | ||||||
12 | Exchange or a Birth Parent Preference Form with Option E | ||||||
13 | selected with the Illinois Adoption
Registry during his or her | ||||||
14 | life. If there is a Denial on file with the Registry, the | ||||||
15 | confidential intermediary must discontinue the search unless | ||||||
16 | the petitioner is an adult adopted or surrendered person and | ||||||
17 | the sought-after birth relative filed the Denial 5 years or | ||||||
18 | more prior to the search or the birth parent has not been the | ||||||
19 | object of a search through the State confidential intermediary | ||||||
20 | program for 10 or more years. If the petitioner is an adult | ||||||
21 | adopted or surrendered person and there is a Birth Parent | ||||||
22 | Preference Form on file with the Registry and the birth parent | ||||||
23 | who completed the form selected Option E, the confidential | ||||||
24 | intermediary must discontinue the search unless 5 years or more | ||||||
25 | have elapsed since the filing of the Birth Parent Preference | ||||||
26 | Form. If the petitioner is an adult birth sibling of
an
adopted
|
| |||||||
| |||||||
1 | or surrendered person or an adult sibling of a birth parent who | ||||||
2 | is deceased,
the confidential intermediary shall
additionally | ||||||
3 | confirm that the birth parent did not file a Denial of | ||||||
4 | Information
Exchange or a Birth Parent Preference Form with | ||||||
5 | Option E selected with the Registry during his or her life. If | ||||||
6 | the confidential
intermediary learns that a sought-after birth | ||||||
7 | parent signed an 18.3 statement
indicating his or her intent | ||||||
8 | not to have identifying information shared, and
did not later | ||||||
9 | file an Information Exchange Authorization or a Birth Parent | ||||||
10 | Preference Form with the
Registry, the confidential | ||||||
11 | intermediary shall discontinue the search and inform
the | ||||||
12 | petitioning party of the birth parent's intent, unless the | ||||||
13 | petitioner is an adult adopted or surrendered person and 5 | ||||||
14 | years or more have elapsed since the birth parent signed the | ||||||
15 | statement indicating his or her intent not to have identifying | ||||||
16 | information shared. In cases where the birth parent filed a | ||||||
17 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
18 | where Option E was selected, or statement indicating his or her | ||||||
19 | intent not to have identifying information shared less than 5 | ||||||
20 | years prior to the search request and the petitioner is an | ||||||
21 | adult adopted or surrendered person, the confidential | ||||||
22 | intermediary shall inform the petitioner of the need to | ||||||
23 | discontinue the search until 5 years have elapsed since the | ||||||
24 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
25 | where Option E was selected, or statement
was filed; in cases | ||||||
26 | where a birth parent was previously the subject of a search |
| |||||||
| |||||||
1 | through the State confidential intermediary program, the | ||||||
2 | confidential intermediary shall inform the petitioner of the | ||||||
3 | need to discontinue the search until 10 years or more have | ||||||
4 | elapsed since the initial search was closed. In cases where a | ||||||
5 | birth parent has been the object of 2 searches through the | ||||||
6 | State confidential intermediary program, no subsequent search | ||||||
7 | for the birth parent shall be authorized absent a court order | ||||||
8 | to the contrary.
| ||||||
9 | In conducting a search under this Section, the confidential | ||||||
10 | intermediary
shall attempt to locate the relative or relatives | ||||||
11 | from whom the petitioner has
requested information. If the | ||||||
12 | sought-after relative is deceased
or cannot be located after a | ||||||
13 | diligent search, the
confidential intermediary may contact | ||||||
14 | other adult relatives of the
sought-after relative.
| ||||||
15 | The confidential intermediary shall contact a sought-after | ||||||
16 | relative on
behalf of the petitioner in a manner that respects | ||||||
17 | the sought-after relative's
privacy and shall inform the | ||||||
18 | sought-after relative of the petitioner's request
for medical | ||||||
19 | information, identifying information or contact as stated in | ||||||
20 | the
petition. Based upon the terms of the petitioner's request, | ||||||
21 | the confidential
intermediary shall contact a sought-after | ||||||
22 | relative on behalf of the petitioner
and inform the | ||||||
23 | sought-after relative of the following options:
| ||||||
24 | (1) The sought-after relative may totally reject one or | ||||||
25 | all of the
requests for medical information, identifying | ||||||
26 | information or
contact. The sought-after relative shall be |
| |||||||
| |||||||
1 | informed that they can
provide a medical questionnaire to | ||||||
2 | be forwarded to the petitioner
without releasing any | ||||||
3 | identifying information. The confidential
intermediary | ||||||
4 | shall inform the petitioner of the sought-after
relative's | ||||||
5 | decision to reject the sharing of information or contact.
| ||||||
6 | (2) The sought-after relative may consent to | ||||||
7 | completing a medical
questionnaire only. In this case, the | ||||||
8 | confidential intermediary
shall provide the questionnaire | ||||||
9 | and ask the sought-after relative to
complete it. The | ||||||
10 | confidential intermediary shall forward the
completed | ||||||
11 | questionnaire to the petitioner and inform the petitioner
| ||||||
12 | of the sought-after relative's desire to not provide any | ||||||
13 | additional
information.
| ||||||
14 | (3) The sought-after relative may communicate with the | ||||||
15 | petitioner
without having his or her identity disclosed. In | ||||||
16 | this case, the
confidential intermediary shall arrange the | ||||||
17 | desired communication
in a manner that protects the | ||||||
18 | identity of the sought-after relative.
The confidential | ||||||
19 | intermediary shall inform the petitioner of the
| ||||||
20 | sought-after relative's decision to communicate but not | ||||||
21 | disclose
his or her identity.
| ||||||
22 | (4) The sought-after relative may consent to initiate | ||||||
23 | contact with the
petitioner. If both the petitioner and the | ||||||
24 | sought-after relative or
relatives are eligible to | ||||||
25 | register with the Illinois Adoption Registry,
the | ||||||
26 | confidential intermediary shall provide the necessary
|
| |||||||
| |||||||
1 | application forms and request that the sought-after | ||||||
2 | relative
register with the Illinois Adoption Registry. If | ||||||
3 | either the petitioner
or the sought-after relative or | ||||||
4 | relatives are ineligible to register
with the Illinois | ||||||
5 | Adoption Registry, the confidential intermediary
shall | ||||||
6 | obtain written consents from both parties that they wish to
| ||||||
7 | disclose their identities to each other and to have contact | ||||||
8 | with
each other.
| ||||||
9 | (j) Oath. The confidential intermediary shall sign an oath | ||||||
10 | of
confidentiality substantially as follows: "I, .........., | ||||||
11 | being duly sworn, on
oath depose and say: As a condition of | ||||||
12 | appointment as a confidential
intermediary, I affirm that:
| ||||||
13 | (1) I will not disclose to the petitioner,
directly or | ||||||
14 | indirectly, any confidential information
except in a | ||||||
15 | manner consistent with the
law.
| ||||||
16 | (2) I recognize that violation of this oath subjects me | ||||||
17 | to civil liability
and to a potential finding of contempt | ||||||
18 | of court.
................................
| ||||||
19 | SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
| ||||||
20 | date)
| ||||||
21 | ................................."
| ||||||
22 | (k) Sanctions.
| ||||||
23 | (1) Any confidential intermediary who improperly | ||||||
24 | discloses
confidential information identifying a | ||||||
25 | sought-after relative shall be liable to
the sought-after | ||||||
26 | relative for damages and may also be found in contempt of
|
| |||||||
| |||||||
1 | court.
| ||||||
2 | (2) Any person who learns a sought-after
relative's | ||||||
3 | identity, directly or indirectly, through the use of | ||||||
4 | procedures
provided in this Section and who improperly | ||||||
5 | discloses information identifying
the sought-after | ||||||
6 | relative shall be liable to the sought-after relative for
| ||||||
7 | actual damages plus minimum punitive damages of $10,000.
| ||||||
8 | (3) The Department shall fine any confidential | ||||||
9 | intermediary who improperly
discloses
confidential | ||||||
10 | information in violation of item (1) or (2) of this | ||||||
11 | subsection (k)
an amount up to $2,000 per improper | ||||||
12 | disclosure. This fine does not affect
civil liability under | ||||||
13 | item (2) of this subsection (k). The Department shall
| ||||||
14 | deposit all fines and penalties collected under this | ||||||
15 | Section into the Illinois
Adoption Registry and Medical | ||||||
16 | Information Fund.
| ||||||
17 | (l) Death of person being sought. Notwithstanding any other | ||||||
18 | provision
of this Act, if the confidential intermediary | ||||||
19 | discovers that the person
being sought has died, he or she | ||||||
20 | shall report this fact to the court,
along with a copy of the | ||||||
21 | death certificate. If the sought-after relative is a birth | ||||||
22 | parent, the confidential intermediary shall also forward a copy | ||||||
23 | of the birth parent's death certificate, if available, to the | ||||||
24 | Registry for inclusion in the Registry file.
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25 | (m) Any confidential information obtained by the | ||||||
26 | confidential intermediary
during the course of his or her |
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| |||||||
1 | search shall be kept strictly confidential
and shall be used | ||||||
2 | for the purpose of arranging contact between the
petitioner and | ||||||
3 | the sought-after birth relative. At the time the case is
| ||||||
4 | closed, all identifying information shall be returned to the | ||||||
5 | court for
inclusion in the impounded adoption file.
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6 | (n) If the petitioner is an adopted or surrendered person | ||||||
7 | 21 years of age or over or the
adoptive parent or legal | ||||||
8 | guardian of an adopted or surrendered person under the age
of | ||||||
9 | 21, any
non-identifying information, as defined in Section | ||||||
10 | 18.4, that is
ascertained during the course of the search may | ||||||
11 | be given in writing to
the petitioner at any time during the | ||||||
12 | search before the case is closed.
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13 | (o) Except as provided in subsection (k) of this Section, | ||||||
14 | no liability shall
accrue to
the State, any State agency, any | ||||||
15 | judge, any officer or employee of the
court, any certified | ||||||
16 | confidential intermediary, or any agency designated
to oversee | ||||||
17 | confidential intermediary services for acts, omissions, or
| ||||||
18 | efforts made in good faith within the scope of this Section.
| ||||||
19 | (p) An adoption agency that has received a request from a | ||||||
20 | confidential intermediary for the full name, date of birth, | ||||||
21 | last known address, or last known telephone number of a | ||||||
22 | sought-after relative pursuant to subsection (g) of Section | ||||||
23 | 18.3a, or for medical information regarding a sought-after | ||||||
24 | relative pursuant to subsection (h) of Section 18.3a, must | ||||||
25 | satisfactorily comply with this court order within a period of | ||||||
26 | 45 days. The court shall order the adoption agency to reimburse |
| |||||||
| |||||||
1 | the petitioner in an amount equal to all payments made by the | ||||||
2 | petitioner to the confidential intermediary, and the adoption | ||||||
3 | agency shall be subject to a civil monetary penalty of $1,000 | ||||||
4 | to be paid to the Department of Children and Family Services. | ||||||
5 | Following the issuance of a court order finding that the | ||||||
6 | adoption agency has not complied with Section 18.3, the | ||||||
7 | adoption agency shall be subject to a monetary penalty of $500 | ||||||
8 | per day for each subsequent day of non-compliance. Proceeds | ||||||
9 | from such fines shall be utilized by the Department of Children | ||||||
10 | and Family Services to subsidize the fees of petitioners as | ||||||
11 | referenced in subsection (d) of this Section. | ||||||
12 | (q) Provide information to eligible petitioner. The | ||||||
13 | confidential intermediary may provide to eligible petitioners | ||||||
14 | as described in subsections (a) and (b) of this Section, the | ||||||
15 | name of the child welfare agency which had legal custody of the | ||||||
16 | surrendered person or responsibility for placing the | ||||||
17 | surrendered person and any available contact information for | ||||||
18 | such agency. In addition, the confidential intermediary may | ||||||
19 | provide to such petitioners the name of the state in which the | ||||||
20 | surrender occurred or in which the adoption was finalized. | ||||||
21 | Any reimbursements and fines, notwithstanding any | ||||||
22 | reimbursement directly to the petitioner, paid under this | ||||||
23 | subsection are in addition to other remedies a court may | ||||||
24 | otherwise impose by law. | ||||||
25 | The Department of Children and Family Services shall submit | ||||||
26 | reports to the Adoption Advisory Council Confidential |
| |||||||
| |||||||
1 | Intermediary Advisory Council by July 1 and January 1 of each | ||||||
2 | year in order to report the penalties assessed and collected | ||||||
3 | under this subsection, the amounts of related deposits into the | ||||||
4 | DCFS Children's Services Fund, and any expenditures from such | ||||||
5 | deposits.
| ||||||
6 | (Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10; | ||||||
7 | 97-110, eff. 7-14-11.)
| ||||||
8 | (750 ILCS 50/18.07 rep.)
| ||||||
9 | Section 15. The Adoption Act is amended by repealing | ||||||
10 | Section 18.07.
| ||||||
11 | Section 99. Effective date. This Act takes effect January | ||||||
12 | 1, 2013, except this Section and
Section 5 take effect upon | ||||||
13 | becoming law.".
|