98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2809

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/1  from Ch. 40, par. 1501
750 ILCS 50/2.1  from Ch. 40, par. 1503
750 ILCS 50/4.1  from Ch. 40, par. 1506
750 ILCS 50/6  from Ch. 40, par. 1508

    Amends the Adoption Act. Defines "habitual residence" and deletes the definitions of "foreign placing agency" and "Intercountry Adoption Coordinator". Replaces language concerning the placement of children under the Act with provisions concerning: the placement of out-of-state children into Illinois; private placing agencies; and intercountry adoptions. Provides that if an office of the Interstate Compact on the Placement of Children of any state is presented with a complete interstate referral packet regarding Illinois residents or a child born or residing in Illinois, a court of competent jurisdiction is authorized to approve the placement if all applicable laws have been substantially complied with in the placement referral and the office: (i) refuses to process the interstate referral; (ii) fails to make a decision on the interstate referral within 3 business days of the receipt of the complete referral packet; or (iii) denies approval of the interstate referral for reasons contrary to the child's best interest. Provides that in the case of a child born outside the United States one of its territories, a post-placement investigation shall be conducted in accordance with the requirements of, among other Acts, the Intercountry Adoption Act of 2000 (instead of "regulations of the foreign placing agency and the supervising agency").


LRB098 10935 HEP 41501 b

 

 

A BILL FOR

 

HB2809LRB098 10935 HEP 41501 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Sections
51, 2.1, 4.1, and 6 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood or marriage:
14parent, grand-parent, brother, sister, step-parent,
15step-grandparent, step-brother, step-sister, uncle, aunt,
16great-uncle, great-aunt, or cousin of first degree. A child
17whose parent has executed a final irrevocable consent to
18adoption or a final irrevocable surrender for purposes of
19adoption, or whose parent has had his or her parental rights
20terminated, is not a related child to that person, unless the
21consent is determined to be void or is void pursuant to
22subsection O of Section 10.
23    C. "Agency" for the purpose of this Act means a public

 

 

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1child welfare agency or a licensed child welfare agency.
2    D. "Unfit person" means any person whom the court shall
3find to be unfit to have a child, without regard to the
4likelihood that the child will be placed for adoption. The
5grounds of unfitness are any one or more of the following,
6except that a person shall not be considered an unfit person
7for the sole reason that the person has relinquished a child in
8accordance with the Abandoned Newborn Infant Protection Act:
9        (a) Abandonment of the child.
10        (a-1) Abandonment of a newborn infant in a hospital.
11        (a-2) Abandonment of a newborn infant in any setting
12    where the evidence suggests that the parent intended to
13    relinquish his or her parental rights.
14        (b) Failure to maintain a reasonable degree of
15    interest, concern or responsibility as to the child's
16    welfare.
17        (c) Desertion of the child for more than 3 months next
18    preceding the commencement of the Adoption proceeding.
19        (d) Substantial neglect of the child if continuous or
20    repeated.
21        (d-1) Substantial neglect, if continuous or repeated,
22    of any child residing in the household which resulted in
23    the death of that child.
24        (e) Extreme or repeated cruelty to the child.
25        (f) There is a rebuttable presumption, which can be
26    overcome only by clear and convincing evidence, that a

 

 

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1    parent is unfit if:
2            (1) Two or more findings of physical abuse have
3        been entered regarding any children under Section 2-21
4        of the Juvenile Court Act of 1987, the most recent of
5        which was determined by the juvenile court hearing the
6        matter to be supported by clear and convincing
7        evidence; or
8            (2) The parent has been convicted or found not
9        guilty by reason of insanity and the conviction or
10        finding resulted from the death of any child by
11        physical abuse; or
12            (3) There is a finding of physical child abuse
13        resulting from the death of any child under Section
14        2-21 of the Juvenile Court Act of 1987.
15            No conviction or finding of delinquency pursuant
16        to Article 5 of the Juvenile Court Act of 1987 shall be
17        considered a criminal conviction for the purpose of
18        applying any presumption under this item (f).
19        (g) Failure to protect the child from conditions within
20    his environment injurious to the child's welfare.
21        (h) Other neglect of, or misconduct toward the child;
22    provided that in making a finding of unfitness the court
23    hearing the adoption proceeding shall not be bound by any
24    previous finding, order or judgment affecting or
25    determining the rights of the parents toward the child
26    sought to be adopted in any other proceeding except such

 

 

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1    proceedings terminating parental rights as shall be had
2    under either this Act, the Juvenile Court Act or the
3    Juvenile Court Act of 1987.
4        (i) Depravity. Conviction of any one of the following
5    crimes shall create a presumption that a parent is depraved
6    which can be overcome only by clear and convincing
7    evidence: (1) first degree murder in violation of paragraph
8    1 or 2 of subsection (a) of Section 9-1 of the Criminal
9    Code of 1961 or the Criminal Code of 2012 or conviction of
10    second degree murder in violation of subsection (a) of
11    Section 9-2 of the Criminal Code of 1961 or the Criminal
12    Code of 2012 of a parent of the child to be adopted; (2)
13    first degree murder or second degree murder of any child in
14    violation of the Criminal Code of 1961 or the Criminal Code
15    of 2012; (3) attempt or conspiracy to commit first degree
16    murder or second degree murder of any child in violation of
17    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
18    solicitation to commit murder of any child, solicitation to
19    commit murder of any child for hire, or solicitation to
20    commit second degree murder of any child in violation of
21    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
22    predatory criminal sexual assault of a child in violation
23    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
24    or the Criminal Code of 2012; (6) heinous battery of any
25    child in violation of the Criminal Code of 1961; or (7)
26    aggravated battery of any child in violation of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012.
2        There is a rebuttable presumption that a parent is
3    depraved if the parent has been criminally convicted of at
4    least 3 felonies under the laws of this State or any other
5    state, or under federal law, or the criminal laws of any
6    United States territory; and at least one of these
7    convictions took place within 5 years of the filing of the
8    petition or motion seeking termination of parental rights.
9        There is a rebuttable presumption that a parent is
10    depraved if that parent has been criminally convicted of
11    either first or second degree murder of any person as
12    defined in the Criminal Code of 1961 or the Criminal Code
13    of 2012 within 10 years of the filing date of the petition
14    or motion to terminate parental rights.
15        No conviction or finding of delinquency pursuant to
16    Article 5 of the Juvenile Court Act of 1987 shall be
17    considered a criminal conviction for the purpose of
18    applying any presumption under this item (i).
19        (j) Open and notorious adultery or fornication.
20        (j-1) (Blank).
21        (k) Habitual drunkenness or addiction to drugs, other
22    than those prescribed by a physician, for at least one year
23    immediately prior to the commencement of the unfitness
24    proceeding.
25        There is a rebuttable presumption that a parent is
26    unfit under this subsection with respect to any child to

 

 

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1    which that parent gives birth where there is a confirmed
2    test result that at birth the child's blood, urine, or
3    meconium contained any amount of a controlled substance as
4    defined in subsection (f) of Section 102 of the Illinois
5    Controlled Substances Act or metabolites of such
6    substances, the presence of which in the newborn infant was
7    not the result of medical treatment administered to the
8    mother or the newborn infant; and the biological mother of
9    this child is the biological mother of at least one other
10    child who was adjudicated a neglected minor under
11    subsection (c) of Section 2-3 of the Juvenile Court Act of
12    1987.
13        (l) Failure to demonstrate a reasonable degree of
14    interest, concern or responsibility as to the welfare of a
15    new born child during the first 30 days after its birth.
16        (m) Failure by a parent (i) to make reasonable efforts
17    to correct the conditions that were the basis for the
18    removal of the child from the parent, or (ii) to make
19    reasonable progress toward the return of the child to the
20    parent within 9 months after an adjudication of neglected
21    or abused minor under Section 2-3 of the Juvenile Court Act
22    of 1987 or dependent minor under Section 2-4 of that Act,
23    or (iii) to make reasonable progress toward the return of
24    the child to the parent during any 9-month period after the
25    end of the initial 9-month period following the
26    adjudication of neglected or abused minor under Section 2-3

 

 

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1    of the Juvenile Court Act of 1987 or dependent minor under
2    Section 2-4 of that Act. If a service plan has been
3    established as required under Section 8.2 of the Abused and
4    Neglected Child Reporting Act to correct the conditions
5    that were the basis for the removal of the child from the
6    parent and if those services were available, then, for
7    purposes of this Act, "failure to make reasonable progress
8    toward the return of the child to the parent" includes (I)
9    the parent's failure to substantially fulfill his or her
10    obligations under the service plan and correct the
11    conditions that brought the child into care within 9 months
12    after the adjudication under Section 2-3 or 2-4 of the
13    Juvenile Court Act of 1987 and (II) the parent's failure to
14    substantially fulfill his or her obligations under the
15    service plan and correct the conditions that brought the
16    child into care during any 9-month period after the end of
17    the initial 9-month period following the adjudication
18    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
19    Notwithstanding any other provision, when a petition or
20    motion seeks to terminate parental rights on the basis of
21    item (iii) of this subsection (m), the petitioner shall
22    file with the court and serve on the parties a pleading
23    that specifies the 9-month period or periods relied on. The
24    pleading shall be filed and served on the parties no later
25    than 3 weeks before the date set by the court for closure
26    of discovery, and the allegations in the pleading shall be

 

 

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1    treated as incorporated into the petition or motion.
2    Failure of a respondent to file a written denial of the
3    allegations in the pleading shall not be treated as an
4    admission that the allegations are true.
5        (m-1) Pursuant to the Juvenile Court Act of 1987, a
6    child has been in foster care for 15 months out of any 22
7    month period which begins on or after the effective date of
8    this amendatory Act of 1998 unless the child's parent can
9    prove by a preponderance of the evidence that it is more
10    likely than not that it will be in the best interests of
11    the child to be returned to the parent within 6 months of
12    the date on which a petition for termination of parental
13    rights is filed under the Juvenile Court Act of 1987. The
14    15 month time limit is tolled during any period for which
15    there is a court finding that the appointed custodian or
16    guardian failed to make reasonable efforts to reunify the
17    child with his or her family, provided that (i) the finding
18    of no reasonable efforts is made within 60 days of the
19    period when reasonable efforts were not made or (ii) the
20    parent filed a motion requesting a finding of no reasonable
21    efforts within 60 days of the period when reasonable
22    efforts were not made. For purposes of this subdivision
23    (m-1), the date of entering foster care is the earlier of:
24    (i) the date of a judicial finding at an adjudicatory
25    hearing that the child is an abused, neglected, or
26    dependent minor; or (ii) 60 days after the date on which

 

 

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1    the child is removed from his or her parent, guardian, or
2    legal custodian.
3        (n) Evidence of intent to forgo his or her parental
4    rights, whether or not the child is a ward of the court,
5    (1) as manifested by his or her failure for a period of 12
6    months: (i) to visit the child, (ii) to communicate with
7    the child or agency, although able to do so and not
8    prevented from doing so by an agency or by court order, or
9    (iii) to maintain contact with or plan for the future of
10    the child, although physically able to do so, or (2) as
11    manifested by the father's failure, where he and the mother
12    of the child were unmarried to each other at the time of
13    the child's birth, (i) to commence legal proceedings to
14    establish his paternity under the Illinois Parentage Act of
15    1984 or the law of the jurisdiction of the child's birth
16    within 30 days of being informed, pursuant to Section 12a
17    of this Act, that he is the father or the likely father of
18    the child or, after being so informed where the child is
19    not yet born, within 30 days of the child's birth, or (ii)
20    to make a good faith effort to pay a reasonable amount of
21    the expenses related to the birth of the child and to
22    provide a reasonable amount for the financial support of
23    the child, the court to consider in its determination all
24    relevant circumstances, including the financial condition
25    of both parents; provided that the ground for termination
26    provided in this subparagraph (n)(2)(ii) shall only be

 

 

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1    available where the petition is brought by the mother or
2    the husband of the mother.
3        Contact or communication by a parent with his or her
4    child that does not demonstrate affection and concern does
5    not constitute reasonable contact and planning under
6    subdivision (n). In the absence of evidence to the
7    contrary, the ability to visit, communicate, maintain
8    contact, pay expenses and plan for the future shall be
9    presumed. The subjective intent of the parent, whether
10    expressed or otherwise, unsupported by evidence of the
11    foregoing parental acts manifesting that intent, shall not
12    preclude a determination that the parent has intended to
13    forgo his or her parental rights. In making this
14    determination, the court may consider but shall not require
15    a showing of diligent efforts by an authorized agency to
16    encourage the parent to perform the acts specified in
17    subdivision (n).
18        It shall be an affirmative defense to any allegation
19    under paragraph (2) of this subsection that the father's
20    failure was due to circumstances beyond his control or to
21    impediments created by the mother or any other person
22    having legal custody. Proof of that fact need only be by a
23    preponderance of the evidence.
24        (o) Repeated or continuous failure by the parents,
25    although physically and financially able, to provide the
26    child with adequate food, clothing, or shelter.

 

 

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1        (p) Inability to discharge parental responsibilities
2    supported by competent evidence from a psychiatrist,
3    licensed clinical social worker, or clinical psychologist
4    of mental impairment, mental illness or an intellectual
5    disability as defined in Section 1-116 of the Mental Health
6    and Developmental Disabilities Code, or developmental
7    disability as defined in Section 1-106 of that Code, and
8    there is sufficient justification to believe that the
9    inability to discharge parental responsibilities shall
10    extend beyond a reasonable time period. However, this
11    subdivision (p) shall not be construed so as to permit a
12    licensed clinical social worker to conduct any medical
13    diagnosis to determine mental illness or mental
14    impairment.
15        (q) (Blank).
16        (r) The child is in the temporary custody or
17    guardianship of the Department of Children and Family
18    Services, the parent is incarcerated as a result of
19    criminal conviction at the time the petition or motion for
20    termination of parental rights is filed, prior to
21    incarceration the parent had little or no contact with the
22    child or provided little or no support for the child, and
23    the parent's incarceration will prevent the parent from
24    discharging his or her parental responsibilities for the
25    child for a period in excess of 2 years after the filing of
26    the petition or motion for termination of parental rights.

 

 

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1        (s) The child is in the temporary custody or
2    guardianship of the Department of Children and Family
3    Services, the parent is incarcerated at the time the
4    petition or motion for termination of parental rights is
5    filed, the parent has been repeatedly incarcerated as a
6    result of criminal convictions, and the parent's repeated
7    incarceration has prevented the parent from discharging
8    his or her parental responsibilities for the child.
9        (t) A finding that at birth the child's blood, urine,
10    or meconium contained any amount of a controlled substance
11    as defined in subsection (f) of Section 102 of the Illinois
12    Controlled Substances Act, or a metabolite of a controlled
13    substance, with the exception of controlled substances or
14    metabolites of such substances, the presence of which in
15    the newborn infant was the result of medical treatment
16    administered to the mother or the newborn infant, and that
17    the biological mother of this child is the biological
18    mother of at least one other child who was adjudicated a
19    neglected minor under subsection (c) of Section 2-3 of the
20    Juvenile Court Act of 1987, after which the biological
21    mother had the opportunity to enroll in and participate in
22    a clinically appropriate substance abuse counseling,
23    treatment, and rehabilitation program.
24    E. "Parent" means the father or mother of a lawful child of
25the parties or child born out of wedlock. For the purpose of
26this Act, a person who has executed a final and irrevocable

 

 

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1consent to adoption or a final and irrevocable surrender for
2purposes of adoption, or whose parental rights have been
3terminated by a court, is not a parent of the child who was the
4subject of the consent or surrender, unless the consent is void
5pursuant to subsection O of Section 10.
6    F. A person is available for adoption when the person is:
7        (a) a child who has been surrendered for adoption to an
8    agency and to whose adoption the agency has thereafter
9    consented;
10        (b) a child to whose adoption a person authorized by
11    law, other than his parents, has consented, or to whose
12    adoption no consent is required pursuant to Section 8 of
13    this Act;
14        (c) a child who is in the custody of persons who intend
15    to adopt him through placement made by his parents;
16        (c-1) a child for whom a parent has signed a specific
17    consent pursuant to subsection O of Section 10;
18        (d) an adult who meets the conditions set forth in
19    Section 3 of this Act; or
20        (e) a child who has been relinquished as defined in
21    Section 10 of the Abandoned Newborn Infant Protection Act.
22    A person who would otherwise be available for adoption
23shall not be deemed unavailable for adoption solely by reason
24of his or her death.
25    G. The singular includes the plural and the plural includes
26the singular and the "male" includes the "female", as the

 

 

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1context of this Act may require.
2    H. "Adoption disruption" occurs when an adoptive placement
3does not prove successful and it becomes necessary for the
4child to be removed from placement before the adoption is
5finalized.
6    I. "Habitual residence" has the meaning ascribed to it in
7the federal Intercountry Adoption Act of 2000 and regulations
8promulgated thereunder. "Foreign placing agency" is an agency
9or individual operating in a country or territory outside the
10United States that is authorized by its country to place
11children for adoption either directly with families in the
12United States or through United States based international
13agencies.
14    J. "Immediate relatives" means the biological parents, the
15parents of the biological parents and siblings of the
16biological parents.
17    K. "Intercountry adoption" is a process by which a child
18from a country other than the United States is adopted by
19persons who are habitual residents of the United States, or the
20child is a habitual resident of the United States who is
21adopted by persons who are habitual residents of a country
22other than the United States.
23    L. (Blank). "Intercountry Adoption Coordinator" is a staff
24person of the Department of Children and Family Services
25appointed by the Director to coordinate the provision of
26services by the public and private sector to prospective

 

 

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1parents of foreign-born children.
2    M. "Interstate Compact on the Placement of Children" is a
3law enacted by most states for the purpose of establishing
4uniform procedures for handling the interstate placement of
5children in foster homes, adoptive homes, or other child care
6facilities.
7    N. "Non-Compact state" means a state that has not enacted
8the Interstate Compact on the Placement of Children.
9    O. "Preadoption requirements" are any conditions
10established by the laws or regulations of the Federal
11Government or of each state that must be met prior to the
12placement of a child in an adoptive home.
13    P. "Abused child" means a child whose parent or immediate
14family member, or any person responsible for the child's
15welfare, or any individual residing in the same home as the
16child, or a paramour of the child's parent:
17        (a) inflicts, causes to be inflicted, or allows to be
18    inflicted upon the child physical injury, by other than
19    accidental means, that causes death, disfigurement,
20    impairment of physical or emotional health, or loss or
21    impairment of any bodily function;
22        (b) creates a substantial risk of physical injury to
23    the child by other than accidental means which would be
24    likely to cause death, disfigurement, impairment of
25    physical or emotional health, or loss or impairment of any
26    bodily function;

 

 

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1        (c) commits or allows to be committed any sex offense
2    against the child, as sex offenses are defined in the
3    Criminal Code of 2012 and extending those definitions of
4    sex offenses to include children under 18 years of age;
5        (d) commits or allows to be committed an act or acts of
6    torture upon the child; or
7        (e) inflicts excessive corporal punishment.
8    Q. "Neglected child" means any child whose parent or other
9person responsible for the child's welfare withholds or denies
10nourishment or medically indicated treatment including food or
11care denied solely on the basis of the present or anticipated
12mental or physical impairment as determined by a physician
13acting alone or in consultation with other physicians or
14otherwise does not provide the proper or necessary support,
15education as required by law, or medical or other remedial care
16recognized under State law as necessary for a child's
17well-being, or other care necessary for his or her well-being,
18including adequate food, clothing and shelter; or who is
19abandoned by his or her parents or other person responsible for
20the child's welfare.
21    A child shall not be considered neglected or abused for the
22sole reason that the child's parent or other person responsible
23for his or her welfare depends upon spiritual means through
24prayer alone for the treatment or cure of disease or remedial
25care as provided under Section 4 of the Abused and Neglected
26Child Reporting Act. A child shall not be considered neglected

 

 

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1or abused for the sole reason that the child's parent or other
2person responsible for the child's welfare failed to vaccinate,
3delayed vaccination, or refused vaccination for the child due
4to a waiver on religious or medical grounds as permitted by
5law.
6    R. "Putative father" means a man who may be a child's
7father, but who (1) is not married to the child's mother on or
8before the date that the child was or is to be born and (2) has
9not established paternity of the child in a court proceeding
10before the filing of a petition for the adoption of the child.
11The term includes a male who is less than 18 years of age.
12"Putative father" does not mean a man who is the child's father
13as a result of criminal sexual abuse or assault as defined
14under Article 11 of the Criminal Code of 2012.
15    S. "Standby adoption" means an adoption in which a parent
16consents to custody and termination of parental rights to
17become effective upon the occurrence of a future event, which
18is either the death of the parent or the request of the parent
19for the entry of a final judgment of adoption.
20    T. (Blank).
21(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
2297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
23    (750 ILCS 50/2.1)  (from Ch. 40, par. 1503)
24    Sec. 2.1. This Act shall be construed in concert with the
25Juvenile Court Act of 1987, the Child Care Act of 1969, and the

 

 

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1Interstate Compact on the Placement of Children, and the
2Intercountry Adoption Act of 2000.
3(Source: P.A. 85-1209.)
 
4    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
5    Sec. 4.1. Adoption between multiple jurisdictions.
6    (a) Interstate Adoptions.
7        (1) Illinois residents who have had or seek to have an
8    out-of-state child placed with them for foster care or
9    adoption shall comply with the Child Care Act of 1969 and
10    the Interstate Compact on the Placement of Children.
11    Out-of-state residents who have had an Illinois child
12    placed with them for foster care or adoption shall comply
13    with the Child Care Act of 1969 and the Interstate Compact
14    on the Placement of Children. Except for children placed
15    with relatives by the Department of Children and Family
16    Services pursuant to subsection (b) of Section 7 of the
17    Children and Family Services Act, placements under this Act
18    shall comply with the Child Care Act of 1969 and the
19    Interstate Compact on the Placement of Children.
20    Placements of children born outside the United States or a
21    territory thereof shall comply with rules promulgated by
22    the United States Department of Immigration and
23    Naturalization.
24        (2) Rules promulgated by the Department of Children and
25    Family Services shall include but not be limited to a

 

 

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1    requirement that any the following: (a) Any agency
2    providing adoption services as defined in Section 2.24 of
3    the Child Care Act of 1969 in this State:
4             (i) Shall be licensed in this State as a child
5        welfare agency as defined in Section 2.08 of the Child
6        Care Act of 1969; or
7             (ii) Shall be licensed as a child placement agency
8        in a state which is a party to the Interstate Compact
9        on the Placement of Children and shall be approved by
10        the Department to place children into Illinois in
11        accordance with subsection (a-5) of this Section; or
12             (iii) Shall be licensed as a child placement
13        agency in a country other than the United States or, if
14        located in such a country but not so licensed, shall
15        provide information such as a license or court document
16        which authorizes that agency to place children for
17        adoption and to establish that such agency has legal
18        authority to place children for adoption. ; or
19             (iv) Shall be a child placement agency which is so
20        licensed in a non-compact state and shall be approved
21        by the Department to place children into Illinois in
22        accordance with subsection (a-5) of this Section, if
23        such agency first files with the Department of Children
24        and Family Services a bond with surety in the amount of
25        $5,000 for each such child to ensure that such child
26        shall not become a public charge upon this State. Such

 

 

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1        bond shall remain in effect until a judgment for
2        adoption is entered with respect to such child pursuant
3        to this Act. The Department of Children and Family
4        Services may accept, in lieu of such bond, a written
5        agreement with such agency which provides that such
6        agency shall be liable for all costs associated with
7        the placement of such child in the event a judgment of
8        adoption is not entered, upon such terms and conditions
9        as the Department deems appropriate.
10        The rules shall also provide that any agency that
11    places children for adoption in this State may not, in any
12    policy or practice relating to the placement of children
13    for adoption, discriminate against any child or
14    prospective adoptive parent on the basis of race.
15        (3) Private placing agencies that seek to place
16    children for foster care or adoption into Illinois must be
17    approved by the Department to make such placements and the
18    Department shall promulgate rules concerning the
19    requirements for approval. All private placing agencies
20    shall comply with the Interstate Compact on the Placement
21    of Children, the Intercountry Adoption Act of 2000, the
22    Child Care Act of 1969, and this Act. (a-5) Out-of-state
23    private placing agencies that seek to place children into
24    Illinois for the purpose of foster care or adoption shall
25    provide all of the following to the Department:
26            (i) A copy of the agency's current license or other

 

 

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1        form of authorization from the approving authority in
2        the agency's state. If no such license or authorization
3        is issued, the agency must provide a reference
4        statement from the approving authority stating the
5        agency is authorized to place children in foster care
6        or adoption or both in its jurisdiction.
7            (ii) A description of the program, including home
8        studies, placements, and supervisions that the child
9        placing agency conducts within its geographical area,
10        and, if applicable, adoptive placements and the
11        finalization of adoptions. The child placing agency
12        must accept continued responsibility for placement
13        planning and replacement if the placement fails.
14            (iii) Notification to the Department of any
15        significant child placing agency changes after
16        approval.
17            (iv) Any other information the Department may
18        require.
19        (4) Illinois residents who have had an out-of-state
20    child placed with them for foster care or adoption must
21    have a home study, including a background check completed
22    by a licensed child welfare agency, approved by the
23    Department. Out-of-state residents who have had an
24    Illinois child placed with them for foster care or adoption
25    must have a home study, including a background check
26    completed by a licensed child welfare agency, approved by

 

 

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1    the Department. Illinois residents who are seeking to
2    receive an out-of-state child for adoption are not required
3    to have a foster care license issued by the Department.
4        (5) If an the adoption is finalized prior to bringing
5    or sending a the child to Illinois, Department approval of
6    the out-of-state child placing agency involved is not
7    required under this Section, nor is compliance with the
8    Interstate Compact on the Placement of Children is not
9    required.
10        (6) If an office of the Interstate Compact on the
11    Placement of Children of any state is presented with a
12    complete interstate referral packet regarding Illinois
13    residents or a child born or residing in Illinois, a court
14    of competent jurisdiction is authorized to approve the
15    placement if all requirements of the Department, this Act,
16    the Interstate Compact on the Placement of Children, and
17    the Child Care Act of 1969 have been substantially complied
18    with in the placement referral and the office:
19            (i) refuses to process the interstate referral;
20            (ii) fails to make a decision on the interstate
21        referral within 3 business days of the receipt of the
22        complete referral packet; or
23            (iii) denies approval of the interstate referral
24        for reasons contrary to the child's best interest.
25    (b) Intercountry Adoptions.
26        (1) The adoption of a child, if the child is a habitual

 

 

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1    resident of a country other than the United States and the
2    petitioners are habitual residents of the United States,
3    or, if the child is a habitual resident of the United
4    States and the petitioners are habitual residents of a
5    country other than the United States, shall comply with the
6    Intercountry Adoption Act of 2000, as amended, and the
7    Immigration and Nationality Act, as amended.
8        (2) The Department shall not impose additional
9    preadoption requirements, including licensure as a foster
10    parent, upon an Illinois resident seeking to adopt a child
11    from a country other than the United States in accordance
12    with the law of that country, the Intercountry Adoption Act
13    of 2000, as amended, and the Immigration and Nationality
14    Act, as amended. As an alternative to requiring the bond
15    provided for in paragraph (a)(iv) of this Section, the
16    Department of Children and Family Services may require the
17    filing of such a bond by the individual or individuals
18    seeking to adopt such a child through placement of such
19    child by a child placement agency located in a state which
20    is not a party to the Interstate Compact on the Placement
21    of Children.
22    (c) (Blank). In the case of any foreign-born child brought
23to the United States for adoption in this State, the following
24preadoption requirements shall be met:
25        (1) Documentation that the child is legally free for
26    adoption prior to entry into the United States shall be

 

 

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1    submitted.
2        (2) A medical report on the child, by authorized
3    medical personnel in the country of the child's origin,
4    shall be provided when such personnel are available.
5        (3) Verification that the adoptive family has been
6    licensed as a foster family home pursuant to the Child Care
7    Act of 1969, as now or hereafter amended, shall be
8    provided.
9        (4) A valid home study conducted by a licensed child
10    welfare agency that complies with guidelines established
11    by the United States Immigration and Naturalization
12    Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
13    amended, shall be submitted. A home study is considered
14    valid if it contains:
15            (i) A factual evaluation of the financial,
16        physical, mental and moral capabilities of the
17        prospective parent or parents to rear and educate the
18        child properly.
19            (ii) A detailed description of the living
20        accommodations where the prospective parent or parents
21        currently reside.
22            (iii) A detailed description of the living
23        accommodations in the United States where the child
24        will reside, if known.
25            (iv) A statement or attachment recommending the
26        proposed adoption signed by an official of the child

 

 

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

 

 

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1    must comply with applicable requirements of the United
2    States Department of Immigration and Naturalization as
3    provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
4    amended.
5    (d) (Blank). The Department of Children and Family Services
6shall maintain the office of Intercountry Adoption
7Coordinator, shall maintain and protect the rights of families
8and children participating in adoption of foreign born
9children, and shall develop ongoing programs of support and
10services to such families and children. The Intercountry
11Adoption Coordinator shall determine that all preadoption
12requirements have been met and report such information to the
13Department of Immigration and Naturalization.
14(Source: P.A. 94-586, eff. 8-15-05.)
 
15    (750 ILCS 50/6)  (from Ch. 40, par. 1508)
16    Sec. 6. A. Investigation; all cases. Within 10 days after
17the filing of a petition for the adoption or standby adoption
18of a child other than a related child, the court shall appoint
19a child welfare agency approved by the Department of Children
20and Family Services, or a person deemed competent by the court,
21or in Cook County the Court Services Division of the Cook
22County Department of Public Aid, or the Department of Children
23and Family Services if the court determines that no child
24welfare agency is available or that the petitioner is
25financially unable to pay for the investigation, to investigate

 

 

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1accurately, fully and promptly, the allegations contained in
2the petition; the character, reputation, health and general
3standing in the community of the petitioners; the religious
4faith of the petitioners and, if ascertainable, of the child
5sought to be adopted; and whether the petitioners are proper
6persons to adopt the child and whether the child is a proper
7subject of adoption. The investigation required under this
8Section shall include a fingerprint based criminal background
9check with a review of fingerprints by the Illinois State
10Police and Federal Bureau of Investigation. Each petitioner
11subject to this investigation, shall submit his or her
12fingerprints to the Department of State Police in the form and
13manner prescribed by the Department of State Police. These
14fingerprints shall be checked against the fingerprint records
15now and hereafter filed in the Department of State Police and
16Federal Bureau of Investigation criminal history records
17databases. The Department of State Police shall charge a fee
18for conducting the criminal history records check, which shall
19be deposited in the State Police Services Fund and shall not
20exceed the actual cost of the records check. The criminal
21background check required by this Section shall include a
22listing of when, where and by whom the criminal background
23check was prepared. The criminal background check required by
24this Section shall not be more than two years old.
25    Neither a clerk of the circuit court nor a judge may
26require that a criminal background check or fingerprint review

 

 

HB2809- 28 -LRB098 10935 HEP 41501 b

1be filed with, or at the same time as, an initial petition for
2adoption.
3    B. Investigation; foreign-born child. In the case of a
4child born outside the United States or a territory thereof, in
5addition to the investigation required under subsection (A) of
6this Section, a post-placement investigation shall be
7conducted in accordance with the requirements of the Child Care
8Act of 1969, the Interstate Compact on the Placement of
9Children, and the Intercountry Adoption Act of 2000 regulations
10of the foreign placing agency and the supervising agency.
11    The requirements of a post-placement investigation shall
12be deemed to have been satisfied if a valid final order or
13judgment of adoption has been entered by a court of competent
14jurisdiction in a country other than the United States or a
15territory thereof with respect to such child and the
16petitioners.
17    C. Report of investigation. The court shall determine
18whether the costs of the investigation shall be charged to the
19petitioners. The information obtained as a result of such
20investigation shall be presented to the court in a written
21report. The results of the criminal background check required
22under subsection (A) shall be provided to the court for its
23review. The court may, in its discretion, weigh the
24significance of the results of the criminal background check
25against the entirety of the background of the petitioners. The
26Court, in its discretion, may accept the report of the

 

 

HB2809- 29 -LRB098 10935 HEP 41501 b

1investigation previously made by a licensed child welfare
2agency, if made within one year prior to the entry of the
3judgment. Such report shall be treated as confidential and
4withheld from inspection unless findings adverse to the
5petitioners or to the child sought to be adopted are contained
6therein, and in that event the court shall inform the
7petitioners of the relevant portions pertaining to the adverse
8findings. In no event shall any facts set forth in the report
9be considered at the hearing of the proceeding, unless
10established by competent evidence. The report shall be filed
11with the record of the proceeding. If the file relating to the
12proceeding is not impounded, the report shall be impounded by
13the clerk of the court and shall be made available for
14inspection only upon order of the court.
15    D. Related adoption. Such investigation shall not be made
16when the petition seeks to adopt a related child or an adult
17unless the court, in its discretion, shall so order. In such an
18event the court may appoint a person deemed competent by the
19court.
20(Source: P.A. 93-418, eff. 1-1-04.)