Rep. Sara Feigenholtz
Filed: 4/11/2013
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1 | AMENDMENT TO HOUSE BILL 2809
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2 | AMENDMENT NO. ______. Amend House Bill 2809, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Adoption Act is amended by changing | ||||||
6 | Sections 1, 2.1, 4.1, and 6 as follows:
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7 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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8 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
9 | context
otherwise requires:
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10 | A. "Child" means a person under legal age subject to | ||||||
11 | adoption under
this Act.
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12 | B. "Related child" means a child subject to adoption where | ||||||
13 | either or both of
the adopting parents stands in any of the | ||||||
14 | following relationships to the child
by blood or marriage: | ||||||
15 | parent, grand-parent, brother, sister, step-parent,
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16 | step-grandparent, step-brother, step-sister, uncle, aunt, |
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1 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
2 | whose parent has executed
a final irrevocable consent to | ||||||
3 | adoption or a final irrevocable surrender
for purposes of | ||||||
4 | adoption, or whose parent has had his or her parental rights
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5 | terminated, is not a related child to that person, unless the | ||||||
6 | consent is
determined to be void or is void pursuant to | ||||||
7 | subsection O of Section 10.
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8 | C. "Agency" for the purpose of this Act means a public | ||||||
9 | child welfare agency
or a licensed child welfare agency.
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10 | D. "Unfit person" means any person whom the court shall | ||||||
11 | find to be unfit
to have a child, without regard to the | ||||||
12 | likelihood that the child will be
placed for adoption. The | ||||||
13 | grounds of unfitness are any one or more
of the following, | ||||||
14 | except that a person shall not be considered an unfit
person | ||||||
15 | for the sole reason that the person has relinquished a child in
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16 | accordance with the Abandoned Newborn Infant Protection Act:
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17 | (a) Abandonment of the child.
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18 | (a-1) Abandonment of a newborn infant in a hospital.
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19 | (a-2) Abandonment of a newborn infant in any setting | ||||||
20 | where the evidence
suggests that the parent intended to | ||||||
21 | relinquish his or her parental rights.
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22 | (b) Failure to maintain a reasonable degree of | ||||||
23 | interest, concern or
responsibility as to the child's | ||||||
24 | welfare.
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25 | (c) Desertion of the child for more than 3 months next | ||||||
26 | preceding the
commencement of the Adoption proceeding.
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1 | (d) Substantial neglect
of the
child if continuous or | ||||||
2 | repeated.
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3 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
4 | of any child
residing in the household which resulted in | ||||||
5 | the death of that child.
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6 | (e) Extreme or repeated cruelty to the child.
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7 | (f) There is a rebuttable presumption, which can be | ||||||
8 | overcome only by clear and convincing evidence, that a | ||||||
9 | parent is unfit if:
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10 | (1) Two or more findings of physical abuse have | ||||||
11 | been entered regarding any children under Section 2-21 | ||||||
12 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
13 | which was determined by the juvenile court
hearing the | ||||||
14 | matter to be supported by clear and convincing | ||||||
15 | evidence; or | ||||||
16 | (2) The parent has been convicted or found not | ||||||
17 | guilty by reason of insanity and the conviction or | ||||||
18 | finding resulted from the death of any child by | ||||||
19 | physical abuse; or
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20 | (3) There is a finding of physical child abuse | ||||||
21 | resulting from the death of any
child under Section | ||||||
22 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
23 | No conviction or finding of delinquency pursuant | ||||||
24 | to Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
25 | considered a criminal conviction for the purpose of | ||||||
26 | applying any presumption under this item (f).
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1 | (g) Failure to protect the child from conditions within | ||||||
2 | his environment
injurious to the child's welfare.
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3 | (h) Other neglect of, or misconduct toward the child; | ||||||
4 | provided that in
making a finding of unfitness the court | ||||||
5 | hearing the adoption proceeding
shall not be bound by any | ||||||
6 | previous finding, order or judgment affecting
or | ||||||
7 | determining the rights of the parents toward the child | ||||||
8 | sought to be adopted
in any other proceeding except such | ||||||
9 | proceedings terminating parental rights
as shall be had | ||||||
10 | under either this Act, the Juvenile Court Act or
the | ||||||
11 | Juvenile Court Act of 1987.
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12 | (i) Depravity. Conviction of any one of the following
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13 | crimes shall create a presumption that a parent is depraved | ||||||
14 | which can be
overcome only by clear and convincing | ||||||
15 | evidence:
(1) first degree murder in violation of paragraph | ||||||
16 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
18 | second degree murder in violation of subsection (a) of | ||||||
19 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012 of a parent of the child to be adopted; (2)
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21 | first degree murder or second degree murder of any child in
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22 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
24 | murder or second degree murder
of any child in violation of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
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26 | solicitation to commit murder of any child, solicitation to
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1 | commit murder of any child for hire, or solicitation to | ||||||
2 | commit second
degree murder of any child in violation of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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4 | predatory criminal sexual assault of a child in violation | ||||||
5 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
7 | child in violation of the Criminal Code of 1961; or (7) | ||||||
8 | aggravated battery of any child in violation of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012.
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10 | There is a rebuttable presumption that a parent is | ||||||
11 | depraved if the parent
has been criminally convicted of at | ||||||
12 | least 3 felonies under the laws of this
State or any other | ||||||
13 | state, or under federal law, or the criminal laws of any
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14 | United States territory; and at least
one of these
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15 | convictions took place within 5 years of the filing of the | ||||||
16 | petition or motion
seeking termination of parental rights.
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17 | There is a rebuttable presumption that a parent is | ||||||
18 | depraved if that
parent
has
been criminally convicted of | ||||||
19 | either first or second degree murder of any person
as | ||||||
20 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012 within 10 years of the filing date of
the petition | ||||||
22 | or motion to terminate parental rights. | ||||||
23 | No conviction or finding of delinquency pursuant to | ||||||
24 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
25 | considered a criminal conviction for the purpose of | ||||||
26 | applying any presumption under this item (i).
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1 | (j) Open and notorious adultery or fornication.
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2 | (j-1) (Blank).
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3 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
4 | than those
prescribed by a physician, for at least one year | ||||||
5 | immediately
prior to the commencement of the unfitness | ||||||
6 | proceeding.
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7 | There is a rebuttable presumption that a parent is | ||||||
8 | unfit under this
subsection
with respect to any child to | ||||||
9 | which that parent gives birth where there is a
confirmed
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10 | test result that at birth the child's blood, urine, or | ||||||
11 | meconium contained any
amount of a controlled substance as | ||||||
12 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
13 | Controlled Substances Act or metabolites of such | ||||||
14 | substances, the
presence of which in the newborn infant was | ||||||
15 | not the result of medical treatment
administered to the | ||||||
16 | mother or the newborn infant; and the biological mother of
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17 | this child is the biological mother of at least one other | ||||||
18 | child who was
adjudicated a neglected minor under | ||||||
19 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
20 | 1987.
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21 | (l) Failure to demonstrate a reasonable degree of | ||||||
22 | interest, concern or
responsibility as to the welfare of a | ||||||
23 | new born child during the first 30
days after its birth.
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24 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
25 | to correct the
conditions that were the basis for the | ||||||
26 | removal of the child from the
parent, or (ii) to make |
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1 | reasonable progress toward the return of the child
to
the | ||||||
2 | parent within 9 months after an adjudication of neglected | ||||||
3 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
4 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
5 | or (iii) to make reasonable progress
toward the return of | ||||||
6 | the
child to the parent during any 9-month period after the | ||||||
7 | end of the initial
9-month period following the | ||||||
8 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
9 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
10 | Section 2-4 of that Act.
If a service plan has been | ||||||
11 | established as
required under
Section 8.2 of the Abused and | ||||||
12 | Neglected Child Reporting Act to correct the
conditions | ||||||
13 | that were the basis for the removal of the child from the | ||||||
14 | parent
and if those services were available,
then, for | ||||||
15 | purposes of this Act, "failure to make reasonable progress | ||||||
16 | toward the
return of the child to the parent" includes (I) | ||||||
17 | the parent's failure to
substantially fulfill his or her | ||||||
18 | obligations under the
service plan and correct the | ||||||
19 | conditions that brought the child into care
within 9 months | ||||||
20 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
21 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
22 | substantially fulfill his or her obligations
under
the | ||||||
23 | service plan and correct the conditions that brought the | ||||||
24 | child into care
during any 9-month period after the end of | ||||||
25 | the initial 9-month period
following the adjudication | ||||||
26 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. |
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1 | Notwithstanding any other provision, when a petition or | ||||||
2 | motion seeks to terminate parental rights on the basis of | ||||||
3 | item (iii) of this subsection (m), the petitioner shall | ||||||
4 | file with the court and serve on the parties a pleading | ||||||
5 | that specifies the 9-month period or periods relied on. The | ||||||
6 | pleading shall be filed and served on the parties no later | ||||||
7 | than 3 weeks before the date set by the court for closure | ||||||
8 | of discovery, and the allegations in the pleading shall be | ||||||
9 | treated as incorporated into the petition or motion. | ||||||
10 | Failure of a respondent to file a written denial of the | ||||||
11 | allegations in the pleading shall not be treated as an | ||||||
12 | admission that the allegations are true.
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13 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
14 | child
has been in foster care for 15 months out of any 22 | ||||||
15 | month period which begins
on or after the effective date of | ||||||
16 | this amendatory Act of 1998 unless the
child's parent can | ||||||
17 | prove
by a preponderance of the evidence that it is more | ||||||
18 | likely than not that it will
be in the best interests of | ||||||
19 | the child to be returned to the parent within 6
months of | ||||||
20 | the date on which a petition for termination of parental | ||||||
21 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
22 | 15 month time limit is tolled
during
any period for which | ||||||
23 | there is a court finding that the appointed custodian or
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24 | guardian failed to make reasonable efforts to reunify the | ||||||
25 | child with his or her
family, provided that (i) the finding | ||||||
26 | of no reasonable efforts is made within
60 days of the |
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1 | period when reasonable efforts were not made or (ii) the | ||||||
2 | parent
filed a motion requesting a finding of no reasonable | ||||||
3 | efforts within 60 days of
the period when reasonable | ||||||
4 | efforts were not made. For purposes of this
subdivision | ||||||
5 | (m-1), the date of entering foster care is the earlier of: | ||||||
6 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
7 | hearing that the child is an abused,
neglected, or | ||||||
8 | dependent minor; or (ii) 60 days after the date on which | ||||||
9 | the
child is removed from his or her parent, guardian, or | ||||||
10 | legal custodian.
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11 | (n) Evidence of intent to forgo his or her parental | ||||||
12 | rights,
whether or
not the child is a ward of the court, | ||||||
13 | (1) as manifested
by his or her failure for a period of 12 | ||||||
14 | months: (i) to visit the child,
(ii) to communicate with | ||||||
15 | the child or agency, although able to do so and
not | ||||||
16 | prevented from doing so by an agency or by court order, or | ||||||
17 | (iii) to
maintain contact with or plan for the future of | ||||||
18 | the child, although physically
able to do so, or (2) as | ||||||
19 | manifested by the father's failure, where he
and the mother | ||||||
20 | of the child were unmarried to each other at the time of | ||||||
21 | the
child's birth, (i) to commence legal proceedings to | ||||||
22 | establish his paternity
under the Illinois Parentage Act of | ||||||
23 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
24 | within 30 days of being informed, pursuant to Section 12a
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25 | of this Act, that he is the father or the likely father of | ||||||
26 | the child or,
after being so informed where the child is |
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1 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
2 | to make a good faith effort to pay a reasonable
amount of | ||||||
3 | the expenses related to the birth of the child and to | ||||||
4 | provide a
reasonable amount for the financial support of | ||||||
5 | the child, the court to
consider in its determination all | ||||||
6 | relevant circumstances, including the
financial condition | ||||||
7 | of both parents; provided that the ground for
termination | ||||||
8 | provided in this subparagraph (n)(2)(ii) shall only be
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9 | available where the petition is brought by the mother or | ||||||
10 | the husband of
the mother.
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11 | Contact or communication by a parent with his or her | ||||||
12 | child that does not
demonstrate affection and concern does | ||||||
13 | not constitute reasonable contact
and planning under | ||||||
14 | subdivision (n). In the absence of evidence to the
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15 | contrary, the ability to visit, communicate, maintain | ||||||
16 | contact, pay
expenses and plan for the future shall be | ||||||
17 | presumed. The subjective intent
of the parent, whether | ||||||
18 | expressed or otherwise, unsupported by evidence of
the | ||||||
19 | foregoing parental acts manifesting that intent, shall not | ||||||
20 | preclude a
determination that the parent has intended to | ||||||
21 | forgo his or her
parental
rights. In making this | ||||||
22 | determination, the court may consider but shall not
require | ||||||
23 | a showing of diligent efforts by an authorized agency to | ||||||
24 | encourage
the parent to perform the acts specified in | ||||||
25 | subdivision (n).
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26 | It shall be an affirmative defense to any allegation |
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1 | under paragraph
(2) of this subsection that the father's | ||||||
2 | failure was due to circumstances
beyond his control or to | ||||||
3 | impediments created by the mother or any other
person | ||||||
4 | having legal custody. Proof of that fact need only be by a
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5 | preponderance of the evidence.
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6 | (o) Repeated or continuous failure by the parents, | ||||||
7 | although physically
and financially able, to provide the | ||||||
8 | child with adequate food, clothing,
or shelter.
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9 | (p) Inability to discharge parental responsibilities | ||||||
10 | supported by
competent evidence from a psychiatrist, | ||||||
11 | licensed clinical social
worker, or clinical psychologist | ||||||
12 | of mental
impairment, mental illness or an intellectual | ||||||
13 | disability as defined in Section
1-116 of the Mental Health | ||||||
14 | and Developmental Disabilities Code, or
developmental | ||||||
15 | disability as defined in Section 1-106 of that Code, and
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16 | there is sufficient justification to believe that the | ||||||
17 | inability to
discharge parental responsibilities shall | ||||||
18 | extend beyond a reasonable
time period. However, this | ||||||
19 | subdivision (p) shall not be construed so as to
permit a | ||||||
20 | licensed clinical social worker to conduct any medical | ||||||
21 | diagnosis to
determine mental illness or mental | ||||||
22 | impairment.
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23 | (q) (Blank).
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24 | (r) The child is in the temporary custody or | ||||||
25 | guardianship of the
Department of Children and Family | ||||||
26 | Services, the parent is incarcerated as a
result of |
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1 | criminal conviction at the time the petition or motion for
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2 | termination of parental rights is filed, prior to | ||||||
3 | incarceration the parent had
little or no contact with the | ||||||
4 | child or provided little or no support for the
child, and | ||||||
5 | the parent's incarceration will prevent the parent from | ||||||
6 | discharging
his or her parental responsibilities for the | ||||||
7 | child for a period in excess of 2
years after the filing of | ||||||
8 | the petition or motion for termination of parental
rights.
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9 | (s) The child is in the temporary custody or | ||||||
10 | guardianship of the
Department of Children and Family | ||||||
11 | Services, the parent is incarcerated at the
time the | ||||||
12 | petition or motion for termination of parental rights is | ||||||
13 | filed, the
parent has been repeatedly incarcerated as a | ||||||
14 | result of criminal convictions,
and the parent's repeated | ||||||
15 | incarceration has prevented the parent from
discharging | ||||||
16 | his or her parental responsibilities for the child.
| ||||||
17 | (t) A finding that at birth the child's blood,
urine, | ||||||
18 | or meconium contained any amount of a controlled substance | ||||||
19 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
20 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
21 | substance, with the exception of
controlled substances or | ||||||
22 | metabolites of such substances, the presence of which
in | ||||||
23 | the newborn infant was the result of medical treatment | ||||||
24 | administered to the
mother or the newborn infant, and that | ||||||
25 | the biological mother of this child is
the biological | ||||||
26 | mother of at least one other child who was adjudicated a
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1 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
2 | Juvenile Court Act
of 1987, after which the biological | ||||||
3 | mother had the opportunity to enroll in
and participate in | ||||||
4 | a clinically appropriate substance abuse
counseling, | ||||||
5 | treatment, and rehabilitation program.
| ||||||
6 | E. "Parent" means the father or mother of a lawful child of | ||||||
7 | the parties or child born out of wedlock. For the purpose of | ||||||
8 | this Act, a person who has executed a final and
irrevocable | ||||||
9 | consent to adoption or a final and irrevocable surrender for
| ||||||
10 | purposes of adoption, or whose parental rights have been | ||||||
11 | terminated by a
court, is not a parent of the child who was the | ||||||
12 | subject of the consent or
surrender, unless the consent is void | ||||||
13 | pursuant to subsection O of Section 10.
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14 | F. A person is available for adoption when the person is:
| ||||||
15 | (a) a child who has been surrendered for adoption to an | ||||||
16 | agency and to
whose adoption the agency has thereafter | ||||||
17 | consented;
| ||||||
18 | (b) a child to whose adoption a person authorized by | ||||||
19 | law, other than his
parents, has consented, or to whose | ||||||
20 | adoption no consent is required pursuant
to Section 8 of | ||||||
21 | this Act;
| ||||||
22 | (c) a child who is in the custody of persons who intend | ||||||
23 | to adopt him
through placement made by his parents;
| ||||||
24 | (c-1) a child for whom a parent has signed a specific | ||||||
25 | consent pursuant
to subsection O of Section 10;
| ||||||
26 | (d) an adult who meets the conditions set forth in |
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| |||||||
1 | Section 3 of this
Act; or
| ||||||
2 | (e) a child who has been relinquished as defined in | ||||||
3 | Section 10 of the
Abandoned Newborn Infant Protection Act.
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4 | A person who would otherwise be available for adoption | ||||||
5 | shall not be
deemed unavailable for adoption solely by reason | ||||||
6 | of his or her death.
| ||||||
7 | G. The singular includes the plural and the plural includes
| ||||||
8 | the singular and the "male" includes the "female", as the | ||||||
9 | context of this
Act may require.
| ||||||
10 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
11 | does not
prove successful and it becomes necessary for the | ||||||
12 | child to be removed from
placement before the adoption is | ||||||
13 | finalized.
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14 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
15 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
16 | promulgated thereunder. "Foreign placing agency" is an agency | ||||||
17 | or individual operating in a
country or territory outside the | ||||||
18 | United States that is authorized by its
country to place | ||||||
19 | children for adoption either directly with families in the
| ||||||
20 | United States or through United States based international | ||||||
21 | agencies.
| ||||||
22 | J. "Immediate relatives" means the biological parents, the | ||||||
23 | parents of
the biological parents and siblings of the | ||||||
24 | biological parents.
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25 | K. "Intercountry adoption" is a process by which a child | ||||||
26 | from a country
other than the United States is adopted by |
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1 | persons who are habitual residents of the United States, or the | ||||||
2 | child is a habitual resident of the United States who is | ||||||
3 | adopted by persons who are habitual residents of a country | ||||||
4 | other than the United States .
| ||||||
5 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
6 | the
Department of Children and Family Services appointed by the | ||||||
7 | Director to
coordinate the provision of services by the public | ||||||
8 | and private sector to
prospective parents of foreign-born | ||||||
9 | children.
| ||||||
10 | M. "Interstate Compact on the Placement of Children" is a | ||||||
11 | law enacted by
most states for the purpose of establishing | ||||||
12 | uniform procedures for handling
the interstate placement of | ||||||
13 | children in foster homes, adoptive homes, or
other child care | ||||||
14 | facilities.
| ||||||
15 | N. "Non-Compact state" means a state that has not enacted | ||||||
16 | the
Interstate Compact on the Placement of Children.
| ||||||
17 | O. "Preadoption requirements" are any conditions | ||||||
18 | established by the laws
or regulations of the Federal | ||||||
19 | Government or of each state that must be met
prior to the | ||||||
20 | placement of a child in an adoptive home.
| ||||||
21 | P. "Abused child" means a child whose parent or immediate | ||||||
22 | family member,
or any person responsible for the child's | ||||||
23 | welfare, or any individual
residing in the same home as the | ||||||
24 | child, or a paramour of the child's parent:
| ||||||
25 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
26 | inflicted upon
the child physical injury, by other than |
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| |||||||
1 | accidental means, that causes
death, disfigurement, | ||||||
2 | impairment of physical or emotional health, or loss
or | ||||||
3 | impairment of any bodily function;
| ||||||
4 | (b) creates a substantial risk of physical injury to | ||||||
5 | the child by
other than accidental means which would be | ||||||
6 | likely to cause death,
disfigurement, impairment of | ||||||
7 | physical or emotional health, or loss or
impairment of any | ||||||
8 | bodily function;
| ||||||
9 | (c) commits or allows to be committed any sex offense | ||||||
10 | against the child,
as sex offenses are defined in the | ||||||
11 | Criminal Code of 2012
and extending those definitions of | ||||||
12 | sex offenses to include children under
18 years of age;
| ||||||
13 | (d) commits or allows to be committed an act or acts of | ||||||
14 | torture upon
the child; or
| ||||||
15 | (e) inflicts excessive corporal punishment.
| ||||||
16 | Q. "Neglected child" means any child whose parent or other | ||||||
17 | person
responsible for the child's welfare withholds or denies | ||||||
18 | nourishment or
medically indicated treatment including food or | ||||||
19 | care denied solely on the
basis of the present or anticipated | ||||||
20 | mental or physical impairment as determined
by a physician | ||||||
21 | acting alone or in consultation with other physicians or
| ||||||
22 | otherwise does not provide the proper or necessary support, | ||||||
23 | education
as required by law, or medical or other remedial care | ||||||
24 | recognized under State
law as necessary for a child's | ||||||
25 | well-being, or other care necessary for his
or her well-being, | ||||||
26 | including adequate food, clothing and shelter; or who
is |
| |||||||
| |||||||
1 | abandoned by his or her parents or other person responsible for | ||||||
2 | the child's
welfare.
| ||||||
3 | A child shall not be considered neglected or abused for the
| ||||||
4 | sole reason that the child's parent or other person responsible | ||||||
5 | for his
or her welfare depends upon spiritual means through | ||||||
6 | prayer alone for the
treatment or cure of disease or remedial | ||||||
7 | care as provided under Section 4
of the Abused and Neglected | ||||||
8 | Child Reporting Act.
A child shall not be considered neglected | ||||||
9 | or abused for the sole reason that
the child's parent or other | ||||||
10 | person responsible for the child's welfare failed
to vaccinate, | ||||||
11 | delayed vaccination, or refused vaccination for the child
due | ||||||
12 | to a waiver on religious or medical grounds as permitted by | ||||||
13 | law.
| ||||||
14 | R. "Putative father" means a man who may be a child's | ||||||
15 | father, but who (1) is
not married to the child's mother on or | ||||||
16 | before the date that the child was or
is to be born and (2) has | ||||||
17 | not established paternity of the child in a court
proceeding | ||||||
18 | before the filing of a petition for the adoption of the child. | ||||||
19 | The
term includes a male who is less than 18 years of age. | ||||||
20 | "Putative father" does
not mean a man who is the child's father | ||||||
21 | as a result of criminal sexual abuse
or assault as defined | ||||||
22 | under Article 11 of the Criminal Code of 2012.
| ||||||
23 | S. "Standby adoption" means an adoption in which a parent
| ||||||
24 | consents to custody and termination of parental rights to | ||||||
25 | become
effective upon the occurrence of a future event, which | ||||||
26 | is either the death of
the
parent or the request of the parent
|
| |||||||
| |||||||
1 | for the entry of a final judgment of adoption.
| ||||||
2 | T. (Blank).
| ||||||
3 | U. "Interstate adoption" means the placement of a minor | ||||||
4 | child with a prospective adoptive parent for the purpose of | ||||||
5 | pursuing an adoption for that child that is subject to the | ||||||
6 | provisions of the Interstate Compact on Placement of Children | ||||||
7 | Act. | ||||||
8 | V. "Endorsement Letter" means the official notification | ||||||
9 | from the Department of Children and Family Services to the | ||||||
10 | prospective adoptive parent that all State preadoption | ||||||
11 | requirements have been met. | ||||||
12 | W. "Denial Letter" means the official notification from the | ||||||
13 | Department of Children and Family Services to the prospective | ||||||
14 | parent that all State preadoption requirements have not been | ||||||
15 | met and which contains the particular reason the prospective | ||||||
16 | adoptive parent has not been approved to adopt. | ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | ||||||
18 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13 .)
| ||||||
19 | (750 ILCS 50/2.1) (from Ch. 40, par. 1503)
| ||||||
20 | Sec. 2.1.
This Act shall be construed in concert with the
| ||||||
21 | Juvenile Court Act of 1987, the Child Care Act of
1969, and the | ||||||
22 | Interstate Compact on the Placement of Children , and the | ||||||
23 | Intercountry Adoption Act of 2000 .
| ||||||
24 | (Source: P.A. 85-1209.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| ||||||
2 | Sec. 4.1. Adoption between multiple jurisdictions. | ||||||
3 | (a) The Department of Children and Family Services shall | ||||||
4 | promulgate rules regarding the approval and regulation of | ||||||
5 | agencies providing adoption services in this State, as defined | ||||||
6 | in Section 2.24 of the Child Care Act of 1969, which shall | ||||||
7 | include but not be limited to a requirement that any such | ||||||
8 | agency shall be licensed in this State as a child welfare | ||||||
9 | agency as defined in Section 2.08 of the Child Care Act of 1969 | ||||||
10 | or, if not licensed in this State as a child welfare agency, | ||||||
11 | shall be approved by the Department to place children into | ||||||
12 | Illinois for the purpose of adoption and shall provide all of | ||||||
13 | the following to the Department: | ||||||
14 | (1) A copy of the agency's current license or other | ||||||
15 | form of authorization from the approving authority in the | ||||||
16 | agency's state. If no such license or authorization is | ||||||
17 | issued, the agency must provide a reference statement from | ||||||
18 | the approving authority stating the agency is authorized to | ||||||
19 | place children in foster care or adoption or both in its | ||||||
20 | jurisdiction. | ||||||
21 | (2) A description of the program, including home | ||||||
22 | studies, placements, and supervisions that the child | ||||||
23 | placing agency conducts within its geographical area, and, | ||||||
24 | if applicable, adoptive placements and the finalization of | ||||||
25 | adoptions. The child placing agency must accept continued | ||||||
26 | responsibility for placement planning and replacement if |
| |||||||
| |||||||
1 | the placement fails. | ||||||
2 | (3) Notification to the Department of any significant | ||||||
3 | child placing agency changes after approval. | ||||||
4 | (4) Any other information the Department may require. | ||||||
5 | Except for children placed with relatives by the Department of
| ||||||
6 | Children and Family Services pursuant to subsection (b) of | ||||||
7 | Section 7 of the
Children and Family Services Act, placements | ||||||
8 | under this Act shall comply with
the Child Care Act of 1969 and | ||||||
9 | the Interstate Compact on the Placement of
Children. Placements | ||||||
10 | of children born outside the United States or a territory
| ||||||
11 | thereof shall comply with rules promulgated by the United | ||||||
12 | States Department of
Immigration and Naturalization.
| ||||||
13 | Rules promulgated by the Department of Children and Family | ||||||
14 | Services shall
include but not be limited to the following:
| ||||||
15 | (a) Any agency providing adoption services as defined in | ||||||
16 | Section 2.24 of the Child Care Act of 1969 in this State:
| ||||||
17 | (i) Shall be licensed in this State as a child welfare | ||||||
18 | agency as defined
in Section 2.08 of the Child Care Act of | ||||||
19 | 1969; or
| ||||||
20 | (ii) Shall be licensed as a child placement agency in a | ||||||
21 | state which is a
party to the Interstate Compact on the | ||||||
22 | Placement of Children and shall be approved by the | ||||||
23 | Department to place children into Illinois in accordance | ||||||
24 | with subsection (a-5) of this Section; or
| ||||||
25 | (iii) Shall be licensed as a child placement agency in | ||||||
26 | a country other
than the United States or, if located in |
| |||||||
| |||||||
1 | such a country but not so
licensed, shall provide | ||||||
2 | information such as a license or court document
which | ||||||
3 | authorizes that agency to place children for adoption and | ||||||
4 | to
establish that such agency has legal authority to place | ||||||
5 | children for adoption;
or
| ||||||
6 | (iv) Shall be a child placement agency which is so | ||||||
7 | licensed in a
non-compact
state and shall be approved by | ||||||
8 | the Department to place children into Illinois in | ||||||
9 | accordance with subsection (a-5) of this Section, if such | ||||||
10 | agency first files with the Department of Children and | ||||||
11 | Family
Services a bond with surety in the amount of $5,000 | ||||||
12 | for each such child to
ensure that such child shall not | ||||||
13 | become a public charge upon this State. Such
bond shall | ||||||
14 | remain in effect until a judgment for adoption is entered | ||||||
15 | with
respect to such child pursuant to this Act. The | ||||||
16 | Department of Children and
Family Services may accept, in | ||||||
17 | lieu of such bond, a written agreement with such
agency | ||||||
18 | which provides that such agency shall be liable for all | ||||||
19 | costs associated
with the placement of such child in the | ||||||
20 | event a judgment of adoption is not
entered, upon such | ||||||
21 | terms and conditions as the Department deems appropriate.
| ||||||
22 | The rules shall also provide that any agency that places | ||||||
23 | children for
adoption in this State may not, in any policy or | ||||||
24 | practice relating to the
placement of children for adoption, | ||||||
25 | discriminate against any child or
prospective adoptive parent | ||||||
26 | on the basis of race.
|
| |||||||
| |||||||
1 | (a-5) (Blank). Out-of-state private placing agencies that | ||||||
2 | seek to place children into Illinois for the purpose of foster | ||||||
3 | care or adoption shall provide all of the following to the | ||||||
4 | Department: | ||||||
5 | (i) A copy of the agency's current license or other | ||||||
6 | form of authorization from the approving authority in the | ||||||
7 | agency's state. If no such license or authorization is | ||||||
8 | issued, the agency must provide a reference statement from | ||||||
9 | the approving authority stating the agency is authorized to | ||||||
10 | place children in foster care or adoption or both in its | ||||||
11 | jurisdiction. | ||||||
12 | (ii) A description of the program, including home | ||||||
13 | studies, placements, and supervisions that the child | ||||||
14 | placing agency conducts within its geographical area, and, | ||||||
15 | if applicable, adoptive placements and the finalization of | ||||||
16 | adoptions. The child placing agency must accept continued | ||||||
17 | responsibility for placement planning and replacement if | ||||||
18 | the placement fails. | ||||||
19 | (iii) Notification to the Department of any | ||||||
20 | significant child placing agency changes after approval. | ||||||
21 | (iv) Any other information the Department may require. | ||||||
22 | If the adoption is finalized prior to bringing or sending | ||||||
23 | the child to Illinois, Department approval of the out-of-state | ||||||
24 | child placing agency involved is not required under this | ||||||
25 | Section, nor is compliance with the Interstate Compact on the | ||||||
26 | Placement of Children.
|
| |||||||
| |||||||
1 | (b) Interstate Adoptions. | ||||||
2 | (1) Except for children placed with relatives by the | ||||||
3 | Department of
Children and Family Services pursuant to | ||||||
4 | subsection (b) of Section 7 of the
Children and Family | ||||||
5 | Services Act, placements under this Act shall comply with
| ||||||
6 | the Child Care Act of 1969 and the Interstate Compact on | ||||||
7 | the Placement of
Children. | ||||||
8 | (2) If an adoption is finalized prior to bringing or | ||||||
9 | sending a child to Illinois, compliance with the Interstate | ||||||
10 | Compact on the Placement of Children is not required. | ||||||
11 | As an alternative to requiring the bond provided for in | ||||||
12 | paragraph
(a)(iv) of this Section, the Department of Children | ||||||
13 | and Family Services may
require the filing of such a bond by | ||||||
14 | the individual or individuals seeking
to adopt such a child | ||||||
15 | through placement of such child by a child placement
agency | ||||||
16 | located in a state which is not a party to the Interstate | ||||||
17 | Compact on
the Placement of Children.
| ||||||
18 | (c) Intercountry Adoptions. | ||||||
19 | (1) The adoption of a child, if the child is a habitual | ||||||
20 | resident of a country other than the United States and the | ||||||
21 | petitioner is a habitual resident of the United States, or, | ||||||
22 | if the child is a habitual resident of the United States | ||||||
23 | and the petitioner is a habitual resident of a country | ||||||
24 | other than the United States, shall comply with the | ||||||
25 | Intercountry Adoption Act of 2000, as amended, and the | ||||||
26 | Immigration and Nationality Act, as amended. |
| |||||||
| |||||||
1 | (2) The Department of Children and Family Services | ||||||
2 | shall maintain the office of Intercountry Adoption | ||||||
3 | Coordinator in order to maintain and protect the rights of | ||||||
4 | families and children participating in an intercountry | ||||||
5 | adoption and shall develop ongoing programs of support and | ||||||
6 | services to such families and children. | ||||||
7 | (3) In the case of an intercountry adoption of a child | ||||||
8 | by an Illinois resident, the Department shall promulgate | ||||||
9 | rules concerning preadoption requirements, which shall | ||||||
10 | include but not be limited to the following: | ||||||
11 | (i) A home study conducted by a licensed child | ||||||
12 | welfare agency that meets the requirements of the | ||||||
13 | Intercountry Adoption Act of 2000. | ||||||
14 | (ii) If the prospective adoptive parents seek to | ||||||
15 | adopt a particular child, documentation which shows | ||||||
16 | that the child is legally free for adoption, and a | ||||||
17 | medical report on the child by a licensed or certified | ||||||
18 | medical provider from the country of the child's | ||||||
19 | origin. | ||||||
20 | (iii) Documentation providing information | ||||||
21 | regarding the prospective parent's ability to provide | ||||||
22 | necessary financial support for the child. | ||||||
23 | (4) The Intercountry Adoption Coordinator shall | ||||||
24 | determine whether all preadoption requirements have been | ||||||
25 | met by a prospective adoptive parent and provide such | ||||||
26 | information to United States Citizenship and Immigration |
| |||||||
| |||||||
1 | Services. The Intercountry Adoption Coordinator shall also | ||||||
2 | determine whether the prospective adoptive parent is | ||||||
3 | suitable as the adoptive parent. In determining | ||||||
4 | suitability to adopt, the Intercountry Adoption | ||||||
5 | coordinator shall give considerable weight to the home | ||||||
6 | study, but is not bound by it. Even if the home study is | ||||||
7 | favorable, the Intercountry Adoption Coordinator must | ||||||
8 | issue a denial letter if, on the basis of all the | ||||||
9 | information provided, the Intercountry Adoption | ||||||
10 | Coordinator finds, for a specific and articulable reason, | ||||||
11 | that the prospective adoptive parent has failed to | ||||||
12 | establish the he or she is suitable as the adoptive parent. | ||||||
13 | (5) The Intercountry Adoption Coordinator shall issue | ||||||
14 | an Endorsement Letter, indicating that all pre-adoption | ||||||
15 | requirements have been met, or a Denial Letter, indicating | ||||||
16 | the specific pre-adoption requirements that have not been | ||||||
17 | met, no later than 21 days from receipt of the home study | ||||||
18 | from the child welfare agency. If, upon receipt of the home | ||||||
19 | study, the Intercountry Adoption Coordinator determines | ||||||
20 | that more information is required before any determination | ||||||
21 | can be made with respect to compliance with the | ||||||
22 | pre-adoption requirements, the Intercountry Adoption | ||||||
23 | Coordinator shall, within 7 days of receipt of the home | ||||||
24 | study, provide notice describing such additional | ||||||
25 | information, via facsimile or through electronic | ||||||
26 | communication, to the licensed child welfare agency and the |
| |||||||
| |||||||
1 | adoptive parent. Within 21 days of receipt of such | ||||||
2 | additional information, the Intercountry Adoption | ||||||
3 | Coordinator shall provide the child welfare agency with an | ||||||
4 | Endorsement Letter or a Denial Letter. The Intercountry | ||||||
5 | Adoption Coordinator shall mail a copy of the Endorsement | ||||||
6 | Letter or Denial Letter to the prospective adoptive parent | ||||||
7 | at the same time that the Intercountry Adoption Coordinator | ||||||
8 | provides such letter to the child welfare agency. | ||||||
9 | (6) If the Intercountry Adoption Coordinator issues a | ||||||
10 | Denial Letter, a prospective adoptive parent shall have the | ||||||
11 | right to an administrative review. The Intercountry | ||||||
12 | Adoption Coordinator shall include in its Denial Letter | ||||||
13 | notification advising the prospective adoptive parent of | ||||||
14 | the right to seek an administrative review of the | ||||||
15 | determination by the Director of the Department, if | ||||||
16 | requested in writing within 30 days of receipt of the | ||||||
17 | Denial Letter. Failure to submit such a request within 30 | ||||||
18 | days waives the prospective parent's right to a review. | ||||||
19 | (i) The review by the Director shall include, but | ||||||
20 | is not limited to, a review of documentation submitted | ||||||
21 | by the prospective adoptive parent and, if requested by | ||||||
22 | the prospective adoptive parent, a telephone | ||||||
23 | conference or a mutually convenient in-person meeting | ||||||
24 | with the Director, or the Director's designated | ||||||
25 | representative, to allow the prospective adoptive | ||||||
26 | parent to present the facts and circumstances |
| |||||||
| |||||||
1 | supporting the request for the Endorsement Letter. | ||||||
2 | (ii) The Director shall issue a decision within 30 | ||||||
3 | days of receipt of the request for review. | ||||||
4 | (iii) If the Director concurs with the original | ||||||
5 | Denial of the Intercountry Adoption Coordinator, the | ||||||
6 | Director's decision shall be considered a final | ||||||
7 | administrative decision and the prospective adoptive | ||||||
8 | parent shall have all rights and remedies to a review | ||||||
9 | to which he or she is entitled under applicable law. | ||||||
10 | (7) In the case of an intercountry adoption finalized | ||||||
11 | in another country, where a complete and valid Order of | ||||||
12 | Adoption is issued from that country to an Illinois | ||||||
13 | resident, as determined by the United States Department of | ||||||
14 | State, this State shall not impose any additional | ||||||
15 | preadoption requirements. | ||||||
16 | (8) The Department shall provide a report to the | ||||||
17 | General Assembly on an annual basis beginning on January 15 | ||||||
18 | of each year after the effective date of this amendatory | ||||||
19 | Act of the 98th General Assembly. The report shall provide | ||||||
20 | statistical data on the Endorsement and Denial Letters and | ||||||
21 | the Requests for Review of the Denial letter including, and | ||||||
22 | shall contain but not limited to, the following: | ||||||
23 | (i) The number of Endorsement Letters issued by the | ||||||
24 | Intercountry Adoption Coordinator in the preceding | ||||||
25 | year; | ||||||
26 | (ii) The number of Denial Letters issued by the |
| |||||||
| |||||||
1 | Intercountry Adoption Coordinator in the preceding | ||||||
2 | year; | ||||||
3 | (iii) The number of Requests for Review of Denial | ||||||
4 | Letter in the preceding year; | ||||||
5 | (iv) The number of Denial Letter Reviews which | ||||||
6 | resulted in a reversal and an Endorsement Letter being | ||||||
7 | issued in the preceding year; and | ||||||
8 | (v) The basis of each Denial Letter and the basis | ||||||
9 | of each reversal of the Denial Letter in a particular | ||||||
10 | case in the preceding year. | ||||||
11 | In the case of any foreign-born child brought to the United | ||||||
12 | States
for adoption in this State, the following preadoption | ||||||
13 | requirements shall be
met:
| ||||||
14 | (1) Documentation that the child is legally free for | ||||||
15 | adoption prior to
entry into the United States shall be | ||||||
16 | submitted.
| ||||||
17 | (2) A medical report on the child, by authorized | ||||||
18 | medical personnel in
the country of the child's origin, | ||||||
19 | shall be provided when such personnel are
available.
| ||||||
20 | (3) Verification that the adoptive family has been | ||||||
21 | licensed as a foster
family home pursuant to the Child Care | ||||||
22 | Act of 1969, as now or hereafter
amended, shall be | ||||||
23 | provided.
| ||||||
24 | (4) A valid home study conducted by a licensed child | ||||||
25 | welfare agency that
complies with guidelines established | ||||||
26 | by the United States Immigration and
Naturalization |
| |||||||
| |||||||
1 | Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | ||||||
2 | amended,
shall be submitted. A home study is considered | ||||||
3 | valid if it contains:
| ||||||
4 | (i) A factual evaluation of the financial, | ||||||
5 | physical, mental and moral
capabilities of the | ||||||
6 | prospective parent or parents to rear and educate the | ||||||
7 | child
properly.
| ||||||
8 | (ii) A detailed description of the living | ||||||
9 | accommodations where the
prospective parent or parents | ||||||
10 | currently reside.
| ||||||
11 | (iii) A detailed description of the living | ||||||
12 | accommodations in the United
States where the child | ||||||
13 | will reside, if known.
| ||||||
14 | (iv) A statement or attachment recommending the | ||||||
15 | proposed adoption signed
by an official of the child | ||||||
16 | welfare agency which has conducted the home study.
| ||||||
17 | (5) The placing agency located in a non-compact state | ||||||
18 | or a family
desiring to adopt through an authorized | ||||||
19 | placement party in a non-compact
state or a foreign country | ||||||
20 | shall file with the Department of Children and
Family | ||||||
21 | Services a bond with surety in the amount of $5,000 as | ||||||
22 | protection that a
foreign-born child accepted for care or | ||||||
23 | supervision not become a public charge
upon the State of | ||||||
24 | Illinois.
| ||||||
25 | (6) In lieu of the $5,000 bond, the placement agency | ||||||
26 | may sign a binding
agreement with the Department of |
| |||||||
| |||||||
1 | Children and Family Services to assume
full liability for | ||||||
2 | all placements should, for any reason, the adoption be
| ||||||
3 | disrupted or not be completed, including financial and | ||||||
4 | planning
responsibility until the child is either returned | ||||||
5 | to the country of its
origin or placed with a new adoptive | ||||||
6 | family in the United States and that
adoption is finalized.
| ||||||
7 | (7) Compliance with the requirements of the Interstate | ||||||
8 | Compact on the
Placement of Children, when applicable, | ||||||
9 | shall be demonstrated.
| ||||||
10 | (8) When a child is adopted in a foreign country and a | ||||||
11 | final, complete
and valid Order of Adoption is issued in | ||||||
12 | that country, as determined by
both the United States | ||||||
13 | Department of State and the United States Department
of | ||||||
14 | Justice, this State shall not impose
any additional | ||||||
15 | preadoption requirements. The adoptive family, however,
| ||||||
16 | must comply with applicable requirements of the United | ||||||
17 | States Department of
Immigration and Naturalization as | ||||||
18 | provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | ||||||
19 | amended.
| ||||||
20 | (d) (Blank). The Department of Children and Family Services | ||||||
21 | shall maintain the
office of Intercountry Adoption | ||||||
22 | Coordinator, shall maintain and protect the
rights of families | ||||||
23 | and children participating in adoption of foreign born
| ||||||
24 | children, and shall develop ongoing programs of support and | ||||||
25 | services to such
families and children. The Intercountry | ||||||
26 | Adoption Coordinator shall determine
that all preadoption |
| |||||||
| |||||||
1 | requirements have been met and report such information to
the | ||||||
2 | Department of Immigration and Naturalization.
| ||||||
3 | (Source: P.A. 94-586, eff. 8-15-05.)
| ||||||
4 | (750 ILCS 50/6) (from Ch. 40, par. 1508)
| ||||||
5 | Sec. 6. A. Investigation; all cases. Within 10 days after | ||||||
6 | the filing of
a petition for the adoption or standby adoption | ||||||
7 | of a child other than a related
child, the
court shall appoint | ||||||
8 | a child welfare agency approved by the Department of
Children | ||||||
9 | and Family Services, or a person deemed competent by the court, | ||||||
10 | or
in
Cook County the Court Services Division of the Cook | ||||||
11 | County Department of
Public Aid, or the Department of Children | ||||||
12 | and Family Services if the court
determines that no child | ||||||
13 | welfare agency is available or that the petitioner
is | ||||||
14 | financially unable to pay for the investigation, to investigate
| ||||||
15 | accurately, fully and promptly, the allegations contained in | ||||||
16 | the petition;
the character, reputation, health and general | ||||||
17 | standing in the community of
the petitioners; the religious | ||||||
18 | faith of the petitioners and, if
ascertainable, of the child | ||||||
19 | sought to be adopted; and whether the
petitioners are proper | ||||||
20 | persons to adopt the child and whether the child is
a proper | ||||||
21 | subject of adoption. The investigation required under this | ||||||
22 | Section
shall include a fingerprint based criminal background | ||||||
23 | check with a review
of fingerprints by the Illinois State | ||||||
24 | Police and Federal Bureau of
Investigation.
Each petitioner | ||||||
25 | subject to this investigation, shall submit his or her
|
| |||||||
| |||||||
1 | fingerprints to the
Department
of State Police in the form and | ||||||
2 | manner prescribed by the Department of State
Police. These | ||||||
3 | fingerprints shall be checked against the fingerprint records
| ||||||
4 | now and hereafter filed in the Department of State
Police and | ||||||
5 | Federal Bureau of Investigation criminal history records
| ||||||
6 | databases. The Department of State Police shall charge
a fee | ||||||
7 | for conducting the criminal history records check, which shall | ||||||
8 | be
deposited in the State Police Services Fund and shall not | ||||||
9 | exceed the actual
cost of the records check.
The criminal | ||||||
10 | background check required by
this Section shall include a | ||||||
11 | listing of when, where and by whom the criminal
background | ||||||
12 | check was prepared. The criminal background check required by | ||||||
13 | this
Section shall not be more than two years old.
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14 | Neither a clerk of the circuit court nor a judge may | ||||||
15 | require that a
criminal
background check or fingerprint review | ||||||
16 | be filed with, or at the same time as,
an initial petition for | ||||||
17 | adoption.
| ||||||
18 | B. Investigation; foreign-born child. In the case of a | ||||||
19 | child born
outside the United States or a territory thereof, in | ||||||
20 | addition to the
investigation required under subsection (A) of | ||||||
21 | this Section, a
post-placement investigation shall be | ||||||
22 | conducted in accordance with the
requirements of the Child Care | ||||||
23 | Act of 1969, the Interstate Compact on the
Placement of | ||||||
24 | Children, and the Intercountry Adoption Act of 2000 regulations | ||||||
25 | of the foreign placing agency and
the supervising agency .
| ||||||
26 | The requirements of a post-placement investigation shall |
| |||||||
| |||||||
1 | be deemed to
have been satisfied if a valid final order or | ||||||
2 | judgment of adoption has
been entered by a court of competent | ||||||
3 | jurisdiction in a country other than
the United States or a | ||||||
4 | territory thereof with respect to such child and
the | ||||||
5 | petitioners.
| ||||||
6 | C. Report of investigation. The court shall determine | ||||||
7 | whether the costs of
the investigation shall be charged to the | ||||||
8 | petitioners. The information obtained
as a result of such | ||||||
9 | investigation shall be presented to the court in a written
| ||||||
10 | report. The results of the criminal background check required | ||||||
11 | under subsection
(A) shall be provided to the court for its | ||||||
12 | review. The court may, in its
discretion, weigh the | ||||||
13 | significance of the results of the criminal background
check | ||||||
14 | against the entirety of the background of the petitioners. The | ||||||
15 | Court, in
its discretion, may accept the report of the | ||||||
16 | investigation previously made by a
licensed child welfare | ||||||
17 | agency, if made within one year prior to the entry of
the | ||||||
18 | judgment. Such report shall be treated as confidential and | ||||||
19 | withheld from
inspection unless findings adverse to the | ||||||
20 | petitioners or to the child sought to
be adopted are contained | ||||||
21 | therein, and in that event the court shall inform the
| ||||||
22 | petitioners of the relevant portions pertaining to the adverse | ||||||
23 | findings. In no
event shall any facts set forth in the report | ||||||
24 | be considered at the hearing of
the proceeding, unless | ||||||
25 | established by competent evidence. The report shall be
filed | ||||||
26 | with the record of the proceeding. If the file relating to the
|
| |||||||
| |||||||
1 | proceeding is not impounded, the report shall be impounded by | ||||||
2 | the clerk of the
court and shall be made available for | ||||||
3 | inspection only upon order of the court.
| ||||||
4 | D. Related adoption. Such investigation shall not be made | ||||||
5 | when the
petition seeks to adopt a related child or an adult | ||||||
6 | unless the court, in
its discretion, shall so order. In such an | ||||||
7 | event the court may appoint a
person deemed competent by the | ||||||
8 | court.
| ||||||
9 | (Source: P.A. 93-418, eff. 1-1-04.)".
|