Rep. Sara Feigenholtz

Filed: 4/11/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2809

2    AMENDMENT NO. ______. Amend House Bill 2809, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Adoption Act is amended by changing
6Sections 1, 2.1, 4.1, and 6 as follows:
 
7    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
8    Sec. 1. Definitions. When used in this Act, unless the
9context otherwise requires:
10    A. "Child" means a person under legal age subject to
11adoption under this Act.
12    B. "Related child" means a child subject to adoption where
13either or both of the adopting parents stands in any of the
14following relationships to the child by blood or marriage:
15parent, grand-parent, brother, sister, step-parent,
16step-grandparent, step-brother, step-sister, uncle, aunt,

 

 

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1great-uncle, great-aunt, or cousin of first degree. A child
2whose parent has executed a final irrevocable consent to
3adoption or a final irrevocable surrender for purposes of
4adoption, or whose parent has had his or her parental rights
5terminated, is not a related child to that person, unless the
6consent is determined to be void or is void pursuant to
7subsection O of Section 10.
8    C. "Agency" for the purpose of this Act means a public
9child welfare agency or a licensed child welfare agency.
10    D. "Unfit person" means any person whom the court shall
11find to be unfit to have a child, without regard to the
12likelihood that the child will be placed for adoption. The
13grounds of unfitness are any one or more of the following,
14except that a person shall not be considered an unfit person
15for the sole reason that the person has relinquished a child in
16accordance with the Abandoned Newborn Infant Protection Act:
17        (a) Abandonment of the child.
18        (a-1) Abandonment of a newborn infant in a hospital.
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.
22        (b) Failure to maintain a reasonable degree of
23    interest, concern or responsibility as to the child's
24    welfare.
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.
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.
6        (e) Extreme or repeated cruelty to the child.
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:
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
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.
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.
12        (i) Depravity. Conviction of any one of the following
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)
21    first degree murder or second degree murder of any child in
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)
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)
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.
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
14    United States territory; and at least one of these
15    convictions took place within 5 years of the filing of the
16    petition or motion seeking termination of parental rights.
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.
2        (j-1) (Blank).
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.
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
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
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.
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.
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.
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
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.
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
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
9    available where the petition is brought by the mother or
10    the husband of the mother.
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
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).
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
5    preponderance of the evidence.
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.
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
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.
23        (q) (Blank).
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
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.
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
7the parties or child born out of wedlock. For the purpose of
8this Act, a person who has executed a final and irrevocable
9consent to adoption or a final and irrevocable surrender for
10purposes of adoption, or whose parental rights have been
11terminated by a court, is not a parent of the child who was the
12subject of the consent or surrender, unless the consent is void
13pursuant to subsection O of Section 10.
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.
4    A person who would otherwise be available for adoption
5shall not be deemed unavailable for adoption solely by reason
6of his or her death.
7    G. The singular includes the plural and the plural includes
8the singular and the "male" includes the "female", as the
9context of this Act may require.
10    H. "Adoption disruption" occurs when an adoptive placement
11does not prove successful and it becomes necessary for the
12child to be removed from placement before the adoption is
13finalized.
14    I. "Habitual residence" has the meaning ascribed to it in
15the federal Intercountry Adoption Act of 2000 and regulations
16promulgated thereunder. "Foreign placing agency" is an agency
17or individual operating in a country or territory outside the
18United States that is authorized by its country to place
19children for adoption either directly with families in the
20United States or through United States based international
21agencies.
22    J. "Immediate relatives" means the biological parents, the
23parents of the biological parents and siblings of the
24biological parents.
25    K. "Intercountry adoption" is a process by which a child
26from a country other than the United States is adopted by

 

 

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1persons who are habitual residents of the United States, or the
2child is a habitual resident of the United States who is
3adopted by persons who are habitual residents of a country
4other than the United States.
5    L. "Intercountry Adoption Coordinator" is a staff person of
6the Department of Children and Family Services appointed by the
7Director to coordinate the provision of services by the public
8and private sector to prospective parents of foreign-born
9children.
10    M. "Interstate Compact on the Placement of Children" is a
11law enacted by most states for the purpose of establishing
12uniform procedures for handling the interstate placement of
13children in foster homes, adoptive homes, or other child care
14facilities.
15    N. "Non-Compact state" means a state that has not enacted
16the Interstate Compact on the Placement of Children.
17    O. "Preadoption requirements" are any conditions
18established by the laws or regulations of the Federal
19Government or of each state that must be met prior to the
20placement of a child in an adoptive home.
21    P. "Abused child" means a child whose parent or immediate
22family member, or any person responsible for the child's
23welfare, or any individual residing in the same home as the
24child, 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
17person responsible for the child's welfare withholds or denies
18nourishment or medically indicated treatment including food or
19care denied solely on the basis of the present or anticipated
20mental or physical impairment as determined by a physician
21acting alone or in consultation with other physicians or
22otherwise does not provide the proper or necessary support,
23education as required by law, or medical or other remedial care
24recognized under State law as necessary for a child's
25well-being, or other care necessary for his or her well-being,
26including adequate food, clothing and shelter; or who is

 

 

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1abandoned by his or her parents or other person responsible for
2the child's welfare.
3    A child shall not be considered neglected or abused for the
4sole reason that the child's parent or other person responsible
5for his or her welfare depends upon spiritual means through
6prayer alone for the treatment or cure of disease or remedial
7care as provided under Section 4 of the Abused and Neglected
8Child Reporting Act. A child shall not be considered neglected
9or abused for the sole reason that the child's parent or other
10person responsible for the child's welfare failed to vaccinate,
11delayed vaccination, or refused vaccination for the child due
12to a waiver on religious or medical grounds as permitted by
13law.
14    R. "Putative father" means a man who may be a child's
15father, but who (1) is not married to the child's mother on or
16before the date that the child was or is to be born and (2) has
17not established paternity of the child in a court proceeding
18before the filing of a petition for the adoption of the child.
19The 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
21as a result of criminal sexual abuse or assault as defined
22under Article 11 of the Criminal Code of 2012.
23    S. "Standby adoption" means an adoption in which a parent
24consents to custody and termination of parental rights to
25become effective upon the occurrence of a future event, which
26is either the death of the parent or the request of the parent

 

 

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1for the entry of a final judgment of adoption.
2    T. (Blank).
3    U. "Interstate adoption" means the placement of a minor
4child with a prospective adoptive parent for the purpose of
5pursuing an adoption for that child that is subject to the
6provisions of the Interstate Compact on Placement of Children
7Act.
8    V. "Endorsement Letter" means the official notification
9from the Department of Children and Family Services to the
10prospective adoptive parent that all State preadoption
11requirements have been met.
12    W. "Denial Letter" means the official notification from the
13Department of Children and Family Services to the prospective
14parent that all State preadoption requirements have not been
15met and which contains the particular reason the prospective
16adoptive parent has not been approved to adopt.
17(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
1897-1109, 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
21Juvenile Court Act of 1987, the Child Care Act of 1969, and the
22Interstate Compact on the Placement of Children, and the
23Intercountry Adoption Act of 2000.
24(Source: P.A. 85-1209.)
 

 

 

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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
4promulgate rules regarding the approval and regulation of
5agencies providing adoption services in this State, as defined
6in Section 2.24 of the Child Care Act of 1969, which shall
7include but not be limited to a requirement that any such
8agency shall be licensed in this State as a child welfare
9agency as defined in Section 2.08 of the Child Care Act of 1969
10or, if not licensed in this State as a child welfare agency,
11shall be approved by the Department to place children into
12Illinois for the purpose of adoption and shall provide all of
13the 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

 

 

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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.
5Except for children placed with relatives by the Department of
6Children and Family Services pursuant to subsection (b) of
7Section 7 of the Children and Family Services Act, placements
8under this Act shall comply with the Child Care Act of 1969 and
9the Interstate Compact on the Placement of Children. Placements
10of children born outside the United States or a territory
11thereof shall comply with rules promulgated by the United
12States Department of Immigration and Naturalization.
13    Rules promulgated by the Department of Children and Family
14Services shall include but not be limited to the following:
15    (a) Any agency providing adoption services as defined in
16Section 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

 

 

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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
23children for adoption in this State may not, in any policy or
24practice relating to the placement of children for adoption,
25discriminate against any child or prospective adoptive parent
26on the basis of race.

 

 

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1    (a-5) (Blank). Out-of-state private placing agencies that
2seek to place children into Illinois for the purpose of foster
3care or adoption shall provide all of the following to the
4Department:
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
23the child to Illinois, Department approval of the out-of-state
24child placing agency involved is not required under this
25Section, nor is compliance with the Interstate Compact on the
26Placement of Children.

 

 

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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.
11As an alternative to requiring the bond provided for in
12paragraph (a)(iv) of this Section, the Department of Children
13and Family Services may require the filing of such a bond by
14the individual or individuals seeking to adopt such a child
15through placement of such child by a child placement agency
16located in a state which is not a party to the Interstate
17Compact 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.

 

 

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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

 

 

09800HB2809ham002- 25 -LRB098 10935 HEP 44367 a

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

 

 

09800HB2809ham002- 26 -LRB098 10935 HEP 44367 a

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

 

 

09800HB2809ham002- 27 -LRB098 10935 HEP 44367 a

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

 

 

09800HB2809ham002- 28 -LRB098 10935 HEP 44367 a

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.
11In the case of any foreign-born child brought to the United
12States for adoption in this State, the following preadoption
13requirements 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

 

 

09800HB2809ham002- 29 -LRB098 10935 HEP 44367 a

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

 

 

09800HB2809ham002- 30 -LRB098 10935 HEP 44367 a

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
21shall maintain the office of Intercountry Adoption
22Coordinator, shall maintain and protect the rights of families
23and children participating in adoption of foreign born
24children, and shall develop ongoing programs of support and
25services to such families and children. The Intercountry
26Adoption Coordinator shall determine that all preadoption

 

 

09800HB2809ham002- 31 -LRB098 10935 HEP 44367 a

1requirements have been met and report such information to the
2Department 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
6the filing of a petition for the adoption or standby adoption
7of a child other than a related child, the court shall appoint
8a child welfare agency approved by the Department of Children
9and Family Services, or a person deemed competent by the court,
10or in Cook County the Court Services Division of the Cook
11County Department of Public Aid, or the Department of Children
12and Family Services if the court determines that no child
13welfare agency is available or that the petitioner is
14financially unable to pay for the investigation, to investigate
15accurately, fully and promptly, the allegations contained in
16the petition; the character, reputation, health and general
17standing in the community of the petitioners; the religious
18faith of the petitioners and, if ascertainable, of the child
19sought to be adopted; and whether the petitioners are proper
20persons to adopt the child and whether the child is a proper
21subject of adoption. The investigation required under this
22Section shall include a fingerprint based criminal background
23check with a review of fingerprints by the Illinois State
24Police and Federal Bureau of Investigation. Each petitioner
25subject to this investigation, shall submit his or her

 

 

09800HB2809ham002- 32 -LRB098 10935 HEP 44367 a

1fingerprints to the Department of State Police in the form and
2manner prescribed by the Department of State Police. These
3fingerprints shall be checked against the fingerprint records
4now and hereafter filed in the Department of State Police and
5Federal Bureau of Investigation criminal history records
6databases. The Department of State Police shall charge a fee
7for conducting the criminal history records check, which shall
8be deposited in the State Police Services Fund and shall not
9exceed the actual cost of the records check. The criminal
10background check required by this Section shall include a
11listing of when, where and by whom the criminal background
12check was prepared. The criminal background check required by
13this Section shall not be more than two years old.
14    Neither a clerk of the circuit court nor a judge may
15require that a criminal background check or fingerprint review
16be filed with, or at the same time as, an initial petition for
17adoption.
18    B. Investigation; foreign-born child. In the case of a
19child born outside the United States or a territory thereof, in
20addition to the investigation required under subsection (A) of
21this Section, a post-placement investigation shall be
22conducted in accordance with the requirements of the Child Care
23Act of 1969, the Interstate Compact on the Placement of
24Children, and the Intercountry Adoption Act of 2000 regulations
25of the foreign placing agency and the supervising agency.
26    The requirements of a post-placement investigation shall

 

 

09800HB2809ham002- 33 -LRB098 10935 HEP 44367 a

1be deemed to have been satisfied if a valid final order or
2judgment of adoption has been entered by a court of competent
3jurisdiction in a country other than the United States or a
4territory thereof with respect to such child and the
5petitioners.
6    C. Report of investigation. The court shall determine
7whether the costs of the investigation shall be charged to the
8petitioners. The information obtained as a result of such
9investigation shall be presented to the court in a written
10report. The results of the criminal background check required
11under subsection (A) shall be provided to the court for its
12review. The court may, in its discretion, weigh the
13significance of the results of the criminal background check
14against the entirety of the background of the petitioners. The
15Court, in its discretion, may accept the report of the
16investigation previously made by a licensed child welfare
17agency, if made within one year prior to the entry of the
18judgment. Such report shall be treated as confidential and
19withheld from inspection unless findings adverse to the
20petitioners or to the child sought to be adopted are contained
21therein, and in that event the court shall inform the
22petitioners of the relevant portions pertaining to the adverse
23findings. In no event shall any facts set forth in the report
24be considered at the hearing of the proceeding, unless
25established by competent evidence. The report shall be filed
26with the record of the proceeding. If the file relating to the

 

 

09800HB2809ham002- 34 -LRB098 10935 HEP 44367 a

1proceeding is not impounded, the report shall be impounded by
2the clerk of the court and shall be made available for
3inspection only upon order of the court.
4    D. Related adoption. Such investigation shall not be made
5when the petition seeks to adopt a related child or an adult
6unless the court, in its discretion, shall so order. In such an
7event the court may appoint a person deemed competent by the
8court.
9(Source: P.A. 93-418, eff. 1-1-04.)".