Rep. Sara Feigenholtz

Filed: 4/17/2013

 

 


 

 


 
09800HB2809ham003LRB098 10935 HEP 44797 a

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,

 

 

09800HB2809ham003- 2 -LRB098 10935 HEP 44797 a

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.

 

 

09800HB2809ham003- 3 -LRB098 10935 HEP 44797 a

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).

 

 

09800HB2809ham003- 4 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 5 -LRB098 10935 HEP 44797 a

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).

 

 

09800HB2809ham003- 6 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 7 -LRB098 10935 HEP 44797 a

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.

 

 

09800HB2809ham003- 8 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 9 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 10 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 11 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 12 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 13 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 14 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 15 -LRB098 10935 HEP 44797 a

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" means is a staff
6person of the Department of Children and Family Services
7appointed by the Director to coordinate the provision of
8services related to an intercountry adoption. by the public and
9private sector to prospective parents of foreign-born
10children.
11    M. "Interstate Compact on the Placement of Children" is a
12law enacted by all most states and certain territories for the
13purpose of establishing uniform procedures for handling the
14interstate placement of children in foster homes, adoptive
15homes, or other child care facilities.
16    N. (Blank) "Non-Compact state" means a state that has not
17enacted the Interstate Compact on the Placement of Children.
18    O. "Preadoption requirements" means any conditions or
19standards established by the laws or administrative rules of
20this State are any conditions established by the laws or
21regulations of the Federal Government or of each state that
22must be met by a prospective adoptive parent prior to the
23placement of a child in an adoptive home.
24    P. "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

09800HB2809ham003- 16 -LRB098 10935 HEP 44797 a

1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon the child physical injury, by other than
4    accidental means, that causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    the child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against the child, as sex offenses are defined in the
14    Criminal Code of 2012 and extending those definitions of
15    sex offenses to include children under 18 years of age;
16        (d) commits or allows to be committed an act or acts of
17    torture upon the child; or
18        (e) inflicts excessive corporal punishment.
19    Q. "Neglected child" means any child whose parent or other
20person responsible for the child's welfare withholds or denies
21nourishment or medically indicated treatment including food or
22care denied solely on the basis of the present or anticipated
23mental or physical impairment as determined by a physician
24acting alone or in consultation with other physicians or
25otherwise does not provide the proper or necessary support,
26education as required by law, or medical or other remedial care

 

 

09800HB2809ham003- 17 -LRB098 10935 HEP 44797 a

1recognized under State law as necessary for a child's
2well-being, or other care necessary for his or her well-being,
3including adequate food, clothing and shelter; or who is
4abandoned by his or her parents or other person responsible for
5the child's welfare.
6    A child shall not be considered neglected or abused for the
7sole reason that the child's parent or other person responsible
8for his or her welfare depends upon spiritual means through
9prayer alone for the treatment or cure of disease or remedial
10care as provided under Section 4 of the Abused and Neglected
11Child Reporting Act. A child shall not be considered neglected
12or abused for the sole reason that the child's parent or other
13person responsible for the child's welfare failed to vaccinate,
14delayed vaccination, or refused vaccination for the child due
15to a waiver on religious or medical grounds as permitted by
16law.
17    R. "Putative father" means a man who may be a child's
18father, but who (1) is not married to the child's mother on or
19before the date that the child was or is to be born and (2) has
20not established paternity of the child in a court proceeding
21before the filing of a petition for the adoption of the child.
22The term includes a male who is less than 18 years of age.
23"Putative father" does not mean a man who is the child's father
24as a result of criminal sexual abuse or assault as defined
25under Article 11 of the Criminal Code of 2012.
26    S. "Standby adoption" means an adoption in which a parent

 

 

09800HB2809ham003- 18 -LRB098 10935 HEP 44797 a

1consents to custody and termination of parental rights to
2become effective upon the occurrence of a future event, which
3is either the death of the parent or the request of the parent
4for the entry of a final judgment of adoption.
5    T. (Blank).
6    U. "Interstate adoption" means the placement of a minor
7child with a prospective adoptive parent for the purpose of
8pursuing an adoption for that child that is subject to the
9provisions of the Interstate Compact on Placement of Children.
10    V. "Endorsement letter" means the letter issued by the
11Department of Children and Family Services to document that a
12prospective adoptive parent has met preadoption requirements
13and has been deemed suitable by the Department to adopt a child
14who is the subject of an intercountry adoption.
15    W. "Denial letter" means the letter issued by the
16Department of Children and Family Services to document that a
17prospective adoptive parent has not met preadoption
18requirements and has not been deemed suitable by the Department
19to adopt a child who is the subject of an intercountry
20adoption.
21(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
2297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
23    (750 ILCS 50/2.1)  (from Ch. 40, par. 1503)
24    Sec. 2.1. This Act shall be construed in concert with the
25Juvenile Court Act of 1987, the Child Care Act of 1969, and the

 

 

09800HB2809ham003- 19 -LRB098 10935 HEP 44797 a

1Interstate Compact on the Placement of Children, and the
2Intercountry Adoption Act of 2000.
3(Source: P.A. 85-1209.)
 
4    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
5    Sec. 4.1. Adoption between multiple jurisdictions.
6    (a) The Department of Children and Family Services shall
7promulgate rules regarding the approval and regulation of
8agencies providing, in this State, adoption services, as
9defined in Section 2.24 of the Child Care Act of 1969, which
10shall include, but not be limited to, a requirement that any
11agency shall be licensed in this State as a child welfare
12agency as defined in Section 2.08 of the Child Care Act of
131969. Any out-of-state agency, if not licensed in this State as
14a child welfare agency, must obtain the approval of the
15Department in order to act as a sending agency, as defined in
16Section 1 of the Interstate Compact on Placement of Children
17Act, seeking to place a child into this State through a
18placement subject to the Interstate Compact on the Placement of
19Children. An out-of-state agency, if not licensed in this State
20as a child welfare agency, is prohibited from providing in this
21State adoption services, as defined by Section 2.24 of the
22Child Care Act of 1969; shall comply with Section 12C-70 of the
23Criminal Code of 2012; and shall provide all of the following
24to the Department:
25        (1) A copy of the agency's current license or other

 

 

09800HB2809ham003- 20 -LRB098 10935 HEP 44797 a

1    form of authorization from the approving authority in the
2    agency's state. If no license or authorization is issued,
3    the agency must provide a reference statement, from the
4    approving authority, stating that the agency is authorized
5    to place children in foster care or adoption or both in its
6    jurisdiction.
7        (2) A description of the program, including home
8    studies, placements, and supervisions, that the child
9    placing agency conducts within its geographical area, and,
10    if applicable, adoptive placements and the finalization of
11    adoptions. The child placing agency must accept continued
12    responsibility for placement planning and replacement if
13    the placement fails.
14        (3) Notification to the Department of any significant
15    child placing agency changes after approval.
16        (4) Any other information the Department may require.
17Except for children placed with relatives by the Department of
18Children and Family Services pursuant to subsection (b) of
19Section 7 of the Children and Family Services Act, placements
20under this Act shall comply with the Child Care Act of 1969 and
21the Interstate Compact on the Placement of Children. Placements
22of children born outside the United States or a territory
23thereof shall comply with rules promulgated by the United
24States Department of Immigration and Naturalization.
25    Rules promulgated by the Department of Children and Family
26Services shall include but not be limited to the following:

 

 

09800HB2809ham003- 21 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 22 -LRB098 10935 HEP 44797 a

1    with respect to such child pursuant to this Act. The
2    Department of Children and Family Services may accept, in
3    lieu of such bond, a written agreement with such agency
4    which provides that such agency shall be liable for all
5    costs associated with the placement of such child in the
6    event a judgment of adoption is not entered, upon such
7    terms and conditions as the Department deems appropriate.
8    The rules shall also provide that any agency that places
9children for adoption in this State may not, in any policy or
10practice relating to the placement of children for adoption,
11discriminate against any child or prospective adoptive parent
12on the basis of race.
13    (a-5) (Blank). Out-of-state private placing agencies that
14seek to place children into Illinois for the purpose of foster
15care or adoption shall provide all of the following to the
16Department:
17        (i) A copy of the agency's current license or other
18    form of authorization from the approving authority in the
19    agency's state. If no such license or authorization is
20    issued, the agency must provide a reference statement from
21    the approving authority stating the agency is authorized to
22    place children in foster care or adoption or both in its
23    jurisdiction.
24        (ii) A description of the program, including home
25    studies, placements, and supervisions that the child
26    placing agency conducts within its geographical area, and,

 

 

09800HB2809ham003- 23 -LRB098 10935 HEP 44797 a

1    if applicable, adoptive placements and the finalization of
2    adoptions. The child placing agency must accept continued
3    responsibility for placement planning and replacement if
4    the placement fails.
5        (iii) Notification to the Department of any
6    significant child placing agency changes after approval.
7        (iv) Any other information the Department may require.
8    If the adoption is finalized prior to bringing or sending
9the child to Illinois, Department approval of the out-of-state
10child placing agency involved is not required under this
11Section, nor is compliance with the Interstate Compact on the
12Placement of Children.
13    (b) Interstate Adoptions.
14        (1) All interstate adoption placements under this Act
15    shall comply with the Child Care Act of 1969 and the
16    Interstate Compact on the Placement of Children. The
17    placement of children with relatives by the Department of
18    Children and Family Services shall also comply with
19    subsection (b) of Section 7 of the Children and Family
20    Services Act.
21        (2) If an adoption is finalized prior to bringing or
22    sending a child to this State, compliance with the
23    Interstate Compact on the Placement of Children is not
24    required.
25As an alternative to requiring the bond provided for in
26paragraph (a)(iv) of this Section, the Department of Children

 

 

09800HB2809ham003- 24 -LRB098 10935 HEP 44797 a

1and Family Services may require the filing of such a bond by
2the individual or individuals seeking to adopt such a child
3through placement of such child by a child placement agency
4located in a state which is not a party to the Interstate
5Compact on the Placement of Children.
6    (c) Intercountry Adoptions.
7        (1) The adoption of a child, if the child is a habitual
8    resident of a country other than the United States and the
9    petitioner is a habitual resident of the United States, or,
10    if the child is a habitual resident of the United States
11    and the petitioner is a habitual resident of a country
12    other than the United States, shall comply with the
13    Intercountry Adoption Act of 2000, as amended, and the
14    Immigration and Nationality Act, as amended.
15        (2) The Department of Children and Family Services
16    shall maintain the office of Intercountry Adoption
17    Coordinator in order to maintain and protect the rights of
18    prospective adoptive parents and children participating in
19    an intercountry adoption and shall develop ongoing
20    programs of support and services to such prospective
21    adoptive parents and children.
22        (3) In the case of an intercountry adoption of a child
23    by an Illinois resident, the Department shall promulgate
24    rules concerning preadoption requirements, which shall
25    include, but not be limited to, requirements relating to
26    home studies conducted by licensed child welfare agencies

 

 

09800HB2809ham003- 25 -LRB098 10935 HEP 44797 a

1    and requirements relating to supporting documentation
2    concerning the prospective adoptive parent's suitability
3    to adopt a child.
4        (4) The Intercountry Adoption Coordinator shall
5    determine whether all preadoption requirements have been
6    met by a prospective adoptive parent. The Intercountry
7    Adoption Coordinator shall also determine whether the
8    prospective adoptive parent is suitable as the adoptive
9    parent. In determining suitability to adopt, the
10    Intercountry Adoption coordinator shall give considerable
11    weight to the home study, but is not bound by it. Even if
12    the home study is favorable, the Intercountry Adoption
13    Coordinator must issue a denial letter if, on the basis of
14    all the information provided, the Intercountry Adoption
15    Coordinator finds, for a specific and articulable reason,
16    that the prospective adoptive parent has failed to
17    establish the he or she is suitable as the adoptive parent.
18        (5) The Intercountry Adoption Coordinator shall issue
19    an endorsement letter, indicating that all preadoption
20    requirements have been met, or a denial letter, indicating
21    the specific preadoption requirements that have not been
22    met, no later than 21 days from receipt of the home study
23    from the child welfare agency. If, upon receipt of the home
24    study, the Intercountry Adoption Coordinator determines
25    that more information is required before any determination
26    can be made with respect to compliance with the preadoption

 

 

09800HB2809ham003- 26 -LRB098 10935 HEP 44797 a

1    requirements, the Intercountry Adoption Coordinator shall,
2    within 7 days of receipt of the home study, provide notice
3    describing the additional information, via facsimile or
4    through electronic communication, to the licensed child
5    welfare agency and the adoptive parent. Within 21 days of
6    receipt of the additional information, the Intercountry
7    Adoption Coordinator shall provide the child welfare
8    agency with an endorsement letter or a denial letter. The
9    Intercountry Adoption Coordinator shall mail a copy of the
10    endorsement letter or denial letter to the prospective
11    adoptive parent at the same time that the Intercountry
12    Adoption Coordinator provides the letter to the child
13    welfare agency.
14        (6) If the Intercountry Adoption Coordinator issues a
15    denial letter, a prospective adoptive parent shall have the
16    right to a review. The Intercountry Adoption Coordinator
17    shall include in its denial letter notification advising
18    the prospective adoptive parent of the right to seek a
19    review, by the Director of the Department, of the
20    determination, if requested in writing within 30 days of
21    receipt of the denial letter. Failure to submit such a
22    request within 30 days waives the prospective parent's
23    right to a review.
24            (i) The review by the Director shall include, but
25        is not limited to, a review of documentation submitted
26        by the prospective adoptive parent and, if requested by

 

 

09800HB2809ham003- 27 -LRB098 10935 HEP 44797 a

1        the prospective adoptive parent, a telephone
2        conference or a mutually convenient in-person meeting
3        with the Director, or the Director's designated
4        representative, to allow the prospective adoptive
5        parent to present the facts and circumstances
6        supporting the request for the endorsement letter.
7            (ii) The Director shall issue a decision within 30
8        days of receipt of the request for review.
9            (iii) If the Director concurs with the original
10        denial letter of the Intercountry Adoption
11        Coordinator, the Director's decision shall be
12        considered a final decision and the prospective
13        adoptive parent shall have all rights and remedies to
14        which he or she is entitled under applicable law,
15        including a mandamus action under Article XIV of the
16        Code of Civil Procedure and an action under the federal
17        Civil Rights Act, 42 U.S.C. 1983.
18        (7) In the case of an intercountry adoption finalized
19    in another country, where a complete and valid Order of
20    Adoption is issued from that country to an Illinois
21    resident, as determined by the United States Department of
22    State, this State shall not impose any additional
23    preadoption requirements.
24        (8) The Department of Children and Family Services
25    shall provide a report to the General Assembly, on an
26    annual basis for the preceding year, beginning on September

 

 

09800HB2809ham003- 28 -LRB098 10935 HEP 44797 a

1    1 of each year after the effective date of this amendatory
2    Act of the 98th General Assembly. The report shall provide
3    non-identifying statistical data on the endorsement and
4    denial letters and the requests for review of denial
5    letters and shall contain, but not limited to, the
6    following:
7            (i) the number of endorsement letters issued by the
8        Intercountry Adoption Coordinator;
9            (ii) the number of denial letters issued by the
10        Intercountry Adoption Coordinator;
11            (iii) the number of requests for review of denial
12        letters;
13            (iv) the number of denial letter reviews which
14        resulted in a reversal by the Director and an
15        endorsement letter being issued; and
16            (v) the basis of each denial letter and the basis
17        of each reversal of the denial letter in a particular
18        case.
19In the case of any foreign-born child brought to the United
20States for adoption in this State, the following preadoption
21requirements shall be met:
22        (1) Documentation that the child is legally free for
23    adoption prior to entry into the United States shall be
24    submitted.
25        (2) A medical report on the child, by authorized
26    medical personnel in the country of the child's origin,

 

 

09800HB2809ham003- 29 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 30 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 31 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 32 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 33 -LRB098 10935 HEP 44797 a

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

 

 

09800HB2809ham003- 34 -LRB098 10935 HEP 44797 a

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