Rep. Keith P. Sommer

Filed: 3/18/2015

 

 


 

 


 
09900HB3079ham001LRB099 08115 HEP 32901 a

1
AMENDMENT TO HOUSE BILL 3079

2    AMENDMENT NO. ______. Amend House Bill 3079 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Child Care Act of 1969 is amended by adding
5Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows:
 
6    (225 ILCS 10/2.30 new)
7    Sec. 2.30. Placement disruption. "Placement disruption"
8means a circumstance where the child is removed from an
9adoptive placement before the adoption is finalized.
 
10    (225 ILCS 10/2.31 new)
11    Sec. 2.31. Secondary placement. "Secondary placement"
12means a placement, including but not limited to the placement
13of a ward of the Department, that occurs after a placement
14disruption or adoption dissolution. "Secondary placement" does
15not mean secondary placements arising due to the death of the

 

 

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1adoptive parent of the child.
 
2    (225 ILCS 10/2.32 new)
3    Sec. 2.32. Adoption dissolution. "Adoption dissolution"
4means a circumstance where the child is removed from an
5adoptive placement after the adoption is finalized.
 
6    (225 ILCS 10/2.33 new)
7    Sec. 2.33. Unregulated placement. "Unregulated placement"
8means the secondary placement of a child that occurs without
9the oversight of the courts, the Department, or a licensed
10child welfare agency.
 
11    (225 ILCS 10/2.34 new)
12    Sec. 2.34. Post-placement and post-adoption support
13services. "Post-placement and post-adoption support services"
14means support services for placed or adopted children and
15families that include, but are not limited to, counseling for
16emotional, behavioral, or developmental needs.
 
17    Section 10. The Adoption Act is amended by changing
18Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as
19follows:
 
20    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
21    Sec. 1. Definitions. When used in this Act, unless the

 

 

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1context otherwise requires:
2    A. "Child" means a person under legal age subject to
3adoption under this Act.
4    B. "Related child" means a child subject to adoption where
5either or both of the adopting parents stands in any of the
6following relationships to the child by blood, marriage,
7adoption, or civil union: parent, grand-parent,
8great-grandparent, brother, sister, step-parent,
9step-grandparent, step-brother, step-sister, uncle, aunt,
10great-uncle, great-aunt, first cousin, or second cousin. A
11person is related to the child as a first cousin or second
12cousin if they are both related to the same ancestor as either
13grandchild or great-grandchild. A child whose parent has
14executed a consent to adoption, a surrender, or a waiver
15pursuant to Section 10 of this Act or whose parent has signed a
16denial of paternity pursuant to Section 12 of the Vital Records
17Act or Section 12a of this Act, or whose parent has had his or
18her parental rights terminated, is not a related child to that
19person, unless (1) the consent is determined to be void or is
20void pursuant to subsection O of Section 10 of this Act; or (2)
21the parent of the child executed a consent to adoption by a
22specified person or persons pursuant to subsection A-1 of
23Section 10 of this Act and a court of competent jurisdiction
24finds that such consent is void; or (3) the order terminating
25the parental rights of the parent is vacated by a court of
26competent jurisdiction.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Section 2-4 of that Act. If a service plan has been
2    established as required under Section 8.2 of the Abused and
3    Neglected Child Reporting Act to correct the conditions
4    that were the basis for the removal of the child from the
5    parent and if those services were available, then, for
6    purposes of this Act, "failure to make reasonable progress
7    toward the return of the child to the parent" includes the
8    parent's failure to substantially fulfill his or her
9    obligations under the service plan and correct the
10    conditions that brought the child into care during any
11    9-month period following the adjudication under Section
12    2-3 or 2-4 of the Juvenile Court Act of 1987.
13    Notwithstanding any other provision, when a petition or
14    motion seeks to terminate parental rights on the basis of
15    item (ii) of this subsection (m), the petitioner shall file
16    with the court and serve on the parties a pleading that
17    specifies the 9-month period or periods relied on. The
18    pleading shall be filed and served on the parties no later
19    than 3 weeks before the date set by the court for closure
20    of discovery, and the allegations in the pleading shall be
21    treated as incorporated into the petition or motion.
22    Failure of a respondent to file a written denial of the
23    allegations in the pleading shall not be treated as an
24    admission that the allegations are true.
25        (m-1) Pursuant to the Juvenile Court Act of 1987, a
26    child has been in foster care for 15 months out of any 22

 

 

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

 

 

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

 

 

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1    contrary, the ability to visit, communicate, maintain
2    contact, pay expenses and plan for the future shall be
3    presumed. The subjective intent of the parent, whether
4    expressed or otherwise, unsupported by evidence of the
5    foregoing parental acts manifesting that intent, shall not
6    preclude a determination that the parent has intended to
7    forgo his or her parental rights. In making this
8    determination, the court may consider but shall not require
9    a showing of diligent efforts by an authorized agency to
10    encourage the parent to perform the acts specified in
11    subdivision (n).
12        It shall be an affirmative defense to any allegation
13    under paragraph (2) of this subsection that the father's
14    failure was due to circumstances beyond his control or to
15    impediments created by the mother or any other person
16    having legal custody. Proof of that fact need only be by a
17    preponderance of the evidence.
18        (o) Repeated or continuous failure by the parents,
19    although physically and financially able, to provide the
20    child with adequate food, clothing, or shelter.
21        (p) Inability to discharge parental responsibilities
22    supported by competent evidence from a psychiatrist,
23    licensed clinical social worker, or clinical psychologist
24    of mental impairment, mental illness or an intellectual
25    disability as defined in Section 1-116 of the Mental Health
26    and Developmental Disabilities Code, or developmental

 

 

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

 

 

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1    incarceration has prevented the parent from discharging
2    his or her parental responsibilities for the child.
3        (t) A finding that at birth the child's blood, urine,
4    or meconium contained any amount of a controlled substance
5    as defined in subsection (f) of Section 102 of the Illinois
6    Controlled Substances Act, or a metabolite of a controlled
7    substance, with the exception of controlled substances or
8    metabolites of such substances, the presence of which in
9    the newborn infant was the result of medical treatment
10    administered to the mother or the newborn infant, and that
11    the biological mother of this child is the biological
12    mother of at least one other child who was adjudicated a
13    neglected minor under subsection (c) of Section 2-3 of the
14    Juvenile Court Act of 1987, after which the biological
15    mother had the opportunity to enroll in and participate in
16    a clinically appropriate substance abuse counseling,
17    treatment, and rehabilitation program.
18    E. "Parent" means a person who is the legal mother or legal
19father of the child as defined in subsection X or Y of this
20Section. For the purpose of this Act, a parent who has executed
21a consent to adoption, a surrender, or a waiver pursuant to
22Section 10 of this Act, who has signed a Denial of Paternity
23pursuant to Section 12 of the Vital Records Act or Section 12a
24of this Act, or whose parental rights have been terminated by a
25court, is not a parent of the child who was the subject of the
26consent, surrender, waiver, or denial unless (1) the consent is

 

 

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

 

 

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1the singular and the "male" includes the "female", as the
2context of this Act may require.
3    H. (Blank). "Adoption disruption" occurs when an adoptive
4placement does not prove successful and it becomes necessary
5for the child to be removed from placement before the adoption
6is finalized.
7    I. "Habitual residence" has the meaning ascribed to it in
8the federal Intercountry Adoption Act of 2000 and regulations
9promulgated thereunder.
10    J. "Immediate relatives" means the biological parents, the
11parents of the biological parents and siblings of the
12biological parents.
13    K. "Intercountry adoption" is a process by which a child
14from a country other than the United States is adopted by
15persons who are habitual residents of the United States, or the
16child is a habitual resident of the United States who is
17adopted by persons who are habitual residents of a country
18other than the United States.
19    L. (Blank). "Intercountry Adoption Coordinator" means a
20staff person of the Department of Children and Family Services
21appointed by the Director to coordinate the provision of
22services related to an intercountry adoption.
23    M. "Interstate Compact on the Placement of Children" is a
24law enacted by all states and certain territories for the
25purpose of establishing uniform procedures for handling the
26interstate placement of children in foster homes, adoptive

 

 

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1homes, or other child care facilities.
2    N. (Blank).
3    O. "Preadoption requirements" means any conditions or
4standards established by the laws or administrative rules of
5this State that must be met by a prospective adoptive parent
6prior to the placement of a child in an adoptive home.
7    P. "Abused child" means a child whose parent or immediate
8family member, or any person responsible for the child's
9welfare, or any individual residing in the same home as the
10child, or a paramour of the child's parent:
11        (a) inflicts, causes to be inflicted, or allows to be
12    inflicted upon the child physical injury, by other than
13    accidental means, that causes death, disfigurement,
14    impairment of physical or emotional health, or loss or
15    impairment of any bodily function;
16        (b) creates a substantial risk of physical injury to
17    the child by other than accidental means which would be
18    likely to cause death, disfigurement, impairment of
19    physical or emotional health, or loss or impairment of any
20    bodily function;
21        (c) commits or allows to be committed any sex offense
22    against the child, as sex offenses are defined in the
23    Criminal Code of 2012 and extending those definitions of
24    sex offenses to include children under 18 years of age;
25        (d) commits or allows to be committed an act or acts of
26    torture upon the child; or

 

 

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1        (e) inflicts excessive corporal punishment.
2    Q. "Neglected child" means any child whose parent or other
3person responsible for the child's welfare withholds or denies
4nourishment or medically indicated treatment including food or
5care denied solely on the basis of the present or anticipated
6mental or physical impairment as determined by a physician
7acting alone or in consultation with other physicians or
8otherwise does not provide the proper or necessary support,
9education as required by law, or medical or other remedial care
10recognized under State law as necessary for a child's
11well-being, or other care necessary for his or her well-being,
12including adequate food, clothing and shelter; or who is
13abandoned by his or her parents or other person responsible for
14the child's welfare.
15    A child shall not be considered neglected or abused for the
16sole reason that the child's parent or other person responsible
17for his or her welfare depends upon spiritual means through
18prayer alone for the treatment or cure of disease or remedial
19care as provided under Section 4 of the Abused and Neglected
20Child Reporting Act. A child shall not be considered neglected
21or abused for the sole reason that the child's parent or other
22person responsible for the child's welfare failed to vaccinate,
23delayed vaccination, or refused vaccination for the child due
24to a waiver on religious or medical grounds as permitted by
25law.
26    R. "Putative father" means a man who may be a child's

 

 

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1father, but who (1) is not married to the child's mother on or
2before the date that the child was or is to be born and (2) has
3not established paternity of the child in a court proceeding
4before the filing of a petition for the adoption of the child.
5The term includes a male who is less than 18 years of age.
6"Putative father" does not mean a man who is the child's father
7as a result of criminal sexual abuse or assault as defined
8under Article 11 of the Criminal Code of 2012.
9    S. "Standby adoption" means an adoption in which a parent
10consents to custody and termination of parental rights to
11become effective upon the occurrence of a future event, which
12is either the death of the parent or the request of the parent
13for the entry of a final judgment of adoption.
14    T. (Blank).
15    T-5. "Biological parent", "birth parent", or "natural
16parent" of a child are interchangeable terms that mean a person
17who is biologically or genetically related to that child as a
18parent.
19    U. "Interstate adoption" means the placement of a minor
20child with a prospective adoptive parent for the purpose of
21pursuing an adoption for that child that is subject to the
22provisions of the Interstate Compact on Placement of Children.
23    V. (Blank). "Endorsement letter" means the letter issued by
24the Department of Children and Family Services to document that
25a prospective adoptive parent has met preadoption requirements
26and has been deemed suitable by the Department to adopt a child

 

 

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1who is the subject of an intercountry adoption.
2    W. (Blank). "Denial letter" means the letter issued by the
3Department of Children and Family Services to document that a
4prospective adoptive parent has not met preadoption
5requirements and has not been deemed suitable by the Department
6to adopt a child who is the subject of an intercountry
7adoption.
8    X. "Legal father" of a child means a man who is recognized
9as or presumed to be that child's father:
10        (1) because of his marriage to or civil union with the
11    child's parent at the time of the child's birth or within
12    300 days prior to that child's birth, unless he signed a
13    denial of paternity pursuant to Section 12 of the Vital
14    Records Act or a waiver pursuant to Section 10 of this Act;
15    or
16        (2) because his paternity of the child has been
17    established pursuant to the Illinois Parentage Act, the
18    Illinois Parentage Act of 1984, or the Gestational
19    Surrogacy Act; or
20        (3) because he is listed as the child's father or
21    parent on the child's birth certificate, unless he is
22    otherwise determined by an administrative or judicial
23    proceeding not to be the parent of the child or unless he
24    rescinds his acknowledgment of paternity pursuant to the
25    Illinois Parentage Act of 1984; or
26        (4) because his paternity or adoption of the child has

 

 

09900HB3079ham001- 21 -LRB099 08115 HEP 32901 a

1    been established by a court of competent jurisdiction.
2    The definition in this subsection X shall not be construed
3to provide greater or lesser rights as to the number of parents
4who can be named on a final judgment order of adoption or
5Illinois birth certificate that otherwise exist under Illinois
6law.
7    Y. "Legal mother" of a child means a woman who is
8recognized as or presumed to be that child's mother:
9        (1) because she gave birth to the child except as
10    provided in the Gestational Surrogacy Act; or
11        (2) because her maternity of the child has been
12    established pursuant to the Illinois Parentage Act of 1984
13    or the Gestational Surrogacy Act; or
14        (3) because her maternity or adoption of the child has
15    been established by a court of competent jurisdiction; or
16        (4) because of her marriage to or civil union with the
17    child's other parent at the time of the child's birth or
18    within 300 days prior to the time of birth; or
19        (5) because she is listed as the child's mother or
20    parent on the child's birth certificate unless she is
21    otherwise determined by an administrative or judicial
22    proceeding not to be the parent of the child.
23    The definition in this subsection Y shall not be construed
24to provide greater or lesser rights as to the number of parents
25who can be named on a final judgment order of adoption or
26Illinois birth certificate that otherwise exist under Illinois

 

 

09900HB3079ham001- 22 -LRB099 08115 HEP 32901 a

1law.
2    Z. "Department" means the Illinois Department of Children
3and Family Services.
4    AA. "Placement disruption" means a circumstance where the
5child is removed from an adoptive placement before the adoption
6is finalized.
7    BB. "Secondary placement" means a placement, including but
8not limited to the placement of a ward of the Department, that
9occurs after a placement disruption or an adoption dissolution.
10"Secondary placement" does not mean secondary placements
11arising due to the death of the adoptive parent of the child.
12    CC. "Adoption dissolution" means a circumstance where the
13child is removed from an adoptive placement after the adoption
14is finalized.
15    DD. "Unregulated placement" means the secondary placement
16of a child that occurs without the oversight of the courts, the
17Department, or a licensed child welfare agency.
18    EE. "Post-placement and post-adoption support services"
19means support services for placed or adopted children and
20families that include, but are not limited to, counseling for
21emotional, behavioral, or developmental needs.
22(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
2397-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
241-1-14; 98-804, eff. 1-1-15.)
 
25    (750 ILCS 50/2)  (from Ch. 40, par. 1502)

 

 

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1    Sec. 2. Who may adopt a child.
2    A. Any of the following persons, who is under no legal
3disability (except the minority specified in sub-paragraph
4(b)) and who has resided in the State of Illinois continuously
5for a period of at least 6 months immediately preceding the
6commencement of an adoption proceeding, or any member of the
7armed forces of the United States who has been domiciled in the
8State of Illinois for 90 days, may institute such proceeding:
9        (a) A reputable person of legal age and of either sex,
10    provided that if such person is married or in a civil union
11    and has not been living separate and apart from his or her
12    spouse or civil union partner for 12 months or longer, his
13    or her spouse or civil union partner shall be a party to
14    the adoption proceeding, including a spouse or civil union
15    partner husband or wife desiring to adopt a child of the
16    other spouse or civil union partner, in all of which cases
17    the adoption shall be by both spouses or civil union
18    partners jointly;
19        (b) A minor, by leave of court upon good cause shown.
20    Notwithstanding sub-paragraph (a) of this subsection, a
21spouse or civil union partner is not required to join in a
22petition for adoption to re-adopt a child after an intercountry
23adoption if the spouse or civil union partner did not
24previously adopt the child as set forth in subsections (c) and
25(e) of Section 4.1 of this Act.
26    B. The residence requirement specified in paragraph A of

 

 

09900HB3079ham001- 24 -LRB099 08115 HEP 32901 a

1this Section shall not apply to:
2        (a) an adoption of a related child or child previously
3    adopted in a foreign country by the petitioner; or
4        (b) an adoption of a child placed by an agency.
5(Source: P.A. 98-804, eff. 1-1-15.)
 
6    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
7    Sec. 4.1. Adoption between multiple jurisdictions.
8    (a) The Department of Children and Family Services shall
9promulgate rules regarding the approval and regulation of
10agencies providing, in this State, adoption services, as
11defined in Section 2.24 of the Child Care Act of 1969, which
12shall include, but not be limited to, a requirement that any
13agency shall be licensed in this State as a child welfare
14agency as defined in Section 2.08 of the Child Care Act of
151969. Any out-of-state agency, if not licensed in this State as
16a child welfare agency, must obtain the approval of the
17Department in order to act as a sending agency, as defined in
18Section 1 of the Interstate Compact on Placement of Children
19Act, seeking to place a child into this State through a
20placement subject to the Interstate Compact on the Placement of
21Children. An out-of-state agency, if not licensed in this State
22as a child welfare agency, is prohibited from providing in this
23State adoption services, as defined by Section 2.24 of the
24Child Care Act of 1969; shall comply with Section 12C-70 of the
25Criminal Code of 2012; and shall provide all of the following

 

 

09900HB3079ham001- 25 -LRB099 08115 HEP 32901 a

1to the Department:
2        (1) A copy of the agency's current license or other
3    form of authorization from the approving authority in the
4    agency's state. If no license or authorization is issued,
5    the agency must provide a reference statement, from the
6    approving authority, stating that the agency is authorized
7    to place children in foster care or adoption or both in its
8    jurisdiction.
9        (2) A description of the program, including home
10    studies, placements, and supervisions, that the child
11    placing agency conducts within its geographical area, and,
12    if applicable, adoptive placements and the finalization of
13    adoptions. The child placing agency must accept continued
14    responsibility for placement planning and replacement if
15    the placement fails.
16        (3) Notification to the Department of any significant
17    child placing agency changes after approval.
18        (4) Any other information the Department may require.
19    The rules shall also provide that any agency that places
20children for adoption in this State may not, in any policy or
21practice relating to the placement of children for adoption,
22discriminate against any child or prospective adoptive parent
23on the basis of race.
24    (a-5) (Blank).
25    (b) Interstate Adoptions.
26        (1) All interstate adoption placements under this Act

 

 

09900HB3079ham001- 26 -LRB099 08115 HEP 32901 a

1    shall comply with the Child Care Act of 1969 and the
2    Interstate Compact on the Placement of Children. The
3    placement of children with relatives by the Department of
4    Children and Family Services shall also comply with
5    subsection (b) of Section 7 of the Children and Family
6    Services Act.
7        (2) If an adoption is finalized prior to bringing or
8    sending a child to this State, compliance with the
9    Interstate Compact on the Placement of Children is not
10    required.
11    (c) Intercountry Adoptions. (1) The adoption of a child, if
12the child is a habitual resident of a country other than the
13United States and the petitioner is a habitual resident of the
14United States, or, if the child is a habitual resident of the
15United States and the petitioner is a habitual resident of a
16country other than the United States, shall comply with the
17Intercountry Adoption Act of 2000, as amended, and the
18Immigration and Nationality Act, as amended. In the case of an
19intercountry adoption that requires oversight by the adoption
20services governed by the Intercountry Adoption Universal
21Accreditation Act of 2012, this State shall not impose any
22additional preadoption requirements.
23        (2) The Department of Children and Family Services
24    shall maintain the office of Intercountry Adoption
25    Coordinator in order to maintain and protect the rights of
26    prospective adoptive parents and children participating in

 

 

09900HB3079ham001- 27 -LRB099 08115 HEP 32901 a

1    an intercountry adoption and shall develop ongoing
2    programs of support and services to such prospective
3    adoptive parents and children.
4        (3) In the case of an intercountry adoption of a child
5    by an Illinois resident, the Department shall promulgate
6    rules concerning preadoption requirements, which shall
7    include, but not be limited to, requirements relating to
8    home studies conducted by licensed child welfare agencies
9    and requirements relating to supporting documentation
10    concerning the prospective adoptive parent's suitability
11    to adopt a child.
12        (4) The Intercountry Adoption Coordinator shall
13    determine whether all preadoption requirements have been
14    met by a prospective adoptive parent. The Intercountry
15    Adoption Coordinator shall also determine whether the
16    prospective adoptive parent is suitable as the adoptive
17    parent. In determining suitability to adopt, the
18    Intercountry Adoption coordinator shall give considerable
19    weight to the home study, but is not bound by it. Even if
20    the home study is favorable, the Intercountry Adoption
21    Coordinator must issue a denial letter if, on the basis of
22    all the information provided, the Intercountry Adoption
23    Coordinator finds, for a specific and articulable reason,
24    that the prospective adoptive parent has failed to
25    establish that he or she is suitable as the adoptive
26    parent.

 

 

09900HB3079ham001- 28 -LRB099 08115 HEP 32901 a

1        (5) The Intercountry Adoption Coordinator shall issue
2    an endorsement letter, indicating that all preadoption
3    requirements have been met, or a denial letter, indicating
4    the specific preadoption requirements that have not been
5    met, no later than 21 days from receipt of the home study
6    from the child welfare agency. If, upon receipt of the home
7    study, the Intercountry Adoption Coordinator determines
8    that more information is required before any determination
9    can be made with respect to compliance with the preadoption
10    requirements, the Intercountry Adoption Coordinator shall,
11    within 7 days of receipt of the home study, provide notice
12    describing the additional information, via facsimile or
13    through electronic communication, to the licensed child
14    welfare agency and the adoptive parent. Within 21 days of
15    receipt of the additional information, the Intercountry
16    Adoption Coordinator shall provide the child welfare
17    agency with an endorsement letter or a denial letter. The
18    Intercountry Adoption Coordinator shall mail a copy of the
19    endorsement letter or denial letter to the prospective
20    adoptive parent at the same time that the Intercountry
21    Adoption Coordinator provides the letter to the child
22    welfare agency.
23        (6) If the Intercountry Adoption Coordinator issues a
24    denial letter, a prospective adoptive parent shall have the
25    right to a review. The Intercountry Adoption Coordinator
26    shall include in its denial letter notification advising

 

 

09900HB3079ham001- 29 -LRB099 08115 HEP 32901 a

1    the prospective adoptive parent of the right to seek a
2    review, by the Director of the Department, of the
3    determination, if requested in writing within 30 days of
4    receipt of the denial letter. Failure to submit such a
5    request within 30 days waives the prospective parent's
6    right to a review.
7            (i) The review by the Director shall include, but
8        is not limited to, a review of documentation submitted
9        by the prospective adoptive parent and, if requested by
10        the prospective adoptive parent, a telephone
11        conference or a mutually convenient in-person meeting
12        with the Director, or the Director's designated
13        representative, to allow the prospective adoptive
14        parent to present the facts and circumstances
15        supporting the request for the endorsement letter.
16            (ii) The Director shall issue a decision within 30
17        days of receipt of the request for review.
18            (iii) If the Director concurs with the original
19        denial letter of the Intercountry Adoption
20        Coordinator, the Director's decision shall be
21        considered a final decision and the prospective
22        adoptive parent shall have all rights and remedies to
23        which he or she is entitled under applicable law,
24        including a mandamus action under Article XIV of the
25        Code of Civil Procedure and an action under the federal
26        Civil Rights Act, 42 U.S.C. 1983.

 

 

09900HB3079ham001- 30 -LRB099 08115 HEP 32901 a

1        (7) In the case of an intercountry adoption finalized
2    in another country, where a complete and valid Order of
3    Adoption is issued from that country to an Illinois
4    resident, as determined by the United States Department of
5    State, this State shall not impose any additional
6    preadoption requirements.
7        (8) The Department of Children and Family Services
8    shall provide a report to the General Assembly, on an
9    annual basis for the preceding year, beginning on September
10    1 of each year after the effective date of this amendatory
11    Act of the 98th General Assembly. The report shall provide
12    non-identifying statistical data on the endorsement and
13    denial letters and the requests for review of denial
14    letters and shall contain, but not limited to, the
15    following:
16            (i) the number of endorsement letters issued by the
17        Intercountry Adoption Coordinator;
18            (ii) the number of denial letters issued by the
19        Intercountry Adoption Coordinator;
20            (iii) the number of requests for review of denial
21        letters;
22            (iv) the number of denial letter reviews which
23        resulted in a reversal by the Director and an
24        endorsement letter being issued; and
25            (v) the basis of each denial letter and the basis
26        of each reversal of the denial letter in a particular

 

 

09900HB3079ham001- 31 -LRB099 08115 HEP 32901 a

1        case.
2    (d) (Blank).
3    (e) Re-adoption after an intercountry adoption.
4        (1) Any time after a minor child has been adopted in a
5    foreign country and has immigrated to the United States,
6    the adoptive parent or parents of the child may petition
7    the court for a judgment of adoption to re-adopt the child
8    and confirm the foreign adoption decree.
9        (2) The petitioner must submit to the court one or more
10    of the following to verify the foreign adoption:
11            (i) an immigrant visa for the child issued by
12        United States Citizenship and Immigration Services of
13        the U.S. Department of Homeland Security that was valid
14        at the time of the child's immigration;
15            (ii) a decree, judgment, certificate of adoption,
16        adoption registration, or equivalent court order,
17        entered or issued by a court of competent jurisdiction
18        or administrative body outside the United States,
19        establishing the relationship of parent and child by
20        adoption; or
21            (iii) such other evidence deemed satisfactory by
22        the court.
23        (3) The child's immigrant visa shall be prima facie
24    proof that the adoption was established in accordance with
25    the laws of the foreign jurisdiction and met United States
26    requirements for immigration.

 

 

09900HB3079ham001- 32 -LRB099 08115 HEP 32901 a

1        (4) If the petitioner submits documentation that
2    satisfies the requirements of paragraph (2), the court
3    shall not appoint a guardian ad litem for the minor who is
4    the subject of the proceeding, shall not require any
5    further termination of parental rights of the child's
6    biological parents, nor shall it require any home study,
7    investigation, post-placement visit, or background check
8    of the petitioner.
9        (5) The petition may include a request for change of
10    the child's name and any other request for specific relief
11    that is in the best interests of the child. The relief may
12    include a request for a revised birth date for the child if
13    supported by evidence from a medical or dental professional
14    attesting to the appropriate age of the child or other
15    collateral evidence.
16        (6) Two adoptive parents who adopted a minor child
17    together in a foreign country while married to one another
18    may file a petition for adoption to re-adopt the child
19    jointly, regardless of whether their marriage has been
20    dissolved. If either parent whose marriage was dissolved
21    has subsequently remarried or entered into a civil union
22    with another person, the new spouse or civil union partner
23    shall not join in the petition to re-adopt the child,
24    unless the new spouse or civil union partner is seeking to
25    adopt the child. If either adoptive parent does not join in
26    the petition, he or she must be joined as a party

 

 

09900HB3079ham001- 33 -LRB099 08115 HEP 32901 a

1    defendant. The defendant parent's failure to participate
2    in the re-adoption proceeding shall not affect the existing
3    parental rights or obligations of the parent as they relate
4    to the minor child, and the parent's name shall be placed
5    on any subsequent birth record issued for the child as a
6    result of the re-adoption proceeding.
7        (7) An adoptive parent who adopted a minor child in a
8    foreign country as an unmarried person may file a petition
9    for adoption to re-adopt the child as a sole petitioner,
10    even if the adoptive parent has subsequently married or
11    entered into a civil union.
12        (8) If one of the adoptive parents who adopted a minor
13    child dies prior to a re-adoption proceeding, the deceased
14    parent's name shall be placed on any subsequent birth
15    record issued for the child as a result of the re-adoption
16    proceeding.
17(Source: P.A. 98-455, eff. 1-1-14.)
 
18    (750 ILCS 50/5)  (from Ch. 40, par. 1507)
19    Sec. 5. Petition, contents, verification, filing.
20    A. A proceeding to adopt a child, other than a related
21child, shall be commenced by the filing of a petition within 30
22days after such child has become available for adoption,
23provided that such petition may be filed at a later date by
24leave of court upon a showing that the failure to file such
25petition within such 30 day period was not due to the

 

 

09900HB3079ham001- 34 -LRB099 08115 HEP 32901 a

1petitioners' culpable negligence or their wilful disregard of
2the provisions of this Section. In the case of a child born
3outside the United States or a territory thereof, if the
4prospective adoptive parents of such child have been appointed
5guardians of such child by a court of competent jurisdiction in
6a country other than the United States or a territory thereof,
7such parents shall file a petition as provided in this Section
8within 30 days after entry of the child into the United States.
9A petition to adopt an adult or a related child may be filed at
10any time. A petition for adoption may include more than one
11person sought to be adopted.
12    B. A petition to adopt a child other than a related child
13shall state:
14        (a) The full names of the petitioners and, if minors,
15    their respective ages;
16        (b) The place of residence of the petitioners and the
17    length of residence of each in the State of Illinois
18    immediately preceding the filing of the petition;
19        (c) When the petitioners acquired, or intend to
20    acquire, custody of the child, and the name and address of
21    the persons or agency from whom the child was or will be
22    received;
23        (d) The name, the place and date of birth if known, and
24    the sex of the child sought to be adopted;
25        (e) The relationship, if any, of the child to each
26    petitioner;

 

 

09900HB3079ham001- 35 -LRB099 08115 HEP 32901 a

1        (f) The names, if known, and the place of residence, if
2    known, of the parents; and whether such parents are minors,
3    or otherwise under any legal disability. The names and
4    addresses of the parents shall be omitted and they shall
5    not be made parties defendant to the petition if (1) the
6    rights of the parents have been terminated by a court of
7    competent jurisdiction, or (2) the child has been
8    surrendered to an agency, or (3) the parent or parents have
9    been served with the notice provided in Section 12a of this
10    Act and said parent or parents have filed a disclaimer of
11    paternity as therein provided or have failed to file such
12    declaration of paternity or a request for notice as
13    provided in said Section, or (4) the parent is a putative
14    father or legal father of the child who has waived his
15    parental rights by signing a waiver as provided in
16    subsection S of Section 10;
17        (g) If it is alleged that the child has no living
18    parent, then the name of the guardian, if any, of such
19    child and the court which appointed such guardian;
20        (h) If it is alleged that the child has no living
21    parent and that no guardian of such child is known to
22    petitioners, then the name of a near relative, if known,
23    shall be set forth, or an allegation that no near relative
24    is known and on due inquiry cannot be ascertained by
25    petitioners;
26        (i) The name to be given the child or adult;

 

 

09900HB3079ham001- 36 -LRB099 08115 HEP 32901 a

1        (j) That the person or agency, having authority to
2    consent under Section 8 of this Act, has consented, or has
3    indicated willingness to consent, to the adoption of the
4    child by the petitioners, or that the person having
5    authority to consent is an unfit person and the ground
6    therefor, or that no consent is required under paragraph
7    (f) of Section 8 of this Act;
8        (k) Whatever orders, judgments or decrees have
9    heretofore been entered by any court affecting (1) adoption
10    or custody of the child, or (2) the adoptive, custodial or
11    parental rights of either petitioner, including the prior
12    denial of any petition for adoption pertaining to such
13    child, or to the petitioners, or either of them.
14    C. A petition to adopt a related child shall include the
15information specified in sub-paragraphs (a), (b), (d), (e),
16(f), (i) and (k) of paragraph B and a petition to adopt an
17adult shall contain the information required by sub-paragraphs
18(a), (b) and (i) of paragraph B in addition to the name, place,
19date of birth and sex of such adult.
20    D. The petition shall be verified by the petitioners.
21    E. Upon the filing of the petition the petitioners shall
22furnish the Clerk of the Court in which the petition is pending
23such information not contained in such petition as shall be
24necessary to enable the Clerk of such Court to complete a
25certificate of adoption as hereinafter provided.
26    F. A petition for standby adoption shall conform to the

 

 

09900HB3079ham001- 37 -LRB099 08115 HEP 32901 a

1requirements of this Act with respect to petition contents,
2verification, and filing. The petition for standby adoption
3shall also state the facts concerning the consent of the
4child's parent to the standby adoption. A petition for standby
5adoption shall include the information in paragraph B if the
6petitioner seeks to adopt a child other than a related child. A
7petition for standby adoption shall include the information in
8paragraph C if the petitioner seeks to adopt a related child or
9adult.
10    G. A petition for adoption to re-adopt a child after an
11intercountry adoption shall include the information specified
12in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of
13paragraph B.
14(Source: P.A. 97-493, eff. 8-22-11.)
 
15    (750 ILCS 50/13)  (from Ch. 40, par. 1516)
16    Sec. 13. Interim order. As soon as practicable after the
17filing of a petition for adoption the court shall hold a
18hearing for the following purposes:
19    A. In other than an adoption of a related child or an
20adoption through an agency, or of an adult:
21        (a) To determine the validity of the consent, provided
22    that the execution of a consent pursuant to this Act shall
23    be prima facie evidence of its validity, and provided that
24    the validity of a consent shall not be affected by the
25    omission therefrom of the names of the petitioners or

 

 

09900HB3079ham001- 38 -LRB099 08115 HEP 32901 a

1    adopting parents at the time the consent is executed or
2    acknowledged, and further provided that the execution of a
3    consent prior to the filing of a petition for adoption
4    shall not affect its validity.
5        (b) To determine whether there is available suitable
6    temporary custodial care for a child sought to be adopted.
7    B. In all cases except standby adoptions and re-adoptions:
8        (a) The court shall appoint some licensed attorney
9    other than the State's attorney acting in his or her
10    official capacity as guardian ad litem to represent a child
11    sought to be adopted. Such guardian ad litem shall have
12    power to consent to the adoption of the child, if such
13    consent is required.
14        (b) The court shall appoint a guardian ad litem for all
15    named minors or defendants who are persons under legal
16    disability, if any.
17        (c) If the petition alleges a person to be unfit
18    pursuant to the provisions of subparagraph (p) of paragraph
19    D of Section 1 of this Act, such person shall be
20    represented by counsel. If such person is indigent or an
21    appearance has not been entered on his behalf at the time
22    the matter is set for hearing, the court shall appoint as
23    counsel for him either the Guardianship and Advocacy
24    Commission, the public defender, or, only if no attorney
25    from the Guardianship and Advocacy Commission or the public
26    defender is available, an attorney licensed to practice law

 

 

09900HB3079ham001- 39 -LRB099 08115 HEP 32901 a

1    in this State.
2        (d) If it is proved to the satisfaction of the court,
3    after such investigation as the court deems necessary, that
4    termination of parental rights and temporary commitment of
5    the child to an agency or to a person deemed competent by
6    the court, including petitioners, will be for the welfare
7    of the child, the court may order the child to be so
8    committed and may terminate the parental rights of the
9    parents and declare the child a ward of the court or, if it
10    is not so proved, the court may enter such other order as
11    it shall deem necessary and advisable.
12        (e) Before an interim custody order is granted under
13    this Section, service of summons shall be had upon the
14    parent or parents whose rights have not been terminated,
15    except as provided in subsection (f). Reasonable notice and
16    opportunity to be heard shall be given to the parent or
17    parents after service of summons when the address of the
18    parent or parents is available. The party seeking an
19    interim custody order shall make all reasonable efforts to
20    locate the parent or parents of the child or children they
21    are seeking to adopt and to notify the parent or parents of
22    the party's request for an interim custody order pursuant
23    to this Section.
24        (f) An interim custody order may be granted without
25    notice upon presentation to the court of a written
26    petition, accompanied by an affidavit, stating that there

 

 

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1    is an immediate danger to the child and that irreparable
2    harm will result to the child if notice is given to the
3    parent or parents or legal guardian. Upon making a finding
4    that there is an immediate danger to the child if service
5    of process is had upon and notice of hearing is given to
6    the parent or parents or legal guardian prior to the entry
7    of an order granting temporary custody to someone other
8    than a parent or legal guardian, the court may enter an
9    order of temporary custody which shall expire not more than
10    10 days after its entry. Every ex parte custody order
11    granted without notice shall state the injury which the
12    court sought to avoid by granting the order, the
13    irreparable injury that would have occurred had notice been
14    given, and the reason the order was granted without notice.
15    The matter shall be set down for full hearing before the
16    expiration of the ex parte order and will be heard after
17    service of summons is had upon and notice of hearing is
18    given to the parent or parents or legal guardian. At the
19    hearing the burden of proof shall be upon the party seeking
20    to extend the interim custody order to show that the order
21    was properly granted without notice and that custody should
22    remain with the party seeking to adopt during the pendency
23    of the adoption proceeding. If the interim custody order is
24    extended, the reasons for granting the extension shall be
25    stated in the order.
26    C. In the case of a child born outside the United States or

 

 

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1a territory thereof, if the petitioners have previously been
2appointed guardians of such child by a court of competent
3jurisdiction in a country other than the United States or a
4territory thereof, the court may order that the petitioners
5continue as guardians of such child.
6    D. In standby adoption cases:
7        (a) The court shall appoint a licensed attorney other
8    than the State's Attorney acting in his or her official
9    capacity as guardian ad litem to represent a child sought
10    to be adopted. The guardian ad litem shall have power to
11    consent to the adoption of the child, if consent is
12    required.
13        (b) The court shall appoint a guardian ad litem for all
14    named minors or defendants who are persons under legal
15    disability, if any.
16        (c) The court lacks jurisdiction to proceed on the
17    petition for standby adoption if the child has a living
18    parent, adoptive parent, or adjudicated parent whose
19    rights have not been terminated and whose whereabouts are
20    known, unless the parent consents to the standby adoption
21    or, after receiving notice of the hearing on the standby
22    adoption petition, fails to object to the appointment of a
23    standby adoptive parent at the hearing on the petition.
24        (d) The court shall investigate as needed for the
25    welfare of the child and shall determine whether the
26    petitioner or petitioners shall be permitted to adopt.

 

 

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1(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,
2eff. 1-1-00.)
 
3    (750 ILCS 50/18.9 new)
4    Sec. 18.9. Post-placement and post-adoption support
5services.
6    (a) It is the public policy of this State to find
7permanency for children through adoption and to prevent
8placement disruption, adoption dissolution, and secondary
9placement. Access to post-placement and post-adoption support
10services to provide support and resources for wards of the
11State, foster families, and adoptive families is essential to
12promote permanency. Public awareness of post-placement and
13post-adoption services and the ability of families to utilize
14effective services are essential to permanency.
15    (b) The Department shall establish and maintain
16post-placement and post-adoption support services.
17    (c) The Department shall post information about the
18Department's post-placement and post-adoption support services
19on the Department's website and shall provide the information
20to every licensed child welfare agency, every out of State
21placement agency or entity approved under Section 4.1 of this
22Act, and any entity providing adoption support services in the
23Illinois courts. The Department's post-placement and
24post-adoption support services shall be referenced in
25information regarding adoptive parents' rights and

 

 

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1responsibilities that the Department publishes and provides to
2adoptive parents under this Act. The Department shall establish
3and maintain a toll-free number to advise the public about its
4post-placement and post-adoption support services and post the
5number on its website.
6    (d) Every licensed child welfare agency, every entity
7approved under Section 4.1 of this Act, and any entity
8providing adoption support services in the Illinois courts
9shall provide the Department's website address and link to the
10Department's post-placement and post-adoption services
11information set forth in subsection (c) of this Section,
12including the Department's toll-free number, to every adoptive
13parent with whom they work in Illinois. This information shall
14be provided prior to placement.
15    (e) Beginning one year after the effective date of this
16amendatory Act of the 99th General Assembly, the Department
17shall report annually to the General Assembly on January 15 the
18following information for the preceding year:
19        (1) a description of all post-placement and
20    post-adoption support services the Department provides;
21        (2) without identifying the names of the recipients of
22    the services, the number of foster parents, prospective
23    adoptive parents, and adoptive families in Illinois who
24    have received the Department's post-placement and
25    post-adoption support services and the type of services
26    provided;

 

 

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1        (3) the number of families who have contacted the
2    Department about its post-placement and post-adoption
3    services due to a potential placement disruption, adoption
4    dissolution, secondary placement, or unregulated
5    placement, but for whom the Department declined to provide
6    post-placement and post-adoption support services and the
7    reasons that services were denied; and
8        (4) the number of placement disruptions, adoption
9    dissolutions, unregulated placements, and secondary
10    placements, and for each one:
11            (A) the type of placement or adoption, including
12        whether the child who was the subject of the placement
13        was a ward of the Department, and if the child was not
14        a ward, whether the adoption was a private, agency,
15        agency-assisted, interstate, or intercountry adoption;
16            (B) if the placement or adoption was intercountry,
17        the country of birth of the child;
18            (C) whether the child who was the subject of the
19        placement disruption, adoption dissolution,
20        unregulated placement, or secondary placement entered
21        State custody;
22            (D) the length of the placement prior to the
23        placement disruption, adoption dissolution,
24        unregulated placement, or secondary placement;
25            (E) the age of the child at the time of the
26        placement disruption, adoption dissolution,

 

 

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1        unregulated placement, or secondary placement;
2            (F) the reason, if known, for the placement
3        disruption, adoption dissolution, unregulated
4        placement, or secondary placement; and
5            (G) if a licensed child welfare agency or any
6        approved out of State placing entity participated in
7        the initial placement, and, if applicable, the name of
8        the agency or approved out of State placing entity.".