Illinois General Assembly - Full Text of HB3079
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Full Text of HB3079  99th General Assembly

HB3079enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3079 EnrolledLRB099 08115 HEP 28264 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The 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
16adoptive parent of the child.
 
17    (225 ILCS 10/2.32 new)
18    Sec. 2.32. Adoption dissolution. "Adoption dissolution"
19means a circumstance where the child is removed from an
20adoptive placement after the adoption is finalized.
 

 

 

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1    (225 ILCS 10/2.33 new)
2    Sec. 2.33. Unregulated placement. "Unregulated placement"
3means the secondary placement of a child that occurs without
4the oversight of the courts, the Department, or a licensed
5child welfare agency.
 
6    (225 ILCS 10/2.34 new)
7    Sec. 2.34. Post-placement and post-adoption support
8services. "Post-placement and post-adoption support services"
9means support services for placed or adopted children and
10families that include, but are not limited to, counseling for
11emotional, behavioral, or developmental needs.
 
12    Section 10. The Adoption Act is amended by changing
13Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as
14follows:
 
15    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
16    Sec. 1. Definitions. When used in this Act, unless the
17context otherwise requires:
18    A. "Child" means a person under legal age subject to
19adoption under this Act.
20    B. "Related child" means a child subject to adoption where
21either or both of the adopting parents stands in any of the
22following relationships to the child by blood, marriage,
23adoption, or civil union: parent, grand-parent,

 

 

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1great-grandparent, brother, sister, step-parent,
2step-grandparent, step-brother, step-sister, uncle, aunt,
3great-uncle, great-aunt, first cousin, or second cousin. A
4person is related to the child as a first cousin or second
5cousin if they are both related to the same ancestor as either
6grandchild or great-grandchild. A child whose parent has
7executed a consent to adoption, a surrender, or a waiver
8pursuant to Section 10 of this Act or whose parent has signed a
9denial of paternity pursuant to Section 12 of the Vital Records
10Act or Section 12a of this Act, or whose parent has had his or
11her parental rights terminated, is not a related child to that
12person, unless (1) the consent is determined to be void or is
13void pursuant to subsection O of Section 10 of this Act; or (2)
14the parent of the child executed a consent to adoption by a
15specified person or persons pursuant to subsection A-1 of
16Section 10 of this Act and a court of competent jurisdiction
17finds that such consent is void; or (3) the order terminating
18the parental rights of the parent is vacated by a court of
19competent jurisdiction.
20    C. "Agency" for the purpose of this Act means a public
21child welfare agency or a licensed child welfare agency.
22    D. "Unfit person" means any person whom the court shall
23find to be unfit to have a child, without regard to the
24likelihood that the child will be placed for adoption. The
25grounds of unfitness are any one or more of the following,
26except that a person shall not be considered an unfit person

 

 

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1for the sole reason that the person has relinquished a child in
2accordance with the Abandoned Newborn Infant Protection Act:
3        (a) Abandonment of the child.
4        (a-1) Abandonment of a newborn infant in a hospital.
5        (a-2) Abandonment of a newborn infant in any setting
6    where the evidence suggests that the parent intended to
7    relinquish his or her parental rights.
8        (b) Failure to maintain a reasonable degree of
9    interest, concern or responsibility as to the child's
10    welfare.
11        (c) Desertion of the child for more than 3 months next
12    preceding the commencement of the Adoption proceeding.
13        (d) Substantial neglect of the child if continuous or
14    repeated.
15        (d-1) Substantial neglect, if continuous or repeated,
16    of any child residing in the household which resulted in
17    the death of that child.
18        (e) Extreme or repeated cruelty to the child.
19        (f) There is a rebuttable presumption, which can be
20    overcome only by clear and convincing evidence, that a
21    parent is unfit if:
22            (1) Two or more findings of physical abuse have
23        been entered regarding any children under Section 2-21
24        of the Juvenile Court Act of 1987, the most recent of
25        which was determined by the juvenile court hearing the
26        matter to be supported by clear and convincing

 

 

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1        evidence; or
2            (2) The parent has been convicted or found not
3        guilty by reason of insanity and the conviction or
4        finding resulted from the death of any child by
5        physical abuse; or
6            (3) There is a finding of physical child abuse
7        resulting from the death of any child under Section
8        2-21 of the Juvenile Court Act of 1987.
9            No conviction or finding of delinquency pursuant
10        to Article V of the Juvenile Court Act of 1987 shall be
11        considered a criminal conviction for the purpose of
12        applying any presumption under this item (f).
13        (g) Failure to protect the child from conditions within
14    his environment injurious to the child's welfare.
15        (h) Other neglect of, or misconduct toward the child;
16    provided that in making a finding of unfitness the court
17    hearing the adoption proceeding shall not be bound by any
18    previous finding, order or judgment affecting or
19    determining the rights of the parents toward the child
20    sought to be adopted in any other proceeding except such
21    proceedings terminating parental rights as shall be had
22    under either this Act, the Juvenile Court Act or the
23    Juvenile Court Act of 1987.
24        (i) Depravity. Conviction of any one of the following
25    crimes shall create a presumption that a parent is depraved
26    which can be overcome only by clear and convincing

 

 

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1    evidence: (1) first degree murder in violation of paragraph
2    1 or 2 of subsection (a) of Section 9-1 of the Criminal
3    Code of 1961 or the Criminal Code of 2012 or conviction of
4    second degree murder in violation of subsection (a) of
5    Section 9-2 of the Criminal Code of 1961 or the Criminal
6    Code of 2012 of a parent of the child to be adopted; (2)
7    first degree murder or second degree murder of any child in
8    violation of the Criminal Code of 1961 or the Criminal Code
9    of 2012; (3) attempt or conspiracy to commit first degree
10    murder or second degree murder of any child in violation of
11    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
12    solicitation to commit murder of any child, solicitation to
13    commit murder of any child for hire, or solicitation to
14    commit second degree murder of any child in violation of
15    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
16    predatory criminal sexual assault of a child in violation
17    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
18    or the Criminal Code of 2012; (6) heinous battery of any
19    child in violation of the Criminal Code of 1961; or (7)
20    aggravated battery of any child in violation of the
21    Criminal Code of 1961 or the Criminal Code of 2012.
22        There is a rebuttable presumption that a parent is
23    depraved if the parent has been criminally convicted of at
24    least 3 felonies under the laws of this State or any other
25    state, or under federal law, or the criminal laws of any
26    United States territory; and at least one of these

 

 

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1    convictions took place within 5 years of the filing of the
2    petition or motion seeking termination of parental rights.
3        There is a rebuttable presumption that a parent is
4    depraved if that parent has been criminally convicted of
5    either first or second degree murder of any person as
6    defined in the Criminal Code of 1961 or the Criminal Code
7    of 2012 within 10 years of the filing date of the petition
8    or motion to terminate parental rights.
9        No conviction or finding of delinquency pursuant to
10    Article 5 of the Juvenile Court Act of 1987 shall be
11    considered a criminal conviction for the purpose of
12    applying any presumption under this item (i).
13        (j) Open and notorious adultery or fornication.
14        (j-1) (Blank).
15        (k) Habitual drunkenness or addiction to drugs, other
16    than those prescribed by a physician, for at least one year
17    immediately prior to the commencement of the unfitness
18    proceeding.
19        There is a rebuttable presumption that a parent is
20    unfit under this subsection with respect to any child to
21    which that parent gives birth where there is a confirmed
22    test result that at birth the child's blood, urine, or
23    meconium contained any amount of a controlled substance as
24    defined in subsection (f) of Section 102 of the Illinois
25    Controlled Substances Act or metabolites of such
26    substances, the presence of which in the newborn infant was

 

 

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1    not the result of medical treatment administered to the
2    mother or the newborn infant; and the biological mother of
3    this child is the biological mother of at least one other
4    child who was adjudicated a neglected minor under
5    subsection (c) of Section 2-3 of the Juvenile Court Act of
6    1987.
7        (l) Failure to demonstrate a reasonable degree of
8    interest, concern or responsibility as to the welfare of a
9    new born child during the first 30 days after its birth.
10        (m) Failure by a parent (i) to make reasonable efforts
11    to correct the conditions that were the basis for the
12    removal of the child from the parent during any 9-month
13    period following the adjudication of neglected or abused
14    minor under Section 2-3 of the Juvenile Court Act of 1987
15    or dependent minor under Section 2-4 of that Act, or (ii)
16    to make reasonable progress toward the return of the child
17    to the parent during any 9-month period following the
18    adjudication of neglected or abused minor under Section 2-3
19    of the Juvenile Court Act of 1987 or dependent minor under
20    Section 2-4 of that Act. If a service plan has been
21    established as required under Section 8.2 of the Abused and
22    Neglected Child Reporting Act to correct the conditions
23    that were the basis for the removal of the child from the
24    parent and if those services were available, then, for
25    purposes of this Act, "failure to make reasonable progress
26    toward the return of the child to the parent" includes the

 

 

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1    parent's failure to substantially fulfill his or her
2    obligations under the service plan and correct the
3    conditions that brought the child into care during any
4    9-month period following the adjudication under Section
5    2-3 or 2-4 of the Juvenile Court Act of 1987.
6    Notwithstanding any other provision, when a petition or
7    motion seeks to terminate parental rights on the basis of
8    item (ii) of this subsection (m), the petitioner shall file
9    with the court and serve on the parties a pleading that
10    specifies the 9-month period or periods relied on. The
11    pleading shall be filed and served on the parties no later
12    than 3 weeks before the date set by the court for closure
13    of discovery, and the allegations in the pleading shall be
14    treated as incorporated into the petition or motion.
15    Failure of a respondent to file a written denial of the
16    allegations in the pleading shall not be treated as an
17    admission that the allegations are true.
18        (m-1) Pursuant to the Juvenile Court Act of 1987, a
19    child has been in foster care for 15 months out of any 22
20    month period which begins on or after the effective date of
21    this amendatory Act of 1998 unless the child's parent can
22    prove by a preponderance of the evidence that it is more
23    likely than not that it will be in the best interests of
24    the child to be returned to the parent within 6 months of
25    the date on which a petition for termination of parental
26    rights is filed under the Juvenile Court Act of 1987. The

 

 

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1    15 month time limit is tolled during any period for which
2    there is a court finding that the appointed custodian or
3    guardian failed to make reasonable efforts to reunify the
4    child with his or her family, provided that (i) the finding
5    of no reasonable efforts is made within 60 days of the
6    period when reasonable efforts were not made or (ii) the
7    parent filed a motion requesting a finding of no reasonable
8    efforts within 60 days of the period when reasonable
9    efforts were not made. For purposes of this subdivision
10    (m-1), the date of entering foster care is the earlier of:
11    (i) the date of a judicial finding at an adjudicatory
12    hearing that the child is an abused, neglected, or
13    dependent minor; or (ii) 60 days after the date on which
14    the child is removed from his or her parent, guardian, or
15    legal custodian.
16        (n) Evidence of intent to forgo his or her parental
17    rights, whether or not the child is a ward of the court,
18    (1) as manifested by his or her failure for a period of 12
19    months: (i) to visit the child, (ii) to communicate with
20    the child or agency, although able to do so and not
21    prevented from doing so by an agency or by court order, or
22    (iii) to maintain contact with or plan for the future of
23    the child, although physically able to do so, or (2) as
24    manifested by the father's failure, where he and the mother
25    of the child were unmarried to each other at the time of
26    the child's birth, (i) to commence legal proceedings to

 

 

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1    establish his paternity under the Illinois Parentage Act of
2    1984 or the law of the jurisdiction of the child's birth
3    within 30 days of being informed, pursuant to Section 12a
4    of this Act, that he is the father or the likely father of
5    the child or, after being so informed where the child is
6    not yet born, within 30 days of the child's birth, or (ii)
7    to make a good faith effort to pay a reasonable amount of
8    the expenses related to the birth of the child and to
9    provide a reasonable amount for the financial support of
10    the child, the court to consider in its determination all
11    relevant circumstances, including the financial condition
12    of both parents; provided that the ground for termination
13    provided in this subparagraph (n)(2)(ii) shall only be
14    available where the petition is brought by the mother or
15    the husband of the mother.
16        Contact or communication by a parent with his or her
17    child that does not demonstrate affection and concern does
18    not constitute reasonable contact and planning under
19    subdivision (n). In the absence of evidence to the
20    contrary, the ability to visit, communicate, maintain
21    contact, pay expenses and plan for the future shall be
22    presumed. The subjective intent of the parent, whether
23    expressed or otherwise, unsupported by evidence of the
24    foregoing parental acts manifesting that intent, shall not
25    preclude a determination that the parent has intended to
26    forgo his or her parental rights. In making this

 

 

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1    determination, the court may consider but shall not require
2    a showing of diligent efforts by an authorized agency to
3    encourage the parent to perform the acts specified in
4    subdivision (n).
5        It shall be an affirmative defense to any allegation
6    under paragraph (2) of this subsection that the father's
7    failure was due to circumstances beyond his control or to
8    impediments created by the mother or any other person
9    having legal custody. Proof of that fact need only be by a
10    preponderance of the evidence.
11        (o) Repeated or continuous failure by the parents,
12    although physically and financially able, to provide the
13    child with adequate food, clothing, or shelter.
14        (p) Inability to discharge parental responsibilities
15    supported by competent evidence from a psychiatrist,
16    licensed clinical social worker, or clinical psychologist
17    of mental impairment, mental illness or an intellectual
18    disability as defined in Section 1-116 of the Mental Health
19    and Developmental Disabilities Code, or developmental
20    disability as defined in Section 1-106 of that Code, and
21    there is sufficient justification to believe that the
22    inability to discharge parental responsibilities shall
23    extend beyond a reasonable time period. However, this
24    subdivision (p) shall not be construed so as to permit a
25    licensed clinical social worker to conduct any medical
26    diagnosis to determine mental illness or mental

 

 

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1    impairment.
2        (q) (Blank).
3        (r) The child is in the temporary custody or
4    guardianship of the Department of Children and Family
5    Services, the parent is incarcerated as a result of
6    criminal conviction at the time the petition or motion for
7    termination of parental rights is filed, prior to
8    incarceration the parent had little or no contact with the
9    child or provided little or no support for the child, and
10    the parent's incarceration will prevent the parent from
11    discharging his or her parental responsibilities for the
12    child for a period in excess of 2 years after the filing of
13    the petition or motion for termination of parental rights.
14        (s) The child is in the temporary custody or
15    guardianship of the Department of Children and Family
16    Services, the parent is incarcerated at the time the
17    petition or motion for termination of parental rights is
18    filed, the parent has been repeatedly incarcerated as a
19    result of criminal convictions, and the parent's repeated
20    incarceration has prevented the parent from discharging
21    his or her parental responsibilities for the child.
22        (t) A finding that at birth the child's blood, urine,
23    or meconium contained any amount of a controlled substance
24    as defined in subsection (f) of Section 102 of the Illinois
25    Controlled Substances Act, or a metabolite of a controlled
26    substance, with the exception of controlled substances or

 

 

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1    metabolites of such substances, the presence of which in
2    the newborn infant was the result of medical treatment
3    administered to the mother or the newborn infant, and that
4    the biological mother of this child is the biological
5    mother of at least one other child who was adjudicated a
6    neglected minor under subsection (c) of Section 2-3 of the
7    Juvenile Court Act of 1987, after which the biological
8    mother had the opportunity to enroll in and participate in
9    a clinically appropriate substance abuse counseling,
10    treatment, and rehabilitation program.
11    E. "Parent" means a person who is the legal mother or legal
12father of the child as defined in subsection X or Y of this
13Section. For the purpose of this Act, a parent who has executed
14a consent to adoption, a surrender, or a waiver pursuant to
15Section 10 of this Act, who has signed a Denial of Paternity
16pursuant to Section 12 of the Vital Records Act or Section 12a
17of this Act, or whose parental rights have been terminated by a
18court, is not a parent of the child who was the subject of the
19consent, surrender, waiver, or denial unless (1) the consent is
20void pursuant to subsection O of Section 10 of this Act; or (2)
21the person executed a consent to adoption by a specified person
22or persons pursuant to subsection A-1 of Section 10 of this Act
23and a court of competent jurisdiction finds that the consent is
24void; or (3) the order terminating the parental rights of the
25person is vacated by a court of competent jurisdiction.
26    F. A person is available for adoption when the person is:

 

 

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1        (a) a child who has been surrendered for adoption to an
2    agency and to whose adoption the agency has thereafter
3    consented;
4        (b) a child to whose adoption a person authorized by
5    law, other than his parents, has consented, or to whose
6    adoption no consent is required pursuant to Section 8 of
7    this Act;
8        (c) a child who is in the custody of persons who intend
9    to adopt him through placement made by his parents;
10        (c-1) a child for whom a parent has signed a specific
11    consent pursuant to subsection O of Section 10;
12        (d) an adult who meets the conditions set forth in
13    Section 3 of this Act; or
14        (e) a child who has been relinquished as defined in
15    Section 10 of the Abandoned Newborn Infant Protection Act.
16    A person who would otherwise be available for adoption
17shall not be deemed unavailable for adoption solely by reason
18of his or her death.
19    G. The singular includes the plural and the plural includes
20the singular and the "male" includes the "female", as the
21context of this Act may require.
22    H. (Blank). "Adoption disruption" occurs when an adoptive
23placement does not prove successful and it becomes necessary
24for the child to be removed from placement before the adoption
25is finalized.
26    I. "Habitual residence" has the meaning ascribed to it in

 

 

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1the federal Intercountry Adoption Act of 2000 and regulations
2promulgated thereunder.
3    J. "Immediate relatives" means the biological parents, the
4parents of the biological parents and siblings of the
5biological parents.
6    K. "Intercountry adoption" is a process by which a child
7from a country other than the United States is adopted by
8persons who are habitual residents of the United States, or the
9child is a habitual resident of the United States who is
10adopted by persons who are habitual residents of a country
11other than the United States.
12    L. (Blank). "Intercountry Adoption Coordinator" means a
13staff person of the Department of Children and Family Services
14appointed by the Director to coordinate the provision of
15services related to an intercountry adoption.
16    M. "Interstate Compact on the Placement of Children" is a
17law enacted by all states and certain territories for the
18purpose of establishing uniform procedures for handling the
19interstate placement of children in foster homes, adoptive
20homes, or other child care facilities.
21    N. (Blank).
22    O. "Preadoption requirements" means any conditions or
23standards established by the laws or administrative rules of
24this State that must be met by a prospective adoptive parent
25prior to the placement of a child in an adoptive home.
26    P. "Abused child" means a child whose parent or immediate

 

 

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1family member, or any person responsible for the child's
2welfare, or any individual residing in the same home as the
3child, or a paramour of the child's parent:
4        (a) inflicts, causes to be inflicted, or allows to be
5    inflicted upon the child physical injury, by other than
6    accidental means, that causes death, disfigurement,
7    impairment of physical or emotional health, or loss or
8    impairment of any bodily function;
9        (b) creates a substantial risk of physical injury to
10    the child by other than accidental means which would be
11    likely to cause death, disfigurement, impairment of
12    physical or emotional health, or loss or impairment of any
13    bodily function;
14        (c) commits or allows to be committed any sex offense
15    against the child, as sex offenses are defined in the
16    Criminal Code of 2012 and extending those definitions of
17    sex offenses to include children under 18 years of age;
18        (d) commits or allows to be committed an act or acts of
19    torture upon the child; or
20        (e) inflicts excessive corporal punishment.
21    Q. "Neglected child" means any child whose parent or other
22person responsible for the child's welfare withholds or denies
23nourishment or medically indicated treatment including food or
24care denied solely on the basis of the present or anticipated
25mental or physical impairment as determined by a physician
26acting alone or in consultation with other physicians or

 

 

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

 

 

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1under Article 11 of the Criminal Code of 2012.
2    S. "Standby adoption" means an adoption in which a parent
3consents to custody and termination of parental rights to
4become effective upon the occurrence of a future event, which
5is either the death of the parent or the request of the parent
6for the entry of a final judgment of adoption.
7    T. (Blank).
8    T-5. "Biological parent", "birth parent", or "natural
9parent" of a child are interchangeable terms that mean a person
10who is biologically or genetically related to that child as a
11parent.
12    U. "Interstate adoption" means the placement of a minor
13child with a prospective adoptive parent for the purpose of
14pursuing an adoption for that child that is subject to the
15provisions of the Interstate Compact on Placement of Children.
16    V. (Blank). "Endorsement letter" means the letter issued by
17the Department of Children and Family Services to document that
18a prospective adoptive parent has met preadoption requirements
19and has been deemed suitable by the Department to adopt a child
20who is the subject of an intercountry adoption.
21    W. (Blank). "Denial letter" means the letter issued by the
22Department of Children and Family Services to document that a
23prospective adoptive parent has not met preadoption
24requirements and has not been deemed suitable by the Department
25to adopt a child who is the subject of an intercountry
26adoption.

 

 

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

 

 

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

 

 

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1not limited to the placement of a ward of the Department, that
2occurs after a placement disruption or an adoption dissolution.
3"Secondary placement" does not mean secondary placements
4arising due to the death of the adoptive parent of the child.
5    CC. "Adoption dissolution" means a circumstance where the
6child is removed from an adoptive placement after the adoption
7is finalized.
8    DD. "Unregulated placement" means the secondary placement
9of a child that occurs without the oversight of the courts, the
10Department, or a licensed child welfare agency.
11    EE. "Post-placement and post-adoption support services"
12means support services for placed or adopted children and
13families that include, but are not limited to, counseling for
14emotional, behavioral, or developmental needs.
15(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
1697-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
171-1-14; 98-804, eff. 1-1-15.)
 
18    (750 ILCS 50/2)  (from Ch. 40, par. 1502)
19    Sec. 2. Who may adopt a child.
20    A. Any of the following persons, who is under no legal
21disability (except the minority specified in sub-paragraph
22(b)) and who has resided in the State of Illinois continuously
23for a period of at least 6 months immediately preceding the
24commencement of an adoption proceeding, or any member of the
25armed forces of the United States who has been domiciled in the

 

 

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1State of Illinois for 90 days, may institute such proceeding:
2        (a) A reputable person of legal age and of either sex,
3    provided that if such person is married or in a civil union
4    and has not been living separate and apart from his or her
5    spouse or civil union partner for 12 months or longer, his
6    or her spouse or civil union partner shall be a party to
7    the adoption proceeding, including a spouse or civil union
8    partner husband or wife desiring to adopt a child of the
9    other spouse or civil union partner, in all of which cases
10    the adoption shall be by both spouses or civil union
11    partners jointly;
12        (b) A minor, by leave of court upon good cause shown.
13    Notwithstanding sub-paragraph (a) of this subsection, a
14spouse or civil union partner is not required to join in a
15petition for adoption to re-adopt a child after an intercountry
16adoption if the spouse or civil union partner did not
17previously adopt the child as set forth in subsections (c) and
18(e) of Section 4.1 of this Act.
19    B. The residence requirement specified in paragraph A of
20this Section shall not apply to:
21        (a) an adoption of a related child or child previously
22    adopted in a foreign country by the petitioner; or
23        (b) an adoption of a child placed by an agency.
24(Source: P.A. 98-804, eff. 1-1-15.)
 
25    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)

 

 

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1    Sec. 4.1. Adoption between multiple jurisdictions.
2    (a) The Department of Children and Family Services shall
3promulgate rules regarding the approval and regulation of
4agencies providing, in this State, adoption services, as
5defined in Section 2.24 of the Child Care Act of 1969, which
6shall include, but not be limited to, a requirement that any
7agency shall be licensed in this State as a child welfare
8agency as defined in Section 2.08 of the Child Care Act of
91969. Any out-of-state agency, if not licensed in this State as
10a child welfare agency, must obtain the approval of the
11Department in order to act as a sending agency, as defined in
12Section 1 of the Interstate Compact on Placement of Children
13Act, seeking to place a child into this State through a
14placement subject to the Interstate Compact on the Placement of
15Children. An out-of-state agency, if not licensed in this State
16as a child welfare agency, is prohibited from providing in this
17State adoption services, as defined by Section 2.24 of the
18Child Care Act of 1969; shall comply with Section 12C-70 of the
19Criminal Code of 2012; and shall provide all of the following
20to the Department:
21        (1) A copy of the agency's current license or other
22    form of authorization from the approving authority in the
23    agency's state. If no license or authorization is issued,
24    the agency must provide a reference statement, from the
25    approving authority, stating that the agency is authorized
26    to place children in foster care or adoption or both in its

 

 

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1    jurisdiction.
2        (2) A description of the program, including home
3    studies, placements, and supervisions, that the child
4    placing agency conducts within its geographical area, and,
5    if applicable, adoptive placements and the finalization of
6    adoptions. The child placing agency must accept continued
7    responsibility for placement planning and replacement if
8    the placement fails.
9        (3) Notification to the Department of any significant
10    child placing agency changes after approval.
11        (4) Any other information the Department may require.
12    The rules shall also provide that any agency that places
13children for adoption in this State may not, in any policy or
14practice relating to the placement of children for adoption,
15discriminate against any child or prospective adoptive parent
16on the basis of race.
17    (a-5) (Blank).
18    (b) Interstate Adoptions.
19        (1) All interstate adoption placements under this Act
20    shall comply with the Child Care Act of 1969 and the
21    Interstate Compact on the Placement of Children. The
22    placement of children with relatives by the Department of
23    Children and Family Services shall also comply with
24    subsection (b) of Section 7 of the Children and Family
25    Services Act.
26        (2) If an adoption is finalized prior to bringing or

 

 

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1    sending a child to this State, compliance with the
2    Interstate Compact on the Placement of Children is not
3    required.
4    (c) Intercountry Adoptions. (1) The adoption of a child, if
5the child is a habitual resident of a country other than the
6United States and the petitioner is a habitual resident of the
7United States, or, if the child is a habitual resident of the
8United States and the petitioner is a habitual resident of a
9country other than the United States, shall comply with the
10Intercountry Adoption Act of 2000, as amended, and the
11Immigration and Nationality Act, as amended. In the case of an
12intercountry adoption that requires oversight by the adoption
13services governed by the Intercountry Adoption Universal
14Accreditation Act of 2012, this State shall not impose any
15additional preadoption requirements.
16        (2) The Department of Children and Family Services
17    shall maintain the office of Intercountry Adoption
18    Coordinator in order to maintain and protect the rights of
19    prospective adoptive parents and children participating in
20    an intercountry adoption and shall develop ongoing
21    programs of support and services to such prospective
22    adoptive parents and children.
23        (3) In the case of an intercountry adoption of a child
24    by an Illinois resident, the Department shall promulgate
25    rules concerning preadoption requirements, which shall
26    include, but not be limited to, requirements relating to

 

 

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

 

 

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1    that more information is required before any determination
2    can be made with respect to compliance with the preadoption
3    requirements, the Intercountry Adoption Coordinator shall,
4    within 7 days of receipt of the home study, provide notice
5    describing the additional information, via facsimile or
6    through electronic communication, to the licensed child
7    welfare agency and the adoptive parent. Within 21 days of
8    receipt of the additional information, the Intercountry
9    Adoption Coordinator shall provide the child welfare
10    agency with an endorsement letter or a denial letter. The
11    Intercountry Adoption Coordinator shall mail a copy of the
12    endorsement letter or denial letter to the prospective
13    adoptive parent at the same time that the Intercountry
14    Adoption Coordinator provides the letter to the child
15    welfare agency.
16        (6) If the Intercountry Adoption Coordinator issues a
17    denial letter, a prospective adoptive parent shall have the
18    right to a review. The Intercountry Adoption Coordinator
19    shall include in its denial letter notification advising
20    the prospective adoptive parent of the right to seek a
21    review, by the Director of the Department, of the
22    determination, if requested in writing within 30 days of
23    receipt of the denial letter. Failure to submit such a
24    request within 30 days waives the prospective parent's
25    right to a review.
26            (i) The review by the Director shall include, but

 

 

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

 

 

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1    shall provide a report to the General Assembly, on an
2    annual basis for the preceding year, beginning on September
3    1 of each year after the effective date of this amendatory
4    Act of the 98th General Assembly. The report shall provide
5    non-identifying statistical data on the endorsement and
6    denial letters and the requests for review of denial
7    letters and shall contain, but not limited to, the
8    following:
9            (i) the number of endorsement letters issued by the
10        Intercountry Adoption Coordinator;
11            (ii) the number of denial letters issued by the
12        Intercountry Adoption Coordinator;
13            (iii) the number of requests for review of denial
14        letters;
15            (iv) the number of denial letter reviews which
16        resulted in a reversal by the Director and an
17        endorsement letter being issued; and
18            (v) the basis of each denial letter and the basis
19        of each reversal of the denial letter in a particular
20        case.
21    (d) (Blank).
22    (e) Re-adoption after an intercountry adoption.
23        (1) Any time after a minor child has been adopted in a
24    foreign country and has immigrated to the United States,
25    the adoptive parent or parents of the child may petition
26    the court for a judgment of adoption to re-adopt the child

 

 

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1    and confirm the foreign adoption decree.
2        (2) The petitioner must submit to the court one or more
3    of the following to verify the foreign adoption:
4            (i) an immigrant visa for the child issued by
5        United States Citizenship and Immigration Services of
6        the U.S. Department of Homeland Security that was valid
7        at the time of the child's immigration;
8            (ii) a decree, judgment, certificate of adoption,
9        adoption registration, or equivalent court order,
10        entered or issued by a court of competent jurisdiction
11        or administrative body outside the United States,
12        establishing the relationship of parent and child by
13        adoption; or
14            (iii) such other evidence deemed satisfactory by
15        the court.
16        (3) The child's immigrant visa shall be prima facie
17    proof that the adoption was established in accordance with
18    the laws of the foreign jurisdiction and met United States
19    requirements for immigration.
20        (4) If the petitioner submits documentation that
21    satisfies the requirements of paragraph (2), the court
22    shall not appoint a guardian ad litem for the minor who is
23    the subject of the proceeding, shall not require any
24    further termination of parental rights of the child's
25    biological parents, nor shall it require any home study,
26    investigation, post-placement visit, or background check

 

 

HB3079 Enrolled- 32 -LRB099 08115 HEP 28264 b

1    of the petitioner.
2        (5) The petition may include a request for change of
3    the child's name and any other request for specific relief
4    that is in the best interests of the child. The relief may
5    include a request for a revised birth date for the child if
6    supported by evidence from a medical or dental professional
7    attesting to the appropriate age of the child or other
8    collateral evidence.
9        (6) Two adoptive parents who adopted a minor child
10    together in a foreign country while married to one another
11    may file a petition for adoption to re-adopt the child
12    jointly, regardless of whether their marriage has been
13    dissolved. If either parent whose marriage was dissolved
14    has subsequently remarried or entered into a civil union
15    with another person, the new spouse or civil union partner
16    shall not join in the petition to re-adopt the child,
17    unless the new spouse or civil union partner is seeking to
18    adopt the child. If either adoptive parent does not join in
19    the petition, he or she must be joined as a party
20    defendant. The defendant parent's failure to participate
21    in the re-adoption proceeding shall not affect the existing
22    parental rights or obligations of the parent as they relate
23    to the minor child, and the parent's name shall be placed
24    on any subsequent birth record issued for the child as a
25    result of the re-adoption proceeding.
26        (7) An adoptive parent who adopted a minor child in a

 

 

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1    foreign country as an unmarried person may file a petition
2    for adoption to re-adopt the child as a sole petitioner,
3    even if the adoptive parent has subsequently married or
4    entered into a civil union.
5        (8) If one of the adoptive parents who adopted a minor
6    child dies prior to a re-adoption proceeding, the deceased
7    parent's name shall be placed on any subsequent birth
8    record issued for the child as a result of the re-adoption
9    proceeding.
10(Source: P.A. 98-455, eff. 1-1-14.)
 
11    (750 ILCS 50/5)  (from Ch. 40, par. 1507)
12    Sec. 5. Petition, contents, verification, filing.
13    A. A proceeding to adopt a child, other than a related
14child, shall be commenced by the filing of a petition within 30
15days after such child has become available for adoption,
16provided that such petition may be filed at a later date by
17leave of court upon a showing that the failure to file such
18petition within such 30 day period was not due to the
19petitioners' culpable negligence or their wilful disregard of
20the provisions of this Section. In the case of a child born
21outside the United States or a territory thereof, if the
22prospective adoptive parents of such child have been appointed
23guardians of such child by a court of competent jurisdiction in
24a country other than the United States or a territory thereof,
25such parents shall file a petition as provided in this Section

 

 

HB3079 Enrolled- 34 -LRB099 08115 HEP 28264 b

1within 30 days after entry of the child into the United States.
2A petition to adopt an adult or a related child may be filed at
3any time. A petition for adoption may include more than one
4person sought to be adopted.
5    B. A petition to adopt a child other than a related child
6shall state:
7        (a) The full names of the petitioners and, if minors,
8    their respective ages;
9        (b) The place of residence of the petitioners and the
10    length of residence of each in the State of Illinois
11    immediately preceding the filing of the petition;
12        (c) When the petitioners acquired, or intend to
13    acquire, custody of the child, and the name and address of
14    the persons or agency from whom the child was or will be
15    received;
16        (d) The name, the place and date of birth if known, and
17    the sex of the child sought to be adopted;
18        (e) The relationship, if any, of the child to each
19    petitioner;
20        (f) The names, if known, and the place of residence, if
21    known, of the parents; and whether such parents are minors,
22    or otherwise under any legal disability. The names and
23    addresses of the parents shall be omitted and they shall
24    not be made parties defendant to the petition if (1) the
25    rights of the parents have been terminated by a court of
26    competent jurisdiction, or (2) the child has been

 

 

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1    surrendered to an agency, or (3) the parent or parents have
2    been served with the notice provided in Section 12a of this
3    Act and said parent or parents have filed a disclaimer of
4    paternity as therein provided or have failed to file such
5    declaration of paternity or a request for notice as
6    provided in said Section, or (4) the parent is a putative
7    father or legal father of the child who has waived his
8    parental rights by signing a waiver as provided in
9    subsection S of Section 10;
10        (g) If it is alleged that the child has no living
11    parent, then the name of the guardian, if any, of such
12    child and the court which appointed such guardian;
13        (h) If it is alleged that the child has no living
14    parent and that no guardian of such child is known to
15    petitioners, then the name of a near relative, if known,
16    shall be set forth, or an allegation that no near relative
17    is known and on due inquiry cannot be ascertained by
18    petitioners;
19        (i) The name to be given the child or adult;
20        (j) That the person or agency, having authority to
21    consent under Section 8 of this Act, has consented, or has
22    indicated willingness to consent, to the adoption of the
23    child by the petitioners, or that the person having
24    authority to consent is an unfit person and the ground
25    therefor, or that no consent is required under paragraph
26    (f) of Section 8 of this Act;

 

 

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1        (k) Whatever orders, judgments or decrees have
2    heretofore been entered by any court affecting (1) adoption
3    or custody of the child, or (2) the adoptive, custodial or
4    parental rights of either petitioner, including the prior
5    denial of any petition for adoption pertaining to such
6    child, or to the petitioners, or either of them.
7    C. A petition to adopt a related child shall include the
8information specified in sub-paragraphs (a), (b), (d), (e),
9(f), (i) and (k) of paragraph B and a petition to adopt an
10adult shall contain the information required by sub-paragraphs
11(a), (b) and (i) of paragraph B in addition to the name, place,
12date of birth and sex of such adult.
13    D. The petition shall be verified by the petitioners.
14    E. Upon the filing of the petition the petitioners shall
15furnish the Clerk of the Court in which the petition is pending
16such information not contained in such petition as shall be
17necessary to enable the Clerk of such Court to complete a
18certificate of adoption as hereinafter provided.
19    F. A petition for standby adoption shall conform to the
20requirements of this Act with respect to petition contents,
21verification, and filing. The petition for standby adoption
22shall also state the facts concerning the consent of the
23child's parent to the standby adoption. A petition for standby
24adoption shall include the information in paragraph B if the
25petitioner seeks to adopt a child other than a related child. A
26petition for standby adoption shall include the information in

 

 

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1paragraph C if the petitioner seeks to adopt a related child or
2adult.
3    G. A petition for adoption to re-adopt a child after an
4intercountry adoption shall include the information specified
5in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of
6paragraph B.
7(Source: P.A. 97-493, eff. 8-22-11.)
 
8    (750 ILCS 50/13)  (from Ch. 40, par. 1516)
9    Sec. 13. Interim order. As soon as practicable after the
10filing of a petition for adoption the court shall hold a
11hearing for the following purposes:
12    A. In other than an adoption of a related child or an
13adoption through an agency, or of an adult:
14        (a) To determine the validity of the consent, provided
15    that the execution of a consent pursuant to this Act shall
16    be prima facie evidence of its validity, and provided that
17    the validity of a consent shall not be affected by the
18    omission therefrom of the names of the petitioners or
19    adopting parents at the time the consent is executed or
20    acknowledged, and further provided that the execution of a
21    consent prior to the filing of a petition for adoption
22    shall not affect its validity.
23        (b) To determine whether there is available suitable
24    temporary custodial care for a child sought to be adopted.
25    B. In all cases except standby adoptions and re-adoptions:

 

 

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1        (a) The court shall appoint some licensed attorney
2    other than the State's attorney acting in his or her
3    official capacity as guardian ad litem to represent a child
4    sought to be adopted. Such guardian ad litem shall have
5    power to consent to the adoption of the child, if such
6    consent is required.
7        (b) The court shall appoint a guardian ad litem for all
8    named minors or defendants who are persons under legal
9    disability, if any.
10        (c) If the petition alleges a person to be unfit
11    pursuant to the provisions of subparagraph (p) of paragraph
12    D of Section 1 of this Act, such person shall be
13    represented by counsel. If such person is indigent or an
14    appearance has not been entered on his behalf at the time
15    the matter is set for hearing, the court shall appoint as
16    counsel for him either the Guardianship and Advocacy
17    Commission, the public defender, or, only if no attorney
18    from the Guardianship and Advocacy Commission or the public
19    defender is available, an attorney licensed to practice law
20    in this State.
21        (d) If it is proved to the satisfaction of the court,
22    after such investigation as the court deems necessary, that
23    termination of parental rights and temporary commitment of
24    the child to an agency or to a person deemed competent by
25    the court, including petitioners, will be for the welfare
26    of the child, the court may order the child to be so

 

 

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

 

 

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1    than a parent or legal guardian, the court may enter an
2    order of temporary custody which shall expire not more than
3    10 days after its entry. Every ex parte custody order
4    granted without notice shall state the injury which the
5    court sought to avoid by granting the order, the
6    irreparable injury that would have occurred had notice been
7    given, and the reason the order was granted without notice.
8    The matter shall be set down for full hearing before the
9    expiration of the ex parte order and will be heard after
10    service of summons is had upon and notice of hearing is
11    given to the parent or parents or legal guardian. At the
12    hearing the burden of proof shall be upon the party seeking
13    to extend the interim custody order to show that the order
14    was properly granted without notice and that custody should
15    remain with the party seeking to adopt during the pendency
16    of the adoption proceeding. If the interim custody order is
17    extended, the reasons for granting the extension shall be
18    stated in the order.
19    C. In the case of a child born outside the United States or
20a territory thereof, if the petitioners have previously been
21appointed guardians of such child by a court of competent
22jurisdiction in a country other than the United States or a
23territory thereof, the court may order that the petitioners
24continue as guardians of such child.
25    D. In standby adoption cases:
26        (a) The court shall appoint a licensed attorney other

 

 

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1    than the State's Attorney acting in his or her official
2    capacity as guardian ad litem to represent a child sought
3    to be adopted. The guardian ad litem shall have power to
4    consent to the adoption of the child, if consent is
5    required.
6        (b) The court shall appoint a guardian ad litem for all
7    named minors or defendants who are persons under legal
8    disability, if any.
9        (c) The court lacks jurisdiction to proceed on the
10    petition for standby adoption if the child has a living
11    parent, adoptive parent, or adjudicated parent whose
12    rights have not been terminated and whose whereabouts are
13    known, unless the parent consents to the standby adoption
14    or, after receiving notice of the hearing on the standby
15    adoption petition, fails to object to the appointment of a
16    standby adoptive parent at the hearing on the petition.
17        (d) The court shall investigate as needed for the
18    welfare of the child and shall determine whether the
19    petitioner or petitioners shall be permitted to adopt.
20(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,
21eff. 1-1-00.)
 
22    (750 ILCS 50/18.9 new)
23    Sec. 18.9. Post-placement and post-adoption support
24services.
25    (a) It is the public policy of this State to find

 

 

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1permanency for children through adoption and to prevent
2placement disruption, adoption dissolution, and secondary
3placement. Access to post-placement and post-adoption support
4services to provide support and resources for wards of the
5State, foster families, and adoptive families is essential to
6promote permanency. Public awareness of post-placement and
7post-adoption services and the ability of families to utilize
8effective services are essential to permanency.
9    (b) The Department shall establish and maintain
10post-placement and post-adoption support services.
11    (c) The Department shall post information about the
12Department's post-placement and post-adoption support services
13on the Department's website and shall provide the information
14to every licensed child welfare agency, every out of State
15placement agency or entity approved under Section 4.1 of this
16Act, and any entity providing adoption support services in the
17Illinois courts. The Department's post-placement and
18post-adoption support services shall be referenced in
19information regarding adoptive parents' rights and
20responsibilities that the Department publishes and provides to
21adoptive parents under this Act. The Department shall establish
22and maintain a toll-free number to advise the public about its
23post-placement and post-adoption support services and post the
24number on its website.
25    (d) Every licensed child welfare agency, every entity
26approved under Section 4.1 of this Act, and any entity

 

 

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1providing adoption support services in the Illinois courts
2shall provide the Department's website address and link to the
3Department's post-placement and post-adoption services
4information set forth in subsection (c) of this Section,
5including the Department's toll-free number, to every adoptive
6parent with whom they work in Illinois. This information shall
7be provided prior to placement.
8    (e) Beginning one year after the effective date of this
9amendatory Act of the 99th General Assembly, the Department
10shall report annually to the General Assembly on January 15 the
11following information for the preceding year:
12        (1) a description of all post-placement and
13    post-adoption support services the Department provides;
14        (2) without identifying the names of the recipients of
15    the services, the number of foster parents, prospective
16    adoptive parents, and adoptive families in Illinois who
17    have received the Department's post-placement and
18    post-adoption support services and the type of services
19    provided;
20        (3) the number of families who have contacted the
21    Department about its post-placement and post-adoption
22    services due to a potential placement disruption, adoption
23    dissolution, secondary placement, or unregulated
24    placement, but for whom the Department declined to provide
25    post-placement and post-adoption support services and the
26    reasons that services were denied; and

 

 

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1        (4) the number of placement disruptions, adoption
2    dissolutions, unregulated placements, and secondary
3    placements, and for each one:
4            (A) the type of placement or adoption, including
5        whether the child who was the subject of the placement
6        was a ward of the Department, and if the child was not
7        a ward, whether the adoption was a private, agency,
8        agency-assisted, interstate, or intercountry adoption;
9            (B) if the placement or adoption was intercountry,
10        the country of birth of the child;
11            (C) whether the child who was the subject of the
12        placement disruption, adoption dissolution,
13        unregulated placement, or secondary placement entered
14        State custody;
15            (D) the length of the placement prior to the
16        placement disruption, adoption dissolution,
17        unregulated placement, or secondary placement;
18            (E) the age of the child at the time of the
19        placement disruption, adoption dissolution,
20        unregulated placement, or secondary placement;
21            (F) the reason, if known, for the placement
22        disruption, adoption dissolution, unregulated
23        placement, or secondary placement; and
24            (G) if a licensed child welfare agency or any
25        approved out of State placing entity participated in
26        the initial placement, and, if applicable, the name of

 

 

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1        the agency or approved out of State placing entity.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.