Full Text of HB1429 94th General Assembly
HB1429 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1429
Introduced 2/10/2005, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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750 ILCS 50/6 |
from Ch. 40, par. 1508 |
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Amends the Adoption Act. Provides that, as part of the investigation process, the court-appointed investigator shall present to the petitioner a Future Guardianship Designee Form and information regarding guardianship so that the petitioner can include guardianship designation in the adoption process if the petitioner so chooses. Creates the Future Nomination of Guardian Form.
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A BILL FOR
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HB1429 |
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LRB094 08433 LCB 38636 b |
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| AN ACT concerning families.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by changing Section | 5 |
| 6 as follows:
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| (750 ILCS 50/6) (from Ch. 40, par. 1508)
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| Sec. 6. Investigation.
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| A. Investigation; all cases. Within 10 days after the | 9 |
| filing of
a petition for the adoption or standby adoption of a | 10 |
| child other than a related
child, the
court shall appoint a | 11 |
| child welfare agency approved by the Department of
Children and | 12 |
| Family Services, or a person deemed competent by the court, or
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| in
Cook County the Court Services Division of the Cook County | 14 |
| Department of
Public Aid, or the Department of Children and | 15 |
| Family Services if the court
determines that no child welfare | 16 |
| agency is available or that the petitioner
is financially | 17 |
| unable to pay for the investigation, to investigate
accurately, | 18 |
| fully and promptly, the allegations contained in the petition;
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| the character, reputation, health and general standing in the | 20 |
| community of
the petitioners; the religious faith of the | 21 |
| petitioners and, if
ascertainable, of the child sought to be | 22 |
| adopted; and whether the
petitioners are proper persons to | 23 |
| adopt the child and whether the child is
a proper subject of | 24 |
| adoption. The investigation required under this Section
shall | 25 |
| include a fingerprint based criminal background check with a | 26 |
| review
of fingerprints by the Illinois State Police and Federal | 27 |
| Bureau of
Investigation.
Each petitioner subject to this | 28 |
| investigation, shall submit his or her
fingerprints to the
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| Department
of State Police in the form and manner prescribed by | 30 |
| the Department of State
Police. These fingerprints shall be | 31 |
| checked against the fingerprint records
now and hereafter filed | 32 |
| in the Department of State
Police and Federal Bureau of |
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| Investigation criminal history records
databases. The | 2 |
| Department of State Police shall charge
a fee for conducting | 3 |
| the criminal history records check, which shall be
deposited in | 4 |
| the State Police Services Fund and shall not exceed the actual
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| cost of the records check.
The criminal background check | 6 |
| required by
this Section shall include a listing of when, where | 7 |
| and by whom the criminal
background check was prepared. The | 8 |
| criminal background check required by this
Section shall not be | 9 |
| more than two years old.
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| Neither a clerk of the circuit court nor a judge may | 11 |
| require that a
criminal
background check or fingerprint review | 12 |
| be filed with, or at the same time as,
an initial petition for | 13 |
| adoption.
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| A-5. As part of the investigation process, the | 15 |
| court-appointed investigator shall present to the petitioner a | 16 |
| Future Guardianship Designee Form and information regarding | 17 |
| guardianship so that the petitioner can include guardianship | 18 |
| designation in the adoption process if the petitioner so | 19 |
| chooses.
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| A-7. The following form shall be known as the "Future | 21 |
| Nomination of Guardian" and shall be used as provided for in | 22 |
| subsection A-5 of this Section.
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| "Future Nomination of Guardian
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| I, .................., currently residing at | 25 |
| .................., am the prospective adoptive parent of ........born on | 26 |
| ........in ...........................................................
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| I hereby nominate the following person/s as the future guardian | 28 |
| for my child: | 29 |
| ..............................................................
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| This nomination should become effective (check one): | 31 |
| .....On the date that I state in writing that I am no | 32 |
| longer either willing or able to make and carry out day-to-day | 33 |
| child care decision concerning my child.
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| .....On the date that I am admitted as in in-patient to a | 2 |
| hospital or other health care institution.
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| .....On the date that a physician familiar with my | 4 |
| condition certifies in writing that I am no longer willing or | 5 |
| able to make and carry out day-to-day child care decisions | 6 |
| concerning my child.
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| .....On the date of my death.
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| .....Other. ..............................
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| This nomination of guardianship shall only become possible upon | 10 |
| the finalization of the adoption of my above-named child. | 11 |
| Signed:.................. Date:.........................
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| Witnesses: | 13 |
| I saw the proposed adoptive parent/s named above sign this | 14 |
| instrument. Then I signed this instrument as a witness in the | 15 |
| presence of the parent/s. I am not nominated in this instrument | 16 |
| to act as the guardian for the child. | 17 |
| Signature, name and address of the witness: | 18 |
| ...................................... | 19 |
| ...................................... | 20 |
| ...................................... | 21 |
| I saw the proposed adoptive parent/s named above sign this | 22 |
| instrument. Then I signed this instrument as a witness in the | 23 |
| presence of the parent/s. I am not nominated in this instrument | 24 |
| to act as the guardian for the child. | 25 |
| Signature, name and address of the witness: | 26 |
| ...................................... | 27 |
| ...................................... | 28 |
| ......................................" | 29 |
| B. Investigation; foreign-born child. In the case of a | 30 |
| child born
outside the United States or a territory thereof, in | 31 |
| addition to the
investigation required under subsection (A) of | 32 |
| this Section, a
post-placement investigation shall be |
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| conducted in accordance with the
requirements of the Child Care | 2 |
| Act of 1969, the Interstate Compact on the
Placement of | 3 |
| Children, and regulations of the foreign placing agency and
the | 4 |
| supervising agency.
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| The requirements of a post-placement investigation shall | 6 |
| be deemed to
have been satisfied if a valid final order or | 7 |
| judgment of adoption has
been entered by a court of competent | 8 |
| jurisdiction in a country other than
the United States or a | 9 |
| territory thereof with respect to such child and
the | 10 |
| petitioners.
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| C. Report of investigation. The court shall determine | 12 |
| whether the costs of
the investigation shall be charged to the | 13 |
| petitioners. The information obtained
as a result of such | 14 |
| investigation shall be presented to the court in a written
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| report. The results of the criminal background check required | 16 |
| under subsection
(A) shall be provided to the court for its | 17 |
| review. The court may, in its
discretion, weigh the | 18 |
| significance of the results of the criminal background
check | 19 |
| against the entirety of the background of the petitioners. The | 20 |
| Court, in
its discretion, may accept the report of the | 21 |
| investigation previously made by a
licensed child welfare | 22 |
| agency, if made within one year prior to the entry of
the | 23 |
| judgment. Such report shall be treated as confidential and | 24 |
| withheld from
inspection unless findings adverse to the | 25 |
| petitioners or to the child sought to
be adopted are contained | 26 |
| therein, and in that event the court shall inform the
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| petitioners of the relevant portions pertaining to the adverse | 28 |
| findings. In no
event shall any facts set forth in the report | 29 |
| be considered at the hearing of
the proceeding, unless | 30 |
| established by competent evidence. The report shall be
filed | 31 |
| with the record of the proceeding. If the file relating to the
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| proceeding is not impounded, the report shall be impounded by | 33 |
| the clerk of the
court and shall be made available for | 34 |
| inspection only upon order of the court.
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| D. Related adoption. Such investigation shall not be made | 36 |
| when the
petition seeks to adopt a related child or an adult |
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| unless the court, in
its discretion, shall so order. In such an | 2 |
| event the court may appoint a
person deemed competent by the | 3 |
| court.
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| (Source: P.A. 93-418, eff. 1-1-04.)
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