Full Text of HB3628 94th General Assembly
HB3628ham001 94TH GENERAL ASSEMBLY
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Rep. Sara Feigenholtz
Filed: 4/5/2005
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| AMENDMENT TO HOUSE BILL 3628
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| AMENDMENT NO. ______. Amend House Bill 3628 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Child Care Act of 1969 is amended by | 5 |
| changing Sections 2, 2.05, 2.08, 4, 7, 8, 11, 11.1, and 12 and | 6 |
| by adding Sections 2.24, 2.25, 7.4, 7.5, 7.6, 7.7, 7.8, 8.3, | 7 |
| 8.4, 9.1a, 9.1b, 14.6, and 14.7 as follows:
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| (225 ILCS 10/2) (from Ch. 23, par. 2212)
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| Sec. 2. Terms used in this Act, unless the context | 10 |
| otherwise requires,
have the meanings ascribed to them in | 11 |
| Sections 2.01 through 2.25
2.21 .
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| (Source: P.A. 86-278; 86-386.)
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| (225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
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| Sec. 2.05. "Facility for child care" or "child care | 15 |
| facility" means any
person, group of persons, agency, | 16 |
| association ,
or organization, corporation, institution, | 17 |
| center, or group,
whether
established for gain or otherwise, | 18 |
| who or which receives or arranges for care
or placement of one | 19 |
| or more children, unrelated to the operator of the
facility, | 20 |
| apart from the parents, with or without the transfer of the | 21 |
| right of
custody in any facility as defined in this Act, | 22 |
| established and maintained for
the care of children. "Child | 23 |
| care facility" includes a relative who is
licensed as a foster |
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| family home under Section 4 of this Act.
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| (Source: P.A. 89-21, eff. 7-1-95.)
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| (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
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| Sec. 2.08.
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| "Child welfare agency" means a public or private child care | 6 |
| facility,
receiving any child or children for the purpose of | 7 |
| placing or arranging for
the placement or free care of the | 8 |
| child or children in foster family homes , unlicensed | 9 |
| pre-adoptive and adoptive homes, or other
facilities for child | 10 |
| care, apart from the custody of the child's or
children's | 11 |
| parents. The term "child welfare agency" includes all agencies
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| established and maintained by a municipality or other political | 13 |
| subdivision
of the State of Illinois to protect, guard, train | 14 |
| or care for children
outside their own homes and all agencies, | 15 |
| persons, groups of persons, associations, organizations, | 16 |
| corporations, institutions, centers, or groups providing | 17 |
| adoption services , but does not include any circuit court or | 18 |
| duly
appointed juvenile probation officer or youth counselor of | 19 |
| the court , who
receives and places children under an order of | 20 |
| the court.
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| (Source: P.A. 76-63.)
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| (225 ILCS 10/2.24 new) | 23 |
| Sec. 2.24. "Adoption services" includes any one or more of | 24 |
| the following services performed for any type of compensation | 25 |
| or thing of value, directly or indirectly: (i) arranging for | 26 |
| the placement of or placing out a child, (ii) identifying a | 27 |
| child for adoption, (iii) matching adoptive parents with birth | 28 |
| parents, (iv) arranging or facilitating an adoption, (v) taking | 29 |
| or acknowledging consents or surrenders for termination of | 30 |
| parental rights for purposes of adoption, as defined in the | 31 |
| Adoption Act, (vi) performing background studies on a child or | 32 |
| adoptive parents, (vii) making determinations of the best |
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| interests of a child and the appropriateness of adoptive | 2 |
| placement for the child, or (viii) post-placement monitoring of | 3 |
| a child prior to adoption. "Adoption services" does not include | 4 |
| the following: (i) the provision of legal services by a | 5 |
| licensed attorney for which the attorney must be licensed as an | 6 |
| attorney under Illinois law, (ii) adoption-related services | 7 |
| performed by public governmental entities or entities or | 8 |
| persons performing investigations by court appointment as | 9 |
| described in subsection A of Section 6 of the Adoption Act, | 10 |
| (iii) prospective adoptive parents operating on their own | 11 |
| behalf,
(iv) the provision of general education and training on | 12 |
| adoption-related topics, or (v) post-adoption services, | 13 |
| including supportive services to families to promote the | 14 |
| well-being of members of adoptive families or birth families. | 15 |
| (225 ILCS 10/2.25 new)
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| Sec. 2.25. "Unlicensed pre-adoptive and adoptive home" | 17 |
| means any home that is not licensed by the Department as a | 18 |
| foster family home and that receives a child or children for | 19 |
| the purpose of adopting the child or children.
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| (225 ILCS 10/4) (from Ch. 23, par. 2214)
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| Sec. 4. License requirement; application; notice.
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| (a) Any person, group of persons or corporation who or | 23 |
| which
receives children or arranges for care or placement of | 24 |
| one or more
children unrelated to the operator must apply for a | 25 |
| license to operate
one of the types of facilities defined in | 26 |
| Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 27 |
| relative who receives a child or children for placement by the
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| Department on a full-time basis may apply for a license to | 29 |
| operate a foster
family home as defined in Section 2.17 of this | 30 |
| Act.
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| (a-5) Any agency, person, group of persons, association, | 32 |
| organization, corporation, institution, center, or group |
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| providing adoption services must be licensed by the Department | 2 |
| as a child welfare agency as defined in Section 2.08 of this | 3 |
| Act. "Providing adoption services" as used in this Act, | 4 |
| includes facilitating or engaging in adoption services.
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| (b) Application for a license
to operate a child care | 6 |
| facility must be made to the Department in the manner
and on | 7 |
| forms prescribed by it. An application to operate a foster | 8 |
| family home
shall include, at a minimum: a completed written | 9 |
| form; written authorization by
the applicant and all adult | 10 |
| members of the applicant's household to conduct a
criminal | 11 |
| background investigation; medical evidence in the form of a | 12 |
| medical
report, on forms prescribed by the Department, that the | 13 |
| applicant and all
members of the household are free from | 14 |
| communicable diseases or physical and
mental conditions that | 15 |
| affect their ability to provide care for the child or
children; | 16 |
| the names and addresses of at least 3 persons not related to | 17 |
| the
applicant who can attest to the applicant's moral | 18 |
| character; and fingerprints
submitted by the applicant and all | 19 |
| adult members of the applicant's household.
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| (c) The Department shall notify the public when a child | 21 |
| care institution,
maternity center, or group home licensed by | 22 |
| the Department undergoes a change
in (i) the range of care or | 23 |
| services offered at the facility, (ii) the age or
type of | 24 |
| children served, or (iii) the area within the facility used by
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| children. The Department shall notify the public of the change | 26 |
| in a newspaper
of general
circulation in the county or | 27 |
| municipality in which the applicant's facility is
or is | 28 |
| proposed to be located.
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| (d) If, upon examination of the facility and investigation | 30 |
| of persons
responsible
for care of children, the Department is | 31 |
| satisfied that the facility and
responsible persons reasonably | 32 |
| meet standards prescribed for the type of
facility for which | 33 |
| application is made, it shall issue a license in proper
form, | 34 |
| designating on that license the type of child care facility |
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| and, except
for a child welfare agency, the number of children | 2 |
| to be served at any one
time.
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| (e) The Department shall not issue or renew the license of | 4 |
| any child welfare agency providing adoption services, unless | 5 |
| the agency (i) is officially recognized by the United States | 6 |
| Internal Revenue Service as a tax-exempt organization | 7 |
| described in Section 501(c)(3) of the Internal Revenue Code of | 8 |
| 1986 (or any successor provision of federal tax law) and (ii) | 9 |
| is in compliance with all of the standards necessary to | 10 |
| maintain its status as an organization described in Section | 11 |
| 501(c)(3) of the Internal Revenue Code of 1986 (or any | 12 |
| successor provision of federal tax law). The Department shall | 13 |
| grant a grace period of 24 months from the effective date of | 14 |
| this amendatory Act of the 94th General Assembly for existing | 15 |
| child welfare agencies providing adoption services to obtain | 16 |
| 501(c)(3) status. The Department shall permit an existing child | 17 |
| welfare agency that converts from its current structure in | 18 |
| order to be recognized as a 501(c)(3) organization as required | 19 |
| by this Section to either retain its current license or | 20 |
| transfer its current license to a newly formed entity, if the | 21 |
| creation of a new entity is required in order to comply with | 22 |
| this Section, provided that the child welfare agency | 23 |
| demonstrates that it continues to meet all other licensing | 24 |
| requirements and that the principal officers and directors and | 25 |
| programs of the converted child welfare agency or newly | 26 |
| organized child welfare agency are substantially the same as | 27 |
| the original.
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| (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97; 90-608, | 29 |
| eff. 6-30-98.)
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| (225 ILCS 10/7) (from Ch. 23, par. 2217)
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| Sec. 7. (a) The Department must prescribe and publish | 32 |
| minimum standards
for licensing that apply to the various types | 33 |
| of facilities for child care
defined in this Act and that are |
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| equally applicable to like institutions
under the control of | 2 |
| the Department and to foster family homes used by and
under the | 3 |
| direct supervision of the Department. The Department shall seek
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| the advice and assistance of persons representative of the | 5 |
| various types of
child care facilities in establishing such | 6 |
| standards. The standards
prescribed and published under this | 7 |
| Act take effect as provided in the
Illinois Administrative | 8 |
| Procedure Act, and are restricted to
regulations pertaining to | 9 |
| the following matters and to any rules and regulations required | 10 |
| or permitted by any other Section of this Act :
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| (1) The operation and conduct of the facility and | 12 |
| responsibility it
assumes for child care;
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| (2) The character, suitability and qualifications of | 14 |
| the applicant and
other persons directly responsible for | 15 |
| the care and welfare of children
served. All child day care | 16 |
| center licensees and employees who are required
to
report | 17 |
| child abuse or neglect under the Abused and Neglected Child | 18 |
| Reporting
Act shall be required to attend training on | 19 |
| recognizing child abuse and
neglect, as prescribed by | 20 |
| Department rules;
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| (3) The general financial ability and competence of the | 22 |
| applicant to
provide necessary care for children and to | 23 |
| maintain prescribed standards;
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| (4) The number of individuals or staff required to | 25 |
| insure adequate
supervision and care of the children | 26 |
| received. The standards shall provide
that each child care | 27 |
| institution, maternity center, day care center,
group | 28 |
| home, day care home, and group day care home shall have on | 29 |
| its
premises during its hours of operation at
least one | 30 |
| staff member certified in first aid, in the Heimlich | 31 |
| maneuver and
in cardiopulmonary resuscitation by the | 32 |
| American Red Cross or other
organization approved by rule | 33 |
| of the Department. Child welfare agencies
shall not be | 34 |
| subject to such a staffing requirement. The Department may
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| offer, or arrange for the offering, on a periodic basis in | 2 |
| each community
in this State in cooperation with the | 3 |
| American Red Cross, the American
Heart Association or other | 4 |
| appropriate organization, voluntary programs to
train | 5 |
| operators of foster family homes and day care homes in | 6 |
| first aid and
cardiopulmonary resuscitation;
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| (5) The appropriateness, safety, cleanliness and | 8 |
| general adequacy of the
premises, including maintenance of | 9 |
| adequate fire prevention and health
standards conforming | 10 |
| to State laws and municipal codes to provide for the
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| physical comfort, care and well-being of children | 12 |
| received;
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| (6) Provisions for food, clothing, educational | 14 |
| opportunities, program,
equipment and individual supplies | 15 |
| to assure the healthy physical, mental
and spiritual | 16 |
| development of children served;
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| (7) Provisions to safeguard the legal rights of | 18 |
| children served;
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| (8) Maintenance of records pertaining to the | 20 |
| admission, progress, health
and discharge of children, | 21 |
| including, for day care centers and day care
homes, records | 22 |
| indicating each child has been immunized as required by | 23 |
| State
regulations. The Department shall require proof that | 24 |
| children enrolled in
a facility have been immunized against | 25 |
| Haemophilus Influenzae B (HIB);
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| (9) Filing of reports with the Department;
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| (10) Discipline of children;
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| (11) Protection and fostering of the particular
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| religious faith of the children served;
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| (12) Provisions prohibiting firearms on day care | 31 |
| center premises
except in the possession of peace officers;
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| (13) Provisions prohibiting handguns on day care home | 33 |
| premises except in
the possession of peace officers or | 34 |
| other adults who must possess a handgun
as a condition of |
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| employment and who reside on the premises of a day care | 2 |
| home;
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| (14) Provisions requiring that any firearm permitted | 4 |
| on day care home
premises, except handguns in the | 5 |
| possession of peace officers, shall be
kept in a | 6 |
| disassembled state, without ammunition, in locked storage,
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| inaccessible to children and that ammunition permitted on | 8 |
| day care home
premises shall be kept in locked storage | 9 |
| separate from that of disassembled
firearms, inaccessible | 10 |
| to children;
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| (15) Provisions requiring notification of parents or | 12 |
| guardians enrolling
children at a day care home of the | 13 |
| presence in the day care home of any
firearms and | 14 |
| ammunition and of the arrangements for the separate, locked
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| storage of such firearms and ammunition.
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| (b) If, in a facility for general child care, there are | 17 |
| children
diagnosed as mentally ill, mentally retarded or | 18 |
| physically handicapped, who
are determined to be in need of | 19 |
| special mental treatment or of nursing
care, or both mental | 20 |
| treatment and nursing care, the Department shall seek
the | 21 |
| advice and recommendation of the Department of Human Services,
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| the Department of Public Health, or both
Departments regarding | 23 |
| the residential treatment and nursing care provided
by the | 24 |
| institution.
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| (c) The Department shall investigate any person applying to | 26 |
| be
licensed as a foster parent to determine whether there is | 27 |
| any evidence of
current drug or alcohol abuse in the | 28 |
| prospective foster family. The
Department shall not license a | 29 |
| person as a foster parent if drug or alcohol
abuse has been | 30 |
| identified in the foster family or if a reasonable suspicion
of | 31 |
| such abuse exists, except that the Department may grant a | 32 |
| foster parent
license to an applicant identified with an | 33 |
| alcohol or drug problem if the
applicant has successfully | 34 |
| participated in an alcohol or drug treatment
program, self-help |
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| group, or other suitable activities.
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| (d) The Department, in applying standards prescribed and | 3 |
| published, as
herein provided, shall offer consultation | 4 |
| through employed staff or other
qualified persons to assist | 5 |
| applicants and licensees in meeting and
maintaining minimum | 6 |
| requirements for a license and to help them otherwise
to | 7 |
| achieve programs of excellence related to the care of children | 8 |
| served.
Such consultation shall include providing information | 9 |
| concerning education
and training in early childhood | 10 |
| development to providers of day care home
services. The | 11 |
| Department may provide or arrange for such education and
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| training for those providers who request such assistance.
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| (e) The Department shall distribute copies of licensing
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| standards to all licensees and applicants for a license. Each | 15 |
| licensee or
holder of a permit shall distribute copies of the | 16 |
| appropriate licensing
standards and any other information | 17 |
| required by the Department to child
care facilities under its | 18 |
| supervision. Each licensee or holder of a permit
shall maintain | 19 |
| appropriate documentation of the distribution of the
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| standards. Such documentation shall be part of the records of | 21 |
| the facility
and subject to inspection by authorized | 22 |
| representatives of the Department.
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| (f) The Department shall prepare summaries of day care | 24 |
| licensing
standards. Each licensee or holder of a permit for a | 25 |
| day care facility
shall distribute a copy of the appropriate | 26 |
| summary and any other
information required by the Department, | 27 |
| to the legal guardian of each child
cared for in that facility | 28 |
| at the time when the child is enrolled or
initially placed in | 29 |
| the facility. The licensee or holder of a permit for a
day care | 30 |
| facility shall secure appropriate documentation of the
| 31 |
| distribution of the summary and brochure. Such documentation | 32 |
| shall be a
part of the records of the facility and subject to | 33 |
| inspection by an
authorized representative of the Department.
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| (g) The Department shall distribute to each licensee and
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| holder of a permit copies of the licensing or permit standards | 2 |
| applicable
to such person's facility. Each licensee or holder | 3 |
| of a permit shall make
available by posting at all times in a | 4 |
| common or otherwise accessible area
a complete and current set | 5 |
| of licensing standards in order that all
employees of the | 6 |
| facility may have unrestricted access to such standards.
All | 7 |
| employees of the facility shall have reviewed the standards and | 8 |
| any
subsequent changes. Each licensee or holder of a permit | 9 |
| shall maintain
appropriate documentation of the current review | 10 |
| of licensing standards by
all employees. Such records shall be | 11 |
| part of the records of the facility
and subject to inspection | 12 |
| by authorized representatives of the Department.
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| (h) Any standards involving physical examinations, | 14 |
| immunization,
or medical treatment shall include appropriate | 15 |
| exemptions for children
whose parents object thereto on the | 16 |
| grounds that they conflict with the
tenets and practices of a | 17 |
| recognized church or religious organization, of
which the | 18 |
| parent is an adherent or member, and for children who should | 19 |
| not
be subjected to immunization for clinical reasons.
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| (Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97; 89-648, | 21 |
| eff. 8-9-96;
90-14, eff. 7-1-97.)
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| (225 ILCS 10/7.4 new) | 23 |
| Sec. 7.4. Disclosures.
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| (a) Every child welfare agency providing adoption services | 25 |
| and licensed by the Department shall provide to all prospective | 26 |
| clients and to the public written disclosures with respect to | 27 |
| its adoption services, policies, and practices, including | 28 |
| general eligibility criteria, fees, and the mutual rights and | 29 |
| responsibilities of clients, including birth parents and | 30 |
| adoptive parents. The written disclosure shall be posted on any | 31 |
| website maintained by the child welfare agency that relates to | 32 |
| adoption services. The Department shall adopt rules relating to | 33 |
| the contents of the written disclosures. |
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| (b) Every licensed child welfare agency providing adoption | 2 |
| services shall provide to all applicants, prior to application, | 3 |
| a written schedule of estimated fees, expenses, and refund | 4 |
| policies. Every child welfare agency providing adoption | 5 |
| services shall have a written policy that shall be part of its | 6 |
| standard adoption contract and state that it will not charge | 7 |
| additional fees and expenses beyond those disclosed in the | 8 |
| adoption contract unless additional fees are reasonably | 9 |
| required by the circumstances and are disclosed to the adoptive | 10 |
| parents or parent before they are incurred. The Department | 11 |
| shall adopt rules relating to the contents of the written | 12 |
| schedule and policy. | 13 |
| (c) Every licensed child welfare agency providing adoption | 14 |
| services must make full and fair disclosure to its clients, | 15 |
| including birth parents and adoptive parents, of all | 16 |
| circumstances material to the placement of a child for | 17 |
| adoption. The Department shall adopt rules necessary for the | 18 |
| implementation and regulation of the requirements of this | 19 |
| subsection (c). | 20 |
| (d) Every licensed child welfare agency providing adoption | 21 |
| services shall meet minimum standards set forth by the | 22 |
| Department prior to taking or acknowledging a consent from a | 23 |
| prospective birth parent. The Department shall adopt rules | 24 |
| concerning the minimum standards required by agencies under | 25 |
| this Section.
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| (225 ILCS 10/7.5 new) | 27 |
| Sec. 7.5. Adoptive parent training program. Every licensed | 28 |
| child welfare agency providing adoption services shall provide | 29 |
| prospective adoptive parents with a training program that | 30 |
| includes counseling and guidance for the purpose of promoting a | 31 |
| successful adoption in conjunction with placing a child for | 32 |
| adoption with the prospective adoptive parents and which must | 33 |
| be completed to the satisfaction of the licensed child welfare |
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| agency prior to the finalization of the
adoption. The training | 2 |
| may be provided by an agent or independent contractor of the | 3 |
| child welfare agency or by a Department-approved training | 4 |
| individual or entity.
The Department shall adopt rules | 5 |
| concerning minimum hours, content, and agency documentation of | 6 |
| the training and rules concerning the approval of individuals | 7 |
| or entities conducting training under this Section. | 8 |
| (225 ILCS 10/7.6 new) | 9 |
| Sec. 7.6. Annual report. Every licensed child welfare | 10 |
| agency providing adoption services shall file an annual report | 11 |
| with the Department and with the Attorney General on forms and | 12 |
| on a date prescribed by the Department. The annual report shall | 13 |
| be made available to the public by the Department and by the | 14 |
| agency. The annual report shall include all of the following | 15 |
| matters and all other matters required by the Department: | 16 |
| (1) A balance sheet and a statement of income and | 17 |
| expenses for the year, certified by an independent public | 18 |
| accountant; | 19 |
| (2) Non-identifying information concerning the | 20 |
| placements made by the agency during the year, consisting | 21 |
| of the number of adoptive families in the process of | 22 |
| obtaining a foster family license, the number of adoptive | 23 |
| families that are licensed and awaiting placement, the | 24 |
| number of biological parents that the agency is actively | 25 |
| working with, the number of placements, and the number of | 26 |
| adoptions initiated during the year and the status of each | 27 |
| matter at the end of the year; | 28 |
| (3) Any instance during the year in which the agency | 29 |
| lost the right to provide adoption services in any State or | 30 |
| country, had its license suspended for cause, or was the | 31 |
| subject of other sanctions by any court, governmental | 32 |
| agency, or governmental regulatory body relating to the | 33 |
| provision of adoption services; |
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| (4) Any actions related to licensure that were | 2 |
| initiated against the agency during the year by a licensing | 3 |
| or accrediting body; | 4 |
| (5) Any pending investigations by federal or State | 5 |
| authorities; | 6 |
| (6) Any criminal charges, child abuse charges, | 7 |
| malpractice complaints, or lawsuits against the agency or | 8 |
| any of its employees, officers, or directors related to the | 9 |
| provision of adoption services and the basis or disposition | 10 |
| of the actions; | 11 |
| (7) Any instance in the year where the agency was found | 12 |
| guilty of, or pled guilty to, any criminal or civil or | 13 |
| administrative violation under federal, State, or foreign | 14 |
| law that relates to the provision of adoption services; | 15 |
| (8) Any instance in the year where any employee, | 16 |
| officer, or director of the agency was found guilty of any | 17 |
| crime or was determined to have violated a civil law or | 18 |
| administrative rule under federal, State, or foreign law | 19 |
| relating to the provision of adoption services; and | 20 |
| (9) Any civil or administrative proceeding instituted | 21 |
| by the agency during the year and relating to adoption | 22 |
| services, excluding uncontested adoption proceedings. | 23 |
| Failure to disclose information required under this | 24 |
| Section may result in the suspension of the agency's license | 25 |
| for a period of 90 days. Subsequent violations may result in | 26 |
| revocation of the license.
| 27 |
| Information disclosed in accordance with this Section | 28 |
| shall be subject to the applicable confidentiality | 29 |
| requirements of this Act and the Adoption Act. | 30 |
| (225 ILCS 10/7.7 new) | 31 |
| Sec. 7.7. Certain waivers prohibited. Licensed child | 32 |
| welfare agencies providing adoption services shall not require | 33 |
| biological or adoptive parents to sign any document that |
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| purports to waive claims against an agency for intentional or | 2 |
| reckless acts or omissions or for gross negligence. Nothing in | 3 |
| this Section shall require an agency to assume risks that are | 4 |
| not within the reasonable control of the agency. | 5 |
| (225 ILCS 10/7.8 new) | 6 |
| Sec. 7.8. Preferential treatment in child placement | 7 |
| prohibited. No licensed child welfare agency providing | 8 |
| adoption services shall give preferential treatment to its | 9 |
| board members, contributors, volunteers, employees, agents, | 10 |
| consultants, or independent contractors or to their relatives | 11 |
| with respect to the placement of a child or any matters | 12 |
| relating to adoption services. The Department shall define | 13 |
| "preferential treatment" by rule and shall adopt any rules | 14 |
| necessary to implement this Section.
| 15 |
| (225 ILCS 10/8) (from Ch. 23, par. 2218)
| 16 |
| Sec. 8. The Department may revoke or refuse to renew the | 17 |
| license of any
child care facility or child welfare agency or | 18 |
| refuse to issue full license to the holder of a permit
should | 19 |
| the licensee or holder of a permit:
| 20 |
| (1) fail to maintain standards prescribed and published by | 21 |
| the Department;
| 22 |
| (2) violate any of the provisions of the license issued;
| 23 |
| (3) furnish or make any misleading or any false statement | 24 |
| or report to
the Department;
| 25 |
| (4) refuse to submit to the Department any reports or | 26 |
| refuse to make
available to the Department any records required | 27 |
| by the Department in
making investigation of the facility for | 28 |
| licensing purposes;
| 29 |
| (5) fail or refuse to submit to an investigation by the | 30 |
| Department;
| 31 |
| (6) fail or refuse to admit authorized representatives of | 32 |
| the Department
at any reasonable time for the purpose of |
|
|
|
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|
| 1 |
| investigation;
| 2 |
| (7) fail to provide, maintain, equip and keep in safe and | 3 |
| sanitary
condition premises established or used for child care | 4 |
| as required under
standards prescribed by the Department, or as | 5 |
| otherwise required by any
law, regulation or ordinance | 6 |
| applicable to the location of such facility;
| 7 |
| (8) refuse to display its license or permit;
| 8 |
| (9) be the subject of an indicated report under Section 3 | 9 |
| of the Abused
and Neglected Child Reporting Act or fail to | 10 |
| discharge or sever
affiliation with the child care facility of | 11 |
| an employee or volunteer at the
facility with direct contact | 12 |
| with children who is the subject of an indicated
report under | 13 |
| Section 3 of that Act;
| 14 |
| (10) fail to comply with the provisions of Section 7.1;
| 15 |
| (11) fail to exercise reasonable care in the hiring, | 16 |
| training and
supervision of facility personnel;
| 17 |
| (12) fail to report suspected abuse or neglect of children | 18 |
| within the
facility, as required by the Abused and Neglected | 19 |
| Child Reporting Act;
| 20 |
| (13) fail to comply with Section 5.1 or 5.2 of this Act; or
| 21 |
| (14) be identified in an investigation by the Department as | 22 |
| an addict or
alcoholic, as defined in the Alcoholism and Other | 23 |
| Drug Abuse and Dependency
Act, or be a person whom the | 24 |
| Department knows has abused alcohol or drugs,
and has not
| 25 |
| successfully participated in treatment, self-help groups or | 26 |
| other suitable
activities, and the Department determines that | 27 |
| because of such abuse the
licensee, holder of the permit, or | 28 |
| any other person directly responsible
for the care and welfare | 29 |
| of the children served, does not comply with
standards relating | 30 |
| to character, suitability or other qualifications
established | 31 |
| under Section 7 of this Act.
| 32 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-413, eff. 1-1-00.)
| 33 |
| (225 ILCS 10/8.3 new) |
|
|
|
09400HB3628ham001 |
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| 1 |
| Sec. 8.3. Tax exempt agency. The Department shall revoke | 2 |
| or refuse to renew the license of any child welfare agency | 3 |
| providing adoption services that is not (i) officially | 4 |
| recognized by the United States Internal Revenue Service as a | 5 |
| tax-exempt organization described in Section 501(c)(3) of the | 6 |
| Internal Revenue Code of 1986 (or any successor provision of | 7 |
| federal tax law) and (ii) in compliance with all of the | 8 |
| standards necessary to maintain its status as an organization | 9 |
| described in Section 501(c)(3) of the Internal Revenue Code of | 10 |
| 1986 (or any successor provision of federal tax law). The | 11 |
| Department shall grant a grace period of 24 months from the | 12 |
| effective date of this amendatory Act of the 94th General | 13 |
| Assembly for existing child welfare agencies providing | 14 |
| adoption services to obtain 501(c)(3) status. The Department | 15 |
| shall permit an existing child welfare agency that converts | 16 |
| from its current structure in order to be recognized as a | 17 |
| 501(c)(3) organization as required by this Section to either | 18 |
| retain its current license or transfer its current license to a | 19 |
| newly formed entity, if the creation of a new entity is | 20 |
| required in order to comply with this Section, provided that | 21 |
| the child welfare agency demonstrates that it continues to meet | 22 |
| all other licensing requirements and that the principal | 23 |
| officers and directors and programs of the converted child | 24 |
| welfare agency or newly organized child welfare agency are | 25 |
| substantially the same as the original. | 26 |
| (225 ILCS 10/8.4 new)
| 27 |
| Sec. 8.4. Cessation or dissolution of an agency. In the | 28 |
| event that a licensed child welfare agency ceases to exist or | 29 |
| dissolves its corporate entity, or ceases to provide adoption | 30 |
| services as defined in this Act, all records pertaining to | 31 |
| adoption services, as that term is defined in Section 2.24 of | 32 |
| this Act, shall be forwarded to the Department within 30 days | 33 |
| after such cessation or dissolution. |
|
|
|
09400HB3628ham001 |
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|
| 1 |
| (225 ILCS 10/9.1a new) | 2 |
| Sec. 9.1a. Complaint registry.
| 3 |
| (a) The Department shall establish a complaint registry to | 4 |
| assist in the monitoring of licensed child welfare agencies | 5 |
| providing adoption services, which shall record and track the | 6 |
| resolution and disposition of substantiated licensing | 7 |
| violations. | 8 |
| (b) The Department shall establish and maintain a statewide | 9 |
| toll-free telephone number and post information on its website | 10 |
| where the public can access information contained in the | 11 |
| complaint registry, as it pertains to the past history and | 12 |
| record of any licensed child welfare agency providing adoption | 13 |
| services. This information shall include, but shall not be | 14 |
| limited to, Department substantiated licensing complaints | 15 |
| against a child welfare agency providing adoption services and | 16 |
| Department findings of any license violations against a child | 17 |
| welfare agency providing adoption services. | 18 |
| (c) Information disclosed in accordance with this Section | 19 |
| shall be subject to the applicable confidentiality | 20 |
| requirements of this Act and the Adoption Act. | 21 |
| (225 ILCS 10/9.1b new) | 22 |
| Sec. 9.1b. Complaint procedures. All child welfare | 23 |
| agencies providing adoption services shall be required by the | 24 |
| Department to have complaint policies and procedures that shall | 25 |
| be provided in writing to their prospective clients, including | 26 |
| biological parents, adoptive parents, and adoptees that they | 27 |
| have served, at the earliest time possible, and, in the case of | 28 |
| biological and adoptive parents, prior to placement or prior to | 29 |
| entering into any written contract with the clients. These | 30 |
| complaint procedures must be filed with the Department within 6 | 31 |
| months after the effective date of this amendatory Act of the | 32 |
| 94th General Assembly. Failure to comply with this Section may |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| result in the suspension of licensure for a period of 90 days. | 2 |
| Subsequent violations may result in licensure revocation. The | 3 |
| Department shall adopt rules that describe the complaint | 4 |
| procedures required by each agency. These rules shall include | 5 |
| without limitation prompt complaint response time, recording | 6 |
| of the complaints, prohibition of agency retaliation against | 7 |
| the person making the complaint, and agency reporting of all | 8 |
| complaints to the Department in a timely manner. Any agency | 9 |
| that maintains a website shall post the prescribed complaint | 10 |
| procedures and its license number, as well as the statewide | 11 |
| toll-free complaint registry telephone number, on its website.
| 12 |
| (225 ILCS 10/11) (from Ch. 23, par. 2221)
| 13 |
| Sec. 11. Whenever the Department is advised, or has reason | 14 |
| to believe, that any
person, group of persons or corporation is | 15 |
| operating a child welfare agency or a child care facility
| 16 |
| without a license or permit, it shall make an investigation to | 17 |
| ascertain the
facts. If the Department is denied access, it | 18 |
| shall request intervention
of local, county or State law | 19 |
| enforcement agencies to seek an appropriate
court order or | 20 |
| warrant to examine the premises. A person or entity
preventing | 21 |
| the Department from carrying out its duties under this Section
| 22 |
| shall be guilty of a violation of this Act and shall be subject | 23 |
| to such
penalties related thereto. If it finds that the child | 24 |
| welfare agency or child care facility is
being, or has been
| 25 |
| operated
without a license or permit, it shall report the | 26 |
| results of its investigation
to the Attorney General, and to | 27 |
| the appropriate State's Attorney for
investigation and, if | 28 |
| appropriate,
prosecution.
| 29 |
| Operating a child welfare agency or child care facility | 30 |
| without a license constitutes a Class A misdemeanor,
followed | 31 |
| by a business offense, if the operator continues to operate the
| 32 |
| facility and no effort is made to obtain a license.
The | 33 |
| business offense fine shall not exceed $10,000 and each day of |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| a
violation is a separate offense.
| 2 |
| (Source: P.A. 85-215.)
| 3 |
| (225 ILCS 10/11.1) (from Ch. 23, par. 2221.1)
| 4 |
| Sec. 11.1. If the Department has reasonable cause to | 5 |
| believe
Upon request of the Director, the Attorney General or | 6 |
| the State's
Attorney of the county in which the violation | 7 |
| occurred, shall initiate
injunction proceedings whenever it | 8 |
| appears that any person, group of
persons, or
corporation , | 9 |
| agency, association, organization, institution, center, or | 10 |
| group is engaged or about to engage in any acts or
practices | 11 |
| that
which constitute or will constitute a violation of this | 12 |
| Act or
any rule or regulation prescribed under authority | 13 |
| thereof , the Department shall inform the Attorney General or | 14 |
| the State's Attorney of the appropriate county, who may | 15 |
| initiate the appropriate civil or criminal proceedings . Upon a | 16 |
| proper
showing, any circuit court may enter a permanent or | 17 |
| preliminary injunction
or temporary restraining order without | 18 |
| bond to enforce this Act or any rule
or regulation prescribed | 19 |
| thereunder in addition to the penalties and other
remedies | 20 |
| provided in this Act.
| 21 |
| (Source: P.A. 84-548.)
| 22 |
| (225 ILCS 10/12) (from Ch. 23, par. 2222)
| 23 |
| Sec. 12. Advertisements.
| 24 |
| (a) In this Section, "advertise" means communication by any | 25 |
| public medium originating or distributed in this State, | 26 |
| including, but not limited to, newspapers, periodicals, | 27 |
| telephone book listings, outdoor advertising signs, radio, or | 28 |
| television. | 29 |
| (b) A child care facility or child welfare agency licensed | 30 |
| or operating under a permit issued by the Department may | 31 |
| publish advertisements for the services that the facility is | 32 |
| specifically licensed or issued a permit under this Act to |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| provide. No person, group of persons, agency, association, | 2 |
| organization, corporation, institution, center, or group, | 3 |
| unless licensed or operating under a permit issued by the | 4 |
| Department as a child care facility or child welfare agency, | 5 |
| may advertise or cause to be published any advertisement | 6 |
| offering, soliciting, or promising to perform adoption | 7 |
| services as defined in Section 2.24 of this Act. | 8 |
| (c) Every advertisement under this Section shall include | 9 |
| the Department-issued license number of the facility or agency. | 10 |
| (d) Any licensed child welfare agency providing adoption | 11 |
| services that causes to be published an advertisement | 12 |
| containing misrepresentations concerning adoption services or | 13 |
| circumstances material to the placement of a child for adoption | 14 |
| is guilty of a Class A misdemeanor and shall be subject to a | 15 |
| fine not to exceed $10,000 and 9 months imprisonment for each | 16 |
| advertisement.
| 17 |
| (e) This Section does not apply to a biological parent or a | 18 |
| prospective adoptive parent acting on his or her own behalf.
| 19 |
| (f) This Section does not apply to a licensed attorney | 20 |
| advertising his or her availability to provide legal services | 21 |
| relating to adoption, as permitted by law. | 22 |
| (g) An out-of-state agency that has a written interagency | 23 |
| agreement with one or more Illinois licensed child welfare | 24 |
| agencies, may advertise under this Section provided that (i) | 25 |
| the out-of-state agency must be officially recognized by the | 26 |
| United States Internal Revenue Service as a tax-exempt | 27 |
| organization under 501(c)3 of the Internal Revenue Code of 1986 | 28 |
| (or any successor provision of federal tax law), (ii) the | 29 |
| out-of-state agency only provides international adoption | 30 |
| services and is covered by the Intercountry Adoption Act of | 31 |
| 2000, (iii) the out-of-state agency displays, in the | 32 |
| advertisement, the license number of at least one of the | 33 |
| Illinois licensed child welfare agencies with which it has a | 34 |
| written agreement, and (iv) the advertisements pertain only to |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| international adoption services. Subsection (d) of this | 2 |
| Section applies to advertisements placed by any international | 3 |
| out-of-state adoption agencies.
A child care facility licensed | 4 |
| or operating under a permit issued by the
Department may | 5 |
| publish advertisements of the services for which it is
| 6 |
| specifically licensed or issued a permit under this Act. No | 7 |
| person, unless
licensed or holding a permit as a child care | 8 |
| facility, may cause to be
published any advertisement | 9 |
| soliciting a child or children for care or
placement or | 10 |
| offering a child or children for care or placement.
| 11 |
| (Source: P.A. 76-63.)
| 12 |
| (225 ILCS 10/14.6 new)
| 13 |
| Sec. 14.6. Agency payment of salaries or other | 14 |
| compensation.
| 15 |
| (a) A licensed child welfare agency may pay salaries or | 16 |
| other compensation to its officers, employees, agents, | 17 |
| contractors, or any other persons acting on its behalf for | 18 |
| providing adoption services, provided that all of the following | 19 |
| limitations apply: | 20 |
| (1) The fees, wages, salaries, or other compensation of | 21 |
| any description paid to the officers, employees, | 22 |
| contractors, or any other person acting on behalf of a | 23 |
| child welfare agency providing adoption services shall not | 24 |
| be unreasonably high in relation to the services actually | 25 |
| rendered. Every form of compensation shall be taken into | 26 |
| account in determining whether fees, wages, salaries, or | 27 |
| compensation are unreasonably high, including, but not | 28 |
| limited to, salary, bonuses, deferred and non-cash | 29 |
| compensation, retirement funds, medical and liability | 30 |
| insurance, loans, and other benefits such as the use, | 31 |
| purchase, or lease of vehicles, expense accounts, and food, | 32 |
| housing, and clothing allowances. | 33 |
| (2) Any earnings, if applicable, or compensation paid |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| to the child welfare agency's directors, stockholders, or | 2 |
| members of its governing body shall not be unreasonably | 3 |
| high in relation to the services rendered. | 4 |
| (3) Persons providing adoption services for a child | 5 |
| welfare agency may be compensated only for services | 6 |
| actually rendered and only on a fee-for-service, hourly | 7 |
| wage, or salary basis. | 8 |
| (b) The Department may adopt rules setting forth the | 9 |
| criteria to determine what constitutes unreasonably high fees | 10 |
| and compensation as those terms are used in this Section. In | 11 |
| determining the reasonableness of fees, wages, salaries, and | 12 |
| compensation under paragraphs (1) and (2) of subsection (a) of | 13 |
| this Section, the Department shall take into account the | 14 |
| location, number, and qualifications of staff, workload | 15 |
| requirements, budget, and size of the agency or person, and | 16 |
| available norms for compensation within the adoption | 17 |
| community. Every licensed child welfare agency providing | 18 |
| adoption services shall provide the Department and the Attorney | 19 |
| General with a report, on an annual basis, providing a | 20 |
| description of the fees, wages, salaries and other compensation | 21 |
| described in paragraphs (1), (2), and (3) of this Section. | 22 |
| Nothing in the Adoption Compensation Prohibition Act shall be | 23 |
| construed to prevent a child welfare agency from charging fees | 24 |
| or the payment of salaries and compensation as limited in this | 25 |
| Section and any applicable Section of this Act or the Adoption | 26 |
| Act. | 27 |
| (c) This Section does not apply to international adoption | 28 |
| services performed by those child welfare agencies governed by | 29 |
| the 1993 Hague Convention on Protection of Children and | 30 |
| Cooperation in Respect of Intercountry Adoption and the | 31 |
| Intercountry Adoption Act of 2000. | 32 |
| (225 ILCS 10/14.7 new)
| 33 |
| Sec. 14.7. Payments to biological parents.
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| (a) Payment of reasonable living expenses in accordance | 2 |
| with the Adoption Compensation Prohibition Act of the | 3 |
| biological parents and the child they are considering placing | 4 |
| for adoption by a child welfare agency shall not obligate the | 5 |
| biological parents to place the child for adoption. In the | 6 |
| event that the biological parents choose not to place the child | 7 |
| for adoption, the child welfare agency shall have no right to | 8 |
| seek reimbursement from the biological parents, or from any | 9 |
| relative of the biological parents, of moneys paid to, or on | 10 |
| behalf of, the biological parents, except as provided in | 11 |
| subsection (b) of this Section. | 12 |
| (b) Notwithstanding subsection (a) of this Section, a child | 13 |
| welfare agency may seek reimbursement of reasonable living | 14 |
| expenses from a person who receives such payments only if the | 15 |
| person who accepts payment of reasonable living expenses as | 16 |
| described in subsection (a) of this Section knows that the | 17 |
| person on whose behalf they are accepting payment is not | 18 |
| pregnant at the time of the receipt of such payments or the | 19 |
| person receives reimbursement for reasonable living expenses | 20 |
| simultaneously from more than one child welfare agency without | 21 |
| the agencies' knowledge.
| 22 |
| Section 10. The Adoption Compensation Prohibition Act is | 23 |
| amended by changing Sections 1, 2, 3, 4, and 4.1 and by adding | 24 |
| Section 4.9 as follows:
| 25 |
| (720 ILCS 525/1) (from Ch. 40, par. 1701)
| 26 |
| Sec. 1. No person and no agency, association, corporation, | 27 |
| institution,
society, or other organization, except a child | 28 |
| welfare agency as defined by
the Child Care Act of 1969, as now | 29 |
| or hereafter
amended, shall request, receive or accept any | 30 |
| compensation or thing of
value, directly or indirectly, for | 31 |
| providing adoption services, as defined in Section 2.24 of the | 32 |
| Child Care Act of 1969
placing out of a child .
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| (Source: P.A. 86-820.)
| 2 |
| (720 ILCS 525/2) (from Ch. 40, par. 1702)
| 3 |
| Sec. 2. No person shall pay or give any compensation or | 4 |
| thing of value,
directly or indirectly, for providing adoption | 5 |
| services, as defined in Section 2.24 of the Child Care Act of | 6 |
| 1969, including placing out of a child to any person or to any
| 7 |
| agency, association, corporation, institution, society, or | 8 |
| other
organization except a child welfare agency as defined by | 9 |
| the Child Care
Act of 1969, as now or hereafter amended.
| 10 |
| (Source: P.A. 86-820.)
| 11 |
| (720 ILCS 525/3) (from Ch. 40, par. 1703)
| 12 |
| Sec. 3. Definitions.
As used in this Act :
the term
| 13 |
| " Placing
placing out" means to arrange for the
free care or | 14 |
| placement of a child in a family other than that of the child's | 15 |
| parent,
stepparent, grandparent, brother, sister, uncle or | 16 |
| aunt or legal guardian,
for the purpose of adoption or for the | 17 |
| purpose of providing care. | 18 |
| "Adoption services" has the meaning given that term in the | 19 |
| Child Care Act of 1969.
| 20 |
| (Source: Laws 1955, p. 1881.)
| 21 |
| (720 ILCS 525/4) (from Ch. 40, par. 1704)
| 22 |
| Sec. 4. The provisions of this Act shall not be construed | 23 |
| to prevent the
payment of salaries or other compensation by a | 24 |
| licensed child welfare
agency providing adoption services , as | 25 |
| that term is defined by the Child Care Act of 1969, as now
or | 26 |
| hereafter amended, to the officers ,
or employees , agents, | 27 |
| contractors, or any other persons acting on behalf of the child | 28 |
| welfare agency, provided that such salaries and compensation | 29 |
| are consistent with subsection (a) of Section 14.5 of the Child | 30 |
| Care Act of 1969. | 31 |
| The provisions of this Act shall not
thereof;
nor shall it
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| be construed to prevent the payment by a person with whom a
| 2 |
| child has been placed for adoption
out of reasonable and actual | 3 |
| medical fees or hospital
charges for services rendered in | 4 |
| connection with the birth of such child,
if such payment is | 5 |
| made to the physician or hospital who or which rendered
the | 6 |
| services or to the biological
natural mother of the child or to | 7 |
| prevent the
receipt of such payment by such physician, | 8 |
| hospital, or mother.
| 9 |
| (Source: P.A. 86-820.)
| 10 |
| (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
| 11 |
| (Text of Section after amendment by P.A. 93-1063 )
| 12 |
| Sec. 4.1. Payment of certain expenses.
| 13 |
| (a) A person or persons who have filed or intend to file a | 14 |
| petition to
adopt a child under the Adoption Act shall be | 15 |
| permitted to pay the
reasonable living expenses of the | 16 |
| biological parents of the child sought to
be adopted, in | 17 |
| addition to those expenses set forth in Section 4, only in
| 18 |
| accordance with the provisions of this Section.
| 19 |
| "Reasonable living expenses" means those expenses related | 20 |
| to activities of daily living and meeting basic needs, | 21 |
| including, but not limited to,
the reasonable costs of lodging, | 22 |
| food,
and clothing for the biological parents during the period | 23 |
| of the biological
mother's pregnancy and for no more than 120 | 24 |
| days prior to the biological mother's expected date of delivery | 25 |
| and for no more than 60
30 days after the birth of the
child. | 26 |
| The term does not include expenses for lost wages, gifts,
| 27 |
| educational expenses, or other similar expenses of the | 28 |
| biological parents.
| 29 |
| (b) The petitioners may seek leave of the court to pay the | 30 |
| reasonable
living expenses of the biological parents. They | 31 |
| shall be permitted to pay
the reasonable living expenses of the | 32 |
| biological parents only upon prior
order of the circuit court | 33 |
| where the petition for adoption will be filed,
or if the |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| petition for adoption has been filed in the circuit court where
| 2 |
| the petition is pending.
| 3 |
| (c) Payments under this Section shall be permitted only in | 4 |
| those
circumstances where there is a demonstrated need for the | 5 |
| payment of such
expenses to protect the health of the | 6 |
| biological parents or the health of
the child sought to be | 7 |
| adopted.
| 8 |
| (d) Payment of their reasonable living expenses, as | 9 |
| provided in this
Section, shall not obligate the biological | 10 |
| parents to place the child for
adoption. In the event the | 11 |
| biological parents choose not to place the
child for adoption, | 12 |
| the petitioners shall have no right to seek
reimbursement from | 13 |
| the biological parents, or from any relative or associate of | 14 |
| the biological parents,
of moneys paid to , or on behalf of, the | 15 |
| biological parents pursuant to a court
order under this | 16 |
| Section.
| 17 |
| (d-5) No person or entity shall offer, provide, or co-sign | 18 |
| a loan or any other credit accommodation, directly or | 19 |
| indirectly, with a biological parent or a relative or associate
| 20 |
| of a biological parent based on the contingency of a surrender | 21 |
| or placement of a child for adoption.
| 22 |
| (e) Within 14 days after the completion of all payments for | 23 |
| reasonable
living expenses of the biological parents under this | 24 |
| Section, the petitioners
shall present a final accounting of | 25 |
| all those expenses to the court. The
accounting shall include | 26 |
| vouchers for all moneys expended, copies of all checks
written, | 27 |
| and receipts for all cash payments. The accounting shall also | 28 |
| include
the verified statements of the petitioners, each | 29 |
| attorney of record, and the
biological parents or parents to | 30 |
| whom or on whose behalf the payments were made
attesting to the | 31 |
| accuracy of the accounting.
| 32 |
| (f) If the placement of a child for adoption is made in | 33 |
| accordance with the
Interstate Compact on the Placement of | 34 |
| Children, and if the sending state
permits the payment of any |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| expenses of biological parents that are not
permitted under | 2 |
| this Act, then the payment of those expenses shall not be a
| 3 |
| violation of this Act. In that event, the petitioners shall | 4 |
| file an accounting
of all payments of the expenses of the | 5 |
| biological parent or
parents with the court in which the | 6 |
| petition for adoption is filed or is to be
filed. The | 7 |
| accounting shall include a copy of the statutory provisions of | 8 |
| the
sending state that permit payments in addition to those | 9 |
| permitted by this Act
and a copy of all orders entered in the | 10 |
| sending state that relate to expenses
of the biological parents | 11 |
| paid by the petitioners in the sending state.
| 12 |
| (g) The petitioners shall be permitted to pay the | 13 |
| reasonable attorney's fees
of the biological parents' attorney | 14 |
| in connection with proceedings under this
Act or in connection | 15 |
| with proceedings for the adoption of the child. The
attorney's | 16 |
| fees shall be paid only after a petition seeking leave to pay | 17 |
| those
fees is filed with the court in which the adoption | 18 |
| proceeding is filed or to be
filed. The court shall review the | 19 |
| petition for leave to pay attorney's fees,
and if the court | 20 |
| determines that the fees requested are reasonable, the court
| 21 |
| shall permit
the petitioners to pay them. If the court | 22 |
| determines that the fees requested
are not
reasonable, the | 23 |
| court shall determine and set the reasonable attorney's fees of
| 24 |
| the biological parents' attorney which may be paid by the | 25 |
| petitioners.
| 26 |
| (h) The court may appoint a guardian ad litem for an unborn | 27 |
| child to
represent the interests of the child in proceedings | 28 |
| under this Section.
| 29 |
| (i) The provisions of this Section apply to a person who | 30 |
| has filed or intends to file a petition to adopt a child under | 31 |
| the Adoption Act. This Section does not apply to a licensed | 32 |
| child welfare agency, as that term is defined in the Child Care | 33 |
| Act of 1969, whose payments are governed by the Child Care Act | 34 |
| of 1969 and the Department rules adopted thereunder.
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| (Source: P.A. 93-1063, eff. 6-1-05.)
| 2 |
| (720 ILCS 525/4.9 new)
| 3 |
| Sec. 4.9. Injunctive relief. Whenever it appears that any | 4 |
| person, agency, association, corporation, institution, | 5 |
| society, or other organization is engaged or about to engage in | 6 |
| any acts or practices that constitute or will constitute a | 7 |
| violation of this Act or any rule adopted under the authority | 8 |
| of this Act, the Department shall inform the Attorney General | 9 |
| and the State's Attorney of the appropriate county. Under such | 10 |
| circumstances, the Attorney General or the State's Attorney may | 11 |
| initiate injunction proceedings. Upon a proper showing, any | 12 |
| circuit court may enter a permanent or preliminary injunction | 13 |
| or temporary restraining order without bond to enforce this Act | 14 |
| or any rule adopted under this Act in addition to any other | 15 |
| penalties and other remedies provided in this Act.
| 16 |
| Section 15. The Adoption Act is amended by changing | 17 |
| Sections 4.1, 10, and 21 as follows:
| 18 |
| (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| 19 |
| Sec. 4.1. Except for children placed with relatives by the | 20 |
| Department of
Children and Family Services pursuant to | 21 |
| subsection (b) of Section 7 of the
Children and Family Services | 22 |
| Act, placements under this Act shall comply with
the Child Care | 23 |
| Act of 1969 and the Interstate Compact on the Placement of
| 24 |
| Children. Placements of children born outside the United States | 25 |
| or a territory
thereof shall comply with rules promulgated by | 26 |
| the United States Department of
Immigration and | 27 |
| Naturalization.
| 28 |
| Rules promulgated by the Department of Children and Family | 29 |
| Services shall
include but not be limited to the following:
| 30 |
| (a) Any agency providing adoption services as defined in | 31 |
| Section 2.24 of the Child Care Act of 1969
which places such |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| children for adoption in this State:
| 2 |
| (i) Shall be licensed in this State as a child welfare | 3 |
| agency as defined
in Section 2.08 of the Child Care Act of | 4 |
| 1969; or
| 5 |
| (ii) Shall be licensed as a child placement agency in a | 6 |
| state which is a
party to the Interstate Compact on the | 7 |
| Placement of Children; or
| 8 |
| (iii) Shall be licensed as a child placement agency in | 9 |
| a country other
than the United States or, if located in | 10 |
| such a country but not so
licensed, shall provide | 11 |
| information such as a license or court document
which | 12 |
| authorizes that agency to place children for adoption and | 13 |
| to
establish that such agency has legal authority to place | 14 |
| children for adoption;
or
| 15 |
| (iv) Shall be a child placement agency which is so | 16 |
| licensed in a
non-compact
state, if such agency first files | 17 |
| with the Department of Children and Family
Services a bond | 18 |
| with surety in the amount of $5,000 for each such child to
| 19 |
| ensure that such child shall not become a public charge | 20 |
| upon this State. Such
bond shall remain in effect until a | 21 |
| judgment for adoption is entered with
respect to such child | 22 |
| pursuant to this Act. The Department of Children and
Family | 23 |
| Services may accept, in lieu of such bond, a written | 24 |
| agreement with such
agency which provides that such agency | 25 |
| shall be liable for all costs associated
with the placement | 26 |
| of such child in the event a judgement of adoption is not
| 27 |
| entered, upon such terms and conditions as the Department | 28 |
| deems appropriate.
| 29 |
| The rules shall also provide that any agency that places | 30 |
| children for
adoption in this State may not, in any policy or | 31 |
| practice relating to the
placement of children for adoption, | 32 |
| discriminate against any child or
prospective adoptive parent | 33 |
| on the basis of race.
| 34 |
| (b) As an alternative to requiring the bond provided for in |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| paragraph
(a)(iv) of this Section, the Department of Children | 2 |
| and Family Services may
require the filing of such a bond by | 3 |
| the individual or individuals seeking
to adopt such a child | 4 |
| through placement of such child by a child placement
agency | 5 |
| located in a state which is not a party to the Interstate | 6 |
| Compact on
the Placement of Children.
| 7 |
| (c) In the case of any foreign-born child brought to the | 8 |
| United States
for adoption in this State, the following | 9 |
| preadoption requirements shall be
met:
| 10 |
| (1) Documentation that the child is legally free for | 11 |
| adoption prior to
entry into the United States shall be | 12 |
| submitted.
| 13 |
| (2) A medical report on the child, by authorized | 14 |
| medical personnel in
the country of the child's origin, | 15 |
| shall be provided when such personnel are
available.
| 16 |
| (3) Verification that the adoptive family has been | 17 |
| licensed as a foster
family home pursuant to the Child Care | 18 |
| Act of 1969, as now or hereafter
amended, shall be | 19 |
| provided.
| 20 |
| (4) A valid home study conducted by a licensed child | 21 |
| welfare agency that
complies with guidelines established | 22 |
| by the United States Immigration and
Naturalization | 23 |
| Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 24 |
| amended,
shall be submitted. A home study is considered | 25 |
| valid if it contains:
| 26 |
| (i) A factual evaluation of the financial, | 27 |
| physical, mental and moral
capabilities of the | 28 |
| prospective parent or parents to rear and educate the | 29 |
| child
properly.
| 30 |
| (ii) A detailed description of the living | 31 |
| accommodations where the
prospective parent or parents | 32 |
| currently reside.
| 33 |
| (iii) A detailed description of the living | 34 |
| accommodations in the United
States where the child |
|
|
|
09400HB3628ham001 |
- 31 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| will reside, if known.
| 2 |
| (iv) A statement or attachment recommending the | 3 |
| proposed adoption signed
by an official of the child | 4 |
| welfare agency which has conducted the home study.
| 5 |
| (5) The placing agency located in a non-compact state | 6 |
| or a family
desiring to adopt through an authorized | 7 |
| placement party in a non-compact
state or a foreign country | 8 |
| shall file with the Department of Children and
Family | 9 |
| Services a bond with surety in the amount of $5,000 as | 10 |
| protection that a
foreign-born child accepted for care or | 11 |
| supervision not become a public charge
upon the State of | 12 |
| Illinois.
| 13 |
| (6) In lieu of the $5,000 bond, the placement agency | 14 |
| may sign a binding
agreement with the Department of | 15 |
| Children and Family Services to assume
full liability for | 16 |
| all placements should, for any reason, the adoption be
| 17 |
| disrupted or not be completed, including financial and | 18 |
| planning
responsibility until the child is either returned | 19 |
| to the country of its
origin or placed with a new adoptive | 20 |
| family in the United States and that
adoption is finalized.
| 21 |
| (7) Compliance with the requirements of the Interstate | 22 |
| Compact on the
Placement of Children, when applicable, | 23 |
| shall be demonstrated.
| 24 |
| (8) When a child is adopted in a foreign country and a | 25 |
| final, complete
and valid Order of Adoption is issued in | 26 |
| that country, as determined by
both the United States | 27 |
| Department of State and the United States Department
of | 28 |
| Justice, this State shall not impose
any additional | 29 |
| preadoption requirements. The adoptive family, however,
| 30 |
| must comply with applicable requirements of the United | 31 |
| States Department of
Immigration and Naturalization as | 32 |
| provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 33 |
| amended.
| 34 |
| (d) The Department of Children and Family Services shall |
|
|
|
09400HB3628ham001 |
- 32 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| maintain the
office of Intercountry Adoption Coordinator, | 2 |
| shall maintain and protect the
rights of families and children | 3 |
| participating in adoption of foreign born
children, and shall | 4 |
| develop ongoing programs of support and services to such
| 5 |
| families and children. The Intercountry Adoption Coordinator | 6 |
| shall determine
that all preadoption requirements have been met | 7 |
| and report such information to
the Department of Immigration | 8 |
| and Naturalization.
| 9 |
| (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
| 10 |
| (750 ILCS 50/10) (from Ch. 40, par. 1512)
| 11 |
| Sec. 10. Forms of consent and surrender; execution and
| 12 |
| acknowledgment thereof. A. The form of consent required for | 13 |
| the
adoption of a born child shall be substantially as follows:
| 14 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| 15 |
| I, ...., (relationship, e.g., mother, father, relative, | 16 |
| guardian)
of ...., a ..male child, state:
| 17 |
| That such child was born on .... at ....
| 18 |
| That I reside at ...., County of .... and State of ....
| 19 |
| That I am of the age of .... years.
| 20 |
| That I hereby enter my appearance in this proceeding and | 21 |
| waive
service of summons on me.
| 22 |
| That I do hereby consent and agree to the adoption of such | 23 |
| child.
| 24 |
| That I wish to and understand that by signing this consent | 25 |
| I do
irrevocably and permanently give up all custody and other | 26 |
| parental
rights I have to such child.
| 27 |
| That I understand such child will be placed for adoption | 28 |
| and that I
cannot under any circumstances, after signing this | 29 |
| document, change my
mind and revoke or cancel this consent or | 30 |
| obtain or recover custody or
any other rights over such child. | 31 |
| That I have read and understand the
above and I am signing it | 32 |
| as my free and voluntary act.
| 33 |
| Dated (insert date).
|
|
|
|
09400HB3628ham001 |
- 33 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| .........................
| 2 |
| If under Section 8 the consent of more than one person is | 3 |
| required,
then each such person shall execute a separate | 4 |
| consent.
| 5 |
| B. The form of consent required for the adoption of an | 6 |
| unborn child
shall be substantially as follows:
| 7 |
| CONSENT TO ADOPTION OF UNBORN CHILD
| 8 |
| I, ...., state:
| 9 |
| That I am the father of a child expected to be born on or | 10 |
| about ....
to .... (name of mother).
| 11 |
| That I reside at .... County of ...., and State of .....
| 12 |
| That I am of the age of .... years.
| 13 |
| That I hereby enter my appearance in such adoption | 14 |
| proceeding and
waive service of summons on me.
| 15 |
| That I do hereby consent and agree to the adoption of such | 16 |
| child, and
that I have not previously executed a consent or | 17 |
| surrender with respect
to such child.
| 18 |
| That I wish to and do understand that by signing this | 19 |
| consent I do
irrevocably and permanently give up all custody | 20 |
| and other parental
rights I have to such child, except that I | 21 |
| have the right to revoke this
consent by giving written notice | 22 |
| of my revocation not later than 72
hours after the birth of the | 23 |
| child.
| 24 |
| That I understand such child will be placed for adoption | 25 |
| and that,
except as hereinabove provided, I cannot under any | 26 |
| circumstances, after
signing this document, change my mind and | 27 |
| revoke or cancel this consent
or obtain or recover custody or | 28 |
| any other rights over such child.
| 29 |
| That I have read and understand the above and I am signing | 30 |
| it as my
free and voluntary act.
| 31 |
| Dated (insert date).
| 32 |
| ........................
| 33 |
| B-5. (1) The parent of a child may execute a consent to |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| standby
adoption by a specified person or persons. A consent | 2 |
| under this subsection B-5
shall be acknowledged by a parent | 3 |
| pursuant to subsection H and subsection K of
this Section.
The | 4 |
| form of consent required for the standby adoption of a born | 5 |
| child
effective at a future date when the consenting
parent of | 6 |
| the child dies or
requests that a final judgment of adoption be | 7 |
| entered shall be substantially as
follows:
| 8 |
| FINAL AND IRREVOCABLE CONSENT
| 9 |
| TO STANDBY ADOPTION
| 10 |
| I, ..., (relationship, e.g. mother or father)
of ...., a | 11 |
| ..male child, state:
| 12 |
| That the child was born on .... at .....
| 13 |
| That I reside at ...., County of ...., and State of .....
| 14 |
| That I am of the age of .... years.
| 15 |
| That I hereby enter my appearance in this proceeding and | 16 |
| waive service of
summons on me in this action only.
| 17 |
| That I do hereby consent and
agree to the standby adoption | 18 |
| of the child, and that I have not previously
executed a consent | 19 |
| or surrender with respect to the child.
| 20 |
| That I wish to and understand that by signing this consent | 21 |
| I do irrevocably
and permanently give up all custody and other | 22 |
| parental rights I have to the
child, effective upon
(my death) | 23 |
| (the child's other parent's death) or upon (my) (the other
| 24 |
| parent's) request for the entry of a final judgment for | 25 |
| adoption if .....
(specified person or persons) adopt my child.
| 26 |
| That I understand that until (I die) (the child's other | 27 |
| parent dies), I
retain all legal rights and obligations | 28 |
| concerning the child, but at that time,
I irrevocably give all | 29 |
| custody and other parental rights to .... (specified
person or | 30 |
| persons).
| 31 |
| I understand my child will be adopted by ....... (specified | 32 |
| person or
persons) only and that I cannot, under any | 33 |
| circumstances, after signing this
document, change my mind and | 34 |
| revoke or cancel this consent or obtain or recover
custody or |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| any other rights over my child if ..... (specified person or
| 2 |
| persons) adopt my child.
| 3 |
| I understand that this consent to standby adoption is valid | 4 |
| only if the
petition for standby adoption is filed and that if | 5 |
| ....... (specified person or
persons), for any reason, cannot | 6 |
| or will not file a petition for standby
adoption or if his, | 7 |
| her, or their petition for standby adoption is denied, then
| 8 |
| this consent is void. I have the right to notice of any other | 9 |
| proceeding that
could affect my parental rights.
| 10 |
| That I have read and understand the above and I am signing | 11 |
| it as my free and
voluntary act.
| 12 |
| Dated (insert date).
| 13 |
| ....................
| 14 |
| If under Section 8 the consent of more than one person is | 15 |
| required, then each
such
person shall execute a separate | 16 |
| consent. A separate consent shall be executed
for each
child.
| 17 |
| (2) If the parent consents to a standby adoption by 2 | 18 |
| specified persons,
then the form shall contain 2 additional | 19 |
| paragraphs in substantially the
following form:
| 20 |
| If .... (specified persons) obtain a judgment of
| 21 |
| dissolution of
marriage before the judgment for adoption is | 22 |
| entered, then .....
(specified person) shall adopt my child. I | 23 |
| understand that I cannot change my
mind and revoke this consent | 24 |
| or obtain or recover custody of my child if .....
(specified | 25 |
| persons) obtain a judgment of dissolution of marriage and .....
| 26 |
| (specified person) adopts my child. I understand that I cannot | 27 |
| change my
mind and revoke this consent if ...... (specified | 28 |
| persons) obtain a
judgment of dissolution of marriage before | 29 |
| the adoption is final. I
understand that this consent to | 30 |
| adoption has no effect on who will get custody
of my child if | 31 |
| ..... (specified persons) obtain a judgment of dissolution
of | 32 |
| marriage after the adoption is final. I understand that if | 33 |
| either .....
(specified persons) dies before the petition to |
|
|
|
09400HB3628ham001 |
- 36 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| adopt my child is granted, then
the surviving person may adopt | 2 |
| my child. I understand that I cannot change my
mind and revoke | 3 |
| this consent or obtain or recover custody of my child if the
| 4 |
| surviving person adopts my child.
| 5 |
| A consent to standby adoption by specified persons on this | 6 |
| form shall have no
effect on a court's determination of custody | 7 |
| or visitation under the Illinois
Marriage and Dissolution
of | 8 |
| Marriage Act if the marriage of the specified persons is | 9 |
| dissolved before
the adoption is final.
| 10 |
| (3) The form of the certificate of acknowledgement for a | 11 |
| Final and
Irrevocable Consent for Standby Adoption shall be | 12 |
| substantially as follows:
| 13 |
| STATE OF .....)
| 14 |
| ) SS.
| 15 |
| COUNTY OF ....)
| 16 |
| I, ....... (name of Judge or other person) ..... (official | 17 |
| title,
name, and address), certify that ......., personally | 18 |
| known to me to be
the same person whose name is subscribed to | 19 |
| the foregoing Final and Irrevocable
Consent to Standby | 20 |
| Adoption, appeared before me this day in person and
| 21 |
| acknowledged that (she) (he) signed and
delivered the consent | 22 |
| as (her) (his) free and voluntary act, for the specified
| 23 |
| purpose.
| 24 |
| I have fully explained that this consent to adoption is | 25 |
| valid only if the
petition to adopt is filed, and that if the | 26 |
| specified person or persons, for
any reason, cannot or will not | 27 |
| adopt the child or if the adoption petition is
denied, then | 28 |
| this consent will be void. I have fully explained that if the
| 29 |
| specified person or persons adopt the child, by signing this | 30 |
| consent (she) (he)
is irrevocably and permanently | 31 |
| relinquishing all parental rights to the child,
and (she) (he) | 32 |
| has stated that such is (her) (his) intention and desire.
|
|
|
|
09400HB3628ham001 |
- 37 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| Dated (insert date).
| 2 |
| Signature..............................
| 3 |
| (4) If a consent to standby adoption is executed in this | 4 |
| form,
the consent shall be valid only if the specified
person | 5 |
| or persons adopt the child. The consent shall be void if:
| 6 |
| (a) the specified person or persons do not file a petition | 7 |
| for standby
adoption of the child; or
| 8 |
| (b) a court denies the standby adoption petition.
| 9 |
| The parent shall not need to take further action to revoke | 10 |
| the consent if the
standby adoption by the specified person or | 11 |
| persons does not occur,
notwithstanding the provisions of | 12 |
| Section 11 of this Act.
| 13 |
| C. The form of surrender to any agency given by a parent of | 14 |
| a born
child who is to be subsequently placed for adoption | 15 |
| shall be
substantially as follows and shall contain such other | 16 |
| facts and
statements as the particular agency shall require.
| 17 |
| FINAL AND IRREVOCABLE SURRENDER
| 18 |
| FOR PURPOSES OF ADOPTION
| 19 |
| I, .... (relationship, e.g., mother, father, relative, | 20 |
| guardian) of
...., a ..male child, state:
| 21 |
| That such child was born on ...., at .....
| 22 |
| That I reside at ...., County of ...., and State of .....
| 23 |
| That I am of the age of .... years.
| 24 |
| That I do hereby surrender and entrust the entire custody | 25 |
| and control
of such child to the .... (the "Agency"), a | 26 |
| (public) (licensed) child
welfare agency with its principal | 27 |
| office in the City of ...., County of
.... and State of ...., | 28 |
| for the purpose of enabling it to care for and
supervise the | 29 |
| care of such child, to place such child for adoption and
to | 30 |
| consent to the legal adoption of such child.
| 31 |
| That I hereby grant to the Agency full power and authority | 32 |
| to place
such child with any person or persons it may in its | 33 |
| sole discretion
select to become the adopting parent or parents | 34 |
| and to consent to the
legal adoption of such child by such |
|
|
|
09400HB3628ham001 |
- 38 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| person or persons; and to take any
and all measures which, in | 2 |
| the judgment of the Agency, may be for the
best interests of | 3 |
| such child, including authorizing medical, surgical
and dental | 4 |
| care and treatment including inoculation and anaesthesia for
| 5 |
| such child.
| 6 |
| That I wish to and understand that by signing this | 7 |
| surrender I do
irrevocably and permanently give up all custody | 8 |
| and other parental
rights I have to such child.
| 9 |
| That I understand I cannot under any circumstances, after | 10 |
| signing
this surrender, change my mind and revoke or cancel | 11 |
| this surrender or
obtain or recover custody or any other rights | 12 |
| over such child.
| 13 |
| That I have read and understand the above and I am signing | 14 |
| it as my
free and voluntary act.
| 15 |
| Dated (insert date).
| 16 |
| ........................
| 17 |
| D. The form of surrender to an agency given by a parent of | 18 |
| an unborn
child who is to be subsequently placed for adoption | 19 |
| shall be
substantially as follows and shall contain such other | 20 |
| facts and
statements as the particular agency shall require.
| 21 |
| SURRENDER OF UNBORN CHILD FOR
| 22 |
| PURPOSES OF ADOPTION
| 23 |
| I, .... (father), state:
| 24 |
| That I am the father of a child expected to be born on or | 25 |
| about ....
to .... (name of mother).
| 26 |
| That I reside at ...., County of ...., and State of .....
| 27 |
| That I am of the age of .... years.
| 28 |
| That I do hereby surrender and entrust the entire custody | 29 |
| and control
of such child to the .... (the "Agency"), a | 30 |
| (public) (licensed) child
welfare agency with its principal | 31 |
| office in the City of ...., County of
.... and State of ...., | 32 |
| for the purpose of enabling it to care for and
supervise the | 33 |
| care of such child, to place such child for adoption and
to | 34 |
| consent to the legal adoption of such child, and that I have |
|
|
|
09400HB3628ham001 |
- 39 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| not
previously executed a consent or surrender with respect to | 2 |
| such child.
| 3 |
| That I hereby grant to the Agency full power and authority | 4 |
| to place
such child with any person or persons it may in its | 5 |
| sole discretion
select to become the adopting parent or parents | 6 |
| and to consent to the
legal adoption of such child by such | 7 |
| person or persons; and to take any
and all measures which, in | 8 |
| the judgment of the Agency, may be for the
best interests of | 9 |
| such child, including authorizing medical, surgical
and dental | 10 |
| care and treatment, including inoculation and anaesthesia for
| 11 |
| such child.
| 12 |
| That I wish to and understand that by signing this | 13 |
| surrender I do
irrevocably and permanently give up all custody | 14 |
| and other parental
rights I have to such child.
| 15 |
| That I understand I cannot under any circumstances, after | 16 |
| signing
this surrender, change my mind and revoke or cancel | 17 |
| this surrender or
obtain or recover custody or any other rights | 18 |
| over such child, except
that I have the right to revoke this | 19 |
| surrender by giving written notice
of my revocation not later | 20 |
| than 72 hours after the birth of such child.
| 21 |
| That I have read and understand the above and I am signing | 22 |
| it as my
free and voluntary act.
| 23 |
| Dated (insert date).
| 24 |
| ........................
| 25 |
| E. The form of consent required from the parents for the | 26 |
| adoption of
an adult, when such adult elects to obtain such | 27 |
| consent, shall be
substantially as follows:
| 28 |
| CONSENT
| 29 |
| I, ...., (father) (mother) of ...., an adult, state:
| 30 |
| That I reside at ...., County of .... and State of .....
| 31 |
| That I do hereby consent and agree to the adoption of such | 32 |
| adult by
.... and .....
| 33 |
| Dated (insert date).
| 34 |
| .........................
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| F. The form of consent required for the adoption of a child | 2 |
| of the
age of 14 years or upwards, or of an adult, to be given | 3 |
| by such person,
shall be substantially as follows:
| 4 |
| CONSENT
| 5 |
| I, ...., state:
| 6 |
| That I reside at ...., County of .... and State of ..... | 7 |
| That I am
of the age of .... years. That I consent and agree to | 8 |
| my adoption by
.... and .....
| 9 |
| Dated (insert date).
| 10 |
| ........................
| 11 |
| G. The form of consent given by an agency to the adoption | 12 |
| by
specified persons of a child previously surrendered to it | 13 |
| shall set
forth that the agency has the authority to execute | 14 |
| such consent. The
form of consent given by a guardian of the | 15 |
| person of a child sought to
be adopted, appointed by a court of | 16 |
| competent jurisdiction, shall set
forth the facts of such | 17 |
| appointment and the authority of the guardian to
execute such | 18 |
| consent.
| 19 |
| H. A consent (other than that given by an agency, or | 20 |
| guardian of the
person of the child sought to be adopted | 21 |
| appointed by a court of
competent jurisdiction) shall be | 22 |
| acknowledged by a parent before the
presiding judge of the | 23 |
| court in which the petition for adoption has
been, or is to be | 24 |
| filed or before any other judge or hearing officer
designated | 25 |
| or
subsequently approved by the court, or the circuit clerk if | 26 |
| so authorized
by the presiding judge or, except as otherwise | 27 |
| provided in
this Act, before a representative of the Department | 28 |
| of Children and
Family Services or a licensed child welfare | 29 |
| agency, or before social
service personnel under the | 30 |
| jurisdiction of a court of competent
jurisdiction, or before | 31 |
| social service personnel of the Cook County
Department of | 32 |
| Supportive Services designated by the presiding judge.
| 33 |
| I. A surrender, or any other document equivalent to a | 34 |
| surrender, by
which a child is surrendered to an agency shall |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| be acknowledged by the
person signing such surrender, or other | 2 |
| document, before a judge or hearing
officer or the
clerk of any | 3 |
| court of record, either in this State or any other state of
the | 4 |
| United States, or before a representative of an agency or | 5 |
| before any
other person designated or approved by the presiding | 6 |
| judge of the court
in which the petition for adoption has been, | 7 |
| or is to be, filed.
| 8 |
| J. The form of the certificate of acknowledgment for a | 9 |
| consent, a
surrender, or any other document equivalent to a | 10 |
| surrender, shall be
substantially as follows:
| 11 |
| STATE OF ....)
| 12 |
| ) SS.
| 13 |
| COUNTY OF ...)
| 14 |
| I, .... (Name of judge or other person), .... (official | 15 |
| title, name and
location of court or status or position of | 16 |
| other person),
certify that ...., personally known to me to be | 17 |
| the same person whose
name is subscribed to the foregoing | 18 |
| (consent) (surrender), appeared
before me this day in person | 19 |
| and acknowledged that (she) (he) signed and
delivered such | 20 |
| (consent) (surrender) as (her) (his) free and voluntary
act, | 21 |
| for the specified purpose.
| 22 |
| I have fully explained that by signing such (consent) | 23 |
| (surrender)
(she) (he) is irrevocably relinquishing all | 24 |
| parental rights to such
child or adult and (she) (he) has | 25 |
| stated that such is (her) (his)
intention and desire.
| 26 |
| Dated (insert date).
| 27 |
| Signature ...............
| 28 |
| K. When the execution of a consent or a surrender is | 29 |
| acknowledged
before someone other than a judge or the clerk of | 30 |
| a court of record,
such other person shall have his signature | 31 |
| on the certificate
acknowledged before a notary public, in form | 32 |
| substantially as follows:
| 33 |
| STATE OF ....)
| 34 |
| ) SS.
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| COUNTY OF ...)
| 2 |
| I, a Notary Public, in and for the County of ......, in the | 3 |
| State of
......, certify that ...., personally known to me to | 4 |
| be the
same person whose name is subscribed to the foregoing | 5 |
| certificate of
acknowledgment, appeared before me in person and | 6 |
| acknowledged that (she)
(he) signed such certificate as (her) | 7 |
| (his) free and voluntary act and
that the statements made in | 8 |
| the certificate are true.
| 9 |
| Dated (insert date).
| 10 |
| Signature ...................... Notary Public
| 11 |
| (official seal)
| 12 |
| There shall be attached a certificate of magistracy, or | 13 |
| other
comparable proof of office of the notary public | 14 |
| satisfactory to the
court, to a consent signed and acknowledged | 15 |
| in another state.
| 16 |
| L. A surrender or consent executed and acknowledged outside | 17 |
| of this
State, either in accordance with the law of this State | 18 |
| or in accordance
with the law of the place where executed, is | 19 |
| valid , provided that the surrender or consent is neither | 20 |
| executed nor acknowledged prior to 72 hours after the birth of | 21 |
| the child, that any travel or accommodations outside of the | 22 |
| State provided by the receiving agency or party in the | 23 |
| receiving state to a biological parent or parents for purposes | 24 |
| of signing a surrender or consent (i) is provided no less than | 25 |
| 72 hours after the birth of the child and (ii) includes return | 26 |
| travel by the same mode of transportation, and that the travel | 27 |
| arrangements have been approved in advance of departure by the | 28 |
| Illinois Interstate Compact for the Placement of Children | 29 |
| Office .
| 30 |
| M. Where a consent or a surrender is signed in a foreign | 31 |
| country,
the execution of such consent shall be acknowledged or | 32 |
| affirmed in a
manner conformable to the law and procedure of | 33 |
| such country.
|
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| N. If the person signing a consent or surrender is in the | 2 |
| military
service of the United States, the execution of such | 3 |
| consent or surrender
may be acknowledged before a commissioned | 4 |
| officer and the signature of
such officer on such certificate | 5 |
| shall be verified or acknowledged
before a notary public or by | 6 |
| such other procedure as is then in effect
for such division or | 7 |
| branch of the armed forces.
| 8 |
| O. (1) The parent or parents of a child in whose interests | 9 |
| a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 10 |
| is pending may, with the
approval of the designated | 11 |
| representative of the Department of Children and
Family | 12 |
| Services, execute a consent to adoption by a specified person | 13 |
| or
persons:
| 14 |
| (a) in whose physical custody the child has resided for | 15 |
| at least 6
months;
or
| 16 |
| (b) in whose physical custody at least one sibling of | 17 |
| the child who is the
subject of this consent has resided | 18 |
| for at least 6 months, and
the child who is
the subject of | 19 |
| this consent is currently residing in this foster home; or
| 20 |
| (c) in whose physical custody a child under one year of | 21 |
| age has resided
for at least 3 months.
| 22 |
| A consent under this subsection O shall be acknowledged by a | 23 |
| parent pursuant to
subsection H and subsection K of this | 24 |
| Section.
| 25 |
| (2) The consent to adoption by a specified person or | 26 |
| persons shall have the
caption of the proceeding in which it is | 27 |
| to be filed and shall be substantially
as follows:
| 28 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| 29 |
| A SPECIFIED PERSON OR PERSONS
| 30 |
| I, ......................................, the | 31 |
| .................. (mother or
father) of a ....male child, | 32 |
| state:
| 33 |
| 1. My child ............................ (name of | 34 |
| child) was born on
(insert date) at .................... |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| Hospital in
................ County, State of | 2 |
| ...............
| 3 |
| 2. I reside at ......................, County of | 4 |
| ............. and
State of ..............
| 5 |
| 3. I, ..........................., am .... years old.
| 6 |
| 4. I enter my appearance in this action to adopt my | 7 |
| child by the
person or persons specified herein by me and | 8 |
| waive service of
summons on me in this action only.
| 9 |
| 5. I consent to the adoption of my child by
| 10 |
| .............................
(specified person or | 11 |
| persons) only.
| 12 |
| 6. I wish to sign this consent and I understand that by | 13 |
| signing this
consent I irrevocably and permanently give up | 14 |
| all parental rights I have to my
child if my child is | 15 |
| adopted by ............................. (specified person
| 16 |
| or persons).
| 17 |
| 7. I understand my child will be adopted by | 18 |
| .............................
(specified person or | 19 |
| persons) only and that I cannot under any circumstances,
| 20 |
| after signing this document, change my mind and revoke or | 21 |
| cancel this consent
or obtain or recover custody or any | 22 |
| other rights over my child if
............................ | 23 |
| (specified person or persons) adopt my child.
| 24 |
| 8. I understand that this consent to adoption is valid | 25 |
| only if the
petition to adopt is filed within one year from | 26 |
| the date that I sign it and
that if ....................... | 27 |
| (specified person or persons), for any reason,
cannot or | 28 |
| will not file a petition to adopt my child within that one | 29 |
| year
period or if their adoption petition is denied, then | 30 |
| this consent will be
voidable after one year upon the | 31 |
| timely filing of my motion. If I file this
motion before | 32 |
| the filing of the petition for adoption, I understand that | 33 |
| the
court shall revoke this specific consent.
I have the | 34 |
| right to notice of any other proceeding that could affect |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| my
parental rights, except for the proceeding for | 2 |
| ............. (specified person
or persons) to adopt my | 3 |
| child.
| 4 |
| 9. I have read and understand the above and I am | 5 |
| signing it as my free
and voluntary act.
| 6 |
| Dated (insert date).
| 7 |
| .............................................
| 8 |
| Signature of parent
| 9 |
| (3) If the parent consents to an adoption by 2 specified | 10 |
| persons, then the
form shall contain 2 additional paragraphs in | 11 |
| substantially the following form:
| 12 |
| 10. If ............... (specified persons) get a | 13 |
| divorce
before the petition to adopt my child is granted, | 14 |
| then ..........
(specified person) shall adopt my child. I | 15 |
| understand that I
cannot change my mind and revoke this | 16 |
| consent or obtain or
recover custody over my child if | 17 |
| ............. (specified persons)
divorce and | 18 |
| ............. (specified person) adopts my
child. I | 19 |
| understand that I cannot change my mind and revoke
this | 20 |
| consent or obtain or recover custody over my child if
| 21 |
| ................. (specified persons) divorce after the
| 22 |
| adoption is final. I understand that this consent to | 23 |
| adoption
has no effect on who will get custody of my child | 24 |
| if they
divorce after the adoption is final.
| 25 |
| 11. I understand that if either ...............
| 26 |
| (specified persons) dies before the petition to adopt
my | 27 |
| child is granted, then the surviving person can adopt my | 28 |
| child. I
understand that I cannot change my mind and revoke | 29 |
| this consent
or obtain or recover custody over my child if | 30 |
| the surviving
person adopts my child.
| 31 |
| A consent to adoption by specified persons on this form | 32 |
| shall
have no effect on a court's determination of custody or | 33 |
| visitation
under the Illinois Marriage and Dissolution of | 34 |
| Marriage Act if the
marriage of the
specified persons is |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| dissolved after the adoption is final.
| 2 |
| (4) The form of the certificate of acknowledgement for a | 3 |
| Final and
Irrevocable Consent for Adoption by a Specified | 4 |
| Person or Persons shall be
substantially as follows:
| 5 |
| STATE OF..............)
| 6 |
| ) SS.
| 7 |
| COUNTY OF.............)
| 8 |
| I, .................... (Name of Judge or other person),
| 9 |
| ..................... (official title, name, and address),
| 10 |
| certify that ............., personally known to me to be the | 11 |
| same person whose
name is subscribed to the foregoing Final and | 12 |
| Irrevocable Consent for Adoption
by a Specified Person or | 13 |
| Persons, appeared before me this day
in person and acknowledged | 14 |
| that (she)(he) signed and delivered the consent as
(her)(his) | 15 |
| free and voluntary act, for the specified purpose.
| 16 |
| I have fully explained that this consent to adoption is | 17 |
| valid only if the
petition to adopt is filed within one year | 18 |
| from the date that it is signed, and
that if the specified | 19 |
| person or persons, for any reason, cannot or will not
adopt the | 20 |
| child or if the adoption petition is denied, then this consent | 21 |
| will
be voidable after one year upon the timely filing of a | 22 |
| motion by the parent
to revoke the consent. I explained that if | 23 |
| this motion is filed before the
filing of the petition for | 24 |
| adoption, the court shall revoke this specific
consent. I have | 25 |
| fully explained that if the specified person or
persons adopt
| 26 |
| the child, by signing this consent this parent is irrevocably
| 27 |
| and permanently
relinquishing all parental rights to the child, | 28 |
| and this parent has stated that
such is (her)(his) intention | 29 |
| and desire.
| 30 |
| Dated (insert date).
| 31 |
| ...............................
| 32 |
| Signature
|
|
|
|
09400HB3628ham001 |
- 47 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| (5) If a consent to adoption by a specified person or | 2 |
| persons is executed in
this form, the following provisions | 3 |
| shall apply. The consent shall be valid
only if that specified | 4 |
| person or persons adopt the child. The consent shall be
| 5 |
| voidable after one year if:
| 6 |
| (a) the specified person or persons do not file a | 7 |
| petition to adopt the
child within one year after the | 8 |
| consent is signed and the parent files a
timely motion to | 9 |
| revoke this consent. If this motion is filed before the
| 10 |
| filing of the petition for adoption the court shall revoke | 11 |
| this consent; or
| 12 |
| (b) a court denies the adoption petition; or
| 13 |
| (c) the Department of Children and Family Services | 14 |
| Guardianship
Administrator determines that the specified | 15 |
| person or persons will not or
cannot complete the adoption, | 16 |
| or in the best interests of the child should not
adopt the | 17 |
| child.
| 18 |
| Within 30 days of the consent becoming void, the Department | 19 |
| of Children and
Family Services Guardianship Administrator | 20 |
| shall make good faith attempts to
notify the parent in writing | 21 |
| and shall give written notice to the court and all
additional | 22 |
| parties in writing that the adoption has not occurred or will | 23 |
| not
occur and that the consent is void. If the adoption by a | 24 |
| specified person or
persons does not occur, no proceeding for | 25 |
| termination of parental rights shall
be brought unless the | 26 |
| biological parent who executed the consent to adoption by
a | 27 |
| specified person or persons has been notified of the proceeding | 28 |
| pursuant to
Section 7 of this Act or subsection (4) of Section | 29 |
| 2-13 of the Juvenile Court
Act of 1987. The parent shall not | 30 |
| need to take further action to revoke the
consent if the | 31 |
| specified adoption does not occur, notwithstanding the
| 32 |
| provisions of Section 11 of this Act.
| 33 |
| (6) The Department of Children and Family Services is | 34 |
| authorized
to promulgate rules necessary to implement this |
|
|
|
09400HB3628ham001 |
- 48 - |
LRB094 10953 RAS 44411 a |
|
| 1 |
| subsection O.
| 2 |
| (7) The Department shall collect and maintain data | 3 |
| concerning the efficacy
of specific consents. This data shall | 4 |
| include the number of specific consents
executed and their | 5 |
| outcomes, including but not limited to the number of
children | 6 |
| adopted pursuant to the consents, the number of children for | 7 |
| whom
adoptions are not completed, and the reason or reasons why | 8 |
| the adoptions are
not completed.
| 9 |
| (Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
| 10 |
| (750 ILCS 50/21) (from Ch. 40, par. 1526)
| 11 |
| Sec. 21. Compensation for placing of children prohibited.
| 12 |
| No person, agency, association, corporation, institution, | 13 |
| society or
other organization, except a child welfare agency as | 14 |
| defined by the "Child
Care Act", approved July 10, 1957, as now | 15 |
| or hereafter amended, shall
receive or accept, or pay or give | 16 |
| any compensation or thing of value,
directly or indirectly, for | 17 |
| providing adoption services, as that term is defined in the | 18 |
| Child Care Act of 1969, including placing out of a child as is | 19 |
| more specifically
provided in "An Act to prevent the payment or | 20 |
| receipt of compensation for
placing out children for adoption | 21 |
| or for the purpose of providing care",
approved July 14, 1955, | 22 |
| as now or hereafter amended.
| 23 |
| (Source: Laws, 1959, p. 1269.)
| 24 |
| Section 95. No acceleration or delay. Where this Act makes | 25 |
| changes in a
statute that is represented in this Act by text | 26 |
| that is not yet or no longer in
effect (for example, a Section | 27 |
| represented by multiple versions), the use of
that text does | 28 |
| not accelerate or delay the taking effect of (i) the changes
| 29 |
| made by this Act or (ii) provisions derived from any other | 30 |
| Public Act.
| 31 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
09400HB3628ham001 |
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LRB094 10953 RAS 44411 a |
|
| 1 |
| becoming law.".
|
|