Full Text of SB1993 97th General Assembly
SB1993sam001 97TH GENERAL ASSEMBLY | Sen. Shane Cultra Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1993
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1993 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 2.08 as follows:
| 6 | | (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
| 7 | | Sec. 2.08.
"Child welfare agency" means a public or private | 8 | | child care facility,
receiving any child or children for the | 9 | | purpose of placing or arranging for
the placement or free care | 10 | | of the child or children in foster family homes, unlicensed | 11 | | pre-adoptive and adoptive homes, or other
facilities for child | 12 | | care, apart from the custody of the child's or
children's | 13 | | parents. The term "child welfare agency" includes all agencies
| 14 | | established and maintained by a municipality or other political | 15 | | subdivision
of the State of Illinois to protect, guard, train | 16 | | or care for children
outside their own homes and all agencies, |
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| 1 | | persons, groups of persons, associations, organizations, | 2 | | corporations, institutions, religious institutions, centers, | 3 | | or groups providing adoption services, but does not include any | 4 | | circuit court or duly
appointed juvenile probation officer or | 5 | | youth counselor of the court who
receives and places children | 6 | | under an order of the court.
| 7 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 8 | | Section 10. The Adoption Act is amended by changing Section | 9 | | 4.1 as follows:
| 10 | | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| 11 | | Sec. 4.1. Except for children placed with relatives by the | 12 | | Department of
Children and Family Services pursuant to | 13 | | subsection (b) of Section 7 of the
Children and Family Services | 14 | | Act, placements under this Act shall comply with
the Child Care | 15 | | Act of 1969 and the Interstate Compact on the Placement of
| 16 | | Children. Placements of children born outside the United States | 17 | | or a territory
thereof shall comply with rules promulgated by | 18 | | the United States Department of
Immigration and | 19 | | Naturalization.
| 20 | | Rules promulgated by the Department of Children and Family | 21 | | Services shall
include but not be limited to the following:
| 22 | | (a) Any agency providing adoption services as defined in | 23 | | Section 2.24 of the Child Care Act of 1969 in this State:
| 24 | | (i) Shall be licensed in this State as a child welfare |
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| 1 | | agency as defined
in Section 2.08 of the Child Care Act of | 2 | | 1969; or
| 3 | | (ii) Shall be licensed as a child placement agency in a | 4 | | state which is a
party to the Interstate Compact on the | 5 | | Placement of Children and shall be approved by the | 6 | | Department to place children into Illinois in accordance | 7 | | with subsection (a-5) of this Section; 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 and shall be approved by | 17 | | the Department to place children into Illinois in | 18 | | accordance with subsection (a-5) of this Section, if such | 19 | | agency first files with the Department of Children and | 20 | | Family
Services a bond with surety in the amount of $5,000 | 21 | | for each such child to
ensure that such child shall not | 22 | | become a public charge upon this State. Such
bond shall | 23 | | remain in effect until a judgment for adoption is entered | 24 | | with
respect to such child pursuant to this Act. The | 25 | | Department of Children and
Family Services may accept, in | 26 | | lieu of such bond, a written agreement with such
agency |
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| 1 | | which provides that such agency shall be liable for all | 2 | | costs associated
with the placement of such child in the | 3 | | event a judgment of adoption is not
entered, upon such | 4 | | terms and conditions as the Department deems appropriate.
| 5 | | (a-3) Notwithstanding other provisions of this Act, a | 6 | | church, synagogue, temple, mosque, or other religious | 7 | | institution that is an agency providing adoption services, as | 8 | | defined in Section 2.24 of the Child Care Act of 1969, and that | 9 | | is licensed as a child welfare agency, as defined in Section | 10 | | 2.08 of the Child Care Act of 1969, may adopt faith-based | 11 | | policies and practices relating to the placement of children | 12 | | for adoption which provide for the placement of a child with a | 13 | | prospective adoptive parent who holds the same religious | 14 | | beliefs as those held by that religious institution; provided, | 15 | | however, that: | 16 | | (1) The best interest of the child must always be the | 17 | | primary factor in placement decisions. | 18 | | (2) An agency's religious preference for placement | 19 | | must never override the religious faith of the child in | 20 | | making a placement decision; in the absence of expressed | 21 | | religious wishes, as defined in this subsection, a | 22 | | determination of the religious wishes, if any, of the | 23 | | biological parent shall be made upon other facts in the | 24 | | particular case, and if there is no evidence to the | 25 | | contrary, it shall be presumed that the biological parent | 26 | | wishes the child to be reared in the religion of the |
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| 1 | | biological parent. | 2 | | (3) If an agency uses religion as a factor in making a | 3 | | placement decision, this must be disclosed to prospective | 4 | | adoptive applicants before any fees are accepted by the | 5 | | agency. | 6 | | (4) If an agency uses religion as a factor in making | 7 | | placement decisions, this must be disclosed to all | 8 | | biological parents seeking counseling or placement | 9 | | services at the outset of services. | 10 | | (5) In appointing a guardian of a child, and in | 11 | | granting an order of adoption of a child, the court shall, | 12 | | when practicable, appoint as guardian, and give custody | 13 | | through adoption, only to a person or persons of the same | 14 | | religious faith as that of the child. | 15 | | (6) The provisions of paragraph (5) of this subsection | 16 | | shall be interpreted so as to assure that in the care, | 17 | | protection, adoption, guardianship, discipline, and | 18 | | control of any child, the child's religious faith shall be | 19 | | preserved and protected. | 20 | | (7) Whenever a child is placed in the custody, or under | 21 | | the supervision or control, of a person or persons of a
| 22 | | religious faith different from that of the child, or if a | 23 | | guardian of a child is appointed whose religious faith is | 24 | | different from that of the child, or if letters of adoption | 25 | | of a child are granted to a person or persons whose | 26 | | religious faith is different from that of the child or if a |
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| 1 | | child is placed with an authorized child welfare agency | 2 | | which is closely affiliated with a religious faith | 3 | | different from that of the child, the court or public | 4 | | official shall state or recite the facts which impelled the | 5 | | placement to be made contrary to the religious faith of the | 6 | | child or to any person whose religious faith is different | 7 | | from that of the child and the statement shall be a part of | 8 | | the record of the proceeding or documented in appropriate | 9 | | agency records, and subject to inspection by the Department | 10 | | of Children and Family Services or an authorized agency. | 11 | | This
item shall not apply to institutions supported and | 12 | | controlled by the State or a subdivision thereof. | 13 | | (8) The provisions of this subsection in relation to | 14 | | the protection of the religious faith of children shall | 15 | | also apply to a minor who is at least 16
years old but not | 16 | | yet 18 years old. | 17 | | (9) The provisions of paragraphs (5), (6), (7), and (8) | 18 | | of this subsection shall, so far as consistent with the | 19 | | best interests of
the child, and where practicable, be | 20 | | applied so as to give effect to the religious wishes of the | 21 | | birth mother, and of the birth father whose
consent would | 22 | | be required for the child's adoption pursuant to the Act, | 23 | | if the child is born
out of wedlock, or if born in wedlock, | 24 | | the religious wishes of the biological parents of the | 25 | | child, or if only one of the birth parents of an
in wedlock | 26 | | child is then living, the religious wishes of the birth |
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| 1 | | parent then living. Religious wishes of a parent shall | 2 | | include wishes
that the child receive a placement that is: | 3 | | in the same religion as the birth parent; in a different | 4 | | religion from the birth parent; not based on
religion in | 5 | | any manner; or is based on religion, but only as a | 6 | | subordinate consideration. | 7 | | "Expressed religious wishes" of a birth parent shall mean | 8 | | those which have been set
forth in a writing signed by the | 9 | | birth parent, except that, in a non-agency adoption, such | 10 | | writing shall be an affidavit of the biological
parent. In the | 11 | | absence of expressed religious wishes, as defined in this | 12 | | subdivision, determination of the religious wishes, if any, of | 13 | | the biological
parent, shall be made upon the other facts of | 14 | | the particular case, and, if there is no evidence to the | 15 | | contrary, it shall be presumed that the
biological parent | 16 | | wishes the child to be reared in the religion of the birth | 17 | | parent. | 18 | | The rules shall also provide that any agency that places | 19 | | children for
adoption in this State may not, in any policy or | 20 | | practice relating to the
placement of children for adoption, | 21 | | discriminate against any child or
prospective adoptive parent | 22 | | on the basis of race.
| 23 | | (a-5) Out-of-state private placing agencies that seek to | 24 | | place children into Illinois for the purpose of foster care or | 25 | | adoption shall provide all of the following to the Department: | 26 | | (i) A copy of the agency's current license or other |
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| 1 | | form of authorization from the approving authority in the | 2 | | agency's state. If no such license or authorization is | 3 | | issued, the agency must provide a reference statement from | 4 | | the approving authority stating the agency is authorized to | 5 | | place children in foster care or adoption or both in its | 6 | | jurisdiction. | 7 | | (ii) A description of the program, including home | 8 | | studies, placements, and supervisions that the child | 9 | | placing agency conducts within its geographical area, and, | 10 | | if applicable, adoptive placements and the finalization of | 11 | | adoptions. The child placing agency must accept continued | 12 | | responsibility for placement planning and replacement if | 13 | | the placement fails. | 14 | | (iii) Notification to the Department of any | 15 | | significant child placing agency changes after approval.
| 16 | | (iv) Any other information the Department may require.
| 17 | | If the adoption is finalized prior to bringing or sending | 18 | | the child to Illinois, Department approval of the out-of-state | 19 | | child placing agency involved is not required under this | 20 | | Section, nor is compliance with the Interstate Compact on the | 21 | | Placement of Children.
| 22 | | (b) As an alternative to requiring the bond provided for in | 23 | | paragraph
(a)(iv) of this Section, the Department of Children | 24 | | and Family Services may
require the filing of such a bond by | 25 | | the individual or individuals seeking
to adopt such a child | 26 | | through placement of such child by a child placement
agency |
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| 1 | | located in a state which is not a party to the Interstate | 2 | | Compact on
the Placement of Children.
| 3 | | (c) In the case of any foreign-born child brought to the | 4 | | United States
for adoption in this State, the following | 5 | | preadoption requirements shall be
met:
| 6 | | (1) Documentation that the child is legally free for | 7 | | adoption prior to
entry into the United States shall be | 8 | | submitted.
| 9 | | (2) A medical report on the child, by authorized | 10 | | medical personnel in
the country of the child's origin, | 11 | | shall be provided when such personnel are
available.
| 12 | | (3) Verification that the adoptive family has been | 13 | | licensed as a foster
family home pursuant to the Child Care | 14 | | Act of 1969, as now or hereafter
amended, shall be | 15 | | provided.
| 16 | | (4) A valid home study conducted by a licensed child | 17 | | welfare agency that
complies with guidelines established | 18 | | by the United States Immigration and
Naturalization | 19 | | Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 20 | | amended,
shall be submitted. A home study is considered | 21 | | valid if it contains:
| 22 | | (i) A factual evaluation of the financial, | 23 | | physical, mental and moral
capabilities of the | 24 | | prospective parent or parents to rear and educate the | 25 | | child
properly.
| 26 | | (ii) A detailed description of the living |
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| 1 | | accommodations where the
prospective parent or parents | 2 | | currently reside.
| 3 | | (iii) A detailed description of the living | 4 | | accommodations in the United
States where the child | 5 | | will reside, if known.
| 6 | | (iv) A statement or attachment recommending the | 7 | | proposed adoption signed
by an official of the child | 8 | | welfare agency which has conducted the home study.
| 9 | | (5) The placing agency located in a non-compact state | 10 | | or a family
desiring to adopt through an authorized | 11 | | placement party in a non-compact
state or a foreign country | 12 | | shall file with the Department of Children and
Family | 13 | | Services a bond with surety in the amount of $5,000 as | 14 | | protection that a
foreign-born child accepted for care or | 15 | | supervision not become a public charge
upon the State of | 16 | | Illinois.
| 17 | | (6) In lieu of the $5,000 bond, the placement agency | 18 | | may sign a binding
agreement with the Department of | 19 | | Children and Family Services to assume
full liability for | 20 | | all placements should, for any reason, the adoption be
| 21 | | disrupted or not be completed, including financial and | 22 | | planning
responsibility until the child is either returned | 23 | | to the country of its
origin or placed with a new adoptive | 24 | | family in the United States and that
adoption is finalized.
| 25 | | (7) Compliance with the requirements of the Interstate | 26 | | Compact on the
Placement of Children, when applicable, |
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| 1 | | shall be demonstrated.
| 2 | | (8) When a child is adopted in a foreign country and a | 3 | | final, complete
and valid Order of Adoption is issued in | 4 | | that country, as determined by
both the United States | 5 | | Department of State and the United States Department
of | 6 | | Justice, this State shall not impose
any additional | 7 | | preadoption requirements. The adoptive family, however,
| 8 | | must comply with applicable requirements of the United | 9 | | States Department of
Immigration and Naturalization as | 10 | | provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 11 | | amended.
| 12 | | (d) The Department of Children and Family Services shall | 13 | | maintain the
office of Intercountry Adoption Coordinator, | 14 | | shall maintain and protect the
rights of families and children | 15 | | participating in adoption of foreign born
children, and shall | 16 | | develop ongoing programs of support and services to such
| 17 | | families and children. The Intercountry Adoption Coordinator | 18 | | shall determine
that all preadoption requirements have been met | 19 | | and report such information to
the Department of Immigration | 20 | | and Naturalization.
| 21 | | (Source: P.A. 94-586, eff. 8-15-05.)".
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