Illinois General Assembly - Full Text of HB2809
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Full Text of HB2809  98th General Assembly

HB2809enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB2809 EnrolledLRB098 10935 HEP 41501 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Sections
51, 2.1, 4.1, and 6 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood or marriage:
14parent, grand-parent, brother, sister, step-parent,
15step-grandparent, step-brother, step-sister, uncle, aunt,
16great-uncle, great-aunt, or cousin of first degree. A child
17whose parent has executed a final irrevocable consent to
18adoption or a final irrevocable surrender for purposes of
19adoption, or whose parent has had his or her parental rights
20terminated, is not a related child to that person, unless the
21consent is determined to be void or is void pursuant to
22subsection O of Section 10.
23    C. "Agency" for the purpose of this Act means a public

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of the Juvenile Court Act of 1987 or dependent minor under
2    Section 2-4 of that Act. If a service plan has been
3    established as required under Section 8.2 of the Abused and
4    Neglected Child Reporting Act to correct the conditions
5    that were the basis for the removal of the child from the
6    parent and if those services were available, then, for
7    purposes of this Act, "failure to make reasonable progress
8    toward the return of the child to the parent" includes (I)
9    the parent's failure to substantially fulfill his or her
10    obligations under the service plan and correct the
11    conditions that brought the child into care within 9 months
12    after the adjudication under Section 2-3 or 2-4 of the
13    Juvenile Court Act of 1987 and (II) the parent's failure to
14    substantially fulfill his or her obligations under the
15    service plan and correct the conditions that brought the
16    child into care during any 9-month period after the end of
17    the initial 9-month period following the adjudication
18    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
19    Notwithstanding any other provision, when a petition or
20    motion seeks to terminate parental rights on the basis of
21    item (iii) of this subsection (m), the petitioner shall
22    file with the court and serve on the parties a pleading
23    that specifies the 9-month period or periods relied on. The
24    pleading shall be filed and served on the parties no later
25    than 3 weeks before the date set by the court for closure
26    of discovery, and the allegations in the pleading shall be

 

 

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

 

 

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

 

 

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1    available where the petition is brought by the mother or
2    the husband of the mother.
3        Contact or communication by a parent with his or her
4    child that does not demonstrate affection and concern does
5    not constitute reasonable contact and planning under
6    subdivision (n). In the absence of evidence to the
7    contrary, the ability to visit, communicate, maintain
8    contact, pay expenses and plan for the future shall be
9    presumed. The subjective intent of the parent, whether
10    expressed or otherwise, unsupported by evidence of the
11    foregoing parental acts manifesting that intent, shall not
12    preclude a determination that the parent has intended to
13    forgo his or her parental rights. In making this
14    determination, the court may consider but shall not require
15    a showing of diligent efforts by an authorized agency to
16    encourage the parent to perform the acts specified in
17    subdivision (n).
18        It shall be an affirmative defense to any allegation
19    under paragraph (2) of this subsection that the father's
20    failure was due to circumstances beyond his control or to
21    impediments created by the mother or any other person
22    having legal custody. Proof of that fact need only be by a
23    preponderance of the evidence.
24        (o) Repeated or continuous failure by the parents,
25    although physically and financially able, to provide the
26    child with adequate food, clothing, or shelter.

 

 

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1        (p) Inability to discharge parental responsibilities
2    supported by competent evidence from a psychiatrist,
3    licensed clinical social worker, or clinical psychologist
4    of mental impairment, mental illness or an intellectual
5    disability as defined in Section 1-116 of the Mental Health
6    and Developmental Disabilities Code, or developmental
7    disability as defined in Section 1-106 of that Code, and
8    there is sufficient justification to believe that the
9    inability to discharge parental responsibilities shall
10    extend beyond a reasonable time period. However, this
11    subdivision (p) shall not be construed so as to permit a
12    licensed clinical social worker to conduct any medical
13    diagnosis to determine mental illness or mental
14    impairment.
15        (q) (Blank).
16        (r) The child is in the temporary custody or
17    guardianship of the Department of Children and Family
18    Services, the parent is incarcerated as a result of
19    criminal conviction at the time the petition or motion for
20    termination of parental rights is filed, prior to
21    incarceration the parent had little or no contact with the
22    child or provided little or no support for the child, and
23    the parent's incarceration will prevent the parent from
24    discharging his or her parental responsibilities for the
25    child for a period in excess of 2 years after the filing of
26    the petition or motion for termination of parental rights.

 

 

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1        (s) The child is in the temporary custody or
2    guardianship of the Department of Children and Family
3    Services, the parent is incarcerated at the time the
4    petition or motion for termination of parental rights is
5    filed, the parent has been repeatedly incarcerated as a
6    result of criminal convictions, and the parent's repeated
7    incarceration has prevented the parent from discharging
8    his or her parental responsibilities for the child.
9        (t) A finding that at birth the child's blood, urine,
10    or meconium contained any amount of a controlled substance
11    as defined in subsection (f) of Section 102 of the Illinois
12    Controlled Substances Act, or a metabolite of a controlled
13    substance, with the exception of controlled substances or
14    metabolites of such substances, the presence of which in
15    the newborn infant was the result of medical treatment
16    administered to the mother or the newborn infant, and that
17    the biological mother of this child is the biological
18    mother of at least one other child who was adjudicated a
19    neglected minor under subsection (c) of Section 2-3 of the
20    Juvenile Court Act of 1987, after which the biological
21    mother had the opportunity to enroll in and participate in
22    a clinically appropriate substance abuse counseling,
23    treatment, and rehabilitation program.
24    E. "Parent" means the father or mother of a lawful child of
25the parties or child born out of wedlock. For the purpose of
26this Act, a person who has executed a final and irrevocable

 

 

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

 

 

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1context of this Act may require.
2    H. "Adoption disruption" occurs when an adoptive placement
3does not prove successful and it becomes necessary for the
4child to be removed from placement before the adoption is
5finalized.
6    I. "Habitual residence" has the meaning ascribed to it in
7the federal Intercountry Adoption Act of 2000 and regulations
8promulgated thereunder. "Foreign placing agency" is an agency
9or individual operating in a country or territory outside the
10United States that is authorized by its country to place
11children for adoption either directly with families in the
12United States or through United States based international
13agencies.
14    J. "Immediate relatives" means the biological parents, the
15parents of the biological parents and siblings of the
16biological parents.
17    K. "Intercountry adoption" is a process by which a child
18from a country other than the United States is adopted by
19persons who are habitual residents of the United States, or the
20child is a habitual resident of the United States who is
21adopted by persons who are habitual residents of a country
22other than the United States.
23    L. "Intercountry Adoption Coordinator" means is a staff
24person of the Department of Children and Family Services
25appointed by the Director to coordinate the provision of
26services related to an intercountry adoption. by the public and

 

 

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1private sector to prospective parents of foreign-born
2children.
3    M. "Interstate Compact on the Placement of Children" is a
4law enacted by all most states and certain territories for the
5purpose of establishing uniform procedures for handling the
6interstate placement of children in foster homes, adoptive
7homes, or other child care facilities.
8    N. (Blank) "Non-Compact state" means a state that has not
9enacted the Interstate Compact on the Placement of Children.
10    O. "Preadoption requirements" means any conditions or
11standards established by the laws or administrative rules of
12this State are any conditions established by the laws or
13regulations of the Federal Government or of each state that
14must be met by a prospective adoptive parent prior to the
15placement of a child in an adoptive home.
16    P. "Abused child" means a child whose parent or immediate
17family member, or any person responsible for the child's
18welfare, or any individual residing in the same home as the
19child, or a paramour of the child's parent:
20        (a) inflicts, causes to be inflicted, or allows to be
21    inflicted upon the child physical injury, by other than
22    accidental means, that causes death, disfigurement,
23    impairment of physical or emotional health, or loss or
24    impairment of any bodily function;
25        (b) creates a substantial risk of physical injury to
26    the child by other than accidental means which would be

 

 

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1    likely to cause death, disfigurement, impairment of
2    physical or emotional health, or loss or impairment of any
3    bodily function;
4        (c) commits or allows to be committed any sex offense
5    against the child, as sex offenses are defined in the
6    Criminal Code of 2012 and extending those definitions of
7    sex offenses to include children under 18 years of age;
8        (d) commits or allows to be committed an act or acts of
9    torture upon the child; or
10        (e) inflicts excessive corporal punishment.
11    Q. "Neglected child" means any child whose parent or other
12person responsible for the child's welfare withholds or denies
13nourishment or medically indicated treatment including food or
14care denied solely on the basis of the present or anticipated
15mental or physical impairment as determined by a physician
16acting alone or in consultation with other physicians or
17otherwise does not provide the proper or necessary support,
18education as required by law, or medical or other remedial care
19recognized under State law as necessary for a child's
20well-being, or other care necessary for his or her well-being,
21including adequate food, clothing and shelter; or who is
22abandoned by his or her parents or other person responsible for
23the child's welfare.
24    A child shall not be considered neglected or abused for the
25sole reason that the child's parent or other person responsible
26for his or her welfare depends upon spiritual means through

 

 

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1prayer alone for the treatment or cure of disease or remedial
2care as provided under Section 4 of the Abused and Neglected
3Child Reporting Act. A child shall not be considered neglected
4or abused for the sole reason that the child's parent or other
5person responsible for the child's welfare failed to vaccinate,
6delayed vaccination, or refused vaccination for the child due
7to a waiver on religious or medical grounds as permitted by
8law.
9    R. "Putative father" means a man who may be a child's
10father, but who (1) is not married to the child's mother on or
11before the date that the child was or is to be born and (2) has
12not established paternity of the child in a court proceeding
13before the filing of a petition for the adoption of the child.
14The term includes a male who is less than 18 years of age.
15"Putative father" does not mean a man who is the child's father
16as a result of criminal sexual abuse or assault as defined
17under Article 11 of the Criminal Code of 2012.
18    S. "Standby adoption" means an adoption in which a parent
19consents to custody and termination of parental rights to
20become effective upon the occurrence of a future event, which
21is either the death of the parent or the request of the parent
22for the entry of a final judgment of adoption.
23    T. (Blank).
24    U. "Interstate adoption" means the placement of a minor
25child with a prospective adoptive parent for the purpose of
26pursuing an adoption for that child that is subject to the

 

 

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1provisions of the Interstate Compact on Placement of Children.
2    V. "Endorsement letter" means the letter issued by the
3Department of Children and Family Services to document that a
4prospective adoptive parent has met preadoption requirements
5and has been deemed suitable by the Department to adopt a child
6who is the subject of an intercountry adoption.
7    W. "Denial letter" means the letter issued by the
8Department of Children and Family Services to document that a
9prospective adoptive parent has not met preadoption
10requirements and has not been deemed suitable by the Department
11to adopt a child who is the subject of an intercountry
12adoption.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
1497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
15    (750 ILCS 50/2.1)  (from Ch. 40, par. 1503)
16    Sec. 2.1. This Act shall be construed in concert with the
17Juvenile Court Act of 1987, the Child Care Act of 1969, and the
18Interstate Compact on the Placement of Children, and the
19Intercountry Adoption Act of 2000.
20(Source: P.A. 85-1209.)
 
21    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
22    Sec. 4.1. Adoption between multiple jurisdictions.
23    (a) The Department of Children and Family Services shall
24promulgate rules regarding the approval and regulation of

 

 

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1agencies providing, in this State, adoption services, as
2defined in Section 2.24 of the Child Care Act of 1969, which
3shall include, but not be limited to, a requirement that any
4agency shall be licensed in this State as a child welfare
5agency as defined in Section 2.08 of the Child Care Act of
61969. Any out-of-state agency, if not licensed in this State as
7a child welfare agency, must obtain the approval of the
8Department in order to act as a sending agency, as defined in
9Section 1 of the Interstate Compact on Placement of Children
10Act, seeking to place a child into this State through a
11placement subject to the Interstate Compact on the Placement of
12Children. An out-of-state agency, if not licensed in this State
13as a child welfare agency, is prohibited from providing in this
14State adoption services, as defined by Section 2.24 of the
15Child Care Act of 1969; shall comply with Section 12C-70 of the
16Criminal Code of 2012; and shall provide all of the following
17to the Department:
18        (1) A copy of the agency's current license or other
19    form of authorization from the approving authority in the
20    agency's state. If no license or authorization is issued,
21    the agency must provide a reference statement, from the
22    approving authority, stating that the agency is authorized
23    to place children in foster care or adoption or both in its
24    jurisdiction.
25        (2) A description of the program, including home
26    studies, placements, and supervisions, that the child

 

 

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1    placing agency conducts within its geographical area, and,
2    if applicable, adoptive placements and the finalization of
3    adoptions. The child placing agency must accept continued
4    responsibility for placement planning and replacement if
5    the placement fails.
6        (3) Notification to the Department of any significant
7    child placing agency changes after approval.
8        (4) Any other information the Department may require.
9Except for children placed with relatives by the Department of
10Children and Family Services pursuant to subsection (b) of
11Section 7 of the Children and Family Services Act, placements
12under this Act shall comply with the Child Care Act of 1969 and
13the Interstate Compact on the Placement of Children. Placements
14of children born outside the United States or a territory
15thereof shall comply with rules promulgated by the United
16States Department of Immigration and Naturalization.
17    Rules promulgated by the Department of Children and Family
18Services shall include but not be limited to the following:
19    (a) Any agency providing adoption services as defined in
20Section 2.24 of the Child Care Act of 1969 in this State:
21        (i) Shall be licensed in this State as a child welfare
22    agency as defined in Section 2.08 of the Child Care Act of
23    1969; or
24        (ii) Shall be licensed as a child placement agency in a
25    state which is a party to the Interstate Compact on the
26    Placement of Children and shall be approved by the

 

 

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1    Department to place children into Illinois in accordance
2    with subsection (a-5) of this Section; or
3        (iii) Shall be licensed as a child placement agency in
4    a country other than the United States or, if located in
5    such a country but not so licensed, shall provide
6    information such as a license or court document which
7    authorizes that agency to place children for adoption and
8    to establish that such agency has legal authority to place
9    children for adoption; or
10        (iv) Shall be a child placement agency which is so
11    licensed in a non-compact state and shall be approved by
12    the Department to place children into Illinois in
13    accordance with subsection (a-5) of this Section, if such
14    agency first files with the Department of Children and
15    Family Services a bond with surety in the amount of $5,000
16    for each such child to ensure that such child shall not
17    become a public charge upon this State. Such bond shall
18    remain in effect until a judgment for adoption is entered
19    with respect to such child pursuant to this Act. The
20    Department of Children and Family Services may accept, in
21    lieu of such bond, a written agreement with such agency
22    which provides that such agency shall be liable for all
23    costs associated with the placement of such child in the
24    event a judgment of adoption is not entered, upon such
25    terms and conditions as the Department deems appropriate.
26    The rules shall also provide that any agency that places

 

 

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

 

 

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1the child to Illinois, Department approval of the out-of-state
2child placing agency involved is not required under this
3Section, nor is compliance with the Interstate Compact on the
4Placement of Children.
5    (b) Interstate Adoptions.
6        (1) All interstate adoption placements under this Act
7    shall comply with the Child Care Act of 1969 and the
8    Interstate Compact on the Placement of Children. The
9    placement of children with relatives by the Department of
10    Children and Family Services shall also comply with
11    subsection (b) of Section 7 of the Children and Family
12    Services Act.
13        (2) If an adoption is finalized prior to bringing or
14    sending a child to this State, compliance with the
15    Interstate Compact on the Placement of Children is not
16    required.
17As an alternative to requiring the bond provided for in
18paragraph (a)(iv) of this Section, the Department of Children
19and Family Services may require the filing of such a bond by
20the individual or individuals seeking to adopt such a child
21through placement of such child by a child placement agency
22located in a state which is not a party to the Interstate
23Compact on the Placement of Children.
24    (c) Intercountry Adoptions.
25        (1) The adoption of a child, if the child is a habitual
26    resident of a country other than the United States and the

 

 

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1    petitioner is a habitual resident of the United States, or,
2    if the child is a habitual resident of the United States
3    and the petitioner is a habitual resident of a country
4    other than the United States, shall comply with the
5    Intercountry Adoption Act of 2000, as amended, and the
6    Immigration and Nationality Act, as amended.
7        (2) The Department of Children and Family Services
8    shall maintain the office of Intercountry Adoption
9    Coordinator in order to maintain and protect the rights of
10    prospective adoptive parents and children participating in
11    an intercountry adoption and shall develop ongoing
12    programs of support and services to such prospective
13    adoptive parents and children.
14        (3) In the case of an intercountry adoption of a child
15    by an Illinois resident, the Department shall promulgate
16    rules concerning preadoption requirements, which shall
17    include, but not be limited to, requirements relating to
18    home studies conducted by licensed child welfare agencies
19    and requirements relating to supporting documentation
20    concerning the prospective adoptive parent's suitability
21    to adopt a child.
22        (4) The Intercountry Adoption Coordinator shall
23    determine whether all preadoption requirements have been
24    met by a prospective adoptive parent. The Intercountry
25    Adoption Coordinator shall also determine whether the
26    prospective adoptive parent is suitable as the adoptive

 

 

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1    parent. In determining suitability to adopt, the
2    Intercountry Adoption coordinator shall give considerable
3    weight to the home study, but is not bound by it. Even if
4    the home study is favorable, the Intercountry Adoption
5    Coordinator must issue a denial letter if, on the basis of
6    all the information provided, the Intercountry Adoption
7    Coordinator finds, for a specific and articulable reason,
8    that the prospective adoptive parent has failed to
9    establish that he or she is suitable as the adoptive
10    parent.
11        (5) The Intercountry Adoption Coordinator shall issue
12    an endorsement letter, indicating that all preadoption
13    requirements have been met, or a denial letter, indicating
14    the specific preadoption requirements that have not been
15    met, no later than 21 days from receipt of the home study
16    from the child welfare agency. If, upon receipt of the home
17    study, the Intercountry Adoption Coordinator determines
18    that more information is required before any determination
19    can be made with respect to compliance with the preadoption
20    requirements, the Intercountry Adoption Coordinator shall,
21    within 7 days of receipt of the home study, provide notice
22    describing the additional information, via facsimile or
23    through electronic communication, to the licensed child
24    welfare agency and the adoptive parent. Within 21 days of
25    receipt of the additional information, the Intercountry
26    Adoption Coordinator shall provide the child welfare

 

 

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1    agency with an endorsement letter or a denial letter. The
2    Intercountry Adoption Coordinator shall mail a copy of the
3    endorsement letter or denial letter to the prospective
4    adoptive parent at the same time that the Intercountry
5    Adoption Coordinator provides the letter to the child
6    welfare agency.
7        (6) If the Intercountry Adoption Coordinator issues a
8    denial letter, a prospective adoptive parent shall have the
9    right to a review. The Intercountry Adoption Coordinator
10    shall include in its denial letter notification advising
11    the prospective adoptive parent of the right to seek a
12    review, by the Director of the Department, of the
13    determination, if requested in writing within 30 days of
14    receipt of the denial letter. Failure to submit such a
15    request within 30 days waives the prospective parent's
16    right to a review.
17            (i) The review by the Director shall include, but
18        is not limited to, a review of documentation submitted
19        by the prospective adoptive parent and, if requested by
20        the prospective adoptive parent, a telephone
21        conference or a mutually convenient in-person meeting
22        with the Director, or the Director's designated
23        representative, to allow the prospective adoptive
24        parent to present the facts and circumstances
25        supporting the request for the endorsement letter.
26            (ii) The Director shall issue a decision within 30

 

 

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1        days of receipt of the request for review.
2            (iii) If the Director concurs with the original
3        denial letter of the Intercountry Adoption
4        Coordinator, the Director's decision shall be
5        considered a final decision and the prospective
6        adoptive parent shall have all rights and remedies to
7        which he or she is entitled under applicable law,
8        including a mandamus action under Article XIV of the
9        Code of Civil Procedure and an action under the federal
10        Civil Rights Act, 42 U.S.C. 1983.
11        (7) In the case of an intercountry adoption finalized
12    in another country, where a complete and valid Order of
13    Adoption is issued from that country to an Illinois
14    resident, as determined by the United States Department of
15    State, this State shall not impose any additional
16    preadoption requirements.
17        (8) The Department of Children and Family Services
18    shall provide a report to the General Assembly, on an
19    annual basis for the preceding year, beginning on September
20    1 of each year after the effective date of this amendatory
21    Act of the 98th General Assembly. The report shall provide
22    non-identifying statistical data on the endorsement and
23    denial letters and the requests for review of denial
24    letters and shall contain, but not limited to, the
25    following:
26            (i) the number of endorsement letters issued by the

 

 

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1        Intercountry Adoption Coordinator;
2            (ii) the number of denial letters issued by the
3        Intercountry Adoption Coordinator;
4            (iii) the number of requests for review of denial
5        letters;
6            (iv) the number of denial letter reviews which
7        resulted in a reversal by the Director and an
8        endorsement letter being issued; and
9            (v) the basis of each denial letter and the basis
10        of each reversal of the denial letter in a particular
11        case.
12In the case of any foreign-born child brought to the United
13States for adoption in this State, the following preadoption
14requirements shall be met:
15        (1) Documentation that the child is legally free for
16    adoption prior to entry into the United States shall be
17    submitted.
18        (2) A medical report on the child, by authorized
19    medical personnel in the country of the child's origin,
20    shall be provided when such personnel are available.
21        (3) Verification that the adoptive family has been
22    licensed as a foster family home pursuant to the Child Care
23    Act of 1969, as now or hereafter amended, shall be
24    provided.
25        (4) A valid home study conducted by a licensed child
26    welfare agency that complies with guidelines established

 

 

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1    by the United States Immigration and Naturalization
2    Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
3    amended, shall be submitted. A home study is considered
4    valid if it contains:
5            (i) A factual evaluation of the financial,
6        physical, mental and moral capabilities of the
7        prospective parent or parents to rear and educate the
8        child properly.
9            (ii) A detailed description of the living
10        accommodations where the prospective parent or parents
11        currently reside.
12            (iii) A detailed description of the living
13        accommodations in the United States where the child
14        will reside, if known.
15            (iv) A statement or attachment recommending the
16        proposed adoption signed by an official of the child
17        welfare agency which has conducted the home study.
18        (5) The placing agency located in a non-compact state
19    or a family desiring to adopt through an authorized
20    placement party in a non-compact state or a foreign country
21    shall file with the Department of Children and Family
22    Services a bond with surety in the amount of $5,000 as
23    protection that a foreign-born child accepted for care or
24    supervision not become a public charge upon the State of
25    Illinois.
26        (6) In lieu of the $5,000 bond, the placement agency

 

 

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1    may sign a binding agreement with the Department of
2    Children and Family Services to assume full liability for
3    all placements should, for any reason, the adoption be
4    disrupted or not be completed, including financial and
5    planning responsibility until the child is either returned
6    to the country of its origin or placed with a new adoptive
7    family in the United States and that adoption is finalized.
8        (7) Compliance with the requirements of the Interstate
9    Compact on the Placement of Children, when applicable,
10    shall be demonstrated.
11        (8) When a child is adopted in a foreign country and a
12    final, complete and valid Order of Adoption is issued in
13    that country, as determined by both the United States
14    Department of State and the United States Department of
15    Justice, this State shall not impose any additional
16    preadoption requirements. The adoptive family, however,
17    must comply with applicable requirements of the United
18    States Department of Immigration and Naturalization as
19    provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
20    amended.
21    (d) (Blank). The Department of Children and Family Services
22shall maintain the office of Intercountry Adoption
23Coordinator, shall maintain and protect the rights of families
24and children participating in adoption of foreign born
25children, and shall develop ongoing programs of support and
26services to such families and children. The Intercountry

 

 

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1Adoption Coordinator shall determine that all preadoption
2requirements have been met and report such information to the
3Department of Immigration and Naturalization.
4(Source: P.A. 94-586, eff. 8-15-05.)
 
5    (750 ILCS 50/6)  (from Ch. 40, par. 1508)
6    Sec. 6. A. Investigation; all cases. Within 10 days after
7the filing of a petition for the adoption or standby adoption
8of a child other than a related child, the court shall appoint
9a child welfare agency approved by the Department of Children
10and Family Services, or a person deemed competent by the court,
11or in Cook County the Court Services Division of the Cook
12County Department of Public Aid, or the Department of Children
13and Family Services if the court determines that no child
14welfare agency is available or that the petitioner is
15financially unable to pay for the investigation, to investigate
16accurately, fully and promptly, the allegations contained in
17the petition; the character, reputation, health and general
18standing in the community of the petitioners; the religious
19faith of the petitioners and, if ascertainable, of the child
20sought to be adopted; and whether the petitioners are proper
21persons to adopt the child and whether the child is a proper
22subject of adoption. The investigation required under this
23Section shall include a fingerprint based criminal background
24check with a review of fingerprints by the Illinois State
25Police and Federal Bureau of Investigation. Each petitioner

 

 

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1subject to this investigation, shall submit his or her
2fingerprints to the Department of State Police in the form and
3manner prescribed by the Department of State Police. These
4fingerprints shall be checked against the fingerprint records
5now and hereafter filed in the Department of State Police and
6Federal Bureau of Investigation criminal history records
7databases. The Department of State Police shall charge a fee
8for conducting the criminal history records check, which shall
9be deposited in the State Police Services Fund and shall not
10exceed the actual cost of the records check. The criminal
11background check required by this Section shall include a
12listing of when, where and by whom the criminal background
13check was prepared. The criminal background check required by
14this Section shall not be more than two years old.
15    Neither a clerk of the circuit court nor a judge may
16require that a criminal background check or fingerprint review
17be filed with, or at the same time as, an initial petition for
18adoption.
19    B. Investigation; foreign-born child. In the case of a
20child born outside the United States or a territory thereof, in
21addition to the investigation required under subsection (A) of
22this Section, a post-placement investigation shall be
23conducted in accordance with the requirements of the Child Care
24Act of 1969, the Interstate Compact on the Placement of
25Children, and the Intercountry Adoption Act of 2000 regulations
26of the foreign placing agency and the supervising agency.

 

 

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1    The requirements of a post-placement investigation shall
2be deemed to have been satisfied if a valid final order or
3judgment of adoption has been entered by a court of competent
4jurisdiction in a country other than the United States or a
5territory thereof with respect to such child and the
6petitioners.
7    C. Report of investigation. The court shall determine
8whether the costs of the investigation shall be charged to the
9petitioners. The information obtained as a result of such
10investigation shall be presented to the court in a written
11report. The results of the criminal background check required
12under subsection (A) shall be provided to the court for its
13review. The court may, in its discretion, weigh the
14significance of the results of the criminal background check
15against the entirety of the background of the petitioners. The
16Court, in its discretion, may accept the report of the
17investigation previously made by a licensed child welfare
18agency, if made within one year prior to the entry of the
19judgment. Such report shall be treated as confidential and
20withheld from inspection unless findings adverse to the
21petitioners or to the child sought to be adopted are contained
22therein, and in that event the court shall inform the
23petitioners of the relevant portions pertaining to the adverse
24findings. In no event shall any facts set forth in the report
25be considered at the hearing of the proceeding, unless
26established by competent evidence. The report shall be filed

 

 

HB2809 Enrolled- 34 -LRB098 10935 HEP 41501 b

1with the record of the proceeding. If the file relating to the
2proceeding is not impounded, the report shall be impounded by
3the clerk of the court and shall be made available for
4inspection only upon order of the court.
5    D. Related adoption. Such investigation shall not be made
6when the petition seeks to adopt a related child or an adult
7unless the court, in its discretion, shall so order. In such an
8event the court may appoint a person deemed competent by the
9court.
10(Source: P.A. 93-418, eff. 1-1-04.)