Full Text of HB2809 98th General Assembly
HB2809ham002 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 4/11/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2809
| 2 | | AMENDMENT NO. ______. Amend House Bill 2809, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Adoption Act is amended by changing | 6 | | Sections 1, 2.1, 4.1, and 6 as follows:
| 7 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 8 | | Sec. 1. Definitions. When used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | A. "Child" means a person under legal age subject to | 11 | | adoption under
this Act.
| 12 | | B. "Related child" means a child subject to adoption where | 13 | | either or both of
the adopting parents stands in any of the | 14 | | following relationships to the child
by blood or marriage: | 15 | | parent, grand-parent, brother, sister, step-parent,
| 16 | | step-grandparent, step-brother, step-sister, uncle, aunt, |
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| 1 | | great-uncle,
great-aunt, or cousin of first degree. A child | 2 | | whose parent has executed
a final irrevocable consent to | 3 | | adoption or a final irrevocable surrender
for purposes of | 4 | | adoption, or whose parent has had his or her parental rights
| 5 | | terminated, is not a related child to that person, unless the | 6 | | consent is
determined to be void or is void pursuant to | 7 | | subsection O of Section 10.
| 8 | | C. "Agency" for the purpose of this Act means a public | 9 | | child welfare agency
or a licensed child welfare agency.
| 10 | | D. "Unfit person" means any person whom the court shall | 11 | | find to be unfit
to have a child, without regard to the | 12 | | likelihood that the child will be
placed for adoption. The | 13 | | grounds of unfitness are any one or more
of the following, | 14 | | except that a person shall not be considered an unfit
person | 15 | | for the sole reason that the person has relinquished a child in
| 16 | | accordance with the Abandoned Newborn Infant Protection Act:
| 17 | | (a) Abandonment of the child.
| 18 | | (a-1) Abandonment of a newborn infant in a hospital.
| 19 | | (a-2) Abandonment of a newborn infant in any setting | 20 | | where the evidence
suggests that the parent intended to | 21 | | relinquish his or her parental rights.
| 22 | | (b) Failure to maintain a reasonable degree of | 23 | | interest, concern or
responsibility as to the child's | 24 | | welfare.
| 25 | | (c) Desertion of the child for more than 3 months next | 26 | | preceding the
commencement of the Adoption proceeding.
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| 1 | | (d) Substantial neglect
of the
child if continuous or | 2 | | repeated.
| 3 | | (d-1) Substantial neglect, if continuous or repeated, | 4 | | of any child
residing in the household which resulted in | 5 | | the death of that child.
| 6 | | (e) Extreme or repeated cruelty to the child.
| 7 | | (f) There is a rebuttable presumption, which can be | 8 | | overcome only by clear and convincing evidence, that a | 9 | | parent is unfit if:
| 10 | | (1) Two or more findings of physical abuse have | 11 | | been entered regarding any children under Section 2-21 | 12 | | of the Juvenile Court Act
of 1987, the most recent of | 13 | | which was determined by the juvenile court
hearing the | 14 | | matter to be supported by clear and convincing | 15 | | evidence; or | 16 | | (2) The parent has been convicted or found not | 17 | | guilty by reason of insanity and the conviction or | 18 | | finding resulted from the death of any child by | 19 | | physical abuse; or
| 20 | | (3) There is a finding of physical child abuse | 21 | | resulting from the death of any
child under Section | 22 | | 2-21 of the
Juvenile Court Act of 1987. | 23 | | No conviction or finding of delinquency pursuant | 24 | | to Article 5 of the Juvenile Court Act of 1987 shall be | 25 | | considered a criminal conviction for the purpose of | 26 | | applying any presumption under this item (f).
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| 1 | | (g) Failure to protect the child from conditions within | 2 | | his environment
injurious to the child's welfare.
| 3 | | (h) Other neglect of, or misconduct toward the child; | 4 | | provided that in
making a finding of unfitness the court | 5 | | hearing the adoption proceeding
shall not be bound by any | 6 | | previous finding, order or judgment affecting
or | 7 | | determining the rights of the parents toward the child | 8 | | sought to be adopted
in any other proceeding except such | 9 | | proceedings terminating parental rights
as shall be had | 10 | | under either this Act, the Juvenile Court Act or
the | 11 | | Juvenile Court Act of 1987.
| 12 | | (i) Depravity. Conviction of any one of the following
| 13 | | crimes shall create a presumption that a parent is depraved | 14 | | which can be
overcome only by clear and convincing | 15 | | evidence:
(1) first degree murder in violation of paragraph | 16 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 17 | | Code of 1961 or the Criminal Code of 2012 or conviction
of | 18 | | second degree murder in violation of subsection (a) of | 19 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal | 20 | | Code of 2012 of a parent of the child to be adopted; (2)
| 21 | | first degree murder or second degree murder of any child in
| 22 | | violation of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012; (3)
attempt or conspiracy to commit first degree | 24 | | murder or second degree murder
of any child in violation of | 25 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| 26 | | solicitation to commit murder of any child, solicitation to
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| 1 | | commit murder of any child for hire, or solicitation to | 2 | | commit second
degree murder of any child in violation of | 3 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| 4 | | predatory criminal sexual assault of a child in violation | 5 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012; (6) heinous battery of any | 7 | | child in violation of the Criminal Code of 1961; or (7) | 8 | | aggravated battery of any child in violation of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 10 | | There is a rebuttable presumption that a parent is | 11 | | depraved if the parent
has been criminally convicted of at | 12 | | least 3 felonies under the laws of this
State or any other | 13 | | state, or under federal law, or the criminal laws of any
| 14 | | United States territory; and at least
one of these
| 15 | | convictions took place within 5 years of the filing of the | 16 | | petition or motion
seeking termination of parental rights.
| 17 | | There is a rebuttable presumption that a parent is | 18 | | depraved if that
parent
has
been criminally convicted of | 19 | | either first or second degree murder of any person
as | 20 | | defined in the Criminal Code of 1961 or the Criminal Code | 21 | | of 2012 within 10 years of the filing date of
the petition | 22 | | or motion to terminate parental rights. | 23 | | No conviction or finding of delinquency pursuant to | 24 | | Article 5 of the Juvenile Court Act of 1987 shall be | 25 | | considered a criminal conviction for the purpose of | 26 | | applying any presumption under this item (i).
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| 1 | | (j) Open and notorious adultery or fornication.
| 2 | | (j-1) (Blank).
| 3 | | (k) Habitual drunkenness or addiction to drugs, other | 4 | | than those
prescribed by a physician, for at least one year | 5 | | immediately
prior to the commencement of the unfitness | 6 | | proceeding.
| 7 | | There is a rebuttable presumption that a parent is | 8 | | unfit under this
subsection
with respect to any child to | 9 | | which that parent gives birth where there is a
confirmed
| 10 | | test result that at birth the child's blood, urine, or | 11 | | meconium contained any
amount of a controlled substance as | 12 | | defined in subsection (f) of Section 102 of
the Illinois | 13 | | Controlled Substances Act or metabolites of such | 14 | | substances, the
presence of which in the newborn infant was | 15 | | not the result of medical treatment
administered to the | 16 | | mother or the newborn infant; and the biological mother of
| 17 | | this child is the biological mother of at least one other | 18 | | child who was
adjudicated a neglected minor under | 19 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 20 | | 1987.
| 21 | | (l) Failure to demonstrate a reasonable degree of | 22 | | interest, concern or
responsibility as to the welfare of a | 23 | | new born child during the first 30
days after its birth.
| 24 | | (m) Failure by a parent (i) to make reasonable efforts | 25 | | to correct the
conditions that were the basis for the | 26 | | removal of the child from the
parent, or (ii) to make |
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| 1 | | reasonable progress toward the return of the child
to
the | 2 | | parent within 9 months after an adjudication of neglected | 3 | | or abused
minor under Section 2-3 of the Juvenile Court Act | 4 | | of 1987 or dependent
minor under Section 2-4 of that Act, | 5 | | or (iii) to make reasonable progress
toward the return of | 6 | | the
child to the parent during any 9-month period after the | 7 | | end of the initial
9-month period following the | 8 | | adjudication of
neglected or abused minor under Section 2-3 | 9 | | of the Juvenile Court
Act of 1987 or dependent minor under | 10 | | Section 2-4 of that Act.
If a service plan has been | 11 | | established as
required under
Section 8.2 of the Abused and | 12 | | Neglected Child Reporting Act to correct the
conditions | 13 | | that were the basis for the removal of the child from the | 14 | | parent
and if those services were available,
then, for | 15 | | purposes of this Act, "failure to make reasonable progress | 16 | | toward the
return of the child to the parent" includes (I) | 17 | | the parent's failure to
substantially fulfill his or her | 18 | | obligations under the
service plan and correct the | 19 | | conditions that brought the child into care
within 9 months | 20 | | after the adjudication under Section 2-3 or 2-4
of the | 21 | | Juvenile Court Act of 1987
and (II) the parent's failure to | 22 | | substantially fulfill his or her obligations
under
the | 23 | | service plan and correct the conditions that brought the | 24 | | child into care
during any 9-month period after the end of | 25 | | the initial 9-month period
following the adjudication | 26 | | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. |
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| 1 | | Notwithstanding any other provision, when a petition or | 2 | | motion seeks to terminate parental rights on the basis of | 3 | | item (iii) of this subsection (m), the petitioner shall | 4 | | file with the court and serve on the parties a pleading | 5 | | that specifies the 9-month period or periods relied on. The | 6 | | pleading shall be filed and served on the parties no later | 7 | | than 3 weeks before the date set by the court for closure | 8 | | of discovery, and the allegations in the pleading shall be | 9 | | treated as incorporated into the petition or motion. | 10 | | Failure of a respondent to file a written denial of the | 11 | | allegations in the pleading shall not be treated as an | 12 | | admission that the allegations are true.
| 13 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a | 14 | | child
has been in foster care for 15 months out of any 22 | 15 | | month period which begins
on or after the effective date of | 16 | | this amendatory Act of 1998 unless the
child's parent can | 17 | | prove
by a preponderance of the evidence that it is more | 18 | | likely than not that it will
be in the best interests of | 19 | | the child to be returned to the parent within 6
months of | 20 | | the date on which a petition for termination of parental | 21 | | rights is
filed under the Juvenile Court Act of 1987. The | 22 | | 15 month time limit is tolled
during
any period for which | 23 | | there is a court finding that the appointed custodian or
| 24 | | guardian failed to make reasonable efforts to reunify the | 25 | | child with his or her
family, provided that (i) the finding | 26 | | of no reasonable efforts is made within
60 days of the |
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| 1 | | period when reasonable efforts were not made or (ii) the | 2 | | parent
filed a motion requesting a finding of no reasonable | 3 | | efforts within 60 days of
the period when reasonable | 4 | | efforts were not made. For purposes of this
subdivision | 5 | | (m-1), the date of entering foster care is the earlier of: | 6 | | (i) the
date of
a judicial finding at an adjudicatory | 7 | | hearing that the child is an abused,
neglected, or | 8 | | dependent minor; or (ii) 60 days after the date on which | 9 | | the
child is removed from his or her parent, guardian, or | 10 | | legal custodian.
| 11 | | (n) Evidence of intent to forgo his or her parental | 12 | | rights,
whether or
not the child is a ward of the court, | 13 | | (1) as manifested
by his or her failure for a period of 12 | 14 | | months: (i) to visit the child,
(ii) to communicate with | 15 | | the child or agency, although able to do so and
not | 16 | | prevented from doing so by an agency or by court order, or | 17 | | (iii) to
maintain contact with or plan for the future of | 18 | | the child, although physically
able to do so, or (2) as | 19 | | manifested by the father's failure, where he
and the mother | 20 | | of the child were unmarried to each other at the time of | 21 | | the
child's birth, (i) to commence legal proceedings to | 22 | | establish his paternity
under the Illinois Parentage Act of | 23 | | 1984 or the law of the jurisdiction of
the child's birth | 24 | | within 30 days of being informed, pursuant to Section 12a
| 25 | | of this Act, that he is the father or the likely father of | 26 | | the child or,
after being so informed where the child is |
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| 1 | | not yet born, within 30 days of
the child's birth, or (ii) | 2 | | to make a good faith effort to pay a reasonable
amount of | 3 | | the expenses related to the birth of the child and to | 4 | | provide a
reasonable amount for the financial support of | 5 | | the child, the court to
consider in its determination all | 6 | | relevant circumstances, including the
financial condition | 7 | | of both parents; provided that the ground for
termination | 8 | | provided in this subparagraph (n)(2)(ii) shall only be
| 9 | | available where the petition is brought by the mother or | 10 | | the husband of
the mother.
| 11 | | Contact or communication by a parent with his or her | 12 | | child that does not
demonstrate affection and concern does | 13 | | not constitute reasonable contact
and planning under | 14 | | subdivision (n). In the absence of evidence to the
| 15 | | contrary, the ability to visit, communicate, maintain | 16 | | contact, pay
expenses and plan for the future shall be | 17 | | presumed. The subjective intent
of the parent, whether | 18 | | expressed or otherwise, unsupported by evidence of
the | 19 | | foregoing parental acts manifesting that intent, shall not | 20 | | preclude a
determination that the parent has intended to | 21 | | forgo his or her
parental
rights. In making this | 22 | | determination, the court may consider but shall not
require | 23 | | a showing of diligent efforts by an authorized agency to | 24 | | encourage
the parent to perform the acts specified in | 25 | | subdivision (n).
| 26 | | It shall be an affirmative defense to any allegation |
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| 1 | | under paragraph
(2) of this subsection that the father's | 2 | | failure was due to circumstances
beyond his control or to | 3 | | impediments created by the mother or any other
person | 4 | | having legal custody. Proof of that fact need only be by a
| 5 | | preponderance of the evidence.
| 6 | | (o) Repeated or continuous failure by the parents, | 7 | | although physically
and financially able, to provide the | 8 | | child with adequate food, clothing,
or shelter.
| 9 | | (p) Inability to discharge parental responsibilities | 10 | | supported by
competent evidence from a psychiatrist, | 11 | | licensed clinical social
worker, or clinical psychologist | 12 | | of mental
impairment, mental illness or an intellectual | 13 | | disability as defined in Section
1-116 of the Mental Health | 14 | | and Developmental Disabilities Code, or
developmental | 15 | | disability as defined in Section 1-106 of that Code, and
| 16 | | there is sufficient justification to believe that the | 17 | | inability to
discharge parental responsibilities shall | 18 | | extend beyond a reasonable
time period. However, this | 19 | | subdivision (p) shall not be construed so as to
permit a | 20 | | licensed clinical social worker to conduct any medical | 21 | | diagnosis to
determine mental illness or mental | 22 | | impairment.
| 23 | | (q) (Blank).
| 24 | | (r) The child is in the temporary custody or | 25 | | guardianship of the
Department of Children and Family | 26 | | Services, the parent is incarcerated as a
result of |
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| 1 | | criminal conviction at the time the petition or motion for
| 2 | | termination of parental rights is filed, prior to | 3 | | incarceration the parent had
little or no contact with the | 4 | | child or provided little or no support for the
child, and | 5 | | the parent's incarceration will prevent the parent from | 6 | | discharging
his or her parental responsibilities for the | 7 | | child for a period in excess of 2
years after the filing of | 8 | | the petition or motion for termination of parental
rights.
| 9 | | (s) The child is in the temporary custody or | 10 | | guardianship of the
Department of Children and Family | 11 | | Services, the parent is incarcerated at the
time the | 12 | | petition or motion for termination of parental rights is | 13 | | filed, the
parent has been repeatedly incarcerated as a | 14 | | result of criminal convictions,
and the parent's repeated | 15 | | incarceration has prevented the parent from
discharging | 16 | | his or her parental responsibilities for the child.
| 17 | | (t) A finding that at birth the child's blood,
urine, | 18 | | or meconium contained any amount of a controlled substance | 19 | | as
defined in subsection (f) of Section 102 of the Illinois | 20 | | Controlled Substances
Act, or a metabolite of a controlled | 21 | | substance, with the exception of
controlled substances or | 22 | | metabolites of such substances, the presence of which
in | 23 | | the newborn infant was the result of medical treatment | 24 | | administered to the
mother or the newborn infant, and that | 25 | | the biological mother of this child is
the biological | 26 | | mother of at least one other child who was adjudicated a
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| 1 | | neglected minor under subsection (c) of Section 2-3 of the | 2 | | Juvenile Court Act
of 1987, after which the biological | 3 | | mother had the opportunity to enroll in
and participate in | 4 | | a clinically appropriate substance abuse
counseling, | 5 | | treatment, and rehabilitation program.
| 6 | | E. "Parent" means the father or mother of a lawful child of | 7 | | the parties or child born out of wedlock. For the purpose of | 8 | | this Act, a person who has executed a final and
irrevocable | 9 | | consent to adoption or a final and irrevocable surrender for
| 10 | | purposes of adoption, or whose parental rights have been | 11 | | terminated by a
court, is not a parent of the child who was the | 12 | | subject of the consent or
surrender, unless the consent is void | 13 | | pursuant to subsection O of Section 10.
| 14 | | F. A person is available for adoption when the person is:
| 15 | | (a) a child who has been surrendered for adoption to an | 16 | | agency and to
whose adoption the agency has thereafter | 17 | | consented;
| 18 | | (b) a child to whose adoption a person authorized by | 19 | | law, other than his
parents, has consented, or to whose | 20 | | adoption no consent is required pursuant
to Section 8 of | 21 | | this Act;
| 22 | | (c) a child who is in the custody of persons who intend | 23 | | to adopt him
through placement made by his parents;
| 24 | | (c-1) a child for whom a parent has signed a specific | 25 | | consent pursuant
to subsection O of Section 10;
| 26 | | (d) an adult who meets the conditions set forth in |
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| 1 | | Section 3 of this
Act; or
| 2 | | (e) a child who has been relinquished as defined in | 3 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 4 | | A person who would otherwise be available for adoption | 5 | | shall not be
deemed unavailable for adoption solely by reason | 6 | | of his or her death.
| 7 | | G. The singular includes the plural and the plural includes
| 8 | | the singular and the "male" includes the "female", as the | 9 | | context of this
Act may require.
| 10 | | H. "Adoption disruption" occurs when an adoptive placement | 11 | | does not
prove successful and it becomes necessary for the | 12 | | child to be removed from
placement before the adoption is | 13 | | finalized.
| 14 | | I. "Habitual residence" has the meaning ascribed to it in | 15 | | the federal Intercountry Adoption Act of 2000 and regulations | 16 | | promulgated thereunder. "Foreign placing agency" is an agency | 17 | | or individual operating in a
country or territory outside the | 18 | | United States that is authorized by its
country to place | 19 | | children for adoption either directly with families in the
| 20 | | United States or through United States based international | 21 | | agencies.
| 22 | | J. "Immediate relatives" means the biological parents, the | 23 | | parents of
the biological parents and siblings of the | 24 | | biological parents.
| 25 | | K. "Intercountry adoption" is a process by which a child | 26 | | from a country
other than the United States is adopted by |
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| 1 | | persons who are habitual residents of the United States, or the | 2 | | child is a habitual resident of the United States who is | 3 | | adopted by persons who are habitual residents of a country | 4 | | other than the United States .
| 5 | | L. "Intercountry Adoption Coordinator" is a staff person of | 6 | | the
Department of Children and Family Services appointed by the | 7 | | Director to
coordinate the provision of services by the public | 8 | | and private sector to
prospective parents of foreign-born | 9 | | children.
| 10 | | M. "Interstate Compact on the Placement of Children" is a | 11 | | law enacted by
most states for the purpose of establishing | 12 | | uniform procedures for handling
the interstate placement of | 13 | | children in foster homes, adoptive homes, or
other child care | 14 | | facilities.
| 15 | | N. "Non-Compact state" means a state that has not enacted | 16 | | the
Interstate Compact on the Placement of Children.
| 17 | | O. "Preadoption requirements" are any conditions | 18 | | established by the laws
or regulations of the Federal | 19 | | Government or of each state that must be met
prior to the | 20 | | placement of a child in an adoptive home.
| 21 | | P. "Abused child" means a child whose parent or immediate | 22 | | family member,
or any person responsible for the child's | 23 | | welfare, or any individual
residing in the same home as the | 24 | | child, or a paramour of the child's parent:
| 25 | | (a) inflicts, causes to be inflicted, or allows to be | 26 | | inflicted upon
the child physical injury, by other than |
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| 1 | | accidental means, that causes
death, disfigurement, | 2 | | impairment of physical or emotional health, or loss
or | 3 | | impairment of any bodily function;
| 4 | | (b) creates a substantial risk of physical injury to | 5 | | the child by
other than accidental means which would be | 6 | | likely to cause death,
disfigurement, impairment of | 7 | | physical or emotional health, or loss or
impairment of any | 8 | | bodily function;
| 9 | | (c) commits or allows to be committed any sex offense | 10 | | against the child,
as sex offenses are defined in the | 11 | | Criminal Code of 2012
and extending those definitions of | 12 | | sex offenses to include children under
18 years of age;
| 13 | | (d) commits or allows to be committed an act or acts of | 14 | | torture upon
the child; or
| 15 | | (e) inflicts excessive corporal punishment.
| 16 | | Q. "Neglected child" means any child whose parent or other | 17 | | person
responsible for the child's welfare withholds or denies | 18 | | nourishment or
medically indicated treatment including food or | 19 | | care denied solely on the
basis of the present or anticipated | 20 | | mental or physical impairment as determined
by a physician | 21 | | acting alone or in consultation with other physicians or
| 22 | | otherwise does not provide the proper or necessary support, | 23 | | education
as required by law, or medical or other remedial care | 24 | | recognized under State
law as necessary for a child's | 25 | | well-being, or other care necessary for his
or her well-being, | 26 | | including adequate food, clothing and shelter; or who
is |
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| 1 | | abandoned by his or her parents or other person responsible for | 2 | | the child's
welfare.
| 3 | | A child shall not be considered neglected or abused for the
| 4 | | sole reason that the child's parent or other person responsible | 5 | | for his
or her welfare depends upon spiritual means through | 6 | | prayer alone for the
treatment or cure of disease or remedial | 7 | | care as provided under Section 4
of the Abused and Neglected | 8 | | Child Reporting Act.
A child shall not be considered neglected | 9 | | or abused for the sole reason that
the child's parent or other | 10 | | person responsible for the child's welfare failed
to vaccinate, | 11 | | delayed vaccination, or refused vaccination for the child
due | 12 | | to a waiver on religious or medical grounds as permitted by | 13 | | law.
| 14 | | R. "Putative father" means a man who may be a child's | 15 | | father, but who (1) is
not married to the child's mother on or | 16 | | before the date that the child was or
is to be born and (2) has | 17 | | not established paternity of the child in a court
proceeding | 18 | | before the filing of a petition for the adoption of the child. | 19 | | The
term includes a male who is less than 18 years of age. | 20 | | "Putative father" does
not mean a man who is the child's father | 21 | | as a result of criminal sexual abuse
or assault as defined | 22 | | under Article 11 of the Criminal Code of 2012.
| 23 | | S. "Standby adoption" means an adoption in which a parent
| 24 | | consents to custody and termination of parental rights to | 25 | | become
effective upon the occurrence of a future event, which | 26 | | is either the death of
the
parent or the request of the parent
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| 1 | | for the entry of a final judgment of adoption.
| 2 | | T. (Blank).
| 3 | | U. "Interstate adoption" means the placement of a minor | 4 | | child with a prospective adoptive parent for the purpose of | 5 | | pursuing an adoption for that child that is subject to the | 6 | | provisions of the Interstate Compact on Placement of Children | 7 | | Act. | 8 | | V. "Endorsement Letter" means the official notification | 9 | | from the Department of Children and Family Services to the | 10 | | prospective adoptive parent that all State preadoption | 11 | | requirements have been met. | 12 | | W. "Denial Letter" means the official notification from the | 13 | | Department of Children and Family Services to the prospective | 14 | | parent that all State preadoption requirements have not been | 15 | | met and which contains the particular reason the prospective | 16 | | adoptive parent has not been approved to adopt. | 17 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | 18 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13 .)
| 19 | | (750 ILCS 50/2.1) (from Ch. 40, par. 1503)
| 20 | | Sec. 2.1.
This Act shall be construed in concert with the
| 21 | | Juvenile Court Act of 1987, the Child Care Act of
1969, and the | 22 | | Interstate Compact on the Placement of Children , and the | 23 | | Intercountry Adoption Act of 2000 .
| 24 | | (Source: P.A. 85-1209.)
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| 1 | | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| 2 | | Sec. 4.1. Adoption between multiple jurisdictions. | 3 | | (a) The Department of Children and Family Services shall | 4 | | promulgate rules regarding the approval and regulation of | 5 | | agencies providing adoption services in this State, as defined | 6 | | in Section 2.24 of the Child Care Act of 1969, which shall | 7 | | include but not be limited to a requirement that any such | 8 | | agency shall be licensed in this State as a child welfare | 9 | | agency as defined in Section 2.08 of the Child Care Act of 1969 | 10 | | or, if not licensed in this State as a child welfare agency, | 11 | | shall be approved by the Department to place children into | 12 | | Illinois for the purpose of adoption and shall provide all of | 13 | | the following to the Department: | 14 | | (1) A copy of the agency's current license or other | 15 | | form of authorization from the approving authority in the | 16 | | agency's state. If no such license or authorization is | 17 | | issued, the agency must provide a reference statement from | 18 | | the approving authority stating the agency is authorized to | 19 | | place children in foster care or adoption or both in its | 20 | | jurisdiction. | 21 | | (2) A description of the program, including home | 22 | | studies, placements, and supervisions that the child | 23 | | placing agency conducts within its geographical area, and, | 24 | | if applicable, adoptive placements and the finalization of | 25 | | adoptions. The child placing agency must accept continued | 26 | | responsibility for placement planning and replacement if |
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| 1 | | the placement fails. | 2 | | (3) Notification to the Department of any significant | 3 | | child placing agency changes after approval. | 4 | | (4) Any other information the Department may require. | 5 | | Except for children placed with relatives by the Department of
| 6 | | Children and Family Services pursuant to subsection (b) of | 7 | | Section 7 of the
Children and Family Services Act, placements | 8 | | under this Act shall comply with
the Child Care Act of 1969 and | 9 | | the Interstate Compact on the Placement of
Children. Placements | 10 | | of children born outside the United States or a territory
| 11 | | thereof shall comply with rules promulgated by the United | 12 | | States Department of
Immigration and Naturalization.
| 13 | | Rules promulgated by the Department of Children and Family | 14 | | Services shall
include but not be limited to the following:
| 15 | | (a) Any agency providing adoption services as defined in | 16 | | Section 2.24 of the Child Care Act of 1969 in this State:
| 17 | | (i) Shall be licensed in this State as a child welfare | 18 | | agency as defined
in Section 2.08 of the Child Care Act of | 19 | | 1969; or
| 20 | | (ii) Shall be licensed as a child placement agency in a | 21 | | state which is a
party to the Interstate Compact on the | 22 | | Placement of Children and shall be approved by the | 23 | | Department to place children into Illinois in accordance | 24 | | with subsection (a-5) of this Section; or
| 25 | | (iii) Shall be licensed as a child placement agency in | 26 | | a country other
than the United States or, if located in |
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| 1 | | such a country but not so
licensed, shall provide | 2 | | information such as a license or court document
which | 3 | | authorizes that agency to place children for adoption and | 4 | | to
establish that such agency has legal authority to place | 5 | | children for adoption;
or
| 6 | | (iv) Shall be a child placement agency which is so | 7 | | licensed in a
non-compact
state and shall be approved by | 8 | | the Department to place children into Illinois in | 9 | | accordance with subsection (a-5) of this Section, if such | 10 | | agency first files with the Department of Children and | 11 | | Family
Services a bond with surety in the amount of $5,000 | 12 | | for each such child to
ensure that such child shall not | 13 | | become a public charge upon this State. Such
bond shall | 14 | | remain in effect until a judgment for adoption is entered | 15 | | with
respect to such child pursuant to this Act. The | 16 | | Department of Children and
Family Services may accept, in | 17 | | lieu of such bond, a written agreement with such
agency | 18 | | which provides that such agency shall be liable for all | 19 | | costs associated
with the placement of such child in the | 20 | | event a judgment of adoption is not
entered, upon such | 21 | | terms and conditions as the Department deems appropriate.
| 22 | | The rules shall also provide that any agency that places | 23 | | children for
adoption in this State may not, in any policy or | 24 | | practice relating to the
placement of children for adoption, | 25 | | discriminate against any child or
prospective adoptive parent | 26 | | on the basis of race.
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| 1 | | (a-5) (Blank). Out-of-state private placing agencies that | 2 | | seek to place children into Illinois for the purpose of foster | 3 | | care or adoption shall provide all of the following to the | 4 | | Department: | 5 | | (i) A copy of the agency's current license or other | 6 | | form of authorization from the approving authority in the | 7 | | agency's state. If no such license or authorization is | 8 | | issued, the agency must provide a reference statement from | 9 | | the approving authority stating the agency is authorized to | 10 | | place children in foster care or adoption or both in its | 11 | | jurisdiction. | 12 | | (ii) A description of the program, including home | 13 | | studies, placements, and supervisions that the child | 14 | | placing agency conducts within its geographical area, and, | 15 | | if applicable, adoptive placements and the finalization of | 16 | | adoptions. The child placing agency must accept continued | 17 | | responsibility for placement planning and replacement if | 18 | | the placement fails. | 19 | | (iii) Notification to the Department of any | 20 | | significant child placing agency changes after approval. | 21 | | (iv) Any other information the Department may require. | 22 | | If the adoption is finalized prior to bringing or sending | 23 | | the child to Illinois, Department approval of the out-of-state | 24 | | child placing agency involved is not required under this | 25 | | Section, nor is compliance with the Interstate Compact on the | 26 | | Placement of Children.
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| 1 | | (b) Interstate Adoptions. | 2 | | (1) Except for children placed with relatives by the | 3 | | Department of
Children and Family Services pursuant to | 4 | | subsection (b) of Section 7 of the
Children and Family | 5 | | Services Act, placements under this Act shall comply with
| 6 | | the Child Care Act of 1969 and the Interstate Compact on | 7 | | the Placement of
Children. | 8 | | (2) If an adoption is finalized prior to bringing or | 9 | | sending a child to Illinois, compliance with the Interstate | 10 | | Compact on the Placement of Children is not required. | 11 | | As an alternative to requiring the bond provided for in | 12 | | paragraph
(a)(iv) of this Section, the Department of Children | 13 | | and Family Services may
require the filing of such a bond by | 14 | | the individual or individuals seeking
to adopt such a child | 15 | | through placement of such child by a child placement
agency | 16 | | located in a state which is not a party to the Interstate | 17 | | Compact on
the Placement of Children.
| 18 | | (c) Intercountry Adoptions. | 19 | | (1) The adoption of a child, if the child is a habitual | 20 | | resident of a country other than the United States and the | 21 | | petitioner is a habitual resident of the United States, or, | 22 | | if the child is a habitual resident of the United States | 23 | | and the petitioner is a habitual resident of a country | 24 | | other than the United States, shall comply with the | 25 | | Intercountry Adoption Act of 2000, as amended, and the | 26 | | Immigration and Nationality Act, as amended. |
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| 1 | | (2) The Department of Children and Family Services | 2 | | shall maintain the office of Intercountry Adoption | 3 | | Coordinator in order to maintain and protect the rights of | 4 | | families and children participating in an intercountry | 5 | | adoption and shall develop ongoing programs of support and | 6 | | services to such families and children. | 7 | | (3) In the case of an intercountry adoption of a child | 8 | | by an Illinois resident, the Department shall promulgate | 9 | | rules concerning preadoption requirements, which shall | 10 | | include but not be limited to the following: | 11 | | (i) A home study conducted by a licensed child | 12 | | welfare agency that meets the requirements of the | 13 | | Intercountry Adoption Act of 2000. | 14 | | (ii) If the prospective adoptive parents seek to | 15 | | adopt a particular child, documentation which shows | 16 | | that the child is legally free for adoption, and a | 17 | | medical report on the child by a licensed or certified | 18 | | medical provider from the country of the child's | 19 | | origin. | 20 | | (iii) Documentation providing information | 21 | | regarding the prospective parent's ability to provide | 22 | | necessary financial support for the child. | 23 | | (4) The Intercountry Adoption Coordinator shall | 24 | | determine whether all preadoption requirements have been | 25 | | met by a prospective adoptive parent and provide such | 26 | | information to United States Citizenship and Immigration |
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| 1 | | Services. The Intercountry Adoption Coordinator shall also | 2 | | determine whether the prospective adoptive parent is | 3 | | suitable as the adoptive parent. In determining | 4 | | suitability to adopt, the Intercountry Adoption | 5 | | coordinator shall give considerable weight to the home | 6 | | study, but is not bound by it. Even if the home study is | 7 | | favorable, the Intercountry Adoption Coordinator must | 8 | | issue a denial letter if, on the basis of all the | 9 | | information provided, the Intercountry Adoption | 10 | | Coordinator finds, for a specific and articulable reason, | 11 | | that the prospective adoptive parent has failed to | 12 | | establish the he or she is suitable as the adoptive parent. | 13 | | (5) The Intercountry Adoption Coordinator shall issue | 14 | | an Endorsement Letter, indicating that all pre-adoption | 15 | | requirements have been met, or a Denial Letter, indicating | 16 | | the specific pre-adoption requirements that have not been | 17 | | met, no later than 21 days from receipt of the home study | 18 | | from the child welfare agency. If, upon receipt of the home | 19 | | study, the Intercountry Adoption Coordinator determines | 20 | | that more information is required before any determination | 21 | | can be made with respect to compliance with the | 22 | | pre-adoption requirements, the Intercountry Adoption | 23 | | Coordinator shall, within 7 days of receipt of the home | 24 | | study, provide notice describing such additional | 25 | | information, via facsimile or through electronic | 26 | | communication, to the licensed child welfare agency and the |
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| 1 | | adoptive parent. Within 21 days of receipt of such | 2 | | additional information, the Intercountry Adoption | 3 | | Coordinator shall provide the child welfare agency with an | 4 | | Endorsement Letter or a Denial Letter. The Intercountry | 5 | | Adoption Coordinator shall mail a copy of the Endorsement | 6 | | Letter or Denial Letter to the prospective adoptive parent | 7 | | at the same time that the Intercountry Adoption Coordinator | 8 | | provides such letter to the child welfare agency. | 9 | | (6) If the Intercountry Adoption Coordinator issues a | 10 | | Denial Letter, a prospective adoptive parent shall have the | 11 | | right to an administrative review. The Intercountry | 12 | | Adoption Coordinator shall include in its Denial Letter | 13 | | notification advising the prospective adoptive parent of | 14 | | the right to seek an administrative review of the | 15 | | determination by the Director of the Department, if | 16 | | requested in writing within 30 days of receipt of the | 17 | | Denial Letter. Failure to submit such a request within 30 | 18 | | days waives the prospective parent's right to a review. | 19 | | (i) The review by the Director shall include, but | 20 | | is not limited to, a review of documentation submitted | 21 | | by the prospective adoptive parent and, if requested by | 22 | | the prospective adoptive parent, a telephone | 23 | | conference or a mutually convenient in-person meeting | 24 | | with the Director, or the Director's designated | 25 | | representative, to allow the prospective adoptive | 26 | | parent to present the facts and circumstances |
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| 1 | | supporting the request for the Endorsement Letter. | 2 | | (ii) The Director shall issue a decision within 30 | 3 | | days of receipt of the request for review. | 4 | | (iii) If the Director concurs with the original | 5 | | Denial of the Intercountry Adoption Coordinator, the | 6 | | Director's decision shall be considered a final | 7 | | administrative decision and the prospective adoptive | 8 | | parent shall have all rights and remedies to a review | 9 | | to which he or she is entitled under applicable law. | 10 | | (7) In the case of an intercountry adoption finalized | 11 | | in another country, where a complete and valid Order of | 12 | | Adoption is issued from that country to an Illinois | 13 | | resident, as determined by the United States Department of | 14 | | State, this State shall not impose any additional | 15 | | preadoption requirements. | 16 | | (8) The Department shall provide a report to the | 17 | | General Assembly on an annual basis beginning on January 15 | 18 | | of each year after the effective date of this amendatory | 19 | | Act of the 98th General Assembly. The report shall provide | 20 | | statistical data on the Endorsement and Denial Letters and | 21 | | the Requests for Review of the Denial letter including, and | 22 | | shall contain but not limited to, the following: | 23 | | (i) The number of Endorsement Letters issued by the | 24 | | Intercountry Adoption Coordinator in the preceding | 25 | | year; | 26 | | (ii) The number of Denial Letters issued by the |
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| 1 | | Intercountry Adoption Coordinator in the preceding | 2 | | year; | 3 | | (iii) The number of Requests for Review of Denial | 4 | | Letter in the preceding year; | 5 | | (iv) The number of Denial Letter Reviews which | 6 | | resulted in a reversal and an Endorsement Letter being | 7 | | issued in the preceding year; and | 8 | | (v) The basis of each Denial Letter and the basis | 9 | | of each reversal of the Denial Letter in a particular | 10 | | case in the preceding year. | 11 | | In the case of any foreign-born child brought to the United | 12 | | States
for adoption in this State, the following preadoption | 13 | | requirements shall be
met:
| 14 | | (1) Documentation that the child is legally free for | 15 | | adoption prior to
entry into the United States shall be | 16 | | submitted.
| 17 | | (2) A medical report on the child, by authorized | 18 | | medical personnel in
the country of the child's origin, | 19 | | shall be provided when such personnel are
available.
| 20 | | (3) Verification that the adoptive family has been | 21 | | licensed as a foster
family home pursuant to the Child Care | 22 | | Act of 1969, as now or hereafter
amended, shall be | 23 | | provided.
| 24 | | (4) A valid home study conducted by a licensed child | 25 | | welfare agency that
complies with guidelines established | 26 | | by the United States Immigration and
Naturalization |
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| 1 | | Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 2 | | amended,
shall be submitted. A home study is considered | 3 | | valid if it contains:
| 4 | | (i) A factual evaluation of the financial, | 5 | | physical, mental and moral
capabilities of the | 6 | | prospective parent or parents to rear and educate the | 7 | | child
properly.
| 8 | | (ii) A detailed description of the living | 9 | | accommodations where the
prospective parent or parents | 10 | | currently reside.
| 11 | | (iii) A detailed description of the living | 12 | | accommodations in the United
States where the child | 13 | | will reside, if known.
| 14 | | (iv) A statement or attachment recommending the | 15 | | proposed adoption signed
by an official of the child | 16 | | welfare agency which has conducted the home study.
| 17 | | (5) The placing agency located in a non-compact state | 18 | | or a family
desiring to adopt through an authorized | 19 | | placement party in a non-compact
state or a foreign country | 20 | | shall file with the Department of Children and
Family | 21 | | Services a bond with surety in the amount of $5,000 as | 22 | | protection that a
foreign-born child accepted for care or | 23 | | supervision not become a public charge
upon the State of | 24 | | Illinois.
| 25 | | (6) In lieu of the $5,000 bond, the placement agency | 26 | | may sign a binding
agreement with the Department of |
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| 1 | | Children and Family Services to assume
full liability for | 2 | | all placements should, for any reason, the adoption be
| 3 | | disrupted or not be completed, including financial and | 4 | | planning
responsibility until the child is either returned | 5 | | to the country of its
origin or placed with a new adoptive | 6 | | family in the United States and that
adoption is finalized.
| 7 | | (7) Compliance with the requirements of the Interstate | 8 | | Compact on the
Placement of Children, when applicable, | 9 | | shall be demonstrated.
| 10 | | (8) When a child is adopted in a foreign country and a | 11 | | final, complete
and valid Order of Adoption is issued in | 12 | | that country, as determined by
both the United States | 13 | | Department of State and the United States Department
of | 14 | | Justice, this State shall not impose
any additional | 15 | | preadoption requirements. The adoptive family, however,
| 16 | | must comply with applicable requirements of the United | 17 | | States Department of
Immigration and Naturalization as | 18 | | provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 19 | | amended.
| 20 | | (d) (Blank). The Department of Children and Family Services | 21 | | shall maintain the
office of Intercountry Adoption | 22 | | Coordinator, shall maintain and protect the
rights of families | 23 | | and children participating in adoption of foreign born
| 24 | | children, and shall develop ongoing programs of support and | 25 | | services to such
families and children. The Intercountry | 26 | | Adoption Coordinator shall determine
that all preadoption |
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| 1 | | requirements have been met and report such information to
the | 2 | | Department of Immigration and Naturalization.
| 3 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 4 | | (750 ILCS 50/6) (from Ch. 40, par. 1508)
| 5 | | Sec. 6. A. Investigation; all cases. Within 10 days after | 6 | | the filing of
a petition for the adoption or standby adoption | 7 | | of a child other than a related
child, the
court shall appoint | 8 | | a child welfare agency approved by the Department of
Children | 9 | | and Family Services, or a person deemed competent by the court, | 10 | | or
in
Cook County the Court Services Division of the Cook | 11 | | County Department of
Public Aid, or the Department of Children | 12 | | and Family Services if the court
determines that no child | 13 | | welfare agency is available or that the petitioner
is | 14 | | financially unable to pay for the investigation, to investigate
| 15 | | accurately, fully and promptly, the allegations contained in | 16 | | the petition;
the character, reputation, health and general | 17 | | standing in the community of
the petitioners; the religious | 18 | | faith of the petitioners and, if
ascertainable, of the child | 19 | | sought to be adopted; and whether the
petitioners are proper | 20 | | persons to adopt the child and whether the child is
a proper | 21 | | subject of adoption. The investigation required under this | 22 | | Section
shall include a fingerprint based criminal background | 23 | | check with a review
of fingerprints by the Illinois State | 24 | | Police and Federal Bureau of
Investigation.
Each petitioner | 25 | | subject to this investigation, shall submit his or her
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| 1 | | fingerprints to the
Department
of State Police in the form and | 2 | | manner prescribed by the Department of State
Police. These | 3 | | fingerprints shall be checked against the fingerprint records
| 4 | | now and hereafter filed in the Department of State
Police and | 5 | | Federal Bureau of Investigation criminal history records
| 6 | | databases. The Department of State Police shall charge
a fee | 7 | | for conducting the criminal history records check, which shall | 8 | | be
deposited in the State Police Services Fund and shall not | 9 | | exceed the actual
cost of the records check.
The criminal | 10 | | background check required by
this Section shall include a | 11 | | listing of when, where and by whom the criminal
background | 12 | | check was prepared. The criminal background check required by | 13 | | this
Section shall not be more than two years old.
| 14 | | Neither a clerk of the circuit court nor a judge may | 15 | | require that a
criminal
background check or fingerprint review | 16 | | be filed with, or at the same time as,
an initial petition for | 17 | | adoption.
| 18 | | B. Investigation; foreign-born child. In the case of a | 19 | | child born
outside the United States or a territory thereof, in | 20 | | addition to the
investigation required under subsection (A) of | 21 | | this Section, a
post-placement investigation shall be | 22 | | conducted in accordance with the
requirements of the Child Care | 23 | | Act of 1969, the Interstate Compact on the
Placement of | 24 | | Children, and the Intercountry Adoption Act of 2000 regulations | 25 | | of the foreign placing agency and
the supervising agency .
| 26 | | The requirements of a post-placement investigation shall |
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| 1 | | be deemed to
have been satisfied if a valid final order or | 2 | | judgment of adoption has
been entered by a court of competent | 3 | | jurisdiction in a country other than
the United States or a | 4 | | territory thereof with respect to such child and
the | 5 | | petitioners.
| 6 | | C. Report of investigation. The court shall determine | 7 | | whether the costs of
the investigation shall be charged to the | 8 | | petitioners. The information obtained
as a result of such | 9 | | investigation shall be presented to the court in a written
| 10 | | report. The results of the criminal background check required | 11 | | under subsection
(A) shall be provided to the court for its | 12 | | review. The court may, in its
discretion, weigh the | 13 | | significance of the results of the criminal background
check | 14 | | against the entirety of the background of the petitioners. The | 15 | | Court, in
its discretion, may accept the report of the | 16 | | investigation previously made by a
licensed child welfare | 17 | | agency, if made within one year prior to the entry of
the | 18 | | judgment. Such report shall be treated as confidential and | 19 | | withheld from
inspection unless findings adverse to the | 20 | | petitioners or to the child sought to
be adopted are contained | 21 | | therein, and in that event the court shall inform the
| 22 | | petitioners of the relevant portions pertaining to the adverse | 23 | | findings. In no
event shall any facts set forth in the report | 24 | | be considered at the hearing of
the proceeding, unless | 25 | | established by competent evidence. The report shall be
filed | 26 | | with the record of the proceeding. If the file relating to the
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| 1 | | proceeding is not impounded, the report shall be impounded by | 2 | | the clerk of the
court and shall be made available for | 3 | | inspection only upon order of the court.
| 4 | | D. Related adoption. Such investigation shall not be made | 5 | | when the
petition seeks to adopt a related child or an adult | 6 | | unless the court, in
its discretion, shall so order. In such an | 7 | | event the court may appoint a
person deemed competent by the | 8 | | court.
| 9 | | (Source: P.A. 93-418, eff. 1-1-04.)".
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