Full Text of SB0646 100th General Assembly
SB0646enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 12 as follows:
| 6 | | (225 ILCS 10/12) (from Ch. 23, par. 2222)
| 7 | | Sec. 12. Advertisements.
| 8 | | (a) In this Section, "advertise" means communication by any | 9 | | public medium originating or distributed in this State, | 10 | | including, but not limited to, newspapers, periodicals, | 11 | | telephone book listings, outdoor advertising signs, radio, or | 12 | | television. | 13 | | (b) A child care facility or child welfare agency licensed | 14 | | or operating under a permit issued by the Department may | 15 | | publish advertisements for the services that the facility is | 16 | | specifically licensed or issued a permit under this Act to | 17 | | provide. A person, group of persons, agency, association, | 18 | | organization, corporation, institution, center, or group who | 19 | | advertises or causes to be published any advertisement | 20 | | offering, soliciting, or promising to perform adoption | 21 | | services as defined in Section 2.24 of this Act is guilty of a | 22 | | Class A misdemeanor and shall be subject to a fine not to | 23 | | exceed $10,000 or 9 months imprisonment for each advertisement, |
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| 1 | | unless that person, group of persons, agency, association, | 2 | | organization, corporation, institution, center, or group is | 3 | | (i) licensed or operating under a permit issued by the | 4 | | Department as a child care facility or child welfare agency, | 5 | | (ii) a biological parent or a prospective adoptive parent | 6 | | acting on his or her own behalf, or (iii) a licensed attorney | 7 | | advertising his or her availability to provide legal services | 8 | | relating to adoption, as permitted by law. | 9 | | (c) Every advertisement published after the effective date | 10 | | of this amendatory Act of the 94th General Assembly shall | 11 | | include the Department-issued license number of the facility or | 12 | | agency. | 13 | | (d) Any licensed child welfare agency providing adoption | 14 | | services that, after the effective date of this amendatory Act | 15 | | of the 94th General Assembly, causes to be published an | 16 | | advertisement containing reckless or intentional | 17 | | misrepresentations concerning adoption services or | 18 | | circumstances material to the placement of a child for adoption | 19 | | is guilty of a Class A misdemeanor and is subject to a fine not | 20 | | to exceed $10,000 or 9 months imprisonment for each | 21 | | advertisement.
| 22 | | (e) An out-of-state agency that is not licensed in Illinois | 23 | | and that has a written interagency agreement with one or more | 24 | | Illinois licensed child welfare agencies may advertise under | 25 | | this Section, provided that (i) the out-of-state agency must be | 26 | | officially recognized by the United States Internal Revenue |
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| 1 | | Service as a tax-exempt organization under 501(c)(3) of the | 2 | | Internal Revenue Code of 1986 (or any successor provision of | 3 | | federal tax law), (ii) the out-of-state agency provides only | 4 | | international adoption services and is covered by the | 5 | | Intercountry Adoption Act of 2000, (iii) the out-of-state | 6 | | agency displays, in the
advertisement, the license number of at | 7 | | least one of the Illinois licensed child welfare agencies with | 8 | | which it has a written agreement, and (iv) the advertisements | 9 | | pertain only to international adoption services. Subsection | 10 | | (d) of this Section shall apply to any out-of-state agencies | 11 | | described in this subsection (e).
| 12 | | (f) An advertiser, publisher, or broadcaster, including, | 13 | | but not limited to, newspapers, periodicals, telephone book | 14 | | publishers, outdoor advertising signs, radio stations, or | 15 | | television stations, who knowingly or recklessly advertises or | 16 | | publishes any advertisement offering, soliciting, or promising | 17 | | to perform adoption services, as defined in Section 2.24 of | 18 | | this Act, on behalf of a person, group of persons, agency, | 19 | | association, organization, corporation, institution, center, | 20 | | or group, not authorized to advertise under subsection (b) or | 21 | | subsection (e) of this Section, is guilty of a Class A | 22 | | misdemeanor and is subject to a fine not to exceed $10,000 or 9 | 23 | | months imprisonment for each advertisement. | 24 | | (g) The Department shall maintain a website listing child | 25 | | welfare agencies licensed by the Department that provide | 26 | | adoption services and other general information for biological |
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| 1 | | parents and adoptive parents. The website shall include, but | 2 | | not be limited to, agency addresses, phone numbers, e-mail | 3 | | addresses, website addresses, annual reports as referenced in | 4 | | Section 7.6 of this Act, agency license numbers, the Birth | 5 | | Parent Bill of Rights, the Adoptive Parents Bill of Rights, and | 6 | | the Department's complaint registry established under Section | 7 | | 9.1a of this Act. The Department shall adopt any rules | 8 | | necessary to implement this Section.
| 9 | | (h) Nothing in this Act shall prohibit a day care agency, | 10 | | day care center, day care home, or group day care home that | 11 | | does not provide or perform adoption services, as defined in | 12 | | Section 2.24 of this Act, from advertising or marketing the day | 13 | | care agency, day care center, day care home, or group day care | 14 | | home. | 15 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 16 | | Section 10. The Abused and Neglected Child Reporting Act is | 17 | | amended by adding Section 7.4a as follows: | 18 | | (325 ILCS 5/7.4a new) | 19 | | Sec. 7.4a. Domestic violence co-location program. | 20 | | (a) As used in this Section: | 21 | | "Domestic violence co-location program" means a program, | 22 | | administered in partnership with a co-location program | 23 | | management entity, where domestic violence advocates who are | 24 | | trained in domestic violence services and employed through a |
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| 1 | | domestic violence provider are assigned to work in a field | 2 | | office of the Department of Children and Family Services | 3 | | alongside and in collaboration with child welfare | 4 | | investigators and caseworkers working with families where | 5 | | there are indicators of domestic violence. | 6 | | "Domestic violence" has the meaning ascribed to it in the | 7 | | Illinois Domestic Violence Act of 1986. | 8 | | "Co-location program management entity" means the | 9 | | organization that partners with the Department to administer | 10 | | the domestic violence co-location program. | 11 | | (b) Subject to appropriations or the availability of other | 12 | | funds for this purpose, the Department may implement a 5-year | 13 | | pilot program of a domestic violence co-location program. The | 14 | | domestic violence co-location program shall be designed to | 15 | | improve child welfare interventions provided to families | 16 | | experiencing domestic violence in part by enhancing the safety | 17 | | and stability of children, reducing the number of children | 18 | | removed from their parents, and improving outcomes for children | 19 | | within their families through a strength-based and | 20 | | trauma-informed collaborative support program. The pilot | 21 | | program shall occur in no fewer than 3 Department offices. | 22 | | Additional sites may be added during the pilot program, and the | 23 | | pilot program may be expanded and converted into a permanent | 24 | | statewide program. | 25 | | (c) The Department shall adopt rules and procedures and | 26 | | shall develop and facilitate training for the effective |
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| 1 | | implementation of the domestic violence co-location program. | 2 | | The Department shall adopt rules on the qualification | 3 | | requirements for domestic violence advocates participating in | 4 | | the pilot program. | 5 | | (d) The Department shall track, collect, report on, and | 6 | | share data about domestic violence-affected families, | 7 | | including, but not limited to, data related to hotline calls, | 8 | | investigations, protective custody, cases referred to the | 9 | | juvenile court, and outcomes of the domestic violence | 10 | | co-location program. | 11 | | (e) The Department may arrange for an independent, | 12 | | evidence-based evaluation of the domestic violence co-location | 13 | | program authorized and implemented under this Section to | 14 | | determine whether it is meeting its goals. The independent | 15 | | evidence-based evaluation may include, but is not limited to, | 16 | | data regarding: (i) the number of children removed from their | 17 | | parents; (ii) the number of children who remain with the | 18 | | non-offending parent; (iii) the number of indicated and | 19 | | unfounded investigative findings and corresponding allegations | 20 | | of maltreatment for the non-offending parent and domestic | 21 | | violence perpetrator; (iv) the number of referrals to the | 22 | | co-located domestic violence advocates; (v) the number of | 23 | | referrals for services; and (vi) the number of months that | 24 | | children remained in foster care whose cases involved the | 25 | | co-located domestic violence advocate. | 26 | | (f) Following the expiration of the 5-year pilot program or |
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| 1 | | prior to the expiration of the pilot program, if there is | 2 | | evidence that the pilot program is effective, the domestic | 3 | | violence co-location program may expand into each county, | 4 | | investigative office of the Department of Children and Family | 5 | | Services, or purchase of service or other contracted private | 6 | | agency delivering intact family or foster care services in | 7 | | Illinois. | 8 | | (g) Nothing in this Section shall be construed to breach | 9 | | the confidentiality protections provided under State law to | 10 | | domestic violence professionals, including co-located domestic | 11 | | violence advocates, in the provision of services to domestic | 12 | | violence victims as employees of domestic violence agencies or | 13 | | to any individual who receives services from domestic violence | 14 | | agencies.
| 15 | | Section 15. If and only if House Bill 1785 of the 100th | 16 | | General Assembly becomes law, then the Vital Records Act is | 17 | | amended by changing Section 17 as follows:
| 18 | | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
| 19 | | Sec. 17. (1) For a person born in this State, the State | 20 | | Registrar of Vital
Records shall establish a new certificate of | 21 | | birth when he receives any of
the following:
| 22 | | (a) A certificate of adoption as provided in Section 16 | 23 | | or a certified
copy of the order of adoption together with | 24 | | the information necessary to
identify the original |
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| 1 | | certificate of birth and to establish the new
certificate | 2 | | of birth; except that a new certificate of birth shall not | 3 | | be
established if so requested by the court ordering the | 4 | | adoption, the
adoptive parents, or the adopted person.
| 5 | | (b) A certificate of adoption or a certified copy of | 6 | | the order of
adoption entered in a court of competent | 7 | | jurisdiction of any other state or
country declaring | 8 | | adopted a child born in the State of Illinois, together
| 9 | | with the information necessary to identify the original | 10 | | certificate of
birth and to establish the new certificate | 11 | | of birth; except that a new
certificate of birth shall not | 12 | | be established if so requested by the court
ordering the | 13 | | adoption, the adoptive parents, or the adopted person.
| 14 | | (c) A request that a new certificate be established and | 15 | | such evidence as
required by regulation proving that such | 16 | | person has been legitimatized, or
that the circuit court, | 17 | | the Department of Healthcare and Family Services (formerly
| 18 | | Illinois Department of Public Aid), or
a court or | 19 | | administrative agency of any other state
has established
| 20 | | the paternity of such a person
by judicial or | 21 | | administrative processes or by voluntary acknowledgment,
| 22 | | which is accompanied by the social security
numbers of all | 23 | | persons determined and presumed to be the parents.
| 24 | | (d) A declaration by a licensed health care | 25 | | professional or licensed mental health professional who | 26 | | has treated or evaluated a person stating that the
person |
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| 1 | | has undergone treatment that is clinically appropriate for | 2 | | that individual for the purpose of gender transition, based | 3 | | on contemporary medical standards, or that the individual | 4 | | has an intersex condition, and that the sex designation on | 5 | | such
person's birth record should therefore be changed. The | 6 | | information in the declaration shall be proved by the | 7 | | licensed health care professional or licensed mental | 8 | | health professional signing and dating it in substantially | 9 | | the following form: "I declare (or certify, verify, or | 10 | | state) under penalty of perjury that the foregoing is true | 11 | | and correct. Executed on (date).". The new certificate of | 12 | | birth shall reflect any legal name change, so long as the | 13 | | appropriate documentation of the name change is submitted.
| 14 | | Each request for a new certificate of birth shall be | 15 | | accompanied by a fee
of $15 and entitles the applicant to one | 16 | | certification or certified copy
of the new certificate. If the | 17 | | request is for additional copies, it shall
be accompanied by a | 18 | | fee of $2 for each additional certification or certified
copy.
| 19 | | (2) When a new certificate of birth is established, the | 20 | | actual place and
date of birth shall be shown; provided, in the | 21 | | case of adoption of a person
born in this State by parents who | 22 | | were residents of this State at the time
of the birth of the | 23 | | adopted person, the place of birth may be shown as the
place of | 24 | | residence of the adoptive parents at the time of such person's
| 25 | | birth, if specifically requested by them, and any new | 26 | | certificate of birth
established prior to the effective date of |
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| 1 | | this amendatory Act may be
corrected accordingly if so | 2 | | requested by the adoptive parents or the
adopted person when of | 3 | | legal age. The social security numbers of the
parents shall not | 4 | | be recorded on the certificate of birth. The social
security | 5 | | numbers may only be used for purposes allowed under federal | 6 | | law.
The new certificate shall be substituted for the original | 7 | | certificate of birth:
| 8 | | (a) Thereafter, the original certificate and the | 9 | | evidence of adoption,
paternity, legitimation, or change | 10 | | of sex designation shall not be subject to inspection
or | 11 | | certification except upon order of the circuit court, | 12 | | request of the person named on the certificate of birth , or
| 13 | | as provided by regulation. If the new certificate was | 14 | | issued subsequent to an adoption, then the evidence of | 15 | | adoption is not subject to inspection or certification | 16 | | except upon order of the circuit court or as provided by | 17 | | rule, and the original certificate shall not be subject to | 18 | | inspection until the adopted person has reached the age of | 19 | | 21; thereafter, the original certificate shall be made | 20 | | available as provided by Section 18.1b of the Adoption Act , | 21 | | and nothing in this subsection shall impede or prohibit | 22 | | access to the original birth certificate under Section | 23 | | 18.1b of the Adoption Act .
| 24 | | (b) Upon receipt of notice of annulment of adoption, | 25 | | the original
certificate of birth shall be restored to its | 26 | | place in the files, and the
new certificate and evidence |
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| 1 | | shall not be subject to inspection or
certification except | 2 | | upon order of the circuit court.
| 3 | | (3) If no certificate of birth is on file for the person | 4 | | for whom a new
certificate is to be established under this | 5 | | Section, a delayed record of
birth shall be filed with the | 6 | | State Registrar of Vital Records as provided
in Section 14 or | 7 | | Section 15 of this Act before a new certificate of birth
is | 8 | | established, except that when the date and place of birth and | 9 | | parentage
have been established in the adoption proceedings, a | 10 | | delayed record shall
not be required.
| 11 | | (4) When a new certificate of birth is established by the | 12 | | State
Registrar of Vital Records, all copies of the original | 13 | | certificate of birth
in the custody of any custodian of | 14 | | permanent local records in this State
shall be transmitted to | 15 | | the State Registrar of Vital Records as directed,
and shall be | 16 | | sealed from inspection except as provided by Section 18.1b of | 17 | | the Adoption Act.
| 18 | | (5) Nothing in this Section shall be construed to prohibit | 19 | | the amendment
of a birth certificate in accordance with | 20 | | subsection (6) of Section 22.
| 21 | | (Source: P.A. 97-110, eff. 7-14-11; 100HB1785eng.)
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2018, except that Section 15 takes effect upon becoming law | 24 | | or on the date House Bill 1785 of the 100th General Assembly | 25 | | takes effect, whichever is later. |
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