Full Text of HB2153 101st General Assembly
HB2153 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2153 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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Amends the Adoption Act. In a provision regarding the Adoption Registry-Confidential Intermediary Advisory Council, changes the name of the Jewish Children's Bureau to "Jewish Child & Family Services".
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Adoption Act is amended by changing Section | 5 | | 18.08 as follows: | 6 | | (750 ILCS 50/18.08) | 7 | | Sec. 18.08. Adoption Registry-Confidential Intermediary | 8 | | Advisory Council. | 9 | | (a) There shall be established under the Department of | 10 | | Public Health and the Department of Children and Family | 11 | | Services the Adoption Registry-Confidential Intermediary | 12 | | Advisory Council. The Council shall include: | 13 | | (1) the Director of the Department of Public Health, or | 14 | | his or her designee, who shall serve as the co-chairperson | 15 | | of the Council; | 16 | | (2) the Director of the Department of Children and | 17 | | Family Services, or his or her designee, who shall serve as | 18 | | the co-chairperson of the Council; | 19 | | (3) an attorney representing the Attorney General's | 20 | | Office appointed by the Attorney General; | 21 | | (4) a currently certified confidential intermediary | 22 | | appointed by the Director of the Department of Children and | 23 | | Family Services; |
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| 1 | | (5) one representative from each of the following | 2 | | organizations appointed by the Director of the Department | 3 | | of Public Health: Adoption Advocates of America, Adoptive | 4 | | Families Today, Catholic Conference of Illinois, Chicago | 5 | | Area Families for Adoption, Chicago Bar Association, Child | 6 | | Care Association of Illinois, Children's Home and Aid | 7 | | Society of Illinois, Child Welfare Advisory Council, The | 8 | | Cradle, Healing Hearts, Illinois Foster Parents | 9 | | Association, Illinois State Bar Association, Illinois | 10 | | State Medical Society, Jewish Child & Family Services | 11 | | Jewish Children's Bureau , LDS Social Services, Lutheran | 12 | | Social Services of Illinois, Maryville Academy, Midwest | 13 | | Adoption Center, St. Mary's Services, Stars of David, | 14 | | Truthseekers in Adoption, and White Oak Foundation; | 15 | | (6) 5 additional members appointed by the Director of | 16 | | the Department of Children and Family Services who shall, | 17 | | when making those appointments, consider advocates for | 18 | | adopted persons, adoptive parents, or birth parents, | 19 | | lawyers who represent clients in private adoptions, | 20 | | lawyers specializing in privacy law, and representatives | 21 | | of agencies involved in adoptions; | 22 | | (7) an attorney from the Department of Children and | 23 | | Family Services, who shall serve as an ex-officio, | 24 | | non-voting advisor to the Council; and | 25 | | (8) the person directly responsible for administering | 26 | | the confidential intermediary program, who shall serve as |
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| 1 | | an ex-officio, non-voting advisor to the Council. | 2 | | (b) If any one of the named organizations in item (5) of | 3 | | subsection (a) notifies the Director of the Department of | 4 | | Public Health or the Director of the Department of Children and | 5 | | Family Services in writing that the organization does not wish | 6 | | to participate on the Adoption Registry-Confidential | 7 | | Intermediary Advisory Council or that the organization is no | 8 | | longer functioning, the Directors may designate another | 9 | | organization that represents the same constituency as the named | 10 | | organization to replace the named organization on the Council. | 11 | | (c) Council members shall receive no compensation for their | 12 | | service. The Council shall meet no less often than once every 6 | 13 | | months and shall meet as the Director of the Department of | 14 | | Public Health or the Director of the Department of Children and | 15 | | Family Services deems necessary. The Council shall have only an | 16 | | advisory role to the Directors and may make recommendations to | 17 | | the pertinent Department regarding the development of rules, | 18 | | procedures, and forms that will promote the efficient and | 19 | | effective operation of (i) the Illinois Adoption Registry, (ii) | 20 | | the Office of Vital Records as it pertains to the Registry and | 21 | | to access to the non-certified copy of the original birth | 22 | | certificate, and (iii) the Confidential Intermediary Program | 23 | | in Illinois. The Council will also serve in an advisory | 24 | | capacity regarding the effective delivery of adult | 25 | | post-adoption services in Illinois, including: | 26 | | (1) advising the Department of Public Health on the |
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| 1 | | development of rules, procedures, and forms utilized by the | 2 | | Illinois Adoption Registry and Medical Information | 3 | | Exchange; | 4 | | (2) making recommendations regarding the procedures, | 5 | | tools, and technology that will promote efficient and | 6 | | effective operation of the Registry; | 7 | | (3) assisting the Department of Public Health with the | 8 | | development, publication, and circulation of an | 9 | | informational pamphlet that describes the purpose, | 10 | | function, and mechanics of the Illinois Adoption Registry | 11 | | and Medical Information Exchange, including information | 12 | | about who is eligible to register and how to register; | 13 | | information about the questions and concerns that | 14 | | registrants may develop when they register or when they | 15 | | receive information from the Registry; and a list of | 16 | | services, programs, groups, and informational websites | 17 | | that are available to assist registrants with their | 18 | | questions and concerns; | 19 | | (4) collecting, compiling, and reviewing statistical | 20 | | data and empirical information concerning the procedures | 21 | | in the Registry including, but not limited to, data | 22 | | concerning the filing of Denials of Information Exchange, | 23 | | Information Exchange Authorizations, Requests for a | 24 | | Non-Certified Copy of an Original Birth Certificate, and | 25 | | Birth Parent Preference Forms; | 26 | | (5) making recommendations to the Director of the |
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| 1 | | Department of Children and Family Services regarding the | 2 | | standards for certification for confidential | 3 | | intermediaries; | 4 | | (6) making recommendations to the Director of the | 5 | | Department of Children and Family Services concerning | 6 | | oversight methods used to verify that intermediaries are | 7 | | complying with the appropriate laws; | 8 | | (7) assisting the Department of Children and Family | 9 | | Services with training for confidential intermediaries, | 10 | | including training with respect to federal and State | 11 | | privacy laws; | 12 | | (8) reviewing the relationship between confidential | 13 | | intermediaries and the court system and making | 14 | | recommendations to the Director of the Department of | 15 | | Children and Family Services concerning sample orders that | 16 | | define the scope of the intermediaries' access to | 17 | | information; | 18 | | (9) considering any recent violations of policy or | 19 | | procedures by confidential intermediaries and remedial | 20 | | steps, including decertification, which might be | 21 | | recommended to the Director of the Department of Children | 22 | | and Family Services so as to prevent future violations; and | 23 | | (10) reviewing reports from the Department of Children | 24 | | and Family Services submitted by July 1 and January 1 of | 25 | | each year in order detailing the penalties assessed and | 26 | | collected, the amounts of related deposits into the DCFS |
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| 1 | | Children's Services Fund, and any expenditures from such | 2 | | deposits. | 3 | | (d) Within 45 days after the effective date of this | 4 | | amendatory Act of the 97th General Assembly, both the Adoption | 5 | | Registry Advisory Council and the Confidential Intermediary | 6 | | Council shall, notwithstanding any other provision of this Act, | 7 | | turn over the Council's records to the Adoption | 8 | | Registry-Confidential Intermediary Advisory Council and cease | 9 | | to function.
| 10 | | (Source: P.A. 97-1063, eff. 1-1-13; 98-704, eff. 1-1-15 .)
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