Full Text of HB1297 98th General Assembly
HB1297 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1297 Introduced , by Rep. Pam Roth SYNOPSIS AS INTRODUCED: |
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750 ILCS 50/1 | from Ch. 40, par. 1501 |
750 ILCS 50/4.1 | from Ch. 40, par. 1506 |
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Amends the Adoption Act. Eliminates the definition and function of the Intercountry Adoption Coordinator in the Department of Children and 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 Sections | 5 | | 1 and 4.1 as follows:
| 6 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 7 | | Sec. 1. Definitions. When used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | A. "Child" means a person under legal age subject to | 10 | | adoption under
this Act.
| 11 | | B. "Related child" means a child subject to adoption where | 12 | | either or both of
the adopting parents stands in any of the | 13 | | following relationships to the child
by blood or marriage: | 14 | | parent, grand-parent, brother, sister, step-parent,
| 15 | | step-grandparent, step-brother, step-sister, uncle, aunt, | 16 | | great-uncle,
great-aunt, or cousin of first degree. A child | 17 | | whose parent has executed
a final irrevocable consent to | 18 | | adoption or a final irrevocable surrender
for purposes of | 19 | | adoption, or whose parent has had his or her parental rights
| 20 | | terminated, is not a related child to that person, unless the | 21 | | consent is
determined to be void or is void pursuant to | 22 | | subsection O of Section 10.
| 23 | | C. "Agency" for the purpose of this Act means a public |
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| 1 | | child welfare agency
or a licensed child welfare agency.
| 2 | | D. "Unfit person" means any person whom the court shall | 3 | | find to be unfit
to have a child, without regard to the | 4 | | likelihood that the child will be
placed for adoption. The | 5 | | grounds of unfitness are any one or more
of the following, | 6 | | except that a person shall not be considered an unfit
person | 7 | | for the sole reason that the person has relinquished a child in
| 8 | | accordance 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 conviction
of second degree murder in | 10 | | violation of subsection (a) of Section 9-2 of the
Criminal | 11 | | Code of 1961 of a parent of the child to be adopted; (2)
| 12 | | first degree murder or second degree murder of any child in
| 13 | | violation of the Criminal Code of 1961; (3)
attempt or | 14 | | conspiracy to commit first degree murder or second degree | 15 | | murder
of any child in violation of the Criminal Code of | 16 | | 1961; (4)
solicitation to commit murder of any child, | 17 | | solicitation to
commit murder of any child for hire, or | 18 | | solicitation to commit second
degree murder of any child in | 19 | | violation of the Criminal Code of 1961; (5)
predatory | 20 | | criminal sexual assault of a child in violation of
Section | 21 | | 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) | 22 | | heinous battery of any child in violation of the Criminal | 23 | | Code of 1961; or (7) aggravated battery of any child in | 24 | | violation of the Criminal Code of 1961.
| 25 | | There is a rebuttable presumption that a parent is | 26 | | depraved if the parent
has been criminally convicted of at |
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| 1 | | least 3 felonies under the laws of this
State or any other | 2 | | state, or under federal law, or the criminal laws of any
| 3 | | United States territory; and at least
one of these
| 4 | | convictions took place within 5 years of the filing of the | 5 | | petition or motion
seeking termination of parental rights.
| 6 | | There is a rebuttable presumption that a parent is | 7 | | depraved if that
parent
has
been criminally convicted of | 8 | | either first or second degree murder of any person
as | 9 | | defined in the Criminal Code of 1961 within 10 years of the | 10 | | filing date of
the petition or motion to terminate parental | 11 | | rights. | 12 | | No conviction or finding of delinquency pursuant to | 13 | | Article 5 of the Juvenile Court Act of 1987 shall be | 14 | | considered a criminal conviction for the purpose of | 15 | | applying any presumption under this item (i).
| 16 | | (j) Open and notorious adultery or fornication.
| 17 | | (j-1) (Blank).
| 18 | | (k) Habitual drunkenness or addiction to drugs, other | 19 | | than those
prescribed by a physician, for at least one year | 20 | | immediately
prior to the commencement of the unfitness | 21 | | proceeding.
| 22 | | There is a rebuttable presumption that a parent is | 23 | | unfit under this
subsection
with respect to any child to | 24 | | which that parent gives birth where there is a
confirmed
| 25 | | test result that at birth the child's blood, urine, or | 26 | | meconium contained any
amount of a controlled substance as |
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| 1 | | defined in subsection (f) of Section 102 of
the Illinois | 2 | | Controlled Substances Act or metabolites of such | 3 | | substances, the
presence of which in the newborn infant was | 4 | | not the result of medical treatment
administered to the | 5 | | mother or the newborn infant; and the biological mother of
| 6 | | this child is the biological mother of at least one other | 7 | | child who was
adjudicated a neglected minor under | 8 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of | 9 | | 1987.
| 10 | | (l) Failure to demonstrate a reasonable degree of | 11 | | interest, concern or
responsibility as to the welfare of a | 12 | | new born child during the first 30
days after its birth.
| 13 | | (m) Failure by a parent (i) to make reasonable efforts | 14 | | to correct the
conditions that were the basis for the | 15 | | removal of the child from the
parent, or (ii) to make | 16 | | reasonable progress toward the return of the child
to
the | 17 | | parent within 9 months after an adjudication of neglected | 18 | | or abused
minor under Section 2-3 of the Juvenile Court Act | 19 | | of 1987 or dependent
minor under Section 2-4 of that Act, | 20 | | or (iii) to make reasonable progress
toward the return of | 21 | | the
child to the parent during any 9-month period after the | 22 | | end of the initial
9-month period following the | 23 | | adjudication of
neglected or abused minor under Section 2-3 | 24 | | of the Juvenile Court
Act of 1987 or dependent minor under | 25 | | Section 2-4 of that Act.
If a service plan has been | 26 | | established as
required under
Section 8.2 of the Abused and |
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| 1 | | Neglected Child Reporting Act to correct the
conditions | 2 | | that were the basis for the removal of the child from the | 3 | | parent
and if those services were available,
then, for | 4 | | purposes of this Act, "failure to make reasonable progress | 5 | | toward the
return of the child to the parent" includes (I) | 6 | | the parent's failure to
substantially fulfill his or her | 7 | | obligations under the
service plan and correct the | 8 | | conditions that brought the child into care
within 9 months | 9 | | after the adjudication under Section 2-3 or 2-4
of the | 10 | | Juvenile Court Act of 1987
and (II) the parent's failure to | 11 | | substantially fulfill his or her obligations
under
the | 12 | | service plan and correct the conditions that brought the | 13 | | child into care
during any 9-month period after the end of | 14 | | the initial 9-month period
following the adjudication | 15 | | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 16 | | Notwithstanding any other provision, when a petition or | 17 | | motion seeks to terminate parental rights on the basis of | 18 | | item (iii) of this subsection (m), the petitioner shall | 19 | | file with the court and serve on the parties a pleading | 20 | | that specifies the 9-month period or periods relied on. The | 21 | | pleading shall be filed and served on the parties no later | 22 | | than 3 weeks before the date set by the court for closure | 23 | | of discovery, and the allegations in the pleading shall be | 24 | | treated as incorporated into the petition or motion. | 25 | | Failure of a respondent to file a written denial of the | 26 | | allegations in the pleading shall not be treated as an |
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| 1 | | admission that the allegations are true.
| 2 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a | 3 | | child
has been in foster care for 15 months out of any 22 | 4 | | month period which begins
on or after the effective date of | 5 | | this amendatory Act of 1998 unless the
child's parent can | 6 | | prove
by a preponderance of the evidence that it is more | 7 | | likely than not that it will
be in the best interests of | 8 | | the child to be returned to the parent within 6
months of | 9 | | the date on which a petition for termination of parental | 10 | | rights is
filed under the Juvenile Court Act of 1987. The | 11 | | 15 month time limit is tolled
during
any period for which | 12 | | there is a court finding that the appointed custodian or
| 13 | | guardian failed to make reasonable efforts to reunify the | 14 | | child with his or her
family, provided that (i) the finding | 15 | | of no reasonable efforts is made within
60 days of the | 16 | | period when reasonable efforts were not made or (ii) the | 17 | | parent
filed a motion requesting a finding of no reasonable | 18 | | efforts within 60 days of
the period when reasonable | 19 | | efforts were not made. For purposes of this
subdivision | 20 | | (m-1), the date of entering foster care is the earlier of: | 21 | | (i) the
date of
a judicial finding at an adjudicatory | 22 | | hearing that the child is an abused,
neglected, or | 23 | | dependent minor; or (ii) 60 days after the date on which | 24 | | the
child is removed from his or her parent, guardian, or | 25 | | legal custodian.
| 26 | | (n) Evidence of intent to forgo his or her parental |
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| 1 | | rights,
whether or
not the child is a ward of the court, | 2 | | (1) as manifested
by his or her failure for a period of 12 | 3 | | months: (i) to visit the child,
(ii) to communicate with | 4 | | the child or agency, although able to do so and
not | 5 | | prevented from doing so by an agency or by court order, or | 6 | | (iii) to
maintain contact with or plan for the future of | 7 | | the child, although physically
able to do so, or (2) as | 8 | | manifested by the father's failure, where he
and the mother | 9 | | of the child were unmarried to each other at the time of | 10 | | the
child's birth, (i) to commence legal proceedings to | 11 | | establish his paternity
under the Illinois Parentage Act of | 12 | | 1984 or the law of the jurisdiction of
the child's birth | 13 | | within 30 days of being informed, pursuant to Section 12a
| 14 | | of this Act, that he is the father or the likely father of | 15 | | the child or,
after being so informed where the child is | 16 | | not yet born, within 30 days of
the child's birth, or (ii) | 17 | | to make a good faith effort to pay a reasonable
amount of | 18 | | the expenses related to the birth of the child and to | 19 | | provide a
reasonable amount for the financial support of | 20 | | the child, the court to
consider in its determination all | 21 | | relevant circumstances, including the
financial condition | 22 | | of both parents; provided that the ground for
termination | 23 | | provided in this subparagraph (n)(2)(ii) shall only be
| 24 | | available where the petition is brought by the mother or | 25 | | the husband of
the mother.
| 26 | | Contact or communication by a parent with his or her |
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| 1 | | child that does not
demonstrate affection and concern does | 2 | | not constitute reasonable contact
and planning under | 3 | | subdivision (n). In the absence of evidence to the
| 4 | | contrary, the ability to visit, communicate, maintain | 5 | | contact, pay
expenses and plan for the future shall be | 6 | | presumed. The subjective intent
of the parent, whether | 7 | | expressed or otherwise, unsupported by evidence of
the | 8 | | foregoing parental acts manifesting that intent, shall not | 9 | | preclude a
determination that the parent has intended to | 10 | | forgo his or her
parental
rights. In making this | 11 | | determination, the court may consider but shall not
require | 12 | | a showing of diligent efforts by an authorized agency to | 13 | | encourage
the parent to perform the acts specified in | 14 | | subdivision (n).
| 15 | | It shall be an affirmative defense to any allegation | 16 | | under paragraph
(2) of this subsection that the father's | 17 | | failure was due to circumstances
beyond his control or to | 18 | | impediments created by the mother or any other
person | 19 | | having legal custody. Proof of that fact need only be by a
| 20 | | preponderance of the evidence.
| 21 | | (o) Repeated or continuous failure by the parents, | 22 | | although physically
and financially able, to provide the | 23 | | child with adequate food, clothing,
or shelter.
| 24 | | (p) Inability to discharge parental responsibilities | 25 | | supported by
competent evidence from a psychiatrist, | 26 | | licensed clinical social
worker, or clinical psychologist |
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| 1 | | of mental
impairment, mental illness or an intellectual | 2 | | disability as defined in Section
1-116 of the Mental Health | 3 | | and Developmental Disabilities Code, or
developmental | 4 | | disability as defined in Section 1-106 of that Code, and
| 5 | | there is sufficient justification to believe that the | 6 | | inability to
discharge parental responsibilities shall | 7 | | extend beyond a reasonable
time period. However, this | 8 | | subdivision (p) shall not be construed so as to
permit a | 9 | | licensed clinical social worker to conduct any medical | 10 | | diagnosis to
determine mental illness or mental | 11 | | impairment.
| 12 | | (q) (Blank).
| 13 | | (r) The child is in the temporary custody or | 14 | | guardianship of the
Department of Children and Family | 15 | | Services, the parent is incarcerated as a
result of | 16 | | criminal conviction at the time the petition or motion for
| 17 | | termination of parental rights is filed, prior to | 18 | | incarceration the parent had
little or no contact with the | 19 | | child or provided little or no support for the
child, and | 20 | | the parent's incarceration will prevent the parent from | 21 | | discharging
his or her parental responsibilities for the | 22 | | child for a period in excess of 2
years after the filing of | 23 | | the petition or motion for termination of parental
rights.
| 24 | | (s) The child is in the temporary custody or | 25 | | guardianship of the
Department of Children and Family | 26 | | Services, the parent is incarcerated at the
time the |
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| 1 | | petition or motion for termination of parental rights is | 2 | | filed, the
parent has been repeatedly incarcerated as a | 3 | | result of criminal convictions,
and the parent's repeated | 4 | | incarceration has prevented the parent from
discharging | 5 | | his or her parental responsibilities for the child.
| 6 | | (t) A finding that at birth the child's blood,
urine, | 7 | | or meconium contained any amount of a controlled substance | 8 | | as
defined in subsection (f) of Section 102 of the Illinois | 9 | | Controlled Substances
Act, or a metabolite of a controlled | 10 | | substance, with the exception of
controlled substances or | 11 | | metabolites of such substances, the presence of which
in | 12 | | the newborn infant was the result of medical treatment | 13 | | administered to the
mother or the newborn infant, and that | 14 | | the biological mother of this child is
the biological | 15 | | mother of at least one other child who was adjudicated a
| 16 | | neglected minor under subsection (c) of Section 2-3 of the | 17 | | Juvenile Court Act
of 1987, after which the biological | 18 | | mother had the opportunity to enroll in
and participate in | 19 | | a clinically appropriate substance abuse
counseling, | 20 | | treatment, and rehabilitation program.
| 21 | | E. "Parent" means the father or mother of a lawful child of | 22 | | the parties or child born out of wedlock. For the purpose of | 23 | | this Act, a person who has executed a final and
irrevocable | 24 | | consent to adoption or a final and irrevocable surrender for
| 25 | | purposes of adoption, or whose parental rights have been | 26 | | terminated by a
court, is not a parent of the child who was the |
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| 1 | | subject of the consent or
surrender, unless the consent is void | 2 | | pursuant to subsection O of Section 10.
| 3 | | F. A person is available for adoption when the person is:
| 4 | | (a) a child who has been surrendered for adoption to an | 5 | | agency and to
whose adoption the agency has thereafter | 6 | | consented;
| 7 | | (b) a child to whose adoption a person authorized by | 8 | | law, other than his
parents, has consented, or to whose | 9 | | adoption no consent is required pursuant
to Section 8 of | 10 | | this Act;
| 11 | | (c) a child who is in the custody of persons who intend | 12 | | to adopt him
through placement made by his parents;
| 13 | | (c-1) a child for whom a parent has signed a specific | 14 | | consent pursuant
to subsection O of Section 10;
| 15 | | (d) an adult who meets the conditions set forth in | 16 | | Section 3 of this
Act; or
| 17 | | (e) a child who has been relinquished as defined in | 18 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
| 19 | | A person who would otherwise be available for adoption | 20 | | shall not be
deemed unavailable for adoption solely by reason | 21 | | of his or her death.
| 22 | | G. The singular includes the plural and the plural includes
| 23 | | the singular and the "male" includes the "female", as the | 24 | | context of this
Act may require.
| 25 | | H. "Adoption disruption" occurs when an adoptive placement | 26 | | does not
prove successful and it becomes necessary for the |
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| 1 | | child to be removed from
placement before the adoption is | 2 | | finalized.
| 3 | | I. "Foreign placing agency" is an agency or individual | 4 | | operating in a
country or territory outside the United States | 5 | | that is authorized by its
country to place children for | 6 | | adoption either directly with families in the
United States or | 7 | | through United States based international agencies.
| 8 | | J. "Immediate relatives" means the biological parents, the | 9 | | parents of
the biological parents and siblings of the | 10 | | biological parents.
| 11 | | K. "Intercountry adoption" is a process by which a child | 12 | | from a country
other than the United States is adopted.
| 13 | | L. (Blank). "Intercountry Adoption Coordinator" is a staff | 14 | | person of the
Department of Children and Family Services | 15 | | appointed by the Director to
coordinate the provision of | 16 | | services by the public and private sector to
prospective | 17 | | parents of foreign-born children.
| 18 | | M. "Interstate Compact on the Placement of Children" is a | 19 | | law enacted by
most states for the purpose of establishing | 20 | | uniform procedures for handling
the interstate placement of | 21 | | children in foster homes, adoptive homes, or
other child care | 22 | | facilities.
| 23 | | N. "Non-Compact state" means a state that has not enacted | 24 | | the
Interstate Compact on the Placement of Children.
| 25 | | O. "Preadoption requirements" are any conditions | 26 | | established by the laws
or regulations of the Federal |
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| 1 | | Government or of each state that must be met
prior to the | 2 | | placement of a child in an adoptive home.
| 3 | | P. "Abused child" means a child whose parent or immediate | 4 | | family member,
or any person responsible for the child's | 5 | | welfare, or any individual
residing in the same home as the | 6 | | child, or a paramour of the child's parent:
| 7 | | (a) inflicts, causes to be inflicted, or allows to be | 8 | | inflicted upon
the child physical injury, by other than | 9 | | accidental means, that causes
death, disfigurement, | 10 | | impairment of physical or emotional health, or loss
or | 11 | | impairment of any bodily function;
| 12 | | (b) creates a substantial risk of physical injury to | 13 | | the child by
other than accidental means which would be | 14 | | likely to cause death,
disfigurement, impairment of | 15 | | physical or emotional health, or loss or
impairment of any | 16 | | bodily function;
| 17 | | (c) commits or allows to be committed any sex offense | 18 | | against the child,
as sex offenses are defined in the | 19 | | Criminal Code of 1961
and extending those definitions of | 20 | | sex offenses to include children under
18 years of age;
| 21 | | (d) commits or allows to be committed an act or acts of | 22 | | torture upon
the child; or
| 23 | | (e) inflicts excessive corporal punishment.
| 24 | | Q. "Neglected child" means any child whose parent or other | 25 | | person
responsible for the child's welfare withholds or denies | 26 | | nourishment or
medically indicated treatment including food or |
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| 1 | | care denied solely on the
basis of the present or anticipated | 2 | | mental or physical impairment as determined
by a physician | 3 | | acting alone or in consultation with other physicians or
| 4 | | otherwise does not provide the proper or necessary support, | 5 | | education
as required by law, or medical or other remedial care | 6 | | recognized under State
law as necessary for a child's | 7 | | well-being, or other care necessary for his
or her well-being, | 8 | | including adequate food, clothing and shelter; or who
is | 9 | | abandoned by his or her parents or other person responsible for | 10 | | the child's
welfare.
| 11 | | A child shall not be considered neglected or abused for the
| 12 | | sole reason that the child's parent or other person responsible | 13 | | for his
or her welfare depends upon spiritual means through | 14 | | prayer alone for the
treatment or cure of disease or remedial | 15 | | care as provided under Section 4
of the Abused and Neglected | 16 | | Child Reporting Act.
A child shall not be considered neglected | 17 | | or abused for the sole reason that
the child's parent or other | 18 | | person responsible for the child's welfare failed
to vaccinate, | 19 | | delayed vaccination, or refused vaccination for the child
due | 20 | | to a waiver on religious or medical grounds as permitted by | 21 | | law.
| 22 | | R. "Putative father" means a man who may be a child's | 23 | | father, but who (1) is
not married to the child's mother on or | 24 | | before the date that the child was or
is to be born and (2) has | 25 | | not established paternity of the child in a court
proceeding | 26 | | before the filing of a petition for the adoption of the child. |
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| 1 | | The
term includes a male who is less than 18 years of age. | 2 | | "Putative father" does
not mean a man who is the child's father | 3 | | as a result of criminal sexual abuse
or assault as defined | 4 | | under Article 12 of the Criminal Code of 1961.
| 5 | | S. "Standby adoption" means an adoption in which a parent
| 6 | | consents to custody and termination of parental rights to | 7 | | become
effective upon the occurrence of a future event, which | 8 | | is either the death of
the
parent or the request of the parent
| 9 | | for the entry of a final judgment of adoption.
| 10 | | T. (Blank).
| 11 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | 12 | | 97-1109, eff. 1-1-13.)
| 13 | | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| 14 | | Sec. 4.1. Except for children placed with relatives by the | 15 | | Department of
Children and Family Services pursuant to | 16 | | subsection (b) of Section 7 of the
Children and Family Services | 17 | | Act, placements under this Act shall comply with
the Child Care | 18 | | Act of 1969 and the Interstate Compact on the Placement of
| 19 | | Children. Placements of children born outside the United States | 20 | | or a territory
thereof shall comply with rules promulgated by | 21 | | the United States Department of
Immigration and | 22 | | Naturalization.
| 23 | | Rules promulgated by the Department of Children and Family | 24 | | Services shall
include but not be limited to the following:
| 25 | | (a) Any agency providing adoption services as defined in |
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| 1 | | Section 2.24 of the Child Care Act of 1969 in this State:
| 2 | | (i) Shall be licensed in this State as a child welfare | 3 | | agency as defined
in Section 2.08 of the Child Care Act of | 4 | | 1969; or
| 5 | | (ii) Shall be licensed as a child placement agency in a | 6 | | state which is a
party to the Interstate Compact on the | 7 | | Placement of Children and shall be approved by the | 8 | | Department to place children into Illinois in accordance | 9 | | with subsection (a-5) of this Section; or
| 10 | | (iii) Shall be licensed as a child placement agency in | 11 | | a country other
than the United States or, if located in | 12 | | such a country but not so
licensed, shall provide | 13 | | information such as a license or court document
which | 14 | | authorizes that agency to place children for adoption and | 15 | | to
establish that such agency has legal authority to place | 16 | | children for adoption;
or
| 17 | | (iv) Shall be a child placement agency which is so | 18 | | licensed in a
non-compact
state and shall be approved by | 19 | | the Department to place children into Illinois in | 20 | | accordance with subsection (a-5) of this Section, if such | 21 | | agency first files with the Department of Children and | 22 | | Family
Services a bond with surety in the amount of $5,000 | 23 | | for each such child to
ensure that such child shall not | 24 | | become a public charge upon this State. Such
bond shall | 25 | | remain in effect until a judgment for adoption is entered | 26 | | with
respect to such child pursuant to this Act. The |
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| 1 | | Department of Children and
Family Services may accept, in | 2 | | lieu of such bond, a written agreement with such
agency | 3 | | which provides that such agency shall be liable for all | 4 | | costs associated
with the placement of such child in the | 5 | | event a judgment of adoption is not
entered, upon such | 6 | | terms and conditions as the Department deems appropriate.
| 7 | | The rules shall also provide that any agency that places | 8 | | children for
adoption in this State may not, in any policy or | 9 | | practice relating to the
placement of children for adoption, | 10 | | discriminate against any child or
prospective adoptive parent | 11 | | on the basis of race.
| 12 | | (a-5) Out-of-state private placing agencies that seek to | 13 | | place children into Illinois for the purpose of foster care or | 14 | | adoption shall provide all of the following to the Department: | 15 | | (i) A copy of the agency's current license or other | 16 | | form of authorization from the approving authority in the | 17 | | agency's state. If no such license or authorization is | 18 | | issued, the agency must provide a reference statement from | 19 | | the approving authority stating the agency is authorized to | 20 | | place children in foster care or adoption or both in its | 21 | | jurisdiction. | 22 | | (ii) A description of the program, including home | 23 | | studies, placements, and supervisions that the child | 24 | | placing agency conducts within its geographical area, and, | 25 | | if applicable, adoptive placements and the finalization of | 26 | | adoptions. The child placing agency must accept continued |
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| 1 | | responsibility for placement planning and replacement if | 2 | | the placement fails. | 3 | | (iii) Notification to the Department of any | 4 | | significant child placing agency changes after approval.
| 5 | | (iv) Any other information the Department may require.
| 6 | | If the adoption is finalized prior to bringing or sending | 7 | | the child to Illinois, Department approval of the out-of-state | 8 | | child placing agency involved is not required under this | 9 | | Section, nor is compliance with the Interstate Compact on the | 10 | | Placement of Children.
| 11 | | (b) 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) In the case of any foreign-born child brought to the | 19 | | United States
for adoption in this State, the following | 20 | | preadoption requirements shall be
met:
| 21 | | (1) Documentation that the child is legally free for | 22 | | adoption prior to
entry into the United States shall be | 23 | | submitted.
| 24 | | (2) A medical report on the child, by authorized | 25 | | medical personnel in
the country of the child's origin, | 26 | | shall be provided when such personnel are
available.
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| 1 | | (3) Verification that the adoptive family has been | 2 | | licensed as a foster
family home pursuant to the Child Care | 3 | | Act of 1969, as now or hereafter
amended, shall be | 4 | | provided.
| 5 | | (4) A valid home study conducted by a licensed child | 6 | | welfare agency that
complies with guidelines established | 7 | | by the United States Immigration and
Naturalization | 8 | | Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 9 | | amended,
shall be submitted. A home study is considered | 10 | | valid if it contains:
| 11 | | (i) A factual evaluation of the financial, | 12 | | physical, mental and moral
capabilities of the | 13 | | prospective parent or parents to rear and educate the | 14 | | child
properly.
| 15 | | (ii) A detailed description of the living | 16 | | accommodations where the
prospective parent or parents | 17 | | currently reside.
| 18 | | (iii) A detailed description of the living | 19 | | accommodations in the United
States where the child | 20 | | will reside, if known.
| 21 | | (iv) A statement or attachment recommending the | 22 | | proposed adoption signed
by an official of the child | 23 | | welfare agency which has conducted the home study.
| 24 | | (5) The placing agency located in a non-compact state | 25 | | or a family
desiring to adopt through an authorized | 26 | | placement party in a non-compact
state or a foreign country |
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| 1 | | shall file with the Department of Children and
Family | 2 | | Services a bond with surety in the amount of $5,000 as | 3 | | protection that a
foreign-born child accepted for care or | 4 | | supervision not become a public charge
upon the State of | 5 | | Illinois.
| 6 | | (6) In lieu of the $5,000 bond, the placement agency | 7 | | may sign a binding
agreement with the Department of | 8 | | Children and Family Services to assume
full liability for | 9 | | all placements should, for any reason, the adoption be
| 10 | | disrupted or not be completed, including financial and | 11 | | planning
responsibility until the child is either returned | 12 | | to the country of its
origin or placed with a new adoptive | 13 | | family in the United States and that
adoption is finalized.
| 14 | | (7) Compliance with the requirements of the Interstate | 15 | | Compact on the
Placement of Children, when applicable, | 16 | | shall be demonstrated.
| 17 | | (8) When a child is adopted in a foreign country and a | 18 | | final, complete
and valid Order of Adoption is issued in | 19 | | that country, as determined by
both the United States | 20 | | Department of State and the United States Department
of | 21 | | Justice, this State shall not impose
any additional | 22 | | preadoption requirements. The adoptive family, however,
| 23 | | must comply with applicable requirements of the United | 24 | | States Department of
Immigration and Naturalization as | 25 | | provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 26 | | amended.
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| 1 | | (d) (Blank). The Department of Children and Family Services | 2 | | shall maintain the
office of Intercountry Adoption | 3 | | Coordinator, shall maintain and protect the
rights of families | 4 | | and children participating in adoption of foreign born
| 5 | | children, and shall develop ongoing programs of support and | 6 | | services to such
families and children. The Intercountry | 7 | | Adoption Coordinator shall determine
that all preadoption | 8 | | requirements have been met and report such information to
the | 9 | | Department of Immigration and Naturalization.
| 10 | | (Source: P.A. 94-586, eff. 8-15-05.)
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