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Public Act 097-1063 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 3 as follows: | ||||
(325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||
Sec. 3. As used in this Act unless the context otherwise | ||||
requires: | ||||
"Adult resident" means any person between 18 and 22 years | ||||
of age who resides in any facility licensed by the Department | ||||
under the Child Care Act of 1969. For purposes of this Act, the | ||||
criteria set forth in the definitions of "abused child" and | ||||
"neglected child" shall be used in determining whether an adult | ||||
resident is abused or neglected. | ||||
"Child" means any person under the age of 18 years, unless | ||||
legally
emancipated by reason of marriage or entry into a | ||||
branch of the United
States armed services. | ||||
"Department" means Department of Children and Family | ||||
Services. | ||||
"Local law enforcement agency" means the police of a city, | ||||
town,
village or other incorporated area or the sheriff of an | ||||
unincorporated
area or any sworn officer of the Illinois | ||||
Department of State Police. |
"Abused child"
means a child whose parent or immediate | ||
family
member,
or any person responsible for the child's | ||
welfare, or any individual
residing in the same home as the | ||
child, or a paramour of the child's parent: | ||
(a) inflicts, causes to be inflicted, or allows to be
| ||
inflicted upon
such child physical injury, by other than | ||
accidental means, which causes
death, disfigurement, | ||
impairment of physical or
emotional health, or loss or | ||
impairment of any bodily function; | ||
(b) creates a substantial risk of physical injury to | ||
such
child by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
physical or emotional health, or loss or
impairment of any | ||
bodily function; | ||
(c) commits or allows to be committed any sex offense | ||
against
such child,
as such sex offenses are defined in the | ||
Criminal Code of 1961, as amended, or in the Wrongs to | ||
Children Act,
and extending those definitions of sex | ||
offenses to include children under
18 years of age; | ||
(d) commits or allows to be committed an act or acts of
| ||
torture upon
such child; | ||
(e) inflicts excessive corporal punishment; | ||
(f) commits or allows to be committed
the offense of
| ||
female
genital mutilation, as defined in Section 12-34 of | ||
the Criminal Code of
1961, against the child; | ||
(g) causes to be sold, transferred, distributed, or |
given to
such child
under 18 years of age, a controlled | ||
substance as defined in Section 102 of the
Illinois | ||
Controlled Substances Act in violation of Article IV of the | ||
Illinois
Controlled Substances Act or in violation of the | ||
Methamphetamine Control and Community Protection Act, | ||
except for controlled substances that are prescribed
in | ||
accordance with Article III of the Illinois Controlled | ||
Substances Act and
are dispensed to such child in a manner | ||
that substantially complies with the
prescription; or | ||
(h) commits or allows to be committed the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons for forced labor or | ||
services as defined in Section 10-9 of the Criminal Code of | ||
1961 against the child. | ||
A child shall not be considered abused for the sole reason | ||
that the child
has been relinquished in accordance with the | ||
Abandoned Newborn Infant
Protection Act. | ||
"Neglected child" means any child who is not receiving the | ||
proper or
necessary nourishment or medically indicated | ||
treatment including food or care
not provided solely on the | ||
basis of the present or anticipated mental or
physical | ||
impairment as determined by a physician acting alone or in
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consultation with other physicians or otherwise is not | ||
receiving the proper or
necessary support or medical or other | ||
remedial care recognized under State law
as necessary for a | ||
child's well-being, or other care necessary for his or her
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well-being, including adequate food, clothing and shelter; or | ||
who is abandoned
by his or her parents or other person | ||
responsible for the child's welfare
without a proper plan of | ||
care; or who has been provided with interim crisis intervention | ||
services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||
and whose parent, guardian, or custodian refuses to
permit
the | ||
child to return home and no other living arrangement agreeable
| ||
to the parent, guardian, or custodian can be made, and the | ||
parent, guardian, or custodian has not made any other | ||
appropriate living arrangement for the child; or who is a | ||
newborn infant whose blood, urine,
or meconium
contains any | ||
amount of a controlled substance as defined in subsection (f) | ||
of
Section 102 of the Illinois Controlled Substances Act or a | ||
metabolite thereof,
with the exception of a controlled | ||
substance or metabolite thereof whose
presence in the newborn | ||
infant is the result of medical treatment administered
to the | ||
mother or the newborn infant. A child shall not be considered | ||
neglected
for the sole reason that the child's parent or other | ||
person responsible for his
or her welfare has left the child in | ||
the care of an adult relative for any
period of time. A child | ||
shall not be considered neglected for the sole reason
that the | ||
child has been relinquished in accordance with the Abandoned | ||
Newborn
Infant Protection Act. A child shall not be considered | ||
neglected or abused
for the
sole reason that such child's | ||
parent or other person responsible for his or her
welfare | ||
depends upon spiritual means through prayer alone for the |
treatment or
cure of disease or remedial care as provided under | ||
Section 4 of this Act. A
child shall not be considered | ||
neglected or abused solely because the child is
not attending | ||
school in accordance with the requirements of Article 26 of The
| ||
School Code, as amended. | ||
"Child Protective Service Unit" means certain specialized | ||
State employees of
the Department assigned by the Director to | ||
perform the duties and
responsibilities as provided under | ||
Section 7.2 of this Act. | ||
"Person responsible for the child's welfare" means the | ||
child's parent;
guardian; foster parent; relative caregiver; | ||
any person responsible for the
child's welfare in a public or | ||
private residential agency or institution; any
person | ||
responsible for the child's welfare within a public or private | ||
profit or
not for profit child care facility; or any other | ||
person responsible for the
child's welfare at the time of the | ||
alleged abuse or neglect, including any person that is the | ||
custodian of a child under 18 years of age who commits or | ||
allows to be committed, against the child, the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons for forced labor or services, | ||
as provided in Section 10-9 of the Criminal Code of 1961, or | ||
any person who
came to know the child through an official | ||
capacity or position of trust,
including but not limited to | ||
health care professionals, educational personnel,
recreational | ||
supervisors, members of the clergy, and volunteers or
support |
personnel in any setting
where children may be subject to abuse | ||
or neglect. | ||
"Temporary protective custody" means custody within a | ||
hospital or
other medical facility or a place previously | ||
designated for such custody
by the Department, subject to | ||
review by the Court, including a licensed
foster home, group | ||
home, or other institution; but such place shall not
be a jail | ||
or other place for the detention of criminal or juvenile | ||
offenders. | ||
"An unfounded report" means any report made under this Act | ||
for which
it is determined after an investigation that no | ||
credible evidence of
abuse or neglect exists. | ||
"An indicated report" means a report made under this Act if | ||
an
investigation determines that credible evidence of the | ||
alleged
abuse or neglect exists. | ||
"An undetermined report" means any report made under this | ||
Act in
which it was not possible to initiate or complete an | ||
investigation on
the basis of information provided to the | ||
Department. | ||
"Subject of report" means any child reported to the central | ||
register
of child abuse and neglect established under Section | ||
7.7 of this Act as an alleged victim of child abuse or neglect | ||
and
the parent or guardian of the alleged victim or other | ||
person responsible for the alleged victim's welfare who is | ||
named in the report or added to the report as an alleged | ||
perpetrator of child abuse or neglect. |
"Perpetrator" means a person who, as a result of | ||
investigation, has
been determined by the Department to have | ||
caused child abuse or neglect. | ||
"Member of the clergy" means a clergyman or practitioner of | ||
any religious
denomination accredited by the religious body to | ||
which he or she belongs. | ||
(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.) | ||
Section 10. The Adoption Act is amended by changing | ||
Sections 10 and 18.3a and by adding Section 18.08 as follows:
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(750 ILCS 50/10) (from Ch. 40, par. 1512)
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Sec. 10. Forms of consent and surrender; execution and
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acknowledgment thereof. | ||
A. The form of consent required for the
adoption of a born | ||
child shall be substantially as follows:
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FINAL AND IRREVOCABLE CONSENT TO ADOPTION
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I, ...., (relationship, e.g., mother, father, relative, | ||
guardian)
of ...., a ..male child, state:
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That such child was born on .... at ....
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That I reside at ...., County of .... and State of ....
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That I am of the age of .... years.
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That I hereby enter my appearance in this proceeding and | ||
waive
service of summons on me.
| ||
That I hereby acknowledge that I have been provided with a |
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent and that I have had time to | ||
read, or have had read to me, this Form. I understand that if I | ||
do not receive any of the rights as described in this Form, it | ||
shall not constitute a basis to revoke this Final and | ||
Irrevocable Consent. | ||
That I do hereby consent and agree to the adoption of such | ||
child.
| ||
That I wish to and understand that by signing this consent | ||
I do
irrevocably and permanently give up all custody and other | ||
parental
rights I have to such child.
| ||
That I understand such child will be placed for adoption | ||
and that I
cannot under any circumstances, after signing this | ||
document, change my
mind and revoke or cancel this consent or | ||
obtain or recover custody or
any other rights over such child. | ||
That I have read and understand the
above and I am signing it | ||
as my free and voluntary act.
| ||
Dated (insert date).
| ||
.........................
| ||
If under Section 8 the consent of more than one person is | ||
required,
then each such person shall execute a separate | ||
consent.
| ||
A-1. (1) The form of the Final and Irrevocable Consent to | ||
Adoption by a Specified Person or Persons: Non-DCFS Case set | ||
forth in this subsection A-1 is to be used by legal parents |
only. This form is not to be used in cases in which there is a | ||
pending petition under Section 2-13 of the Juvenile Court Act | ||
of 1987. | ||
(2) The form of the Final and Irrevocable Consent to | ||
Adoption by a Specified Person or Persons in a non-DCFS case | ||
shall have the caption of the proceeding in which it is to be | ||
filed and shall be substantially as follows: | ||
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY | ||
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE | ||
I, ...., (relationship, e.g., mother, father) of ...., a | ||
..male child, state: | ||
1. That such child was born on ...., at ....., City of ... | ||
and State of .... | ||
2. That I reside at ...., County of .... and State of .... | ||
3. That I am of the age of .... years. | ||
4. That I hereby enter my appearance in this proceeding and | ||
waive service of summons on me. | ||
5. That I hereby acknowledge that I have been provided a | ||
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent and that I have had time to | ||
read, or have had read to me, this Form and that I understand | ||
the Rights and Responsibilities described in this Form. I | ||
understand that if I do not receive any of my rights as | ||
described in said Form, it shall not constitute a basis to | ||
revoke this Final and Irrevocable Consent to Adoption by a | ||
Specified Person. |
6. That I do hereby consent and agree to the adoption of | ||
such child by .... (specified persons) only. | ||
7. That I wish to and understand that upon signing this | ||
consent I do irrevocably and permanently give up all custody | ||
and other parental rights I have to such child if such child is | ||
adopted by .... (specified person or persons). I hereby | ||
transfer all of my rights to the custody, care and control of | ||
such child to ............................. (specified person | ||
or persons). | ||
8. That I understand such child will be adopted by | ||
....................... (specified person or persons) and that | ||
I cannot under any circumstances, after signing this document, | ||
change my mind and revoke or cancel this consent or obtain or | ||
recover custody or any other rights over such child if | ||
............................ (specified person or persons) | ||
adopt(s) such child; PROVIDED that each specified person has | ||
filed or shall file, within 60 days from the date hereof, a | ||
petition for the adoption of such child. | ||
9. That if the specified person or persons designated | ||
herein do not file a petition for adoption within the | ||
time-frame specified above, or, if said petition for adoption | ||
is filed within the time-frame specified above but the adoption | ||
petition is dismissed with prejudice or the adoption proceeding | ||
is otherwise concluded without an order declaring the child to | ||
be the adopted child of the specified person or persons, then I | ||
understand that I will receive written notice of such |
circumstances within 10 business days of their occurrence. I | ||
understand that the notice will be directed to me using the | ||
contact information I have provided in this consent. I | ||
understand that I will have 10 business days from the date that | ||
the written notice is sent to me to respond, within which time | ||
I may request the Court to declare this consent voidable and | ||
return the child to me. I further understand that the Court | ||
will make the final decision of whether or not the child will | ||
be returned to me. If I do not make such request within 10 | ||
business days of the date of the notice, then I expressly waive | ||
any other notice or service of process in any legal proceeding | ||
for the adoption of the child. | ||
10. That I expressly acknowledge that nothing in this | ||
Consent
impairs the validity and absolute finality of this
| ||
Consent under any circumstance other than those described in
| ||
paragraph 9 of this Consent. | ||
11. That I understand that I have a remaining duty and
| ||
obligation to keep .............. (insert name and address of | ||
the attorney
for the specified person or persons) informed of | ||
my current
address or other preferred contact information until | ||
this adoption has been finalized. My failure to
do so may | ||
result in the termination of my parental rights and
the child | ||
being placed for adoption in another home. | ||
12. That I do expressly waive any other notice or service | ||
of process in any of the legal proceedings for the adoption of | ||
the child as long as the adoption proceeding by the specified |
person or persons is pending. | ||
13. That I have read and understand the above and I am | ||
signing it as my free and voluntary act. | ||
14. That I acknowledge that this consent is valid even if | ||
the specified person or persons separate or divorce or one of | ||
the specified persons dies prior to the entry of the final | ||
judgment for adoption. | ||
Dated (insert date). | ||
............................................. | ||
Signature of parent. | ||
............................................. | ||
Address of parent. | ||
............................................. | ||
Phone number(s) of parent. | ||
............................................. | ||
Personal email(s) of parent. | ||
............................................. | ||
(3) The form of the certificate of acknowledgement for a | ||
Final and Irrevocable Consent for Adoption by a Specified | ||
Person or Persons: Non-DCFS Case shall be substantially as | ||
follows: | ||
STATE OF ..............)
| ||
) SS.
| ||
COUNTY OF .............) | ||
I, .................... (Name of Judge or other person), |
..................... (official title, name, and address), | ||
certify that ............., personally known to me to be the | ||
same person whose name is subscribed to the foregoing Final and | ||
Irrevocable Consent for Adoption by a Specified Person or | ||
Persons; non-DCFS case, appeared before me this day in person | ||
and acknowledged that (she)(he) signed and delivered the | ||
consent as (her)(his) free and voluntary act, for the specified | ||
purpose. I am further satisfied that, before signing this | ||
Consent, ........ has read, or has had read to him or her, the | ||
Birth Parent Rights and Responsibilities-Private Form. | ||
A-2. Birth Parent Rights and Responsibilities-Private | ||
Form. The Birth Parent Rights and Responsibilities-Private | ||
Form must be read by, or have been read to, any person | ||
executing a Final and Irrevocable Consent to Adoption under | ||
subsection A, a Final and Irrevocable Consent to Adoption by a | ||
Specified Person or Persons: Non-DCFS Case under subsection | ||
A-1, or a Consent to Adoption of Unborn Child under subsection | ||
B prior to the execution of said Consent. The form of the Birth | ||
Parent Rights and Responsibilities-Private Form shall be | ||
substantially as follows: | ||
Birth Parent Rights and Responsibilities-Private Form | ||
As a birth parent in the State of Illinois, you have the | ||
right: | ||
1. To have your own attorney represent you. The prospective | ||
adoptive parents may agree to pay for the cost of your attorney | ||
in a manner consistent with Illinois law, but they are not |
required to do so. | ||
2. To be treated with dignity and respect at all times and | ||
to make decisions free from coercion and pressure. | ||
3. To receive counseling before and after signing a Final | ||
and Irrevocable Consent to Adoption ("Consent"), a Final and | ||
Irrevocable Consent to Adoption by a Specified Person or | ||
Persons: Non-DCFS Case ("Specified Consent"), or a Consent to | ||
Adoption of Unborn Child ("Unborn Consent"). The prospective | ||
adoptive parents may agree to pay for the cost of counseling in | ||
a manner consistent with Illinois law, but they are not | ||
required to do so. | ||
4. To ask to be involved in choosing your child's | ||
prospective adoptive parents and to ask to meet them. | ||
5. To ask your child's prospective adoptive parents any | ||
questions that pertain to your decision to place your child | ||
with them. | ||
6. To see your child before signing a Consent or Specified | ||
Consent. | ||
7. To request contact with your child and/or the child's | ||
prospective adoptive parents, with the understanding that any | ||
promises regarding contact with your child or receipt of | ||
information about the child after signing a Consent, Specified | ||
Consent, or Unborn Consent cannot be enforced under Illinois | ||
law. | ||
8. To receive copies of all documents that you sign and | ||
have those documents provided to you in your preferred |
language. | ||
9. To request that your identifying information remain | ||
confidential, unless required otherwise by Illinois law or | ||
court order, and to register with the Illinois Adoption | ||
Registry and Medical Information Exchange. | ||
10. To work with an adoption agency or attorney of your | ||
choice, or change said agency or attorney, provided you | ||
promptly inform all of the parties currently involved. | ||
11. To receive, upon request, a written list of any | ||
promised support, financial or otherwise, from your attorney or | ||
the attorney for your child's prospective adoptive parents. | ||
12. To delay signing a Consent, Specified Consent, or | ||
Unborn Consent if you are not ready to do so. | ||
13. To decline to sign a Consent, Specified Consent, or | ||
Unborn Consent even if you have received financial support from | ||
the prospective adoptive parents. | ||
If you do not receive any of the rights described in this | ||
Form, it shall not be a basis to revoke a Consent, Specified | ||
Consent, or Unborn Consent. | ||
As a Birth Parent in the State of Illinois, you have the | ||
responsibility: | ||
1. To carefully consider your reasons for choosing | ||
adoption. | ||
2. To voluntarily provide all known medical, background, | ||
and family information about yourself and your immediate family | ||
to your child's prospective adoptive parents or their attorney. |
For the health of your child, you are strongly encouraged, but | ||
not required, to provide all known medical, background, and | ||
family history information about yourself and your family to | ||
your child's prospective adoptive parents or their attorney. | ||
3. (Birth mothers only) To accurately complete an Affidavit | ||
of Identification, which identifies the father of the child | ||
when known, with the understanding that a birth mother has a | ||
right to decline to identify the birth father. | ||
4. To not accept financial support or reimbursement of | ||
pregnancy related expenses simultaneously from more than one | ||
source. | ||
B. The form of consent required for the adoption of an | ||
unborn child
shall be substantially as follows:
| ||
CONSENT TO ADOPTION OF UNBORN CHILD
| ||
I, ...., state:
| ||
That I am the father of a child expected to be born on or | ||
about ....
to .... (name of mother).
| ||
That I reside at .... County of ...., and State of .....
| ||
That I am of the age of .... years.
| ||
That I hereby enter my appearance in such adoption | ||
proceeding and
waive service of summons on me.
| ||
That I hereby acknowledge that I have been provided with a | ||
copy of the Birth Parent Rights and Responsibilities-Private | ||
Form before signing this Consent, and that I have had time to | ||
read, or have had read to me, this Form. I understand that if I | ||
do not receive any of the rights as described in this Form, it |
shall not constitute a basis to revoke this Consent to Adoption | ||
of Unborn Child. | ||
That I do hereby consent and agree to the adoption of such | ||
child, and
that I have not previously executed a consent or | ||
surrender with respect
to such child.
| ||
That I wish to and do understand that by signing this | ||
consent I do
irrevocably and permanently give up all custody | ||
and other parental
rights I have to such child, except that I | ||
have the right to revoke this
consent by giving written notice | ||
of my revocation not later than 72
hours after the birth of the | ||
child.
| ||
That I understand such child will be placed for adoption | ||
and that,
except as hereinabove provided, I cannot under any | ||
circumstances, after
signing this document, change my mind and | ||
revoke or cancel this consent
or obtain or recover custody or | ||
any other rights over such child.
| ||
That I have read and understand the above and I am signing | ||
it as my
free and voluntary act.
| ||
Dated (insert date).
| ||
........................
| ||
B-5. (1) The parent of a child may execute a consent to | ||
standby
adoption by a specified person or persons. A consent | ||
under this subsection B-5
shall be acknowledged by a parent | ||
pursuant to subsection H and subsection K of
this Section.
The | ||
form of consent required for the standby adoption of a born | ||
child
effective at a future date when the consenting
parent of |
the child dies or
requests that a final judgment of adoption be | ||
entered shall be substantially as
follows:
| ||
FINAL AND IRREVOCABLE CONSENT
| ||
TO STANDBY ADOPTION
| ||
I, ..., (relationship, e.g. mother or father)
of ...., a | ||
..male child, state:
| ||
That the child was born on .... at .....
| ||
That I reside at ...., County of ...., and State of .....
| ||
That I am of the age of .... years.
| ||
That I hereby enter my appearance in this proceeding and | ||
waive service of
summons on me in this action only.
| ||
That I do hereby consent and
agree to the standby adoption | ||
of the child, and that I have not previously
executed a consent | ||
or surrender with respect to the child.
| ||
That I wish to and understand that by signing this consent | ||
I do irrevocably
and permanently give up all custody and other | ||
parental rights I have to the
child, effective upon
(my death) | ||
(the child's other parent's death) or upon (my) (the other
| ||
parent's) request for the entry of a final judgment for | ||
adoption if .....
(specified person or persons) adopt my child.
| ||
That I understand that until (I die) (the child's other | ||
parent dies), I
retain all legal rights and obligations | ||
concerning the child, but at that time,
I irrevocably give all | ||
custody and other parental rights to .... (specified
person or | ||
persons).
| ||
I understand my child will be adopted by ....... (specified |
person or
persons) only and that I cannot, under any | ||
circumstances, after signing this
document, change my mind and | ||
revoke or cancel this consent or obtain or recover
custody or | ||
any other rights over my child if ..... (specified person or
| ||
persons) adopt my child.
| ||
I understand that this consent to standby adoption is valid | ||
only if the
petition for standby adoption is filed and that if | ||
....... (specified person or
persons), for any reason, cannot | ||
or will not file a petition for standby
adoption or if his, | ||
her, or their petition for standby adoption is denied, then
| ||
this consent is void. I have the right to notice of any other | ||
proceeding that
could affect my parental rights.
| ||
That I have read and understand the above and I am signing | ||
it as my free and
voluntary act.
| ||
Dated (insert date).
| ||
....................
| ||
If under Section 8 the consent of more than one person is | ||
required, then each
such
person shall execute a separate | ||
consent. A separate consent shall be executed
for each
child.
| ||
(2) If the parent consents to a standby adoption by 2 | ||
specified persons,
then the form shall contain 2 additional | ||
paragraphs in substantially the
following form:
| ||
If .... (specified persons) obtain a judgment of
| ||
dissolution of
marriage before the judgment for adoption is | ||
entered, then .....
(specified person) shall adopt my child. I |
understand that I cannot change my
mind and revoke this consent | ||
or obtain or recover custody of my child if .....
(specified | ||
persons) obtain a judgment of dissolution of marriage and .....
| ||
(specified person) adopts my child. I understand that I cannot | ||
change my
mind and revoke this consent if ...... (specified | ||
persons) obtain a
judgment of dissolution of marriage before | ||
the adoption is final. I
understand that this consent to | ||
adoption has no effect on who will get custody
of my child if | ||
..... (specified persons) obtain a judgment of dissolution
of | ||
marriage after the adoption is final. I understand that if | ||
either .....
(specified persons) dies before the petition to | ||
adopt my child is granted, then
the surviving person may adopt | ||
my child. I understand that I cannot change my
mind and revoke | ||
this consent or obtain or recover custody of my child if the
| ||
surviving person adopts my child.
| ||
A consent to standby adoption by specified persons on this | ||
form shall have no
effect on a court's determination of custody | ||
or visitation under the Illinois
Marriage and Dissolution
of | ||
Marriage Act if the marriage of the specified persons is | ||
dissolved before
the adoption is final.
| ||
(3) The form of the certificate of acknowledgement for a | ||
Final and
Irrevocable Consent for Standby Adoption shall be | ||
substantially as follows:
| ||
STATE OF .....)
| ||
) SS.
|
COUNTY OF ....)
| ||
I, ....... (name of Judge or other person) ..... (official | ||
title,
name, and address), certify that ......., personally | ||
known to me to be
the same person whose name is subscribed to | ||
the foregoing Final and Irrevocable
Consent to Standby | ||
Adoption, appeared before me this day in person and
| ||
acknowledged that (she) (he) signed and
delivered the consent | ||
as (her) (his) free and voluntary act, for the specified
| ||
purpose.
| ||
I have fully explained that this consent to adoption is | ||
valid only if the
petition to adopt is filed, and that if the | ||
specified person or persons, for
any reason, cannot or will not | ||
adopt the child or if the adoption petition is
denied, then | ||
this consent will be void. I have fully explained that if the
| ||
specified person or persons adopt the child, by signing this | ||
consent (she) (he)
is irrevocably and permanently | ||
relinquishing all parental rights to the child,
and (she) (he) | ||
has stated that such is (her) (his) intention and desire.
| ||
Dated (insert date).
| ||
Signature ..............................
| ||
(4) If a consent to standby adoption is executed in this | ||
form,
the consent shall be valid only if the specified
person | ||
or persons adopt the child. The consent shall be void if:
| ||
(a) the specified person or persons do not file a petition | ||
for standby
adoption of the child; or
|
(b) a court denies the standby adoption petition.
| ||
The parent shall not need to take further action to revoke | ||
the consent if the
standby adoption by the specified person or | ||
persons does not occur,
notwithstanding the provisions of | ||
Section 11 of this Act.
| ||
C. The form of surrender to any agency given by a parent of | ||
a born
child who is to be subsequently placed for adoption | ||
shall be
substantially as follows and shall contain such other | ||
facts and
statements as the particular agency shall require.
| ||
FINAL AND IRREVOCABLE SURRENDER
| ||
FOR PURPOSES OF ADOPTION
| ||
I, .... (relationship, e.g., mother, father, relative, | ||
guardian) of
...., a ..male child, state:
| ||
That such child was born on ...., at .....
| ||
That I reside at ...., County of ...., and State of .....
| ||
That I am of the age of .... years.
| ||
That I do hereby surrender and entrust the entire custody | ||
and control
of such child to the .... (the "Agency"), a | ||
(public) (licensed) child
welfare agency with its principal | ||
office in the City of ...., County of
.... and State of ...., | ||
for the purpose of enabling it to care for and
supervise the | ||
care of such child, to place such child for adoption and
to | ||
consent to the legal adoption of such child.
| ||
That I hereby grant to the Agency full power and authority | ||
to place
such child with any person or persons it may in its | ||
sole discretion
select to become the adopting parent or parents |
and to consent to the
legal adoption of such child by such | ||
person or persons; and to take any
and all measures which, in | ||
the judgment of the Agency, may be for the
best interests of | ||
such child, including authorizing medical, surgical
and dental | ||
care and treatment including inoculation and anaesthesia for
| ||
such child.
| ||
That I wish to and understand that by signing this | ||
surrender I do
irrevocably and permanently give up all custody | ||
and other parental
rights I have to such child.
| ||
That I understand I cannot under any circumstances, after | ||
signing
this surrender, change my mind and revoke or cancel | ||
this surrender or
obtain or recover custody or any other rights | ||
over such child.
| ||
That I have read and understand the above and I am signing | ||
it as my
free and voluntary act.
| ||
Dated (insert date).
| ||
........................
| ||
C-5. The form of a Final and Irrevocable Designated | ||
Surrender for Purposes of Adoption to any agency given by a | ||
parent of a born child who is to be subsequently placed for | ||
adoption is to be used by legal parents only. The form shall be | ||
substantially as follows and shall contain such other facts and | ||
statements as the particular agency shall require: | ||
FINAL AND IRREVOCABLE DESIGNATED SURRENDER | ||
FOR PURPOSES OF ADOPTION | ||
I, .... (relationship, e.g., mother, father, relative, |
guardian) of ...., a ..male child, state: | ||
1. That such child was born on ...., at ..... | ||
2. That I reside at ...., County of ...., and State of | ||
..... | ||
3. That I am of the age of .... years. | ||
4. That I do hereby surrender and entrust the entire | ||
custody and control of such child to the .... (the "Agency"), a | ||
(public) (licensed) child welfare agency with its principal | ||
office in the City of ...., County of .... and State of ...., | ||
for the purpose of enabling it to care for and supervise the | ||
care of such child, to place such child for adoption with | ||
............................. (specified person or persons) | ||
and to consent to the legal adoption of such child and to take | ||
any and all measures which, in the judgment of the Agency, may | ||
be for the best interests of such child, including authorizing | ||
medical, surgical and dental care and treatment including | ||
inoculation and anesthesia for such child. | ||
5. That I wish to and understand that by signing this | ||
surrender I do irrevocably and permanently give up all custody | ||
and other parental rights I have to such child. | ||
6. That if the petition for adoption is not filed by the
| ||
specified person or persons designated herein or, if the
| ||
petition for adoption is filed but the adoption petition is
| ||
dismissed with prejudice or the adoption proceeding is
| ||
otherwise concluded without an order declaring the child to be
| ||
the adopted child of each specified person, then I understand |
that the Agency will provide notice to me within 10 business | ||
days and that such notice will be directed to me using the | ||
contact information I have provided to the Agency. I understand | ||
that I will have 10 business days from the date that the Agency | ||
sends me its notice to respond, within which time I may choose | ||
to designate other adoptive parent(s). However, I acknowledge | ||
that
the Agency has full power and authority to place the child | ||
for adoption with
any person or persons it may in its sole | ||
discretion select to
become the adopting parent or parents and | ||
to consent to the
legal adoption of the child by such person or | ||
persons. | ||
7. That I acknowledge that this surrender is valid even if | ||
the specified persons separate or divorce or one of the | ||
specified persons dies prior to the entry of the final judgment | ||
for adoption. | ||
8. That I expressly acknowledge that the above paragraphs 6 | ||
and 7 do not impair the validity and absolute finality of this | ||
surrender under any circumstance. | ||
9. That I understand that I have a remaining obligation to | ||
keep the Agency informed of my current contact information | ||
until the adoption of the child has been finalized if I wish to | ||
be notified in the event the adoption by the specified | ||
person(s) cannot proceed. | ||
10. That I understand I cannot under any circumstances, | ||
after signing this surrender, change my mind and revoke or | ||
cancel this surrender or obtain or recover custody or any other |
rights over such child. | ||
11. That I have read and understand the above and I am | ||
signing it as my free and voluntary act. | ||
Dated (insert date). | ||
.............................. | ||
D. The form of surrender to an agency given by a parent of | ||
an unborn
child who is to be subsequently placed for adoption | ||
shall be
substantially as follows and shall contain such other | ||
facts and
statements as the particular agency shall require.
| ||
SURRENDER OF UNBORN CHILD FOR
| ||
PURPOSES OF ADOPTION
| ||
I, .... (father), state:
| ||
That I am the father of a child expected to be born on or | ||
about ....
to .... (name of mother).
| ||
That I reside at ...., County of ...., and State of .....
| ||
That I am of the age of .... years.
| ||
That I do hereby surrender and entrust the entire custody | ||
and control
of such child to the .... (the "Agency"), a | ||
(public) (licensed) child
welfare agency with its principal | ||
office in the City of ...., County of
.... and State of ...., | ||
for the purpose of enabling it to care for and
supervise the | ||
care of such child, to place such child for adoption and
to | ||
consent to the legal adoption of such child, and that I have | ||
not
previously executed a consent or surrender with respect to | ||
such child.
| ||
That I hereby grant to the Agency full power and authority |
to place
such child with any person or persons it may in its | ||
sole discretion
select to become the adopting parent or parents | ||
and to consent to the
legal adoption of such child by such | ||
person or persons; and to take any
and all measures which, in | ||
the judgment of the Agency, may be for the
best interests of | ||
such child, including authorizing medical, surgical
and dental | ||
care and treatment, including inoculation and anaesthesia for
| ||
such child.
| ||
That I wish to and understand that by signing this | ||
surrender I do
irrevocably and permanently give up all custody | ||
and other parental
rights I have to such child.
| ||
That I understand I cannot under any circumstances, after | ||
signing
this surrender, change my mind and revoke or cancel | ||
this surrender or
obtain or recover custody or any other rights | ||
over such child, except
that I have the right to revoke this | ||
surrender by giving written notice
of my revocation not later | ||
than 72 hours after the birth of such child.
| ||
That I have read and understand the above and I am signing | ||
it as my
free and voluntary act.
| ||
Dated (insert date).
| ||
........................
| ||
E. The form of consent required from the parents for the | ||
adoption of
an adult, when such adult elects to obtain such | ||
consent, shall be
substantially as follows:
| ||
CONSENT
| ||
I, ...., (father) (mother) of ...., an adult, state:
|
That I reside at ...., County of .... and State of .....
| ||
That I do hereby consent and agree to the adoption of such | ||
adult by
.... and .....
| ||
Dated (insert date).
| ||
.........................
| ||
F. The form of consent required for the adoption of a child | ||
of the
age of 14 years or upwards, or of an adult, to be given | ||
by such person,
shall be substantially as follows:
| ||
CONSENT
| ||
I, ...., state:
| ||
That I reside at ...., County of .... and State of ..... | ||
That I am
of the age of .... years. That I consent and agree to | ||
my adoption by
.... and .....
| ||
Dated (insert date).
| ||
........................
| ||
G. The form of consent given by an agency to the adoption | ||
by
specified persons of a child previously surrendered to it | ||
shall set
forth that the agency has the authority to execute | ||
such consent. The
form of consent given by a guardian of the | ||
person of a child sought to
be adopted, appointed by a court of | ||
competent jurisdiction, shall set
forth the facts of such | ||
appointment and the authority of the guardian to
execute such | ||
consent.
| ||
H. A consent (other than that given by an agency, or | ||
guardian of the
person of the child sought to be adopted who | ||
was appointed by a court of
competent jurisdiction) shall be |
acknowledged by a parent before a judge of a court of competent | ||
jurisdiction or, except as otherwise provided in
this Act, | ||
before a representative of an agency, or before a person, other | ||
than the attorney for the prospective adoptive parent or | ||
parents, designated by a court of competent
jurisdiction.
| ||
I. A surrender, or any other document equivalent to a | ||
surrender, by
which a child is surrendered to an agency shall | ||
be acknowledged by the
person signing such surrender, or other | ||
document, before a judge of a court of competent jurisdiction, | ||
or, except as otherwise provided in this Act, before a | ||
representative of an agency, or before a person designated by a | ||
court
of competent jurisdiction.
| ||
J. The form of the certificate of acknowledgment for a | ||
consent, a
surrender, or any other document equivalent to a | ||
surrender, shall be
substantially as follows:
| ||
STATE OF ....)
| ||
) SS.
| ||
COUNTY OF ...)
| ||
I, .... (Name of judge or other person), .... (official | ||
title, name and
location of court or status or position of | ||
other person),
certify that ...., personally known to me to be | ||
the same person whose
name is subscribed to the foregoing | ||
(consent) (surrender), appeared
before me this day in person | ||
and acknowledged that (she) (he) signed and
delivered such | ||
(consent) (surrender) as (her) (his) free and voluntary
act, | ||
for the specified purpose.
|
I have fully explained that by signing such (consent) | ||
(surrender)
(she) (he) is irrevocably relinquishing all | ||
parental rights to such
child or adult and (she) (he) has | ||
stated that such is (her) (his)
intention and desire. (Add if | ||
Consent only) I am further satisfied that, before signing this | ||
Consent, ........ has read, or has had read to him or her, the | ||
Birth Parent Rights and Responsibilities-Private Form.
| ||
Dated (insert date).
| ||
Signature ...............
| ||
K. When the execution of a consent or a surrender is | ||
acknowledged
before someone other than a judge,
such other | ||
person shall have his or her signature on the certificate
| ||
acknowledged before a notary public, in form substantially as | ||
follows:
| ||
STATE OF ....)
| ||
) SS.
| ||
COUNTY OF ...)
| ||
I, a Notary Public, in and for the County of ......, in the | ||
State of
......, certify that ...., personally known to me to | ||
be the
same person whose name is subscribed to the foregoing | ||
certificate of
acknowledgment, appeared before me in person and | ||
acknowledged that (she)
(he) signed such certificate as (her) | ||
(his) free and voluntary act and
that the statements made in | ||
the certificate are true.
| ||
Dated (insert date).
| ||
Signature ...................... Notary Public
|
(official seal)
| ||
There shall be attached a certificate of magistracy, or | ||
other
comparable proof of office of the notary public | ||
satisfactory to the
court, to a consent signed and acknowledged | ||
in another state.
| ||
L. A surrender or consent executed and acknowledged outside | ||
of this
State, either in accordance with the law of this State | ||
or in accordance
with the law of the place where executed, is | ||
valid.
| ||
M. Where a consent or a surrender is signed in a foreign | ||
country,
the execution of such consent shall be acknowledged or | ||
affirmed in a
manner conformable to the law and procedure of | ||
such country.
| ||
N. If the person signing a consent or surrender is in the | ||
military
service of the United States, the execution of such | ||
consent or surrender
may be acknowledged before a commissioned | ||
officer and the signature of
such officer on such certificate | ||
shall be verified or acknowledged
before a notary public or by | ||
such other procedure as is then in effect
for such division or | ||
branch of the armed forces.
| ||
O. (1) The parent or parents of a child in whose interests | ||
a petition
under Section 2-13 of the Juvenile Court Act of 1987 | ||
is pending may, with the
approval of the designated | ||
representative of the Department of Children and
Family | ||
Services ("Department" or "DCFS") , execute a consent to |
adoption by a specified person or
persons:
| ||
(a) in whose physical custody the child has resided for | ||
at least 6
months;
or
| ||
(b) in whose physical custody at least one sibling of | ||
the child who is the
subject of this consent has resided | ||
for at least 6 months, and
the child who is
the subject of | ||
this consent is currently residing in this foster home; or
| ||
(c) in whose physical custody a child under one year of | ||
age has resided
for at least 3 months.
| ||
The court may waive the time frames in subdivisions (a), (b), | ||
and (c) for good cause shown if the court finds it to be in the | ||
child's best interests. | ||
A consent under this subsection O shall be acknowledged by a | ||
parent pursuant to
subsection H and subsection K of this | ||
Section.
| ||
(2) The final and irrevocable consent to adoption by a | ||
specified person or persons in a Department of Children and | ||
Family Services (DCFS) case consent to adoption by a specified | ||
person or persons shall have the
caption of the proceeding in | ||
which it is to be filed and shall be substantially
as follows:
| ||
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| ||
A SPECIFIED PERSON OR PERSONS: DCFS CASE
| ||
I, ......................................, the | ||
.................. (mother or
father) of a ....male child, | ||
state:
| ||
1. My child ............................ (name of |
child) was born on
(insert date) at .................... | ||
Hospital in the municipality of ........., in
| ||
................ County, State of ...............
| ||
2. I reside at ......................, County of | ||
............. and
State of .............. | ||
Mail may also be sent to me at this address | ||
............................, in care of ................. | ||
My home telephone number is .......................... | ||
My cell telephone number is .......................... | ||
My e-mail address is .................................
| ||
3. I, ..........................., am .... years old.
| ||
4. I enter my appearance in this action for my child to | ||
be adopted to adopt my child by the
person or persons | ||
specified herein by me and waive service of
summons on me | ||
in this action only.
| ||
5. I hereby acknowledge that I have been provided a | ||
copy of the Birth Parent Rights and Responsibilities for | ||
DCFS Cases before signing this Consent and that I have had | ||
time to read this form or have it read to me and that I | ||
understand the rights and responsibilities described in | ||
this form. I understand that if I do not receive any of my | ||
rights as described in the form, it shall not constitute a | ||
basis to revoke this Final and Irrevocable Consent to | ||
Adoption by a Specified Person or Persons. | ||
6. I do hereby consent and agree to the adoption of | ||
such child by .......... (specified person or persons) |
only. | ||
7. I wish to sign this consent and I understand that by | ||
signing this consent I irrevocably and permanently give up | ||
all my parental rights I have to my child. | ||
8. I understand that this consent allows my child to be | ||
adopted by .......... only and that I cannot under any | ||
circumstances after signing this document change my mind | ||
and revoke or cancel this consent. | ||
9. I understand that this consent will be void if: | ||
(a) the Department places my child with someone | ||
other than the specified person or persons; or | ||
(b) a court denies the adoption petition for the | ||
specified person or persons to adopt my child; or | ||
(c) the DCFS Guardianship Administrator refuses to | ||
consent to my child's adoption by the specified person | ||
or persons on the basis that the adoption is not in my | ||
child's best interests. | ||
I understand that if this consent is void I have | ||
parental rights to my child, subject to any applicable | ||
court orders including those entered under Article II of | ||
the Juvenile Court Act of 1987, unless and until I sign a | ||
new consent or surrender or my parental rights are | ||
involuntarily terminated. I understand that if this | ||
consent is void, my child may be adopted by someone other | ||
than the specified person or persons only if I sign a new | ||
consent or surrender, or my parental rights are |
involuntarily terminated. I understand that if this | ||
consent is void, the Department will notify me within 30 | ||
days using the addresses and telephone numbers I provided | ||
in paragraph 2 of this form. I understand that if I receive | ||
such a notice, it is very important that I contact the | ||
Department immediately, and preferably within 30 days, to | ||
have input into the plan for my child's future. | ||
10. I understand that if a petition for adoption of my | ||
child is filed by someone other than the specified person | ||
or persons, the Department will notify me within 14 days | ||
after the Department becomes aware of the petition. The | ||
fact that someone other than the specified person or | ||
persons files a petition to adopt my child does not make | ||
this consent void. | ||
11. If a person other than the specified person or | ||
persons files a petition to adopt my child or if the | ||
consent is void under paragraph 9, the Department will send | ||
written notice to me using the mailing address and email | ||
address provided by me in paragraph 2 of this form. The | ||
Department will also contact me using the telephone numbers | ||
I provided in paragraph 2 of this form. It is very | ||
important that I let the Department know if any of my | ||
contact information changes. If I do not let the Department | ||
know if any of my contact information changes, I understand | ||
that I may not receive notification from the Department if | ||
this consent is void or if someone other than the specified |
person or persons files a petition to adopt my child. If | ||
any of my contact information changes, I should immediately | ||
notify: | ||
Caseworker's name and telephone number: | ||
............................................................; | ||
Agency name, address, zip code, and telephone number: | ||
............................................................; | ||
Supervisor's name and telephone number: | ||
............................................................; | ||
DCFS Advocacy Office for Children and Families: | ||
800-232-3798. | ||
12. I expressly acknowledge that paragraph 9 (and | ||
paragraphs 8a and 8b, if applicable) do not impair the | ||
validity and finality of this consent under any | ||
circumstances.
| ||
I consent to the adoption of my child by
| ||
.............................
(specified person or | ||
persons) only.
| ||
I wish to sign this consent and I understand that by | ||
signing this
consent I irrevocably and permanently give up | ||
all parental rights I have to my
child if my child is | ||
adopted by ............................. (specified person
| ||
or persons).
| ||
I understand my child will be adopted by | ||
.............................
(specified person or | ||
persons) only and that I cannot under any circumstances,
|
after signing this document, change my mind and revoke or | ||
cancel this consent
or obtain or recover custody or any | ||
other rights over my child if
............................ | ||
(specified person or persons) adopt my child.
| ||
I understand that this consent to adoption is valid | ||
only if the
petition to adopt is filed within one year from | ||
the date that I sign it and
that if ....................... | ||
(specified person or persons), for any reason,
cannot or | ||
will not file a petition to adopt my child within that one | ||
year
period or if their adoption petition is denied, then | ||
this consent will be
voidable after one year upon the | ||
timely filing of my motion. If I file this
motion before | ||
the filing of the petition for adoption, I understand that | ||
the
court shall revoke this specific consent.
I have the | ||
right to notice of any other proceeding that could affect | ||
my
parental rights, except for the proceeding for | ||
............. (specified person
or persons) to adopt my | ||
child.
| ||
13. I have read and understand the above and I am | ||
signing it as my free
and voluntary act.
| ||
Dated (insert date).
| ||
.............................................
| ||
Signature of parent
| ||
(3) If the parent consents to an adoption by 2 specified | ||
persons, then the
form shall contain 2 additional paragraphs in | ||
substantially the following form:
|
8a. If ............... (specified persons) get a | ||
divorce
or are granted a dissolution of a civil union | ||
before the petition to adopt my child is granted, this | ||
consent is valid for ........... (specified person) to | ||
adopt my child. I understand that I cannot change my mind | ||
or revoke this consent or recover custody of my child on | ||
the basis that the specified persons divorce or are granted | ||
a dissolution of a civil union. then ..........
(specified | ||
person) shall adopt my child. I understand that I
cannot | ||
change my mind and revoke this consent or obtain or
recover | ||
custody over my child if ............. (specified persons)
| ||
divorce and ............. (specified person) adopts my
| ||
child. I understand that I cannot change my mind and revoke
| ||
this consent or obtain or recover custody over my child if
| ||
................. (specified persons) divorce after the
| ||
adoption is final. I understand that this consent to | ||
adoption
has no effect on who will get custody of my child | ||
if they
divorce after the adoption is final.
| ||
8b. I understand that if either ...............
| ||
(specified persons) dies before the petition to adopt
my | ||
child is granted, this consent remains valid for the | ||
surviving person to adopt my child. I understand that I | ||
cannot change my mind or revoke this consent or recover | ||
custody of my child on the basis that one of the specified | ||
persons dies. then the surviving person can adopt my child. | ||
I
understand that I cannot change my mind and revoke this |
consent
or obtain or recover custody over my child if the | ||
surviving
person adopts my child.
| ||
A consent to adoption by specified persons on this form | ||
shall
have no effect on a court's determination of custody or | ||
visitation
under the Illinois Marriage and Dissolution of | ||
Marriage Act if the
marriage of the
specified persons is | ||
dissolved after the adoption is final.
| ||
(4) The form of the certificate of acknowledgement for a | ||
Final and
Irrevocable Consent for Adoption by a Specified | ||
Person or Persons: DCFS Case shall be
substantially as follows:
| ||
STATE OF ..............)
| ||
) SS.
| ||
COUNTY OF .............)
| ||
I, .................... (Name of Judge or other person),
| ||
..................... (official title, name, and address),
| ||
certify that ............., personally known to me to be the | ||
same person whose
name is subscribed to the foregoing Final and | ||
Irrevocable Consent for Adoption
by a Specified Person or | ||
Persons : DCFS Case , appeared before me this day
in person and | ||
acknowledged that (she)(he) signed and delivered the consent as
| ||
(her)(his) free and voluntary act, for the specified purpose.
| ||
I have fully explained that this consent to adoption is | ||
valid only if the
petition to adopt is filed within one year | ||
from the date that it is signed, and
that if the specified |
person or persons, for any reason, cannot or will not
adopt the | ||
child or if the adoption petition is denied, then this consent | ||
will
be voidable after one year upon the timely filing of a | ||
motion by the parent
to revoke the consent. I explained that if | ||
this motion is filed before the
filing of the petition for | ||
adoption, the court shall revoke this specific
consent. I have | ||
fully explained that if the specified person or
persons adopt
| ||
the child, by signing this consent this parent is irrevocably
| ||
and permanently
relinquishing all parental rights to the child | ||
so that the child may be adopted by a specified person or | ||
persons , and this parent has stated that
such is (her)(his) | ||
intention and desire. I have fully explained that this consent | ||
is void only if:
| ||
(a) the placement is disrupted and the child is moved | ||
to a different placement; or | ||
(b) a court denies the petition for adoption; or | ||
(c) the Department of Children and Family Services | ||
Guardianship Administrator refuses to consent to the | ||
child's adoption by a specified person or persons on the | ||
basis that the adoption is not in the child's best | ||
interests. | ||
Dated (insert date).
| ||
...............................
| ||
Signature
| ||
(5) If a consent to adoption by a specified person or | ||
persons is executed in
this form, the following provisions |
shall apply. The consent shall be valid
only for the if that | ||
specified person or persons to adopt the child. The consent | ||
shall be void
voidable after one year if:
| ||
(a) the placement disrupts and the child is moved to | ||
another placement the specified person or persons do not | ||
file a petition to adopt the
child within one year after | ||
the consent is signed and the parent files a
timely motion | ||
to revoke this consent. If this motion is filed before the
| ||
filing of the petition for adoption the court shall revoke | ||
this consent ; or
| ||
(b) a court denies the petition for adoption a court | ||
denies the adoption petition ; or
| ||
(c) the Department of Children and Family Services | ||
Guardianship
Administrator refuses to consent to the | ||
child's adoption by the specified person or persons on the | ||
basis that the adoption is not in the child's best | ||
interests determines that the specified person or persons | ||
will not or
cannot complete the adoption, or in the best | ||
interests of the child should not
adopt the child .
| ||
If the consent is void under this Section, the parent shall | ||
not need to take further action to revoke the consent. No | ||
proceeding for termination of parental rights shall be brought | ||
unless the parent who executed the consent to adoption by a | ||
specified person or persons has been notified of the | ||
proceedings pursuant to Section 7 of this Act or subsection (4) | ||
of Section 2-13 of the Juvenile Court Act of 1987. Within 30 |
days of the consent becoming void, the Department of Children | ||
and
Family Services Guardianship Administrator shall make good | ||
faith attempts to
notify the parent in writing and shall give | ||
written notice to the court and all
additional parties in | ||
writing that the adoption has not occurred or will not
occur | ||
and that the consent is void. If the adoption by a specified | ||
person or
persons does not occur, no proceeding for termination | ||
of parental rights shall
be brought unless the biological | ||
parent who executed the consent to adoption by
a specified | ||
person or persons has been notified of the proceeding pursuant | ||
to
Section 7 of this Act or subsection (4) of Section 2-13 of | ||
the Juvenile Court
Act of 1987. The parent shall not need to | ||
take further action to revoke the
consent if the specified | ||
adoption does not occur, notwithstanding the
provisions of | ||
Section 11 of this Act.
| ||
(6) The Department of Children and Family Services is | ||
authorized
to promulgate rules necessary to implement this | ||
subsection O.
| ||
(7) (Blank). The Department shall collect and maintain data | ||
concerning the efficacy
of specific consents. This data shall | ||
include the number of specific consents
executed and their | ||
outcomes, including but not limited to the number of
children | ||
adopted pursuant to the consents, the number of children for | ||
whom
adoptions are not completed, and the reason or reasons why | ||
the adoptions are
not completed.
| ||
(8) The Department of Children and Family Services shall |
promulgate a rule and procedures regarding Consents to Adoption | ||
by a Specified Person or Persons in DCFS cases. The rule and | ||
procedures shall provide for the development of the Birth | ||
Parent Rights and Responsibilities Form for DCFS
Cases. | ||
(9) A consent to adoption by specified persons on this
| ||
consent form shall have no effect on a court's determination of
| ||
custody or visitation under the Illinois Marriage and
| ||
Dissolution of Marriage Act or the Illinois Religious Freedom
| ||
Protection and Civil Union Act if the marriage or civil union | ||
of the
specified persons is dissolved after the adoption is | ||
final. | ||
P. If the person signing a consent is incarcerated or | ||
detained in a correctional facility, prison, jail, detention | ||
center, or other comparable institution, either in this State | ||
or any other jurisdiction, the execution of such consent may be | ||
acknowledged before social service personnel of such | ||
institution, or before a person designated by a court of | ||
competent jurisdiction. | ||
Q. A consent may be acknowledged telephonically, via | ||
audiovisual connection, or other electronic means, provided | ||
that a court of competent jurisdiction has entered an order | ||
approving the execution of the consent in such manner and has | ||
designated an individual to be physically present with the | ||
parent executing such consent in order to verify the identity | ||
of the parent. | ||
R. An agency whose representative is acknowledging a |
consent pursuant to this Section shall be a public child | ||
welfare agency, or a child welfare agency, or a child placing | ||
agency that is authorized or licensed in the State or | ||
jurisdiction in which the consent is signed. | ||
S. The form of waiver by a putative or legal father of a | ||
born or unborn child shall be substantially as follows: | ||
FINAL AND IRREVOCABLE | ||
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER | ||
I, .................... , state under oath or affirm as | ||
follows: | ||
1. That the biological mother ............... has | ||
named me as a possible biological or
legal father of her | ||
minor child who was born, or is expected to be born on
| ||
..........., ......, in the City/Town of........., State | ||
of ........... | ||
2. That I understand that the biological mother | ||
............. intends to or has placed the child
for | ||
adoption. | ||
3. That I reside at ................, in the City/Town | ||
of...........,
State of ................ | ||
4. That I am ................ years of age and my date | ||
of birth is ..............., ............. | ||
5. That I (select one): | ||
..... am married to the biological mother. |
..... am not married to the biological mother and | ||
have not been married to the biological
mother within | ||
300 days before the child's birth or expected date of | ||
child's birth. | ||
..... am not currently married to the biological | ||
mother, but was married to the biological
mother, | ||
within 300 days before the child's birth or expected | ||
date of child's birth. | ||
6. That I (select one): | ||
..... neither admit nor deny that I am the | ||
biological father of the child. | ||
..... deny that I am the biological father of the | ||
child. | ||
7. That I hereby agree to the termination of my | ||
parental rights, if any, without further notice to me
of | ||
any proceeding for the adoption of the minor child, even if | ||
I have taken any action to establish
parental rights or | ||
take any such action in the future including registering | ||
with any putative father
registry. | ||
8. That I understand that by signing this Waiver I do | ||
irrevocably and permanently give up all
custody and other | ||
parental rights I may have to such child. | ||
9. That I understand that this Waiver is FINAL AND | ||
IRREVOCABLE and that I am permanently
barred from | ||
contesting any proceeding for the adoption of the child | ||
after I sign this Waiver. |
10. That I waive any further service of summons or | ||
other pleadings in any proceeding to terminate
parental | ||
rights, if any to this child, or any proceeding for | ||
adoption of this child. | ||
11. That I understand that if a final judgment or order | ||
of adoption for this child is not entered, then
any | ||
parental rights or responsibilities that I may have remain | ||
intact. | ||
12. That I have read and understand the above and that | ||
I am signing it as my free and voluntary act. | ||
Dated: ................... , .............. | ||
........................................... | ||
Signature | ||
OATH | ||
I have been duly sworn and I state under oath that I have read | ||
and understood this Final and Irrevocable
Waiver of Parental | ||
Rights of Putative or Legal Father. The facts contained in it | ||
are true and correct to the
best of my knowledge. I have signed | ||
this document as my free and voluntary act in order to | ||
facilitate the
adoption of the child. | ||
.............................. | ||
Signature |
Signed and Sworn before me on | ||
this ............ day | ||
of ..........., 20.... | ||
................... | ||
Notary Public | ||
(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11; | ||
97-493, eff. 8-22-11.)
| ||
(750 ILCS 50/18.08 new) | ||
Sec. 18.08. Adoption Advisory Council. | ||
(a) There shall be established under the Department of | ||
Public Health and the Department of Children and Family | ||
Services the Adoption Advisory Council. The Council shall | ||
include: | ||
(1) the Director of the Department of Public Health, or | ||
his or her designee, who shall serve as the co-chairperson | ||
of the Council; | ||
(2) the Director of the Department of Children and | ||
Family Services, or his or her designee, who shall serve as | ||
the co-chairperson of the Council; | ||
(3) an attorney representing the Attorney General's | ||
Office appointed by the Attorney General; | ||
(4) a currently certified confidential intermediary | ||
appointed by the Director of the Department of Children and | ||
Family Services; |
(5) one representative from each of the following | ||
organizations appointed by the Director of the Department | ||
of Public Health: Adoption Advocates of America, Adoptive | ||
Families Today, Catholic Conference of Illinois, Chicago | ||
Area Families for Adoption, Chicago Bar Association, Child | ||
Care Association of Illinois, Children Remembered, Inc., | ||
Children's Home and Aid Society of Illinois, Child Welfare | ||
Advisory Council, The Cradle, Healing Hearts, Illinois | ||
Foster Parents Association, Illinois State Bar | ||
Association, Illinois State Medical Society, Jewish | ||
Children's Bureau, LDS Social Services, Lutheran Social | ||
Services of Illinois, Maryville Academy, Midwest Adoption | ||
Center, St. Mary's Services, Stars of David, and | ||
Truthseekers in Adoption; | ||
(6) 5 additional members appointed by the Director of | ||
the Department of Children and Family Services who shall, | ||
when making those appointments, consider advocates for | ||
adopted persons, adoptive parents, or birth parents, | ||
lawyers who represent clients in private adoptions, | ||
lawyers specializing in privacy law, and representatives | ||
of agencies involved in adoptions; | ||
(7) an attorney from the Department of Children and | ||
Family Services, who shall serve as an ex-officio, | ||
non-voting advisor to the Council; and | ||
(8) the person directly responsible for administering | ||
the confidential intermediary program, who shall serve as |
an ex-officio, non-voting advisor to the Council. | ||
(b) If any one of the named organizations in item (5) of | ||
subsection (a) notifies the Director of the Department of | ||
Public Health or the Director of the Department of Children and | ||
Family Services in writing that the organization does not wish | ||
to participate on the Adoption Advisory Council or that the | ||
organization is no longer functioning, the Directors may | ||
designate another organization that represents the same | ||
constituency as the named organization to replace the named | ||
organization on the Council. | ||
(c) Council members shall receive no compensation for their | ||
service. The Council shall meet no less often than once every 6 | ||
months and shall meet as the Director of the Department of | ||
Public Health or the Director of the Department of Children and | ||
Family Services deems necessary. The Council shall have only an | ||
advisory role to the Directors and may make recommendations to | ||
the pertinent Department regarding the development of rules, | ||
procedures, and forms that will promote the efficient and | ||
effective operation of (i) the Illinois Adoption Registry, (ii) | ||
the Office of Vital Records as it pertains to the Registry and | ||
to access to the non-certified copy of the original birth | ||
certificate, and (iii) the Confidential Intermediary Program | ||
in Illinois. The Council will also serve in an advisory | ||
capacity regarding the effective delivery of adult | ||
post-adoption services in Illinois, including: | ||
(1) advising the Department of Public Health on the |
development of rules, procedures, and forms utilized by the | ||
Illinois Adoption Registry and Medical Information | ||
Exchange; | ||
(2) making recommendations regarding the procedures, | ||
tools, and technology that will promote efficient and | ||
effective operation of the Registry; | ||
(3) assisting the Department of Public Health with the | ||
development, publication, and circulation of an | ||
informational pamphlet that describes the purpose, | ||
function, and mechanics of the Illinois Adoption Registry | ||
and Medical Information Exchange, including information | ||
about who is eligible to register and how to register; | ||
information about the questions and concerns that | ||
registrants may develop when they register or when they | ||
receive information from the Registry; and a list of | ||
services, programs, groups, and informational websites | ||
that are available to assist registrants with their | ||
questions and concerns; | ||
(4) collecting, compiling, and reviewing statistical | ||
data and empirical information concerning the procedures | ||
in the Registry including, but not limited to, data | ||
concerning the filing of Denials of Information Exchange, | ||
Information Exchange Authorizations, Requests for a | ||
Non-Certified Copy of an Original Birth Certificate, and | ||
Birth Parent Preference Forms; | ||
(5) making recommendations to the Director of the |
Department of Children and Family Services regarding the | ||
standards for certification for confidential | ||
intermediaries; | ||
(6) making recommendations to the Director of the | ||
Department of Children and Family Services concerning | ||
oversight methods used to verify that intermediaries are | ||
complying with the appropriate laws; | ||
(7) assisting the Department of Children and Family | ||
Services with training for confidential intermediaries, | ||
including training with respect to federal and State | ||
privacy laws; | ||
(8) reviewing the relationship between confidential | ||
intermediaries and the court system and making | ||
recommendations to the Director of the Department of | ||
Children and Family Services concerning sample orders that | ||
define the scope of the intermediaries' access to | ||
information; | ||
(9) considering any recent violations of policy or | ||
procedures by confidential intermediaries and remedial | ||
steps, including decertification, which might be | ||
recommended to the Director of the Department of Children | ||
and Family Services so as to prevent future violations; and | ||
(10) reviewing reports from the Department of Children | ||
and Family Services submitted by July 1 and January 1 of | ||
each year in order detailing the penalties assessed and | ||
collected, the amounts of related deposits into the DCFS |
Children's Services Fund, and any expenditures from such | ||
deposits. | ||
(d) Within 45 days after the effective date of this | ||
amendatory Act of the 97th General Assembly, both the Adoption | ||
Registry Advisory Council and the Confidential Intermediary | ||
Council shall, notwithstanding any other provision of this Act, | ||
turn over the Council's records to the Adoption Advisory | ||
Council and cease to function.
| ||
(750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
| ||
Sec. 18.3a. Confidential intermediary.
| ||
(a) General purposes.
Notwithstanding any other provision | ||
of
this Act, any
adopted or surrendered person 21 years of age | ||
or over, any adoptive parent or legal guardian
of
an adopted or | ||
surrendered person under the age of 21, or any birth parent of | ||
an adopted
or surrendered person who is 21 years of age or over | ||
may petition the court in any county in
the
State of Illinois | ||
for appointment of a confidential intermediary as provided in
| ||
this Section for the purpose of exchanging medical information | ||
with one or
more mutually consenting biological relatives, | ||
obtaining identifying
information about one or more mutually | ||
consenting biological relatives, or
arranging contact with one | ||
or more mutually consenting biological relatives.
| ||
Additionally, in cases where an adopted or surrendered person | ||
is deceased,
an adult child of the adopted
or surrendered | ||
person or his or her adoptive parents or surviving spouse may |
file a petition under this Section and in cases
where the birth | ||
parent is deceased,
an adult birth sibling of the adopted or | ||
surrendered person or of the deceased birth parent
may
file a | ||
petition under this Section for the purpose of exchanging | ||
medical
information with one or more mutually consenting | ||
biological relatives of the adopted or surrendered person,
| ||
obtaining identifying information about one or more mutually | ||
consenting
biological relatives of the adopted or surrendered | ||
person, or arranging contact with one or more mutually
| ||
consenting biological relatives of the adopted or surrendered | ||
person. Beginning January 1, 2006, any adopted or surrendered | ||
person 21 years of age or over; any adoptive parent or legal | ||
guardian of an adopted or surrendered person under the age of | ||
21; any birth parent, birth sibling, birth aunt, or birth uncle | ||
of an adopted or surrendered person over the age of 21; any | ||
surviving child, adoptive parent, or surviving spouse of a | ||
deceased adopted or surrendered person who wishes to petition | ||
the court for the appointment of a confidential intermediary | ||
shall be required to accompany their petition with proof of | ||
registration with the Illinois Adoption Registry and Medical | ||
Information Exchange.
| ||
(b) Petition. Upon petition by an adopted or surrendered
| ||
person 21 years of age or over (an "adult adopted or | ||
surrendered person"), an
adoptive parent or legal guardian of | ||
an adopted or surrendered person under the age of 21,
or a | ||
birth parent of an adopted or surrendered person who is 21 |
years of age or over, the
court
shall appoint a confidential | ||
intermediary. Upon petition by
an adult child, adoptive parent | ||
or surviving spouse of an adopted or surrendered person who is | ||
deceased, by an adult birth sibling of an adopted or | ||
surrendered person
whose common birth parent is deceased
and | ||
whose adopted or surrendered birth sibling is 21 years of age | ||
or over, or by an adult sibling of a birth parent who is | ||
deceased,
and whose surrendered child is 21 years of age or | ||
over, the court may appoint a confidential
intermediary if the | ||
court finds that the disclosure is of greater benefit than
| ||
nondisclosure.
The petition shall state which biological | ||
relative
or
relatives are being sought and shall indicate if | ||
the petitioner wants to do any
one or more of the following: | ||
exchange medical information with the
biological relative or | ||
relatives, obtain identifying information from the
biological | ||
relative or relatives, or to arrange contact with the | ||
biological
relative.
| ||
(c) Order. The order appointing the confidential | ||
intermediary shall allow
that
intermediary to conduct a search | ||
for the sought-after relative by accessing
those records | ||
described in subsection (g) of this Section.
| ||
(d) Fees and expenses. The court shall not condition the | ||
appointment of the
confidential intermediary on the | ||
petitioner's payment of the intermediary's
fees and expenses in | ||
advance of the commencement of the work of the
confidential | ||
intermediary. No However, no fee shall be charged if the |
petitioner is an adult adopted or surrendered person and the | ||
sought-after relative is a birth parent who filed or who did | ||
not file a Denial with the Registry prior to January 1, 2011, | ||
or filed a Birth Parent Preference Form on which Option E was | ||
selected after January 1, 2011 and more than 5 years have | ||
transpired since the birth parent filed the Denial of | ||
Information Exchange or Birth Parent Preference Form on which | ||
Option E was selected.
| ||
(e) Eligibility of intermediary. The court may appoint as | ||
confidential
intermediary any
person certified by the | ||
Department of Children and Family Services as qualified to | ||
serve as a confidential
intermediary.
Certification shall be | ||
dependent upon the
confidential intermediary completing a | ||
course of training including, but not
limited to, applicable | ||
federal and State privacy laws.
| ||
(f) (Blank). Confidential Intermediary Council. There | ||
shall be established under the
Department of Children and | ||
Family
Services a Confidential Intermediary Advisory Council. | ||
One member shall be an
attorney representing the Attorney | ||
General's Office appointed by the Attorney
General. One member | ||
shall be a currently certified confidential intermediary
| ||
appointed by the Director of the Department of Children and | ||
Family Services.
The Director shall also appoint 5 additional | ||
members. When making those
appointments, the Director shall | ||
consider advocates for adopted persons,
adoptive parents, | ||
birth parents, lawyers who represent clients in private
|
adoptions, lawyers specializing in privacy law, and | ||
representatives of agencies
involved in adoptions. The | ||
Director shall appoint one of the 7 members as
the chairperson. | ||
An attorney from the Department of Children and Family
Services
| ||
and the person directly responsible for administering the | ||
confidential
intermediary program shall serve as ex-officio, | ||
non-voting advisors to the
Council. Council members shall serve | ||
at the discretion of the Director and
shall receive no | ||
compensation other than reasonable expenses approved by the
| ||
Director. The Council shall meet no less than twice yearly and | ||
shall meet at least once yearly with the Registry Advisory | ||
Council, and shall make
recommendations to the Director | ||
regarding the development of rules, procedures,
and forms that | ||
will ensure efficient and effective operation of the
| ||
confidential intermediary process, including:
| ||
(1) Standards for certification for confidential | ||
intermediaries.
| ||
(2) Oversight of methods used to verify that | ||
intermediaries are complying
with the appropriate laws.
| ||
(3) Training for confidential intermediaries, | ||
including training with
respect to federal and State | ||
privacy laws.
| ||
(4) The relationship between confidential | ||
intermediaries and the court
system, including the | ||
development of sample orders defining the scope of the
| ||
intermediaries' access to information.
|
(5) Any recent violations of policy or procedures by | ||
confidential
intermediaries and remedial steps, including | ||
decertification, to prevent future
violations.
| ||
(g) Access. Subject to the limitations of subsection (i) | ||
of this
Section, the
confidential
intermediary shall have | ||
access to vital records or a comparable public entity that | ||
maintains vital records in another state in accordance with | ||
that state's laws, maintained by the Department of
Public | ||
Health and its local designees for the maintenance of vital | ||
records or a comparable public entity that maintains vital | ||
records in another state in accordance with that state's laws | ||
and
all records of the court or any adoption agency,
public
or | ||
private, as limited in this Section, which relate to the | ||
adoption or the identity and location of an
adopted or | ||
surrendered person, of an adult child or surviving spouse of a | ||
deceased adopted or surrendered person, or of a birth
parent, | ||
birth sibling, or the sibling of a deceased birth parent. The
| ||
confidential intermediary shall not have access to any personal | ||
health
information protected by the Standards for Privacy of | ||
Individually
Identifiable Health Information adopted by the | ||
U.S. Department of Health and
Human Services under the Health | ||
Insurance Portability and Accountability Act of
1996 unless the | ||
confidential intermediary has obtained written consent from | ||
the
person whose information is being sought by an adult | ||
adopted or surrendered person or, if that person is a minor | ||
child,
that person's parent or guardian. Confidential
|
intermediaries shall be authorized to inspect confidential | ||
relinquishment and
adoption records. The confidential | ||
intermediary shall not be authorized to
access medical
records, | ||
financial records, credit records, banking records, home | ||
studies,
attorney file records, or other personal records.
In | ||
cases where a birth parent is being sought, an adoption agency | ||
shall inform
the confidential intermediary of any statement | ||
filed pursuant to Section 18.3, hereinafter referred to as "the | ||
18.3 statement",
indicating a desire of the surrendering birth | ||
parent to have identifying
information shared or to not have | ||
identifying information shared. If there was
a clear statement | ||
of intent by the sought-after birth parent not to have
| ||
identifying information shared, the confidential intermediary | ||
shall discontinue
the search and inform the petitioning party | ||
of the sought-after relative's
intent unless the birth parent | ||
filed the 18.3 statement prior to the effective date of this | ||
amendatory Act of the 96th General Assembly and more than 5 | ||
years have elapsed since the filing of the 18.3 statement. If | ||
the adult adopted or surrendered person is the subject of an | ||
18.3 statement indicating a desire not to establish contact | ||
which was filed more than 5 years prior to the search request, | ||
the confidential intermediary shall confirm the petitioner's | ||
desire to continue the search. Information
provided to the | ||
confidential intermediary by an adoption agency shall be
| ||
restricted to the full name, date of birth, place of birth, | ||
last known address,
last known telephone number of the |
sought-after relative or, if applicable,
of the children or | ||
siblings of the sought-after relative, and the 18.3 statement.
| ||
(h) Adoption agency disclosure of medical information. If | ||
the petitioner is
an adult adopted or surrendered person or the | ||
adoptive parent of a
minor and if the petitioner has signed a | ||
written authorization to disclose
personal medical | ||
information, an adoption agency disclosing information to a
| ||
confidential intermediary shall disclose available medical | ||
information about
the adopted or surrendered person from birth | ||
through adoption.
| ||
(i) Duties of confidential intermediary in conducting a | ||
search. In
conducting
a search under this Section, the | ||
confidential intermediary shall first confirm
that there is no | ||
Denial of Information Exchange on file with the Illinois
| ||
Adoption Registry. If the petitioner is an adult child of an | ||
adopted or surrendered person
who is deceased, the
confidential | ||
intermediary shall additionally confirm that the adopted or | ||
surrendered person
did not file a Denial of Information | ||
Exchange or a Birth Parent Preference Form with Option E | ||
selected with the Illinois Adoption
Registry during his or her | ||
life. If there is a Denial on file with the Registry, the | ||
confidential intermediary must discontinue the search unless | ||
the petitioner is an adult adopted or surrendered person and | ||
the sought-after birth relative filed the Denial 5 years or | ||
more prior to the search or the birth parent has not been the | ||
object of a search through the State confidential intermediary |
program for 10 or more years. If the petitioner is an adult | ||
adopted or surrendered person and there is a Birth Parent | ||
Preference Form on file with the Registry and the birth parent | ||
who completed the form selected Option E, the confidential | ||
intermediary must discontinue the search unless 5 years or more | ||
have elapsed since the filing of the Birth Parent Preference | ||
Form. If the petitioner is an adult birth sibling of
an
adopted
| ||
or surrendered person or an adult sibling of a birth parent who | ||
is deceased,
the confidential intermediary shall
additionally | ||
confirm that the birth parent did not file a Denial of | ||
Information
Exchange or a Birth Parent Preference Form with | ||
Option E selected with the Registry during his or her life. If | ||
the confidential
intermediary learns that a sought-after birth | ||
parent signed an 18.3 statement
indicating his or her intent | ||
not to have identifying information shared, and
did not later | ||
file an Information Exchange Authorization or a Birth Parent | ||
Preference Form with the
Registry, the confidential | ||
intermediary shall discontinue the search and inform
the | ||
petitioning party of the birth parent's intent, unless the | ||
petitioner is an adult adopted or surrendered person and 5 | ||
years or more have elapsed since the birth parent signed the | ||
statement indicating his or her intent not to have identifying | ||
information shared. In cases where the birth parent filed a | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
where Option E was selected, or statement indicating his or her | ||
intent not to have identifying information shared less than 5 |
years prior to the search request and the petitioner is an | ||
adult adopted or surrendered person, the confidential | ||
intermediary shall inform the petitioner of the need to | ||
discontinue the search until 5 years have elapsed since the | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
where Option E was selected, or statement
was filed; in cases | ||
where a birth parent was previously the subject of a search | ||
through the State confidential intermediary program, the | ||
confidential intermediary shall inform the petitioner of the | ||
need to discontinue the search until 10 years or more have | ||
elapsed since the initial search was closed. In cases where a | ||
birth parent has been the object of 2 searches through the | ||
State confidential intermediary program, no subsequent search | ||
for the birth parent shall be authorized absent a court order | ||
to the contrary.
| ||
In conducting a search under this Section, the confidential | ||
intermediary
shall attempt to locate the relative or relatives | ||
from whom the petitioner has
requested information. If the | ||
sought-after relative is deceased
or cannot be located after a | ||
diligent search, the
confidential intermediary may contact | ||
other adult relatives of the
sought-after relative.
| ||
The confidential intermediary shall contact a sought-after | ||
relative on
behalf of the petitioner in a manner that respects | ||
the sought-after relative's
privacy and shall inform the | ||
sought-after relative of the petitioner's request
for medical | ||
information, identifying information or contact as stated in |
the
petition. Based upon the terms of the petitioner's request, | ||
the confidential
intermediary shall contact a sought-after | ||
relative on behalf of the petitioner
and inform the | ||
sought-after relative of the following options:
| ||
(1) The sought-after relative may totally reject one or | ||
all of the
requests for medical information, identifying | ||
information or
contact. The sought-after relative shall be | ||
informed that they can
provide a medical questionnaire to | ||
be forwarded to the petitioner
without releasing any | ||
identifying information. The confidential
intermediary | ||
shall inform the petitioner of the sought-after
relative's | ||
decision to reject the sharing of information or contact.
| ||
(2) The sought-after relative may consent to | ||
completing a medical
questionnaire only. In this case, the | ||
confidential intermediary
shall provide the questionnaire | ||
and ask the sought-after relative to
complete it. The | ||
confidential intermediary shall forward the
completed | ||
questionnaire to the petitioner and inform the petitioner
| ||
of the sought-after relative's desire to not provide any | ||
additional
information.
| ||
(3) The sought-after relative may communicate with the | ||
petitioner
without having his or her identity disclosed. In | ||
this case, the
confidential intermediary shall arrange the | ||
desired communication
in a manner that protects the | ||
identity of the sought-after relative.
The confidential | ||
intermediary shall inform the petitioner of the
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sought-after relative's decision to communicate but not | ||
disclose
his or her identity.
| ||
(4) The sought-after relative may consent to initiate | ||
contact with the
petitioner. If both the petitioner and the | ||
sought-after relative or
relatives are eligible to | ||
register with the Illinois Adoption Registry,
the | ||
confidential intermediary shall provide the necessary
| ||
application forms and request that the sought-after | ||
relative
register with the Illinois Adoption Registry. If | ||
either the petitioner
or the sought-after relative or | ||
relatives are ineligible to register
with the Illinois | ||
Adoption Registry, the confidential intermediary
shall | ||
obtain written consents from both parties that they wish to
| ||
disclose their identities to each other and to have contact | ||
with
each other.
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(j) Oath. The confidential intermediary shall sign an oath | ||
of
confidentiality substantially as follows: "I, .........., | ||
being duly sworn, on
oath depose and say: As a condition of | ||
appointment as a confidential
intermediary, I affirm that:
| ||
(1) I will not disclose to the petitioner,
directly or | ||
indirectly, any confidential information
except in a | ||
manner consistent with the
law.
| ||
(2) I recognize that violation of this oath subjects me | ||
to civil liability
and to a potential finding of contempt | ||
of court.
................................
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SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
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date)
| ||
................................."
| ||
(k) Sanctions.
| ||
(1) Any confidential intermediary who improperly | ||
discloses
confidential information identifying a | ||
sought-after relative shall be liable to
the sought-after | ||
relative for damages and may also be found in contempt of
| ||
court.
| ||
(2) Any person who learns a sought-after
relative's | ||
identity, directly or indirectly, through the use of | ||
procedures
provided in this Section and who improperly | ||
discloses information identifying
the sought-after | ||
relative shall be liable to the sought-after relative for
| ||
actual damages plus minimum punitive damages of $10,000.
| ||
(3) The Department shall fine any confidential | ||
intermediary who improperly
discloses
confidential | ||
information in violation of item (1) or (2) of this | ||
subsection (k)
an amount up to $2,000 per improper | ||
disclosure. This fine does not affect
civil liability under | ||
item (2) of this subsection (k). The Department shall
| ||
deposit all fines and penalties collected under this | ||
Section into the Illinois
Adoption Registry and Medical | ||
Information Fund.
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(l) Death of person being sought. Notwithstanding any other | ||
provision
of this Act, if the confidential intermediary | ||
discovers that the person
being sought has died, he or she |
shall report this fact to the court,
along with a copy of the | ||
death certificate. If the sought-after relative is a birth | ||
parent, the confidential intermediary shall also forward a copy | ||
of the birth parent's death certificate, if available, to the | ||
Registry for inclusion in the Registry file.
| ||
(m) Any confidential information obtained by the | ||
confidential intermediary
during the course of his or her | ||
search shall be kept strictly confidential
and shall be used | ||
for the purpose of arranging contact between the
petitioner and | ||
the sought-after birth relative. At the time the case is
| ||
closed, all identifying information shall be returned to the | ||
court for
inclusion in the impounded adoption file.
| ||
(n) If the petitioner is an adopted or surrendered person | ||
21 years of age or over or the
adoptive parent or legal | ||
guardian of an adopted or surrendered person under the age
of | ||
21, any
non-identifying information, as defined in Section | ||
18.4, that is
ascertained during the course of the search may | ||
be given in writing to
the petitioner at any time during the | ||
search before the case is closed.
| ||
(o) Except as provided in subsection (k) of this Section, | ||
no liability shall
accrue to
the State, any State agency, any | ||
judge, any officer or employee of the
court, any certified | ||
confidential intermediary, or any agency designated
to oversee | ||
confidential intermediary services for acts, omissions, or
| ||
efforts made in good faith within the scope of this Section.
| ||
(p) An adoption agency that has received a request from a |
confidential intermediary for the full name, date of birth, | ||
last known address, or last known telephone number of a | ||
sought-after relative pursuant to subsection (g) of Section | ||
18.3a, or for medical information regarding a sought-after | ||
relative pursuant to subsection (h) of Section 18.3a, must | ||
satisfactorily comply with this court order within a period of | ||
45 days. The court shall order the adoption agency to reimburse | ||
the petitioner in an amount equal to all payments made by the | ||
petitioner to the confidential intermediary, and the adoption | ||
agency shall be subject to a civil monetary penalty of $1,000 | ||
to be paid to the Department of Children and Family Services. | ||
Following the issuance of a court order finding that the | ||
adoption agency has not complied with Section 18.3, the | ||
adoption agency shall be subject to a monetary penalty of $500 | ||
per day for each subsequent day of non-compliance. Proceeds | ||
from such fines shall be utilized by the Department of Children | ||
and Family Services to subsidize the fees of petitioners as | ||
referenced in subsection (d) of this Section. | ||
(q) Provide information to eligible petitioner. The | ||
confidential intermediary may provide to eligible petitioners | ||
as described in subsections (a) and (b) of this Section, the | ||
name of the child welfare agency which had legal custody of the | ||
surrendered person or responsibility for placing the | ||
surrendered person and any available contact information for | ||
such agency. In addition, the confidential intermediary may | ||
provide to such petitioners the name of the state in which the |
surrender occurred or in which the adoption was finalized. | ||
Any reimbursements and fines, notwithstanding any | ||
reimbursement directly to the petitioner, paid under this | ||
subsection are in addition to other remedies a court may | ||
otherwise impose by law. | ||
The Department of Children and Family Services shall submit | ||
reports to the Adoption Advisory Council Confidential | ||
Intermediary Advisory Council by July 1 and January 1 of each | ||
year in order to report the penalties assessed and collected | ||
under this subsection, the amounts of related deposits into the | ||
DCFS Children's Services Fund, and any expenditures from such | ||
deposits.
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(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10; | ||
97-110, eff. 7-14-11.)
| ||
(750 ILCS 50/18.07 rep.)
| ||
Section 15. The Adoption Act is amended by repealing | ||
Section 18.07.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2013, except this Section and
Section 5 take effect upon | ||
becoming law.
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