| ||||
Public Act 099-0049 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Child Care Act of 1969 is amended by adding | ||||
Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows: | ||||
(225 ILCS 10/2.30 new) | ||||
Sec. 2.30. Placement disruption. "Placement disruption" | ||||
means a circumstance where the child is removed from an | ||||
adoptive placement before the adoption is finalized. | ||||
(225 ILCS 10/2.31 new) | ||||
Sec. 2.31. Secondary placement. "Secondary placement" | ||||
means a placement, including but not limited to the placement | ||||
of a ward of the Department, that occurs after a placement | ||||
disruption or adoption dissolution. "Secondary placement" does | ||||
not mean secondary placements arising due to the death of the | ||||
adoptive parent of the child. | ||||
(225 ILCS 10/2.32 new) | ||||
Sec. 2.32. Adoption dissolution. "Adoption dissolution" | ||||
means a circumstance where the child is removed from an | ||||
adoptive placement after the adoption is finalized. |
(225 ILCS 10/2.33 new) | ||
Sec. 2.33. Unregulated placement. "Unregulated placement" | ||
means the secondary placement of a child that occurs without | ||
the oversight of the courts, the Department, or a licensed | ||
child welfare agency. | ||
(225 ILCS 10/2.34 new) | ||
Sec. 2.34. Post-placement and post-adoption support | ||
services. "Post-placement and post-adoption support services" | ||
means support services for placed or adopted children and | ||
families that include, but are not limited to, counseling for | ||
emotional, behavioral, or developmental needs. | ||
Section 10. The Adoption Act is amended by changing | ||
Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as | ||
follows:
| ||
(750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||
Sec. 1. Definitions. When used in this Act, unless the | ||
context
otherwise requires:
| ||
A. "Child" means a person under legal age subject to | ||
adoption under
this Act.
| ||
B. "Related child" means a child subject to adoption where | ||
either or both of
the adopting parents stands in any of the | ||
following relationships to the child
by blood, marriage, | ||
adoption, or civil union: parent, grand-parent, |
great-grandparent, brother, sister, step-parent,
| ||
step-grandparent, step-brother, step-sister, uncle, aunt, | ||
great-uncle,
great-aunt, first cousin, or second cousin. A | ||
person is related to the child as a first cousin or second | ||
cousin if they are both related to the same ancestor as either | ||
grandchild or great-grandchild. A child whose parent has | ||
executed
a consent to adoption, a surrender, or a waiver | ||
pursuant to Section 10 of this Act or whose parent has signed a | ||
denial of paternity pursuant to Section 12 of the Vital Records | ||
Act or Section 12a of this Act, or whose parent has had his or | ||
her parental rights
terminated, is not a related child to that | ||
person, unless (1) the consent is
determined to be void or is | ||
void pursuant to subsection O of Section 10 of this Act;
or (2) | ||
the parent of the child executed a consent to adoption by a | ||
specified person or persons pursuant to subsection A-1 of | ||
Section 10 of this Act and a court of competent jurisdiction | ||
finds that such consent is void; or (3) the order terminating | ||
the parental rights of the parent is vacated by a court of | ||
competent jurisdiction.
| ||
C. "Agency" for the purpose of this Act means a public | ||
child welfare agency
or a licensed child welfare agency.
| ||
D. "Unfit person" means any person whom the court shall | ||
find to be unfit
to have a child, without regard to the | ||
likelihood that the child will be
placed for adoption. The | ||
grounds of unfitness are any one or more
of the following, | ||
except that a person shall not be considered an unfit
person |
for the sole reason that the person has relinquished a child in
| ||
accordance with the Abandoned Newborn Infant Protection Act:
| ||
(a) Abandonment of the child.
| ||
(a-1) Abandonment of a newborn infant in a hospital.
| ||
(a-2) Abandonment of a newborn infant in any setting | ||
where the evidence
suggests that the parent intended to | ||
relinquish his or her parental rights.
| ||
(b) Failure to maintain a reasonable degree of | ||
interest, concern or
responsibility as to the child's | ||
welfare.
| ||
(c) Desertion of the child for more than 3 months next | ||
preceding the
commencement of the Adoption proceeding.
| ||
(d) Substantial neglect
of the
child if continuous or | ||
repeated.
| ||
(d-1) Substantial neglect, if continuous or repeated, | ||
of any child
residing in the household which resulted in | ||
the death of that child.
| ||
(e) Extreme or repeated cruelty to the child.
| ||
(f) There is a rebuttable presumption, which can be | ||
overcome only by clear and convincing evidence, that a | ||
parent is unfit if:
| ||
(1) Two or more findings of physical abuse have | ||
been entered regarding any children under Section 2-21 | ||
of the Juvenile Court Act
of 1987, the most recent of | ||
which was determined by the juvenile court
hearing the | ||
matter to be supported by clear and convincing |
evidence; or | ||
(2) The parent has been convicted or found not | ||
guilty by reason of insanity and the conviction or | ||
finding resulted from the death of any child by | ||
physical abuse; or
| ||
(3) There is a finding of physical child abuse | ||
resulting from the death of any
child under Section | ||
2-21 of the
Juvenile Court Act of 1987. | ||
No conviction or finding of delinquency pursuant | ||
to Article V of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (f).
| ||
(g) Failure to protect the child from conditions within | ||
his environment
injurious to the child's welfare.
| ||
(h) Other neglect of, or misconduct toward the child; | ||
provided that in
making a finding of unfitness the court | ||
hearing the adoption proceeding
shall not be bound by any | ||
previous finding, order or judgment affecting
or | ||
determining the rights of the parents toward the child | ||
sought to be adopted
in any other proceeding except such | ||
proceedings terminating parental rights
as shall be had | ||
under either this Act, the Juvenile Court Act or
the | ||
Juvenile Court Act of 1987.
| ||
(i) Depravity. Conviction of any one of the following
| ||
crimes shall create a presumption that a parent is depraved | ||
which can be
overcome only by clear and convincing |
evidence:
(1) first degree murder in violation of paragraph | ||
1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or conviction
of | ||
second degree murder in violation of subsection (a) of | ||
Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 of a parent of the child to be adopted; (2)
| ||
first degree murder or second degree murder of any child in
| ||
violation of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; (3)
attempt or conspiracy to commit first degree | ||
murder or second degree murder
of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||
solicitation to commit murder of any child, solicitation to
| ||
commit murder of any child for hire, or solicitation to | ||
commit second
degree murder of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||
predatory criminal sexual assault of a child in violation | ||
of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012; (6) heinous battery of any | ||
child in violation of the Criminal Code of 1961; or (7) | ||
aggravated battery of any child in violation of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if the parent
has been criminally convicted of at | ||
least 3 felonies under the laws of this
State or any other | ||
state, or under federal law, or the criminal laws of any
| ||
United States territory; and at least
one of these
|
convictions took place within 5 years of the filing of the | ||
petition or motion
seeking termination of parental rights.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if that
parent
has
been criminally convicted of | ||
either first or second degree murder of any person
as | ||
defined in the Criminal Code of 1961 or the Criminal Code | ||
of 2012 within 10 years of the filing date of
the petition | ||
or motion to terminate parental rights. | ||
No conviction or finding of delinquency pursuant to | ||
Article 5 of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (i).
| ||
(j) Open and notorious adultery or fornication.
| ||
(j-1) (Blank).
| ||
(k) Habitual drunkenness or addiction to drugs, other | ||
than those
prescribed by a physician, for at least one year | ||
immediately
prior to the commencement of the unfitness | ||
proceeding.
| ||
There is a rebuttable presumption that a parent is | ||
unfit under this
subsection
with respect to any child to | ||
which that parent gives birth where there is a
confirmed
| ||
test result that at birth the child's blood, urine, or | ||
meconium contained any
amount of a controlled substance as | ||
defined in subsection (f) of Section 102 of
the Illinois | ||
Controlled Substances Act or metabolites of such | ||
substances, the
presence of which in the newborn infant was |
not the result of medical treatment
administered to the | ||
mother or the newborn infant; and the biological mother of
| ||
this child is the biological mother of at least one other | ||
child who was
adjudicated a neglected minor under | ||
subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||
1987.
| ||
(l) Failure to demonstrate a reasonable degree of | ||
interest, concern or
responsibility as to the welfare of a | ||
new born child during the first 30
days after its birth.
| ||
(m) Failure by a parent (i) to make reasonable efforts | ||
to correct the
conditions that were the basis for the | ||
removal of the child from the
parent during any 9-month | ||
period following the adjudication of neglected or abused | ||
minor under Section 2-3 of the Juvenile Court Act of 1987 | ||
or dependent minor under Section 2-4 of that Act, or (ii) | ||
to make reasonable progress
toward the return of the
child | ||
to the parent during any 9-month period following the | ||
adjudication of
neglected or abused minor under Section 2-3 | ||
of the Juvenile Court
Act of 1987 or dependent minor under | ||
Section 2-4 of that Act.
If a service plan has been | ||
established as
required under
Section 8.2 of the Abused and | ||
Neglected Child Reporting Act to correct the
conditions | ||
that were the basis for the removal of the child from the | ||
parent
and if those services were available,
then, for | ||
purposes of this Act, "failure to make reasonable progress | ||
toward the
return of the child to the parent" includes the |
parent's failure to substantially fulfill his or her | ||
obligations
under
the service plan and correct the | ||
conditions that brought the child into care
during any | ||
9-month period
following the adjudication under Section | ||
2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||
Notwithstanding any other provision, when a petition or | ||
motion seeks to terminate parental rights on the basis of | ||
item (ii) of this subsection (m), the petitioner shall file | ||
with the court and serve on the parties a pleading that | ||
specifies the 9-month period or periods relied on. The | ||
pleading shall be filed and served on the parties no later | ||
than 3 weeks before the date set by the court for closure | ||
of discovery, and the allegations in the pleading shall be | ||
treated as incorporated into the petition or motion. | ||
Failure of a respondent to file a written denial of the | ||
allegations in the pleading shall not be treated as an | ||
admission that the allegations are true.
| ||
(m-1) Pursuant to the Juvenile Court Act of 1987, a | ||
child
has been in foster care for 15 months out of any 22 | ||
month period which begins
on or after the effective date of | ||
this amendatory Act of 1998 unless the
child's parent can | ||
prove
by a preponderance of the evidence that it is more | ||
likely than not that it will
be in the best interests of | ||
the child to be returned to the parent within 6
months of | ||
the date on which a petition for termination of parental | ||
rights is
filed under the Juvenile Court Act of 1987. The |
15 month time limit is tolled
during
any period for which | ||
there is a court finding that the appointed custodian or
| ||
guardian failed to make reasonable efforts to reunify the | ||
child with his or her
family, provided that (i) the finding | ||
of no reasonable efforts is made within
60 days of the | ||
period when reasonable efforts were not made or (ii) the | ||
parent
filed a motion requesting a finding of no reasonable | ||
efforts within 60 days of
the period when reasonable | ||
efforts were not made. For purposes of this
subdivision | ||
(m-1), the date of entering foster care is the earlier of: | ||
(i) the
date of
a judicial finding at an adjudicatory | ||
hearing that the child is an abused,
neglected, or | ||
dependent minor; or (ii) 60 days after the date on which | ||
the
child is removed from his or her parent, guardian, or | ||
legal custodian.
| ||
(n) Evidence of intent to forgo his or her parental | ||
rights,
whether or
not the child is a ward of the court, | ||
(1) as manifested
by his or her failure for a period of 12 | ||
months: (i) to visit the child,
(ii) to communicate with | ||
the child or agency, although able to do so and
not | ||
prevented from doing so by an agency or by court order, or | ||
(iii) to
maintain contact with or plan for the future of | ||
the child, although physically
able to do so, or (2) as | ||
manifested by the father's failure, where he
and the mother | ||
of the child were unmarried to each other at the time of | ||
the
child's birth, (i) to commence legal proceedings to |
establish his paternity
under the Illinois Parentage Act of | ||
1984 or the law of the jurisdiction of
the child's birth | ||
within 30 days of being informed, pursuant to Section 12a
| ||
of this Act, that he is the father or the likely father of | ||
the child or,
after being so informed where the child is | ||
not yet born, within 30 days of
the child's birth, or (ii) | ||
to make a good faith effort to pay a reasonable
amount of | ||
the expenses related to the birth of the child and to | ||
provide a
reasonable amount for the financial support of | ||
the child, the court to
consider in its determination all | ||
relevant circumstances, including the
financial condition | ||
of both parents; provided that the ground for
termination | ||
provided in this subparagraph (n)(2)(ii) shall only be
| ||
available where the petition is brought by the mother or | ||
the husband of
the mother.
| ||
Contact or communication by a parent with his or her | ||
child that does not
demonstrate affection and concern does | ||
not constitute reasonable contact
and planning under | ||
subdivision (n). In the absence of evidence to the
| ||
contrary, the ability to visit, communicate, maintain | ||
contact, pay
expenses and plan for the future shall be | ||
presumed. The subjective intent
of the parent, whether | ||
expressed or otherwise, unsupported by evidence of
the | ||
foregoing parental acts manifesting that intent, shall not | ||
preclude a
determination that the parent has intended to | ||
forgo his or her
parental
rights. In making this |
determination, the court may consider but shall not
require | ||
a showing of diligent efforts by an authorized agency to | ||
encourage
the parent to perform the acts specified in | ||
subdivision (n).
| ||
It shall be an affirmative defense to any allegation | ||
under paragraph
(2) of this subsection that the father's | ||
failure was due to circumstances
beyond his control or to | ||
impediments created by the mother or any other
person | ||
having legal custody. Proof of that fact need only be by a
| ||
preponderance of the evidence.
| ||
(o) Repeated or continuous failure by the parents, | ||
although physically
and financially able, to provide the | ||
child with adequate food, clothing,
or shelter.
| ||
(p) Inability to discharge parental responsibilities | ||
supported by
competent evidence from a psychiatrist, | ||
licensed clinical social
worker, or clinical psychologist | ||
of mental
impairment, mental illness or an intellectual | ||
disability as defined in Section
1-116 of the Mental Health | ||
and Developmental Disabilities Code, or
developmental | ||
disability as defined in Section 1-106 of that Code, and
| ||
there is sufficient justification to believe that the | ||
inability to
discharge parental responsibilities shall | ||
extend beyond a reasonable
time period. However, this | ||
subdivision (p) shall not be construed so as to
permit a | ||
licensed clinical social worker to conduct any medical | ||
diagnosis to
determine mental illness or mental |
impairment.
| ||
(q) (Blank).
| ||
(r) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated as a
result of | ||
criminal conviction at the time the petition or motion for
| ||
termination of parental rights is filed, prior to | ||
incarceration the parent had
little or no contact with the | ||
child or provided little or no support for the
child, and | ||
the parent's incarceration will prevent the parent from | ||
discharging
his or her parental responsibilities for the | ||
child for a period in excess of 2
years after the filing of | ||
the petition or motion for termination of parental
rights.
| ||
(s) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated at the
time the | ||
petition or motion for termination of parental rights is | ||
filed, the
parent has been repeatedly incarcerated as a | ||
result of criminal convictions,
and the parent's repeated | ||
incarceration has prevented the parent from
discharging | ||
his or her parental responsibilities for the child.
| ||
(t) A finding that at birth the child's blood,
urine, | ||
or meconium contained any amount of a controlled substance | ||
as
defined in subsection (f) of Section 102 of the Illinois | ||
Controlled Substances
Act, or a metabolite of a controlled | ||
substance, with the exception of
controlled substances or |
metabolites of such substances, the presence of which
in | ||
the newborn infant was the result of medical treatment | ||
administered to the
mother or the newborn infant, and that | ||
the biological mother of this child is
the biological | ||
mother of at least one other child who was adjudicated a
| ||
neglected minor under subsection (c) of Section 2-3 of the | ||
Juvenile Court Act
of 1987, after which the biological | ||
mother had the opportunity to enroll in
and participate in | ||
a clinically appropriate substance abuse
counseling, | ||
treatment, and rehabilitation program.
| ||
E. "Parent" means a person who is the legal mother or legal | ||
father of the child as defined in subsection X or Y of this | ||
Section. For the purpose of this Act, a parent who has executed | ||
a consent to adoption, a surrender, or a waiver pursuant to | ||
Section 10 of this Act, who has signed a Denial of Paternity | ||
pursuant to Section 12 of the Vital Records Act or Section 12a | ||
of this Act, or whose parental rights have been terminated by a | ||
court, is not a parent of the child who was the subject of the | ||
consent, surrender, waiver, or denial unless (1) the consent is | ||
void pursuant to subsection O of Section 10 of this Act; or (2) | ||
the person executed a consent to adoption by a specified person | ||
or persons pursuant to subsection A-1 of Section 10 of this Act | ||
and a court of competent jurisdiction finds that the consent is | ||
void; or (3) the order terminating the parental rights of the | ||
person is vacated by a court of competent jurisdiction.
| ||
F. A person is available for adoption when the person is:
|
(a) a child who has been surrendered for adoption to an | ||
agency and to
whose adoption the agency has thereafter | ||
consented;
| ||
(b) a child to whose adoption a person authorized by | ||
law, other than his
parents, has consented, or to whose | ||
adoption no consent is required pursuant
to Section 8 of | ||
this Act;
| ||
(c) a child who is in the custody of persons who intend | ||
to adopt him
through placement made by his parents;
| ||
(c-1) a child for whom a parent has signed a specific | ||
consent pursuant
to subsection O of Section 10;
| ||
(d) an adult who meets the conditions set forth in | ||
Section 3 of this
Act; or
| ||
(e) a child who has been relinquished as defined in | ||
Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||
A person who would otherwise be available for adoption | ||
shall not be
deemed unavailable for adoption solely by reason | ||
of his or her death.
| ||
G. The singular includes the plural and the plural includes
| ||
the singular and the "male" includes the "female", as the | ||
context of this
Act may require.
| ||
H. (Blank). "Adoption disruption" occurs when an adoptive | ||
placement does not
prove successful and it becomes necessary | ||
for the child to be removed from
placement before the adoption | ||
is finalized.
| ||
I. "Habitual residence" has the meaning ascribed to it in |
the federal Intercountry Adoption Act of 2000 and regulations | ||
promulgated thereunder.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
| ||
K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted by | ||
persons who are habitual residents of the United States, or the | ||
child is a habitual resident of the United States who is | ||
adopted by persons who are habitual residents of a country | ||
other than the United States.
| ||
L. (Blank). "Intercountry Adoption Coordinator" means a | ||
staff person of the
Department of Children and Family Services | ||
appointed by the Director to
coordinate the provision of | ||
services related to an intercountry adoption.
| ||
M. "Interstate Compact on the Placement of Children" is a | ||
law enacted by all
states and certain territories for the | ||
purpose of establishing uniform procedures for handling
the | ||
interstate placement of children in foster homes, adoptive | ||
homes, or
other child care facilities.
| ||
N. (Blank).
| ||
O. "Preadoption requirements" means any conditions or | ||
standards established by the laws or administrative rules of | ||
this State that must be met by a prospective adoptive parent
| ||
prior to the placement of a child in an adoptive home.
| ||
P. "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
the child physical injury, by other than | ||
accidental means, that 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 | ||
the 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 the child,
as sex offenses are defined in the | ||
Criminal Code of 2012
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
the child; or
| ||
(e) inflicts excessive corporal punishment.
| ||
Q. "Neglected child" means any child whose parent or other | ||
person
responsible for the child's welfare withholds or denies | ||
nourishment or
medically indicated treatment including food or | ||
care denied solely on the
basis of the present or anticipated | ||
mental or physical impairment as determined
by a physician | ||
acting alone or in consultation with other physicians or
|
otherwise does not provide the proper or necessary support, | ||
education
as required by law, 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 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.
| ||
A child shall not be considered neglected or abused for the
| ||
sole reason that the 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 the Abused and Neglected | ||
Child Reporting Act.
A child shall not be considered neglected | ||
or abused for the sole reason that
the child's parent or other | ||
person responsible for the child's welfare failed
to vaccinate, | ||
delayed vaccination, or refused vaccination for the child
due | ||
to a waiver on religious or medical grounds as permitted by | ||
law.
| ||
R. "Putative father" means a man who may be a child's | ||
father, but who (1) is
not married to the child's mother on or | ||
before the date that the child was or
is to be born and (2) has | ||
not established paternity of the child in a court
proceeding | ||
before the filing of a petition for the adoption of the child. | ||
The
term includes a male who is less than 18 years of age. | ||
"Putative father" does
not mean a man who is the child's father | ||
as a result of criminal sexual abuse
or assault as defined |
under Article 11 of the Criminal Code of 2012.
| ||
S. "Standby adoption" means an adoption in which a parent
| ||
consents to custody and termination of parental rights to | ||
become
effective upon the occurrence of a future event, which | ||
is either the death of
the
parent or the request of the parent
| ||
for the entry of a final judgment of adoption.
| ||
T. (Blank).
| ||
T-5. "Biological parent", "birth parent", or "natural | ||
parent" of a child are interchangeable terms that mean a person | ||
who is biologically or genetically related to that child as a | ||
parent. | ||
U. "Interstate adoption" means the placement of a minor | ||
child with a prospective adoptive parent for the purpose of | ||
pursuing an adoption for that child that is subject to the | ||
provisions of the Interstate Compact on Placement of Children. | ||
V. (Blank). "Endorsement letter" means the letter issued by | ||
the Department of Children and Family Services to document that | ||
a prospective adoptive parent has met preadoption requirements | ||
and has been deemed suitable by the Department to adopt a child | ||
who is the subject of an intercountry adoption. | ||
W. (Blank). "Denial letter" means the letter issued by the | ||
Department of Children and Family Services to document that a | ||
prospective adoptive parent has not met preadoption | ||
requirements and has not been deemed suitable by the Department | ||
to adopt a child who is the subject of an intercountry | ||
adoption. |
X. "Legal father" of a child means a man who is recognized | ||
as or presumed to be that child's father: | ||
(1) because of his marriage to or civil union with the | ||
child's parent at the time of the child's birth or within | ||
300 days prior to that child's birth, unless he signed a | ||
denial of paternity pursuant to Section 12 of the Vital | ||
Records Act or a waiver pursuant to Section 10 of this Act; | ||
or | ||
(2) because his paternity of the child has been | ||
established pursuant to the Illinois Parentage Act, the | ||
Illinois Parentage Act of 1984, or the Gestational | ||
Surrogacy Act; or | ||
(3) because he is listed as the child's father or | ||
parent on the child's birth certificate, unless he is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child or unless he | ||
rescinds his acknowledgment of paternity pursuant to the | ||
Illinois Parentage Act of 1984; or | ||
(4) because his paternity or adoption of the child has | ||
been established by a court of competent jurisdiction. | ||
The definition in this subsection X shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Y. "Legal mother" of a child means a woman who is |
recognized as or presumed to be that child's mother: | ||
(1) because she gave birth to the child except as | ||
provided in the Gestational Surrogacy Act; or | ||
(2) because her maternity of the child has been | ||
established pursuant to the Illinois Parentage Act of 1984 | ||
or the Gestational Surrogacy Act; or | ||
(3) because her maternity or adoption of the child has | ||
been established by a court of competent jurisdiction; or | ||
(4) because of her marriage to or civil union with the | ||
child's other parent at the time of the child's birth or | ||
within 300 days prior to the time of birth; or | ||
(5) because she is listed as the child's mother or | ||
parent on the child's birth certificate unless she is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child. | ||
The definition in this subsection Y shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Z. "Department" means the Illinois Department of Children | ||
and Family Services. | ||
AA. "Placement disruption" means a circumstance where the | ||
child is removed from an adoptive placement before the adoption | ||
is finalized. | ||
BB. "Secondary placement" means a placement, including but |
not limited to the placement of a ward of the Department, that | ||
occurs after a placement disruption or an adoption dissolution. | ||
"Secondary placement" does not mean secondary placements | ||
arising due to the death of the adoptive parent of the child. | ||
CC. "Adoption dissolution" means a circumstance where the | ||
child is removed from an adoptive placement after the adoption | ||
is finalized. | ||
DD. "Unregulated placement" means the secondary placement | ||
of a child that occurs without the oversight of the courts, the | ||
Department, or a licensed child welfare agency. | ||
EE. "Post-placement and post-adoption support services" | ||
means support services for placed or adopted children and | ||
families that include, but are not limited to, counseling for | ||
emotional, behavioral, or developmental needs. | ||
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||
97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | ||
1-1-14; 98-804, eff. 1-1-15 .)
| ||
(750 ILCS 50/2) (from Ch. 40, par. 1502)
| ||
Sec. 2. Who may
adopt a child.
| ||
A. Any of the following persons, who is under no legal | ||
disability
(except the minority specified in sub-paragraph | ||
(b)) and who has resided in
the State of Illinois continuously | ||
for a period of at least 6 months
immediately preceding the | ||
commencement of an adoption proceeding, or any
member of the | ||
armed forces of the United States who has been domiciled in
the |
State of Illinois for 90 days, may
institute such proceeding:
| ||
(a) A reputable person of legal age and of either sex, | ||
provided that if
such person is married or in a civil union | ||
and has not been living separate and apart from his or
her | ||
spouse or civil union partner for 12 months or longer, his | ||
or her spouse or civil union partner shall be a party to | ||
the
adoption
proceeding, including a spouse or civil union | ||
partner husband or wife desiring to adopt a child of the
| ||
other spouse or civil union partner , in all of which cases | ||
the adoption shall be by both spouses or civil union | ||
partners
jointly;
| ||
(b) A minor, by leave of court upon good cause shown.
| ||
Notwithstanding sub-paragraph (a) of this subsection, a | ||
spouse or civil union partner is not required to join in a | ||
petition for adoption to re-adopt a child after an intercountry | ||
adoption if the spouse or civil union partner did not | ||
previously adopt the child as set forth in subsections (c) and | ||
(e) of Section 4.1 of this Act. | ||
B. The residence requirement specified in paragraph A of | ||
this Section
shall not apply to: | ||
(a) an adoption of a related child or child previously | ||
adopted in a foreign country by the petitioner ; or | ||
(b) an adoption of a child placed by an agency.
| ||
(Source: P.A. 98-804, eff. 1-1-15 .)
| ||
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
|
Sec. 4.1. Adoption between multiple jurisdictions. | ||
(a) The Department of Children and Family Services shall | ||
promulgate rules regarding the approval and regulation of | ||
agencies providing, in this State, adoption services, as | ||
defined in Section 2.24 of the Child Care Act of 1969, which | ||
shall include, but not be limited to, a requirement that any | ||
agency shall be licensed in this State as a child welfare | ||
agency as defined in Section 2.08 of the Child Care Act of | ||
1969. Any out-of-state agency, if not licensed in this State as | ||
a child welfare agency, must obtain the approval of the | ||
Department in order to act as a sending agency, as defined in | ||
Section 1 of the Interstate Compact on Placement of Children | ||
Act, seeking to place a child into this State through a | ||
placement subject to the Interstate Compact on the Placement of | ||
Children. An out-of-state agency, if not licensed in this State | ||
as a child welfare agency, is prohibited from providing in this | ||
State adoption services, as defined by Section 2.24 of the | ||
Child Care Act of 1969; shall comply with Section 12C-70 of the | ||
Criminal Code of 2012; and shall provide all of the following | ||
to the Department: | ||
(1) A copy of the agency's current license or other | ||
form of authorization from the approving authority in the | ||
agency's state. If no license or authorization is issued, | ||
the agency must provide a reference statement, from the | ||
approving authority, stating that the agency is authorized | ||
to place children in foster care or adoption or both in its |
jurisdiction. | ||
(2) A description of the program, including home | ||
studies, placements, and supervisions, that the child | ||
placing agency conducts within its geographical area, and, | ||
if applicable, adoptive placements and the finalization of | ||
adoptions. The child placing agency must accept continued | ||
responsibility for placement planning and replacement if | ||
the placement fails. | ||
(3) Notification to the Department of any significant | ||
child placing agency changes after approval. | ||
(4) Any other information the Department may require. | ||
The rules shall also provide that any agency that places | ||
children for
adoption in this State may not, in any policy or | ||
practice relating to the
placement of children for adoption, | ||
discriminate against any child or
prospective adoptive parent | ||
on the basis of race.
| ||
(a-5) (Blank). | ||
(b) Interstate Adoptions. | ||
(1) All interstate adoption placements under this Act | ||
shall comply with the Child Care Act of 1969 and the | ||
Interstate Compact on
the Placement of Children. The | ||
placement of children with relatives by the Department of | ||
Children and Family Services shall also comply with | ||
subsection (b) of Section 7 of the Children and Family | ||
Services Act. | ||
(2) If an adoption is finalized prior to bringing or |
sending a child to this State, compliance with the | ||
Interstate Compact on the Placement of Children is not | ||
required.
| ||
(c) Intercountry Adoptions. (1) The adoption of a child, if | ||
the child is a habitual resident of a country other than the | ||
United States and the petitioner is a habitual resident of the | ||
United States, or, if the child is a habitual resident of the | ||
United States and the petitioner is a habitual resident of a | ||
country other than the United States, shall comply with the | ||
Intercountry Adoption Act of 2000, as amended, and the | ||
Immigration and Nationality Act, as amended. In the case of an | ||
intercountry adoption that requires oversight by the adoption | ||
services governed by the Intercountry Adoption Universal | ||
Accreditation Act of 2012, this State shall not impose any | ||
additional preadoption requirements. | ||
(2) The Department of Children and Family Services | ||
shall maintain the office of Intercountry Adoption | ||
Coordinator in order to maintain and protect the rights of | ||
prospective adoptive parents and children participating in | ||
an intercountry adoption and shall develop ongoing | ||
programs of support and services to such prospective | ||
adoptive parents and children. | ||
(3) In the case of an intercountry adoption of a child | ||
by an Illinois resident, the Department shall promulgate | ||
rules concerning preadoption requirements, which shall | ||
include, but not be limited to, requirements relating to |
home studies conducted by licensed child welfare agencies | ||
and requirements relating to supporting documentation | ||
concerning the prospective adoptive parent's suitability | ||
to adopt a child. | ||
(4) The Intercountry Adoption Coordinator shall | ||
determine whether all preadoption requirements have been | ||
met by a prospective adoptive parent. The Intercountry | ||
Adoption Coordinator shall also determine whether the | ||
prospective adoptive parent is suitable as the adoptive | ||
parent. In determining suitability to adopt, the | ||
Intercountry Adoption coordinator shall give considerable | ||
weight to the home study, but is not bound by it. Even if | ||
the home study is favorable, the Intercountry Adoption | ||
Coordinator must issue a denial letter if, on the basis of | ||
all the information provided, the Intercountry Adoption | ||
Coordinator finds, for a specific and articulable reason, | ||
that the prospective adoptive parent has failed to | ||
establish that he or she is suitable as the adoptive | ||
parent. | ||
(5) The Intercountry Adoption Coordinator shall issue | ||
an endorsement letter, indicating that all preadoption | ||
requirements have been met, or a denial letter, indicating | ||
the specific preadoption requirements that have not been | ||
met, no later than 21 days from receipt of the home study | ||
from the child welfare agency. If, upon receipt of the home | ||
study, the Intercountry Adoption Coordinator determines |
that more information is required before any determination | ||
can be made with respect to compliance with the preadoption | ||
requirements, the Intercountry Adoption Coordinator shall, | ||
within 7 days of receipt of the home study, provide notice | ||
describing the additional information, via facsimile or | ||
through electronic communication, to the licensed child | ||
welfare agency and the adoptive parent. Within 21 days of | ||
receipt of the additional information, the Intercountry | ||
Adoption Coordinator shall provide the child welfare | ||
agency with an endorsement letter or a denial letter. The | ||
Intercountry Adoption Coordinator shall mail a copy of the | ||
endorsement letter or denial letter to the prospective | ||
adoptive parent at the same time that the Intercountry | ||
Adoption Coordinator provides the letter to the child | ||
welfare agency. | ||
(6) If the Intercountry Adoption Coordinator issues a | ||
denial letter, a prospective adoptive parent shall have the | ||
right to a review. The Intercountry Adoption Coordinator | ||
shall include in its denial letter notification advising | ||
the prospective adoptive parent of the right to seek a | ||
review, by the Director of the Department, of the | ||
determination, if requested in writing within 30 days of | ||
receipt of the denial letter. Failure to submit such a | ||
request within 30 days waives the prospective parent's | ||
right to a review. | ||
(i) The review by the Director shall include, but |
is not limited to, a review of documentation submitted | ||
by the prospective adoptive parent and, if requested by | ||
the prospective adoptive parent, a telephone | ||
conference or a mutually convenient in-person meeting | ||
with the Director, or the Director's designated | ||
representative, to allow the prospective adoptive | ||
parent to present the facts and circumstances | ||
supporting the request for the endorsement letter. | ||
(ii) The Director shall issue a decision within 30 | ||
days of receipt of the request for review. | ||
(iii) If the Director concurs with the original | ||
denial letter of the Intercountry Adoption | ||
Coordinator, the Director's decision shall be | ||
considered a final decision and the prospective | ||
adoptive parent shall have all rights and remedies to | ||
which he or she is entitled under applicable law, | ||
including a mandamus action under Article XIV of the | ||
Code of Civil Procedure and an action under the federal | ||
Civil Rights Act, 42 U.S.C. 1983. | ||
(7) In the case of an intercountry adoption finalized | ||
in another country, where a complete and valid Order of | ||
Adoption is issued from that country to an Illinois | ||
resident, as determined by the United States Department of | ||
State, this State shall not impose any additional | ||
preadoption requirements. | ||
(8) The Department of Children and Family Services |
shall provide a report to the General Assembly, on an | ||
annual basis for the preceding year, beginning on September | ||
1 of each year after the effective date of this amendatory | ||
Act of the 98th General Assembly. The report shall provide | ||
non-identifying statistical data on the endorsement and | ||
denial letters and the requests for review of denial | ||
letters and shall contain, but not limited to, the | ||
following: | ||
(i) the number of endorsement letters issued by the | ||
Intercountry Adoption Coordinator; | ||
(ii) the number of denial letters issued by the | ||
Intercountry Adoption Coordinator; | ||
(iii) the number of requests for review of denial | ||
letters; | ||
(iv) the number of denial letter reviews which | ||
resulted in a reversal by the Director and an | ||
endorsement letter being issued; and | ||
(v) the basis of each denial letter and the basis | ||
of each reversal of the denial letter in a particular | ||
case.
| ||
(d) (Blank).
| ||
(e) Re-adoption after an intercountry adoption. | ||
(1) Any time after a minor child has been adopted in a | ||
foreign country and has immigrated to the United States, | ||
the adoptive parent or parents of the child may petition | ||
the court for a judgment of adoption to re-adopt the child |
and confirm the foreign adoption decree. | ||
(2) The petitioner must submit to the court one or more | ||
of the following to verify the foreign adoption: | ||
(i) an immigrant visa for the child issued by | ||
United States Citizenship and Immigration Services of | ||
the U.S. Department of Homeland Security that was valid | ||
at the time of the child's immigration; | ||
(ii) a decree, judgment, certificate of adoption, | ||
adoption registration, or equivalent court order, | ||
entered or issued by a court of competent jurisdiction | ||
or administrative body outside the United States, | ||
establishing the relationship of parent and child by | ||
adoption; or | ||
(iii) such other evidence deemed satisfactory by | ||
the court. | ||
(3) The child's immigrant visa shall be prima facie | ||
proof that the adoption was established in accordance with | ||
the laws of the foreign jurisdiction and met United States | ||
requirements for immigration. | ||
(4) If the petitioner submits documentation that | ||
satisfies the requirements of paragraph (2), the court | ||
shall not appoint a guardian ad litem for the minor who is | ||
the subject of the proceeding, shall not require any | ||
further termination of parental rights of the child's | ||
biological parents, nor shall it require any home study, | ||
investigation, post-placement visit, or background check |
of the petitioner. | ||
(5) The petition may include a request for change of | ||
the child's name and any other request for specific relief | ||
that is in the best interests of the child. The relief may | ||
include a request for a revised birth date for the child if | ||
supported by evidence from a medical or dental professional | ||
attesting to the appropriate age of the child or other | ||
collateral evidence. | ||
(6) Two adoptive parents who adopted a minor child | ||
together in a foreign country while married to one another | ||
may file a petition for adoption to re-adopt the child | ||
jointly, regardless of whether their marriage has been | ||
dissolved. If either parent whose marriage was dissolved | ||
has subsequently remarried or entered into a civil union | ||
with another person, the new spouse or civil union partner | ||
shall not join in the petition to re-adopt the child, | ||
unless the new spouse or civil union partner is seeking to | ||
adopt the child. If either adoptive parent does not join in | ||
the petition, he or she must be joined as a party | ||
defendant. The defendant parent's failure to participate | ||
in the re-adoption proceeding shall not affect the existing | ||
parental rights or obligations of the parent as they relate | ||
to the minor child, and the parent's name shall be placed | ||
on any subsequent birth record issued for the child as a | ||
result of the re-adoption proceeding. | ||
(7) An adoptive parent who adopted a minor child in a |
foreign country as an unmarried person may file a petition | ||
for adoption to re-adopt the child as a sole petitioner, | ||
even if the adoptive parent has subsequently married or | ||
entered into a civil union. | ||
(8) If one of the adoptive parents who adopted a minor | ||
child dies prior to a re-adoption proceeding, the deceased | ||
parent's name shall be placed on any subsequent birth | ||
record issued for the child as a result of the re-adoption | ||
proceeding. | ||
(Source: P.A. 98-455, eff. 1-1-14.)
| ||
(750 ILCS 50/5) (from Ch. 40, par. 1507)
| ||
Sec. 5. Petition, contents, verification, filing.
| ||
A. A proceeding to adopt a child, other than a related | ||
child, shall be
commenced by the filing of a petition within 30 | ||
days after such child has
become available for adoption, | ||
provided that such petition may be filed at
a later date by | ||
leave of court upon a showing that the failure to file such
| ||
petition within such 30 day period was not due to the | ||
petitioners' culpable
negligence or their wilful disregard of | ||
the provisions of this Section.
In the case of a child born | ||
outside the United States or a territory
thereof, if the | ||
prospective adoptive parents of such child have been
appointed | ||
guardians of such child by a court of competent jurisdiction in | ||
a
country other than the United States or a territory thereof, | ||
such parents
shall file a petition as provided in this Section |
within 30 days after
entry of the child into the United States. | ||
A petition to adopt an adult or a
related child may be filed at | ||
any time. A petition for adoption may include
more than one | ||
person sought to be adopted.
| ||
B. A petition to adopt a child other than a related child | ||
shall state:
| ||
(a) The full names of the petitioners and, if minors, | ||
their respective
ages;
| ||
(b) The place of residence of the petitioners and the | ||
length of
residence of each in the State of Illinois | ||
immediately preceding the filing
of the petition;
| ||
(c) When the petitioners acquired, or intend to | ||
acquire, custody of the
child, and the name and address of | ||
the persons or agency from whom the
child was or will be | ||
received;
| ||
(d) The name, the place and date of birth if known, and | ||
the sex of the
child sought to be adopted;
| ||
(e) The relationship, if any, of the child to each | ||
petitioner;
| ||
(f) The names, if known, and the place of residence, if | ||
known, of the
parents; and whether such parents are minors, | ||
or otherwise under any legal
disability. The names and | ||
addresses of the parents shall be omitted and
they shall | ||
not be made parties defendant to the petition if (1) the | ||
rights
of the parents have been terminated by a court of | ||
competent jurisdiction,
or (2) the child has been |
surrendered to an agency, or (3) the parent
or parents have | ||
been served with the notice provided in Section 12a of this
| ||
Act and said parent or parents have filed a disclaimer of | ||
paternity as
therein provided or have failed to file such | ||
declaration of paternity or a
request for notice as | ||
provided in said Section, or (4) the parent is a putative | ||
father or legal father of the child who has waived his | ||
parental rights by signing a waiver as provided in | ||
subsection S of Section 10;
| ||
(g) If it is alleged that the child has no living | ||
parent, then the name
of the guardian, if any, of such | ||
child and the court which appointed such
guardian;
| ||
(h) If it is alleged that the child has no living | ||
parent and that no
guardian of such child is known to | ||
petitioners, then the name of a near
relative, if known, | ||
shall be set forth, or an allegation that no near
relative | ||
is known and on due inquiry cannot be ascertained by | ||
petitioners;
| ||
(i) The name to be given the child or adult;
| ||
(j) That the person or agency, having authority to | ||
consent under Section
8 of this Act, has consented, or has | ||
indicated willingness to consent, to
the adoption of the | ||
child by the petitioners, or that the person having
| ||
authority to consent is an unfit person and the ground | ||
therefor, or that no
consent is required under paragraph | ||
(f) of Section 8 of this Act;
|
(k) Whatever orders, judgments or decrees have | ||
heretofore been entered
by any court affecting (1) adoption | ||
or custody of the child, or (2) the
adoptive, custodial or | ||
parental rights of either petitioner, including the
prior | ||
denial of any petition for adoption pertaining to such | ||
child, or to
the petitioners, or either of them.
| ||
C. A petition to adopt a related child shall include the | ||
information
specified in sub-paragraphs (a), (b), (d), (e), | ||
(f), (i) and (k) of
paragraph B and a petition to adopt an | ||
adult shall contain the information
required by sub-paragraphs | ||
(a), (b) and (i) of paragraph B in addition to
the name, place, | ||
date of birth and sex of such adult.
| ||
D. The petition shall be verified by the petitioners.
| ||
E. Upon the filing of the petition the petitioners shall | ||
furnish the
Clerk of the Court in which the petition is pending | ||
such information not
contained in such petition as shall be | ||
necessary to enable the Clerk of
such Court to complete a | ||
certificate of adoption as hereinafter provided.
| ||
F. A petition for standby adoption shall conform to the | ||
requirements of
this Act with respect to petition contents, | ||
verification, and filing. The
petition for standby adoption | ||
shall also state the facts concerning the consent
of the | ||
child's parent to the standby adoption. A petition for
standby | ||
adoption shall include the information in paragraph B if the | ||
petitioner
seeks to adopt a child other than a related child. A | ||
petition
for standby adoption shall include the information in |
paragraph C if the
petitioner seeks to adopt a related child or | ||
adult.
| ||
G. A petition for adoption to re-adopt a child after an | ||
intercountry adoption shall include the information specified | ||
in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of | ||
paragraph B. | ||
(Source: P.A. 97-493, eff. 8-22-11.)
| ||
(750 ILCS 50/13) (from Ch. 40, par. 1516)
| ||
Sec. 13. Interim order. As soon as practicable after the | ||
filing of a
petition for adoption the court shall hold a | ||
hearing for the following
purposes:
| ||
A. In other than an adoption of a related child or an | ||
adoption through
an agency, or of an adult:
| ||
(a) To determine the validity of the consent, provided | ||
that the
execution of a consent pursuant to this Act shall | ||
be prima facie evidence
of its validity, and provided that | ||
the validity of a consent shall not be
affected by the | ||
omission therefrom of the names of the petitioners or
| ||
adopting parents at the time the consent is executed or | ||
acknowledged, and
further provided that the execution of a | ||
consent prior to the filing of a
petition for adoption | ||
shall not affect its validity.
| ||
(b) To determine whether there is available suitable | ||
temporary custodial
care for a child sought to be adopted.
| ||
B. In all cases except standby adoptions and re-adoptions :
|
(a) The court shall appoint some licensed attorney | ||
other than the State's
attorney acting in his or her | ||
official capacity as guardian ad
litem to represent a child | ||
sought to be adopted. Such guardian ad litem
shall have | ||
power to consent to the adoption of the child, if such | ||
consent
is required.
| ||
(b) The court shall appoint a guardian ad litem for all | ||
named minors or
defendants who are persons under legal | ||
disability, if any.
| ||
(c) If the petition alleges a person to be unfit | ||
pursuant to the
provisions of subparagraph (p) of paragraph | ||
D of Section 1 of this Act,
such person shall be | ||
represented by counsel. If such person is indigent
or an | ||
appearance has not been entered on his behalf at the time | ||
the matter
is set for hearing, the court shall appoint as | ||
counsel for him either the
Guardianship and Advocacy | ||
Commission, the public defender, or, only if no
attorney | ||
from the Guardianship and Advocacy Commission or the public | ||
defender
is available, an attorney licensed to practice law | ||
in this State.
| ||
(d) If it is proved to the satisfaction of the court, | ||
after such
investigation as the court deems necessary, that | ||
termination of parental
rights and temporary commitment of | ||
the child to an agency or to a person
deemed competent by | ||
the court, including petitioners, will be for the
welfare | ||
of the child, the court may order the child to be so |
committed and
may terminate the parental rights of the | ||
parents and declare the child a
ward of the court or, if it | ||
is not so proved, the court may enter such
other order as | ||
it shall deem necessary and advisable.
| ||
(e) Before an interim custody order is granted under | ||
this
Section,
service of
summons shall be had upon the | ||
parent or parents whose rights have not been
terminated, | ||
except as provided in subsection (f). Reasonable notice and
| ||
opportunity to be heard shall be given to
the
parent or | ||
parents after service of summons when the address of the | ||
parent or
parents is available. The party seeking an | ||
interim custody order shall make
all reasonable efforts to | ||
locate the parent or parents of the child or children
they | ||
are seeking to adopt and to notify the parent or parents of | ||
the party's
request for an interim custody order pursuant | ||
to this Section.
| ||
(f) An interim custody order may be granted without | ||
notice upon
presentation to the court of a written | ||
petition, accompanied by an affidavit,
stating that
there | ||
is an immediate danger to the child and that irreparable | ||
harm will result
to the child if notice is given to the | ||
parent or parents or legal guardian.
Upon making a finding | ||
that there is an immediate danger to the child if
service | ||
of process is had upon and notice of hearing is given to | ||
the parent or
parents or
legal guardian prior to the entry | ||
of an order granting temporary custody to
someone other |
than a parent or legal guardian, the court may enter an | ||
order of
temporary custody which shall expire not more than | ||
10 days after its entry.
Every ex parte custody order | ||
granted without notice shall state the injury
which the | ||
court sought to avoid by granting the order, the | ||
irreparable injury
that would have occurred had notice been | ||
given, and the reason the order was
granted without notice.
| ||
The matter shall be set down for full hearing before the | ||
expiration of the ex
parte order and will be heard after | ||
service of summons is had upon and notice
of hearing is | ||
given to the parent or parents or legal guardian.
At the | ||
hearing the burden of proof shall be upon the party seeking | ||
to extend
the interim custody order to show that the order | ||
was properly granted without
notice and that custody should | ||
remain with the party seeking to adopt during
the pendency | ||
of the adoption proceeding. If the interim custody order is
| ||
extended, the reasons for granting the extension shall be | ||
stated in the
order.
| ||
C. In the case of a child born outside the United States or | ||
a
territory thereof, if the petitioners have previously been | ||
appointed
guardians of such child by a court of competent | ||
jurisdiction in a country
other than the United States or a | ||
territory thereof, the court may order
that the petitioners | ||
continue as guardians of such child.
| ||
D. In standby adoption cases:
| ||
(a) The court shall appoint a licensed attorney other |
than the State's
Attorney
acting in his or her official | ||
capacity as guardian ad litem to represent a
child sought | ||
to be
adopted. The guardian ad litem shall have power to | ||
consent to the adoption of
the child,
if consent is | ||
required.
| ||
(b) The court shall appoint a guardian ad litem for all | ||
named minors or
defendants
who are persons under legal | ||
disability, if any.
| ||
(c) The court lacks jurisdiction to proceed on the | ||
petition for standby
adoption if the child has a living | ||
parent, adoptive parent, or adjudicated
parent whose | ||
rights have not been terminated and whose whereabouts are | ||
known,
unless the parent consents to the standby adoption | ||
or, after
receiving notice of the hearing on the standby | ||
adoption petition, fails to
object to the appointment of a | ||
standby adoptive parent at the
hearing on the petition.
| ||
(d) The court shall investigate as needed for the | ||
welfare of the child and
shall
determine whether the | ||
petitioner or petitioners shall be permitted to adopt.
| ||
(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, | ||
eff.
1-1-00.)
| ||
(750 ILCS 50/18.9 new) | ||
Sec. 18.9. Post-placement and post-adoption support | ||
services. | ||
(a) It is the public policy of this State to find |
permanency for children through adoption and to prevent | ||
placement disruption, adoption dissolution, and secondary | ||
placement. Access to post-placement and post-adoption support | ||
services to provide support and resources for wards of the | ||
State, foster families, and adoptive families is essential to | ||
promote permanency. Public awareness of post-placement and | ||
post-adoption services and the ability of families to utilize | ||
effective services are essential to permanency. | ||
(b) The Department shall establish and maintain | ||
post-placement and post-adoption support services. | ||
(c) The Department shall post information about the | ||
Department's post-placement and post-adoption support services | ||
on the Department's website and shall provide the information | ||
to every licensed child welfare agency, every out of State | ||
placement agency or entity approved under Section 4.1 of this | ||
Act, and any entity providing adoption support services in the | ||
Illinois courts. The Department's post-placement and | ||
post-adoption support services shall be referenced in | ||
information regarding adoptive parents' rights and | ||
responsibilities that the Department publishes and provides to | ||
adoptive parents under this Act. The Department shall establish | ||
and maintain a toll-free number to advise the public about its | ||
post-placement and post-adoption support services and post the | ||
number on its website. | ||
(d) Every licensed child welfare agency, every entity | ||
approved under Section 4.1 of this Act, and any entity |
providing adoption support services in the Illinois courts | ||
shall provide the Department's website address and link to the | ||
Department's post-placement and post-adoption services | ||
information set forth in subsection (c) of this Section, | ||
including the Department's toll-free number, to every adoptive | ||
parent with whom they work in Illinois. This information shall | ||
be provided prior to placement. | ||
(e) Beginning one year after the effective date of this | ||
amendatory Act of the 99th General Assembly, the Department | ||
shall report annually to the General Assembly on January 15 the | ||
following information for the preceding year: | ||
(1) a description of all post-placement and | ||
post-adoption support services the Department provides; | ||
(2) without identifying the names of the recipients of | ||
the services, the number of foster parents, prospective | ||
adoptive parents, and adoptive families in Illinois who | ||
have received the Department's post-placement and | ||
post-adoption support services and the type of services | ||
provided; | ||
(3) the number of families who have contacted the | ||
Department about its post-placement and post-adoption | ||
services due to a potential placement disruption, adoption | ||
dissolution, secondary placement, or unregulated | ||
placement, but for whom the Department declined to provide | ||
post-placement and post-adoption support services and the | ||
reasons that services were denied; and |
(4) the number of placement disruptions, adoption | ||
dissolutions, unregulated placements, and secondary | ||
placements, and for each one: | ||
(A) the type of placement or adoption, including | ||
whether the child who was the subject of the placement | ||
was a ward of the Department, and if the child was not | ||
a ward, whether the adoption was a private, agency, | ||
agency-assisted, interstate, or intercountry adoption; | ||
(B) if the placement or adoption was intercountry, | ||
the country of birth of the child; | ||
(C) whether the child who was the subject of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement entered | ||
State custody; | ||
(D) the length of the placement prior to the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(E) the age of the child at the time of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(F) the reason, if known, for the placement | ||
disruption, adoption dissolution, unregulated | ||
placement, or secondary placement; and | ||
(G) if a licensed child welfare agency or any | ||
approved out of State placing entity participated in | ||
the initial placement, and, if applicable, the name of |
the agency or approved out of State placing entity.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |