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Public Act 100-0406 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by | ||||
changing Section 12 as follows:
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(225 ILCS 10/12) (from Ch. 23, par. 2222)
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Sec. 12. Advertisements.
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(a) In this Section, "advertise" means communication by any | ||||
public medium originating or distributed in this State, | ||||
including, but not limited to, newspapers, periodicals, | ||||
telephone book listings, outdoor advertising signs, radio, or | ||||
television. | ||||
(b) A child care facility or child welfare agency licensed | ||||
or operating under a permit issued by the Department may | ||||
publish advertisements for the services that the facility is | ||||
specifically licensed or issued a permit under this Act to | ||||
provide. A person, group of persons, agency, association, | ||||
organization, corporation, institution, center, or group who | ||||
advertises or causes to be published any advertisement | ||||
offering, soliciting, or promising to perform adoption | ||||
services as defined in Section 2.24 of this Act is guilty of a | ||||
Class A misdemeanor and shall be subject to a fine not to | ||||
exceed $10,000 or 9 months imprisonment for each advertisement, |
unless that person, group of persons, agency, association, | ||
organization, corporation, institution, center, or group is | ||
(i) licensed or operating under a permit issued by the | ||
Department as a child care facility or child welfare agency, | ||
(ii) a biological parent or a prospective adoptive parent | ||
acting on his or her own behalf, or (iii) a licensed attorney | ||
advertising his or her availability to provide legal services | ||
relating to adoption, as permitted by law. | ||
(c) Every advertisement published after the effective date | ||
of this amendatory Act of the 94th General Assembly shall | ||
include the Department-issued license number of the facility or | ||
agency. | ||
(d) Any licensed child welfare agency providing adoption | ||
services that, after the effective date of this amendatory Act | ||
of the 94th General Assembly, causes to be published an | ||
advertisement containing reckless or intentional | ||
misrepresentations concerning adoption services or | ||
circumstances material to the placement of a child for adoption | ||
is guilty of a Class A misdemeanor and is subject to a fine not | ||
to exceed $10,000 or 9 months imprisonment for each | ||
advertisement.
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(e) An out-of-state agency that is not licensed in Illinois | ||
and that has a written interagency agreement with one or more | ||
Illinois licensed child welfare agencies may advertise under | ||
this Section, provided that (i) the out-of-state agency must be | ||
officially recognized by the United States Internal Revenue |
Service as a tax-exempt organization under 501(c)(3) of the | ||
Internal Revenue Code of 1986 (or any successor provision of | ||
federal tax law), (ii) the out-of-state agency provides only | ||
international adoption services and is covered by the | ||
Intercountry Adoption Act of 2000, (iii) the out-of-state | ||
agency displays, in the
advertisement, the license number of at | ||
least one of the Illinois licensed child welfare agencies with | ||
which it has a written agreement, and (iv) the advertisements | ||
pertain only to international adoption services. Subsection | ||
(d) of this Section shall apply to any out-of-state agencies | ||
described in this subsection (e).
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(f) An advertiser, publisher, or broadcaster, including, | ||
but not limited to, newspapers, periodicals, telephone book | ||
publishers, outdoor advertising signs, radio stations, or | ||
television stations, who knowingly or recklessly advertises or | ||
publishes any advertisement offering, soliciting, or promising | ||
to perform adoption services, as defined in Section 2.24 of | ||
this Act, on behalf of a person, group of persons, agency, | ||
association, organization, corporation, institution, center, | ||
or group, not authorized to advertise under subsection (b) or | ||
subsection (e) of this Section, is guilty of a Class A | ||
misdemeanor and is subject to a fine not to exceed $10,000 or 9 | ||
months imprisonment for each advertisement. | ||
(g) The Department shall maintain a website listing child | ||
welfare agencies licensed by the Department that provide | ||
adoption services and other general information for biological |
parents and adoptive parents. The website shall include, but | ||
not be limited to, agency addresses, phone numbers, e-mail | ||
addresses, website addresses, annual reports as referenced in | ||
Section 7.6 of this Act, agency license numbers, the Birth | ||
Parent Bill of Rights, the Adoptive Parents Bill of Rights, and | ||
the Department's complaint registry established under Section | ||
9.1a of this Act. The Department shall adopt any rules | ||
necessary to implement this Section.
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(h) Nothing in this Act shall prohibit a day care agency, | ||
day care center, day care home, or group day care home that | ||
does not provide or perform adoption services, as defined in | ||
Section 2.24 of this Act, from advertising or marketing the day | ||
care agency, day care center, day care home, or group day care | ||
home. | ||
(Source: P.A. 94-586, eff. 8-15-05.)
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Section 10. The Abused and Neglected Child Reporting Act is | ||
amended by adding Section 7.4a as follows: | ||
(325 ILCS 5/7.4a new) | ||
Sec. 7.4a. Domestic violence co-location program. | ||
(a) As used in this Section: | ||
"Domestic violence co-location program" means a program, | ||
administered in partnership with a co-location program | ||
management entity, where domestic violence advocates who are | ||
trained in domestic violence services and employed through a |
domestic violence provider are assigned to work in a field | ||
office of the Department of Children and Family Services | ||
alongside and in collaboration with child welfare | ||
investigators and caseworkers working with families where | ||
there are indicators of domestic violence. | ||
"Domestic violence" has the meaning ascribed to it in the | ||
Illinois Domestic Violence Act of 1986. | ||
"Co-location program management entity" means the | ||
organization that partners with the Department to administer | ||
the domestic violence co-location program. | ||
(b) Subject to appropriations or the availability of other | ||
funds for this purpose, the Department may implement a 5-year | ||
pilot program of a domestic violence co-location program. The | ||
domestic violence co-location program shall be designed to | ||
improve child welfare interventions provided to families | ||
experiencing domestic violence in part by enhancing the safety | ||
and stability of children, reducing the number of children | ||
removed from their parents, and improving outcomes for children | ||
within their families through a strength-based and | ||
trauma-informed collaborative support program. The pilot | ||
program shall occur in no fewer than 3 Department offices. | ||
Additional sites may be added during the pilot program, and the | ||
pilot program may be expanded and converted into a permanent | ||
statewide program. | ||
(c) The Department shall adopt rules and procedures and | ||
shall develop and facilitate training for the effective |
implementation of the domestic violence co-location program. | ||
The Department shall adopt rules on the qualification | ||
requirements for domestic violence advocates participating in | ||
the pilot program. | ||
(d) The Department shall track, collect, report on, and | ||
share data about domestic violence-affected families, | ||
including, but not limited to, data related to hotline calls, | ||
investigations, protective custody, cases referred to the | ||
juvenile court, and outcomes of the domestic violence | ||
co-location program. | ||
(e) The Department may arrange for an independent, | ||
evidence-based evaluation of the domestic violence co-location | ||
program authorized and implemented under this Section to | ||
determine whether it is meeting its goals. The independent | ||
evidence-based evaluation may include, but is not limited to, | ||
data regarding: (i) the number of children removed from their | ||
parents; (ii) the number of children who remain with the | ||
non-offending parent; (iii) the number of indicated and | ||
unfounded investigative findings and corresponding allegations | ||
of maltreatment for the non-offending parent and domestic | ||
violence perpetrator; (iv) the number of referrals to the | ||
co-located domestic violence advocates; (v) the number of | ||
referrals for services; and (vi) the number of months that | ||
children remained in foster care whose cases involved the | ||
co-located domestic violence advocate. | ||
(f) Following the expiration of the 5-year pilot program or |
prior to the expiration of the pilot program, if there is | ||
evidence that the pilot program is effective, the domestic | ||
violence co-location program may expand into each county, | ||
investigative office of the Department of Children and Family | ||
Services, or purchase of service or other contracted private | ||
agency delivering intact family or foster care services in | ||
Illinois. | ||
(g) Nothing in this Section shall be construed to breach | ||
the confidentiality protections provided under State law to | ||
domestic violence professionals, including co-located domestic | ||
violence advocates, in the provision of services to domestic | ||
violence victims as employees of domestic violence agencies or | ||
to any individual who receives services from domestic violence | ||
agencies.
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Section 15. If and only if House Bill 1785 of the 100th | ||
General Assembly becomes law, then the Vital Records Act is | ||
amended by changing Section 17 as follows:
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(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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Sec. 17. (1) For a person born in this State, the State | ||
Registrar of Vital
Records shall establish a new certificate of | ||
birth when he receives any of
the following:
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(a) A certificate of adoption as provided in Section 16 | ||
or a certified
copy of the order of adoption together with | ||
the information necessary to
identify the original |
certificate of birth and to establish the new
certificate | ||
of birth; except that a new certificate of birth shall not | ||
be
established if so requested by the court ordering the | ||
adoption, the
adoptive parents, or the adopted person.
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(b) A certificate of adoption or a certified copy of | ||
the order of
adoption entered in a court of competent | ||
jurisdiction of any other state or
country declaring | ||
adopted a child born in the State of Illinois, together
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with the information necessary to identify the original | ||
certificate of
birth and to establish the new certificate | ||
of birth; except that a new
certificate of birth shall not | ||
be established if so requested by the court
ordering the | ||
adoption, the adoptive parents, or the adopted person.
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(c) A request that a new certificate be established and | ||
such evidence as
required by regulation proving that such | ||
person has been legitimatized, or
that the circuit court, | ||
the Department of Healthcare and Family Services (formerly
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Illinois Department of Public Aid), or
a court or | ||
administrative agency of any other state
has established
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the paternity of such a person
by judicial or | ||
administrative processes or by voluntary acknowledgment,
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which is accompanied by the social security
numbers of all | ||
persons determined and presumed to be the parents.
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(d) A declaration by a licensed health care | ||
professional or licensed mental health professional who | ||
has treated or evaluated a person stating that the
person |
has undergone treatment that is clinically appropriate for | ||
that individual for the purpose of gender transition, based | ||
on contemporary medical standards, or that the individual | ||
has an intersex condition, and that the sex designation on | ||
such
person's birth record should therefore be changed. The | ||
information in the declaration shall be proved by the | ||
licensed health care professional or licensed mental | ||
health professional signing and dating it in substantially | ||
the following form: "I declare (or certify, verify, or | ||
state) under penalty of perjury that the foregoing is true | ||
and correct. Executed on (date).". The new certificate of | ||
birth shall reflect any legal name change, so long as the | ||
appropriate documentation of the name change is submitted.
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Each request for a new certificate of birth shall be | ||
accompanied by a fee
of $15 and entitles the applicant to one | ||
certification or certified copy
of the new certificate. If the | ||
request is for additional copies, it shall
be accompanied by a | ||
fee of $2 for each additional certification or certified
copy.
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(2) When a new certificate of birth is established, the | ||
actual place and
date of birth shall be shown; provided, in the | ||
case of adoption of a person
born in this State by parents who | ||
were residents of this State at the time
of the birth of the | ||
adopted person, the place of birth may be shown as the
place of | ||
residence of the adoptive parents at the time of such person's
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birth, if specifically requested by them, and any new | ||
certificate of birth
established prior to the effective date of |
this amendatory Act may be
corrected accordingly if so | ||
requested by the adoptive parents or the
adopted person when of | ||
legal age. The social security numbers of the
parents shall not | ||
be recorded on the certificate of birth. The social
security | ||
numbers may only be used for purposes allowed under federal | ||
law.
The new certificate shall be substituted for the original | ||
certificate of birth:
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(a) Thereafter, the original certificate and the | ||
evidence of adoption,
paternity, legitimation, or change | ||
of sex designation shall not be subject to inspection
or | ||
certification except upon order of the circuit court, | ||
request of the person named on the certificate of birth , or
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as provided by regulation. If the new certificate was | ||
issued subsequent to an adoption, then the evidence of | ||
adoption is not subject to inspection or certification | ||
except upon order of the circuit court or as provided by | ||
rule, and the original certificate shall not be subject to | ||
inspection until the adopted person has reached the age of | ||
21; thereafter, the original certificate shall be made | ||
available as provided by Section 18.1b of the Adoption Act , | ||
and nothing in this subsection shall impede or prohibit | ||
access to the original birth certificate under Section | ||
18.1b of the Adoption Act .
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(b) Upon receipt of notice of annulment of adoption, | ||
the original
certificate of birth shall be restored to its | ||
place in the files, and the
new certificate and evidence |
shall not be subject to inspection or
certification except | ||
upon order of the circuit court.
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(3) If no certificate of birth is on file for the person | ||
for whom a new
certificate is to be established under this | ||
Section, a delayed record of
birth shall be filed with the | ||
State Registrar of Vital Records as provided
in Section 14 or | ||
Section 15 of this Act before a new certificate of birth
is | ||
established, except that when the date and place of birth and | ||
parentage
have been established in the adoption proceedings, a | ||
delayed record shall
not be required.
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(4) When a new certificate of birth is established by the | ||
State
Registrar of Vital Records, all copies of the original | ||
certificate of birth
in the custody of any custodian of | ||
permanent local records in this State
shall be transmitted to | ||
the State Registrar of Vital Records as directed,
and shall be | ||
sealed from inspection except as provided by Section 18.1b of | ||
the Adoption Act.
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(5) Nothing in this Section shall be construed to prohibit | ||
the amendment
of a birth certificate in accordance with | ||
subsection (6) of Section 22.
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(Source: P.A. 97-110, eff. 7-14-11; 100HB1785eng.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2018, except that Section 15 takes effect upon becoming law | ||
or on the date House Bill 1785 of the 100th General Assembly | ||
takes effect, whichever is later. |