Rep. Dan Brady

Filed: 3/16/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1149

2    AMENDMENT NO. ______. Amend House Bill 1149 as follows:
 
3on page 1, line 16, by replacing "Immigration and
4Naturalization Service" with "Citizenship and Immigration
5Services Immigration and Naturalization Service"; and
 
6on page 1, line 22, by replacing "Immigration and
7Naturalization Service" with "Citizenship and Immigration
8Services Immigration and Naturalization Service"; and
 
9on page 2, line 9, by replacing "Immigration and Naturalization
10Service" with "Citizenship and Immigration Services
11Immigration and Naturalization Service"; and
 
12on page 2, line 14, by replacing "Immigration and
13Naturalization Service" with "Citizenship and Immigration
14Services Immigration and Naturalization Service"; and
 

 

 

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1on page 4, immediately below line 3, by inserting the
2following:
 
3    "Section 10. The Adoption Act is amended by changing
4Section 18.05 as follows:
 
5    (750 ILCS 50/18.05)
6    Sec. 18.05. The Illinois Adoption Registry and Medical
7Information Exchange.
8    (a) General function. Subject to appropriation, the
9Department of Public Health shall administer the Illinois
10Adoption Registry and Medical Information Exchange in the
11manner outlined in subsections (b) and (c) for the purpose of
12facilitating the voluntary exchange of identifying and medical
13information between mutually consenting members of birth and
14adoptive families. The Department shall establish rules for the
15confidential operation of the Illinois Adoption Registry. The
16Department shall appoint an OBC-Access Public Information
17Campaign Oversight Committee comprised of, but not limited to,
18representatives of the Department of Public Health and the
19Department of Children and Family Services, as well as
20representatives of the organizations that serve, as of the
21effective date of this amendatory Act of the 96th General
22Assembly, on the Illinois Adoption Registry Advisory Council or
23the Confidential Intermediary Advisory Council. On and after

 

 

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1the effective date of this amendatory Act of the 96th General
2Assembly, the OBC-Access Public Information Campaign Oversight
3Committee shall develop and ensure the timely implementation of
4a year-long, nationwide campaign to be conducted from November
51, 2010, through October 31, 2011, for the express purpose of
6informing the public in earnest about the conditions under
7which an adult adopted or surrendered person may receive a
8non-certified copy of his or her original birth certificate,
9and the procedures pursuant to which a birth parent may file a
10Birth Parent Preference Form to express his or her wishes with
11respect to contact with a surrendered son or daughter and the
12release of identifying information that appears on the original
13birth certificate. This year-long informational campaign shall
14include, but not be limited to:
15        (1) Public service announcements to be distributed to
16    local and national radio and television stations.
17        (2) Notices to be distributed throughout Illinois to
18    physicians' offices, religious institutions, social
19    welfare organizations, retirement homes, and other
20    entities capable of reaching individuals who may be
21    impacted by this change in the law.
22        (3) An informational website exclusively devoted to
23    providing the general public with information about the new
24    law as well as other forms of free electronic media.
25        (4) Press releases to be distributed to local and
26    national radio and television stations, as well as to

 

 

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1    relevant websites.
2        (5) Announcements about the new law to be posted on the
3    websites of all adoption agencies licensed in the State.
4        (6) Notices accompanying every vehicle registration
5    renewal application issued by the Secretary of State's
6    office between October 31, 2010, and November 1, 2011.
7        (7) Notices enclosed with driver's license renewal
8    applications issued by the Secretary of State's office
9    beginning 30 days after the effective date of this
10    amendatory Act of the 96th General Assembly and through
11    November 30, 2014.
12    The Illinois Adoption Registry shall also maintain an
13informational Internet site where interested parties may
14access information about the Illinois Adoption Registry and
15Medical Information Exchange and download all necessary
16application forms. The Illinois Adoption Registry shall
17maintain statistical records regarding Registry participation
18and publish and circulate to the public informational material
19about the function and operation of the Registry.
20    (b) Establishment of the Adoption/Surrender Records File.
21When a person has voluntarily registered with the Illinois
22Adoption Registry and completed an Illinois Adoption Registry
23Application or a Registration Identification Form, the
24Registry shall establish a new Adoption/Surrender Records
25File. Such file may concern an adoption that was finalized by a
26court action in the State of Illinois, an adoption of a person

 

 

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1born in Illinois finalized by a court action in a state other
2than Illinois or in a foreign country, a surrender taken in the
3State of Illinois, or an adoption filed according to Section
416.1 of the Vital Records Act under a Record of Foreign Birth
5that was not finalized by a court action in the State of
6Illinois. Such file may be established for adoptions or
7surrenders finalized prior to as well as after the effective
8date of this amendatory Act. A file may be created in any
9manner to preserve documents including but not limited to
10microfilm, optical imaging, or electronic documents.
11    (c) Contents of the Adoption/Surrender Records File. An
12established Adoption/Surrender Records File shall be limited
13to the following items, to the extent that they are available:
14        (1) The General Information Section and Medical
15    Information Exchange Questionnaire of any Illinois
16    Adoption Registry Application or a Registration
17    Identification Form which has been voluntarily completed
18    by any registered party.
19        (2) Any photographs voluntarily provided by any
20    registrant for any other registered party at the time of
21    registration or any time thereafter. All such photographs
22    shall be submitted in an unsealed envelope no larger than 8
23    1/2" x 11", and shall not include identifying information
24    pertaining to any person other than the registrant who
25    submitted them. Any such identifying information shall be
26    redacted by the Department or the information shall be

 

 

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1    returned for removal of identifying information.
2        (3) Any Information Exchange Authorization, Denial of
3    Information Exchange, or Birth Parent Preference Form
4    which has been filed by a registrant.
5        (4) For all adoptions finalized after January 1, 2000,
6    copies of the original certificate of live birth and the
7    certificate of adoption.
8        (5) Any updated address submitted by any registered
9    party about himself or herself.
10        (6) Any proof of death that has been submitted by a
11    registrant.
12        (7) Any birth certificate that has been submitted by a
13    registrant.
14        (8) Any marriage certificate that has been submitted by
15    a registrant.
16        (9) Any proof of guardianship that has been submitted
17    by a registrant.
18        (10) Any Request for a Non-Certified Copy of an
19    Original Birth Certificate that has been filed with the
20    Registry by an adult adopted or surrendered person or by a
21    surviving adult child or surviving spouse of a deceased
22    adopted or surrendered person who has registered with the
23    Registry.
24    (d) An established Adoption/Surrender Records File for an
25adoption filed in Illinois under a Record of Foreign Birth that
26was not finalized in a court action in the State of Illinois

 

 

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1shall be limited to the following items submitted to the State
2Registrar of Vital Records under Section 16.1 of the Vital
3Records Act, to the extent that they are available:
4        (1) Evidence as to the child's birth date and
5    birthplace (including the country of birth and, if
6    available, the city and province of birth) provided by the
7    original birth certificate, or by a certified copy,
8    extract, or translation thereof or by other document
9    essentially equivalent thereto (the records of the U.S.
10    Citizenship and Immigration Services or of the U.S.
11    Department of State to be considered essentially
12    equivalent thereto).
13        (2) A certified copy, extract, or translation of the
14    adoption decree or other document essentially equivalent
15    thereto (the records of the U.S. Citizenship and
16    Immigration Services or of the U.S. Department of State to
17    be considered essentially equivalent thereto).
18        (3) A copy of the IR-3 or IH-3 visa.
19        (4) The name and address of the adoption agency that
20    handled the adoption.
21(Source: P.A. 95-331, eff. 8-21-07; 96-895, eff. 5-21-10.)".