98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1297

 

Introduced , by Rep. Pam Roth

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/1  from Ch. 40, par. 1501
750 ILCS 50/4.1  from Ch. 40, par. 1506

    Amends the Adoption Act. Eliminates the definition and function of the Intercountry Adoption Coordinator in the Department of Children and Family Services.


LRB098 00245 AJO 30249 b

 

 

A BILL FOR

 

HB1297LRB098 00245 AJO 30249 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Sections
51 and 4.1 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood or marriage:
14parent, grand-parent, brother, sister, step-parent,
15step-grandparent, step-brother, step-sister, uncle, aunt,
16great-uncle, great-aunt, or cousin of first degree. A child
17whose parent has executed a final irrevocable consent to
18adoption or a final irrevocable surrender for purposes of
19adoption, or whose parent has had his or her parental rights
20terminated, is not a related child to that person, unless the
21consent is determined to be void or is void pursuant to
22subsection O of Section 10.
23    C. "Agency" for the purpose of this Act means a public

 

 

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1child welfare agency or a licensed child welfare agency.
2    D. "Unfit person" means any person whom the court shall
3find to be unfit to have a child, without regard to the
4likelihood that the child will be placed for adoption. The
5grounds of unfitness are any one or more of the following,
6except that a person shall not be considered an unfit person
7for the sole reason that the person has relinquished a child in
8accordance with the Abandoned Newborn Infant Protection Act:
9        (a) Abandonment of the child.
10        (a-1) Abandonment of a newborn infant in a hospital.
11        (a-2) Abandonment of a newborn infant in any setting
12    where the evidence suggests that the parent intended to
13    relinquish his or her parental rights.
14        (b) Failure to maintain a reasonable degree of
15    interest, concern or responsibility as to the child's
16    welfare.
17        (c) Desertion of the child for more than 3 months next
18    preceding the commencement of the Adoption proceeding.
19        (d) Substantial neglect of the child if continuous or
20    repeated.
21        (d-1) Substantial neglect, if continuous or repeated,
22    of any child residing in the household which resulted in
23    the death of that child.
24        (e) Extreme or repeated cruelty to the child.
25        (f) There is a rebuttable presumption, which can be
26    overcome only by clear and convincing evidence, that a

 

 

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1    parent is unfit if:
2            (1) Two or more findings of physical abuse have
3        been entered regarding any children under Section 2-21
4        of the Juvenile Court Act of 1987, the most recent of
5        which was determined by the juvenile court hearing the
6        matter to be supported by clear and convincing
7        evidence; or
8            (2) The parent has been convicted or found not
9        guilty by reason of insanity and the conviction or
10        finding resulted from the death of any child by
11        physical abuse; or
12            (3) There is a finding of physical child abuse
13        resulting from the death of any child under Section
14        2-21 of the Juvenile Court Act of 1987.
15            No conviction or finding of delinquency pursuant
16        to Article 5 of the Juvenile Court Act of 1987 shall be
17        considered a criminal conviction for the purpose of
18        applying any presumption under this item (f).
19        (g) Failure to protect the child from conditions within
20    his environment injurious to the child's welfare.
21        (h) Other neglect of, or misconduct toward the child;
22    provided that in making a finding of unfitness the court
23    hearing the adoption proceeding shall not be bound by any
24    previous finding, order or judgment affecting or
25    determining the rights of the parents toward the child
26    sought to be adopted in any other proceeding except such

 

 

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1    proceedings terminating parental rights as shall be had
2    under either this Act, the Juvenile Court Act or the
3    Juvenile Court Act of 1987.
4        (i) Depravity. Conviction of any one of the following
5    crimes shall create a presumption that a parent is depraved
6    which can be overcome only by clear and convincing
7    evidence: (1) first degree murder in violation of paragraph
8    1 or 2 of subsection (a) of Section 9-1 of the Criminal
9    Code of 1961 or conviction of second degree murder in
10    violation of subsection (a) of Section 9-2 of the Criminal
11    Code of 1961 of a parent of the child to be adopted; (2)
12    first degree murder or second degree murder of any child in
13    violation of the Criminal Code of 1961; (3) attempt or
14    conspiracy to commit first degree murder or second degree
15    murder of any child in violation of the Criminal Code of
16    1961; (4) solicitation to commit murder of any child,
17    solicitation to commit murder of any child for hire, or
18    solicitation to commit second degree murder of any child in
19    violation of the Criminal Code of 1961; (5) predatory
20    criminal sexual assault of a child in violation of Section
21    11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
22    heinous battery of any child in violation of the Criminal
23    Code of 1961; or (7) aggravated battery of any child in
24    violation of the Criminal Code of 1961.
25        There is a rebuttable presumption that a parent is
26    depraved if the parent has been criminally convicted of at

 

 

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1    least 3 felonies under the laws of this State or any other
2    state, or under federal law, or the criminal laws of any
3    United States territory; and at least one of these
4    convictions took place within 5 years of the filing of the
5    petition or motion seeking termination of parental rights.
6        There is a rebuttable presumption that a parent is
7    depraved if that parent has been criminally convicted of
8    either first or second degree murder of any person as
9    defined in the Criminal Code of 1961 within 10 years of the
10    filing date of the petition or motion to terminate parental
11    rights.
12        No conviction or finding of delinquency pursuant to
13    Article 5 of the Juvenile Court Act of 1987 shall be
14    considered a criminal conviction for the purpose of
15    applying any presumption under this item (i).
16        (j) Open and notorious adultery or fornication.
17        (j-1) (Blank).
18        (k) Habitual drunkenness or addiction to drugs, other
19    than those prescribed by a physician, for at least one year
20    immediately prior to the commencement of the unfitness
21    proceeding.
22        There is a rebuttable presumption that a parent is
23    unfit under this subsection with respect to any child to
24    which that parent gives birth where there is a confirmed
25    test result that at birth the child's blood, urine, or
26    meconium contained any amount of a controlled substance as

 

 

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1    defined in subsection (f) of Section 102 of the Illinois
2    Controlled Substances Act or metabolites of such
3    substances, the presence of which in the newborn infant was
4    not the result of medical treatment administered to the
5    mother or the newborn infant; and the biological mother of
6    this child is the biological mother of at least one other
7    child who was adjudicated a neglected minor under
8    subsection (c) of Section 2-3 of the Juvenile Court Act of
9    1987.
10        (l) Failure to demonstrate a reasonable degree of
11    interest, concern or responsibility as to the welfare of a
12    new born child during the first 30 days after its birth.
13        (m) Failure by a parent (i) to make reasonable efforts
14    to correct the conditions that were the basis for the
15    removal of the child from the parent, or (ii) to make
16    reasonable progress toward the return of the child to the
17    parent within 9 months after an adjudication of neglected
18    or abused minor under Section 2-3 of the Juvenile Court Act
19    of 1987 or dependent minor under Section 2-4 of that Act,
20    or (iii) to make reasonable progress toward the return of
21    the child to the parent during any 9-month period after the
22    end of the initial 9-month period following the
23    adjudication of neglected or abused minor under Section 2-3
24    of the Juvenile Court Act of 1987 or dependent minor under
25    Section 2-4 of that Act. If a service plan has been
26    established as required under Section 8.2 of the Abused and

 

 

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1    Neglected Child Reporting Act to correct the conditions
2    that were the basis for the removal of the child from the
3    parent and if those services were available, then, for
4    purposes of this Act, "failure to make reasonable progress
5    toward the return of the child to the parent" includes (I)
6    the parent's failure to substantially fulfill his or her
7    obligations under the service plan and correct the
8    conditions that brought the child into care within 9 months
9    after the adjudication under Section 2-3 or 2-4 of the
10    Juvenile Court Act of 1987 and (II) the parent's failure to
11    substantially fulfill his or her obligations under the
12    service plan and correct the conditions that brought the
13    child into care during any 9-month period after the end of
14    the initial 9-month period following the adjudication
15    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
16    Notwithstanding any other provision, when a petition or
17    motion seeks to terminate parental rights on the basis of
18    item (iii) of this subsection (m), the petitioner shall
19    file with the court and serve on the parties a pleading
20    that specifies the 9-month period or periods relied on. The
21    pleading shall be filed and served on the parties no later
22    than 3 weeks before the date set by the court for closure
23    of discovery, and the allegations in the pleading shall be
24    treated as incorporated into the petition or motion.
25    Failure of a respondent to file a written denial of the
26    allegations in the pleading shall not be treated as an

 

 

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1    admission that the allegations are true.
2        (m-1) Pursuant to the Juvenile Court Act of 1987, a
3    child has been in foster care for 15 months out of any 22
4    month period which begins on or after the effective date of
5    this amendatory Act of 1998 unless the child's parent can
6    prove by a preponderance of the evidence that it is more
7    likely than not that it will be in the best interests of
8    the child to be returned to the parent within 6 months of
9    the date on which a petition for termination of parental
10    rights is filed under the Juvenile Court Act of 1987. The
11    15 month time limit is tolled during any period for which
12    there is a court finding that the appointed custodian or
13    guardian failed to make reasonable efforts to reunify the
14    child with his or her family, provided that (i) the finding
15    of no reasonable efforts is made within 60 days of the
16    period when reasonable efforts were not made or (ii) the
17    parent filed a motion requesting a finding of no reasonable
18    efforts within 60 days of the period when reasonable
19    efforts were not made. For purposes of this subdivision
20    (m-1), the date of entering foster care is the earlier of:
21    (i) the date of a judicial finding at an adjudicatory
22    hearing that the child is an abused, neglected, or
23    dependent minor; or (ii) 60 days after the date on which
24    the child is removed from his or her parent, guardian, or
25    legal custodian.
26        (n) Evidence of intent to forgo his or her parental

 

 

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1    rights, whether or not the child is a ward of the court,
2    (1) as manifested by his or her failure for a period of 12
3    months: (i) to visit the child, (ii) to communicate with
4    the child or agency, although able to do so and not
5    prevented from doing so by an agency or by court order, or
6    (iii) to maintain contact with or plan for the future of
7    the child, although physically able to do so, or (2) as
8    manifested by the father's failure, where he and the mother
9    of the child were unmarried to each other at the time of
10    the child's birth, (i) to commence legal proceedings to
11    establish his paternity under the Illinois Parentage Act of
12    1984 or the law of the jurisdiction of the child's birth
13    within 30 days of being informed, pursuant to Section 12a
14    of this Act, that he is the father or the likely father of
15    the child or, after being so informed where the child is
16    not yet born, within 30 days of the child's birth, or (ii)
17    to make a good faith effort to pay a reasonable amount of
18    the expenses related to the birth of the child and to
19    provide a reasonable amount for the financial support of
20    the child, the court to consider in its determination all
21    relevant circumstances, including the financial condition
22    of both parents; provided that the ground for termination
23    provided in this subparagraph (n)(2)(ii) shall only be
24    available where the petition is brought by the mother or
25    the husband of the mother.
26        Contact or communication by a parent with his or her

 

 

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1    child that does not demonstrate affection and concern does
2    not constitute reasonable contact and planning under
3    subdivision (n). In the absence of evidence to the
4    contrary, the ability to visit, communicate, maintain
5    contact, pay expenses and plan for the future shall be
6    presumed. The subjective intent of the parent, whether
7    expressed or otherwise, unsupported by evidence of the
8    foregoing parental acts manifesting that intent, shall not
9    preclude a determination that the parent has intended to
10    forgo his or her parental rights. In making this
11    determination, the court may consider but shall not require
12    a showing of diligent efforts by an authorized agency to
13    encourage the parent to perform the acts specified in
14    subdivision (n).
15        It shall be an affirmative defense to any allegation
16    under paragraph (2) of this subsection that the father's
17    failure was due to circumstances beyond his control or to
18    impediments created by the mother or any other person
19    having legal custody. Proof of that fact need only be by a
20    preponderance of the evidence.
21        (o) Repeated or continuous failure by the parents,
22    although physically and financially able, to provide the
23    child with adequate food, clothing, or shelter.
24        (p) Inability to discharge parental responsibilities
25    supported by competent evidence from a psychiatrist,
26    licensed clinical social worker, or clinical psychologist

 

 

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1    of mental impairment, mental illness or an intellectual
2    disability as defined in Section 1-116 of the Mental Health
3    and Developmental Disabilities Code, or developmental
4    disability as defined in Section 1-106 of that Code, and
5    there is sufficient justification to believe that the
6    inability to discharge parental responsibilities shall
7    extend beyond a reasonable time period. However, this
8    subdivision (p) shall not be construed so as to permit a
9    licensed clinical social worker to conduct any medical
10    diagnosis to determine mental illness or mental
11    impairment.
12        (q) (Blank).
13        (r) The child is in the temporary custody or
14    guardianship of the Department of Children and Family
15    Services, the parent is incarcerated as a result of
16    criminal conviction at the time the petition or motion for
17    termination of parental rights is filed, prior to
18    incarceration the parent had little or no contact with the
19    child or provided little or no support for the child, and
20    the parent's incarceration will prevent the parent from
21    discharging his or her parental responsibilities for the
22    child for a period in excess of 2 years after the filing of
23    the petition or motion for termination of parental rights.
24        (s) The child is in the temporary custody or
25    guardianship of the Department of Children and Family
26    Services, the parent is incarcerated at the time the

 

 

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1    petition or motion for termination of parental rights is
2    filed, the parent has been repeatedly incarcerated as a
3    result of criminal convictions, and the parent's repeated
4    incarceration has prevented the parent from discharging
5    his or her parental responsibilities for the child.
6        (t) A finding that at birth the child's blood, urine,
7    or meconium contained any amount of a controlled substance
8    as defined in subsection (f) of Section 102 of the Illinois
9    Controlled Substances Act, or a metabolite of a controlled
10    substance, with the exception of controlled substances or
11    metabolites of such substances, the presence of which in
12    the newborn infant was the result of medical treatment
13    administered to the mother or the newborn infant, and that
14    the biological mother of this child is the biological
15    mother of at least one other child who was adjudicated a
16    neglected minor under subsection (c) of Section 2-3 of the
17    Juvenile Court Act of 1987, after which the biological
18    mother had the opportunity to enroll in and participate in
19    a clinically appropriate substance abuse counseling,
20    treatment, and rehabilitation program.
21    E. "Parent" means the father or mother of a lawful child of
22the parties or child born out of wedlock. For the purpose of
23this Act, a person who has executed a final and irrevocable
24consent to adoption or a final and irrevocable surrender for
25purposes of adoption, or whose parental rights have been
26terminated by a court, is not a parent of the child who was the

 

 

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1subject of the consent or surrender, unless the consent is void
2pursuant to subsection O of Section 10.
3    F. A person is available for adoption when the person is:
4        (a) a child who has been surrendered for adoption to an
5    agency and to whose adoption the agency has thereafter
6    consented;
7        (b) a child to whose adoption a person authorized by
8    law, other than his parents, has consented, or to whose
9    adoption no consent is required pursuant to Section 8 of
10    this Act;
11        (c) a child who is in the custody of persons who intend
12    to adopt him through placement made by his parents;
13        (c-1) a child for whom a parent has signed a specific
14    consent pursuant to subsection O of Section 10;
15        (d) an adult who meets the conditions set forth in
16    Section 3 of this Act; or
17        (e) a child who has been relinquished as defined in
18    Section 10 of the Abandoned Newborn Infant Protection Act.
19    A person who would otherwise be available for adoption
20shall not be deemed unavailable for adoption solely by reason
21of his or her death.
22    G. The singular includes the plural and the plural includes
23the singular and the "male" includes the "female", as the
24context of this Act may require.
25    H. "Adoption disruption" occurs when an adoptive placement
26does not prove successful and it becomes necessary for the

 

 

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1child to be removed from placement before the adoption is
2finalized.
3    I. "Foreign placing agency" is an agency or individual
4operating in a country or territory outside the United States
5that is authorized by its country to place children for
6adoption either directly with families in the United States or
7through United States based international agencies.
8    J. "Immediate relatives" means the biological parents, the
9parents of the biological parents and siblings of the
10biological parents.
11    K. "Intercountry adoption" is a process by which a child
12from a country other than the United States is adopted.
13    L. (Blank). "Intercountry Adoption Coordinator" is a staff
14person of the Department of Children and Family Services
15appointed by the Director to coordinate the provision of
16services by the public and private sector to prospective
17parents of foreign-born children.
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by most states for the purpose of establishing
20uniform procedures for handling the interstate placement of
21children in foster homes, adoptive homes, or other child care
22facilities.
23    N. "Non-Compact state" means a state that has not enacted
24the Interstate Compact on the Placement of Children.
25    O. "Preadoption requirements" are any conditions
26established by the laws or regulations of the Federal

 

 

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1Government or of each state that must be met prior to the
2placement of a child in an adoptive home.
3    P. "Abused child" means a child whose parent or immediate
4family member, or any person responsible for the child's
5welfare, or any individual residing in the same home as the
6child, or a paramour of the child's parent:
7        (a) inflicts, causes to be inflicted, or allows to be
8    inflicted upon the child physical injury, by other than
9    accidental means, that causes death, disfigurement,
10    impairment of physical or emotional health, or loss or
11    impairment of any bodily function;
12        (b) creates a substantial risk of physical injury to
13    the child by other than accidental means which would be
14    likely to cause death, disfigurement, impairment of
15    physical or emotional health, or loss or impairment of any
16    bodily function;
17        (c) commits or allows to be committed any sex offense
18    against the child, as sex offenses are defined in the
19    Criminal Code of 1961 and extending those definitions of
20    sex offenses to include children under 18 years of age;
21        (d) commits or allows to be committed an act or acts of
22    torture upon the child; or
23        (e) inflicts excessive corporal punishment.
24    Q. "Neglected child" means any child whose parent or other
25person responsible for the child's welfare withholds or denies
26nourishment or medically indicated treatment including food or

 

 

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1care denied solely on the basis of the present or anticipated
2mental or physical impairment as determined by a physician
3acting alone or in consultation with other physicians or
4otherwise does not provide the proper or necessary support,
5education as required by law, or medical or other remedial care
6recognized under State law as necessary for a child's
7well-being, or other care necessary for his or her well-being,
8including adequate food, clothing and shelter; or who is
9abandoned by his or her parents or other person responsible for
10the child's welfare.
11    A child shall not be considered neglected or abused for the
12sole reason that the child's parent or other person responsible
13for his or her welfare depends upon spiritual means through
14prayer alone for the treatment or cure of disease or remedial
15care as provided under Section 4 of the Abused and Neglected
16Child Reporting Act. A child shall not be considered neglected
17or abused for the sole reason that the child's parent or other
18person responsible for the child's welfare failed to vaccinate,
19delayed vaccination, or refused vaccination for the child due
20to a waiver on religious or medical grounds as permitted by
21law.
22    R. "Putative father" means a man who may be a child's
23father, but who (1) is not married to the child's mother on or
24before the date that the child was or is to be born and (2) has
25not established paternity of the child in a court proceeding
26before the filing of a petition for the adoption of the child.

 

 

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1The term includes a male who is less than 18 years of age.
2"Putative father" does not mean a man who is the child's father
3as a result of criminal sexual abuse or assault as defined
4under Article 12 of the Criminal Code of 1961.
5    S. "Standby adoption" means an adoption in which a parent
6consents to custody and termination of parental rights to
7become effective upon the occurrence of a future event, which
8is either the death of the parent or the request of the parent
9for the entry of a final judgment of adoption.
10    T. (Blank).
11(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
1297-1109, eff. 1-1-13.)
 
13    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
14    Sec. 4.1. Except for children placed with relatives by the
15Department of Children and Family Services pursuant to
16subsection (b) of Section 7 of the Children and Family Services
17Act, placements under this Act shall comply with the Child Care
18Act of 1969 and the Interstate Compact on the Placement of
19Children. Placements of children born outside the United States
20or a territory thereof shall comply with rules promulgated by
21the United States Department of Immigration and
22Naturalization.
23    Rules promulgated by the Department of Children and Family
24Services shall include but not be limited to the following:
25    (a) Any agency providing adoption services as defined in

 

 

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1Section 2.24 of the Child Care Act of 1969 in this State:
2        (i) Shall be licensed in this State as a child welfare
3    agency as defined in Section 2.08 of the Child Care Act of
4    1969; or
5        (ii) Shall be licensed as a child placement agency in a
6    state which is a party to the Interstate Compact on the
7    Placement of Children and shall be approved by the
8    Department to place children into Illinois in accordance
9    with subsection (a-5) of this Section; or
10        (iii) Shall be licensed as a child placement agency in
11    a country other than the United States or, if located in
12    such a country but not so licensed, shall provide
13    information such as a license or court document which
14    authorizes that agency to place children for adoption and
15    to establish that such agency has legal authority to place
16    children for adoption; or
17        (iv) Shall be a child placement agency which is so
18    licensed in a non-compact state and shall be approved by
19    the Department to place children into Illinois in
20    accordance with subsection (a-5) of this Section, if such
21    agency first files with the Department of Children and
22    Family Services a bond with surety in the amount of $5,000
23    for each such child to ensure that such child shall not
24    become a public charge upon this State. Such bond shall
25    remain in effect until a judgment for adoption is entered
26    with respect to such child pursuant to this Act. The

 

 

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1    Department of Children and Family Services may accept, in
2    lieu of such bond, a written agreement with such agency
3    which provides that such agency shall be liable for all
4    costs associated with the placement of such child in the
5    event a judgment of adoption is not entered, upon such
6    terms and conditions as the Department deems appropriate.
7    The rules shall also provide that any agency that places
8children for adoption in this State may not, in any policy or
9practice relating to the placement of children for adoption,
10discriminate against any child or prospective adoptive parent
11on the basis of race.
12    (a-5) Out-of-state private placing agencies that seek to
13place children into Illinois for the purpose of foster care or
14adoption shall provide all of the following to the Department:
15        (i) A copy of the agency's current license or other
16    form of authorization from the approving authority in the
17    agency's state. If no such license or authorization is
18    issued, the agency must provide a reference statement from
19    the approving authority stating the agency is authorized to
20    place children in foster care or adoption or both in its
21    jurisdiction.
22        (ii) A description of the program, including home
23    studies, placements, and supervisions that the child
24    placing agency conducts within its geographical area, and,
25    if applicable, adoptive placements and the finalization of
26    adoptions. The child placing agency must accept continued

 

 

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1    responsibility for placement planning and replacement if
2    the placement fails.
3        (iii) Notification to the Department of any
4    significant child placing agency changes after approval.
5        (iv) Any other information the Department may require.
6    If the adoption is finalized prior to bringing or sending
7the child to Illinois, Department approval of the out-of-state
8child placing agency involved is not required under this
9Section, nor is compliance with the Interstate Compact on the
10Placement of Children.
11    (b) As an alternative to requiring the bond provided for in
12paragraph (a)(iv) of this Section, the Department of Children
13and Family Services may require the filing of such a bond by
14the individual or individuals seeking to adopt such a child
15through placement of such child by a child placement agency
16located in a state which is not a party to the Interstate
17Compact on the Placement of Children.
18    (c) In the case of any foreign-born child brought to the
19United States for adoption in this State, the following
20preadoption requirements shall be met:
21        (1) Documentation that the child is legally free for
22    adoption prior to entry into the United States shall be
23    submitted.
24        (2) A medical report on the child, by authorized
25    medical personnel in the country of the child's origin,
26    shall be provided when such personnel are available.

 

 

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1        (3) Verification that the adoptive family has been
2    licensed as a foster family home pursuant to the Child Care
3    Act of 1969, as now or hereafter amended, shall be
4    provided.
5        (4) A valid home study conducted by a licensed child
6    welfare agency that complies with guidelines established
7    by the United States Immigration and Naturalization
8    Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
9    amended, shall be submitted. A home study is considered
10    valid if it contains:
11            (i) A factual evaluation of the financial,
12        physical, mental and moral capabilities of the
13        prospective parent or parents to rear and educate the
14        child properly.
15            (ii) A detailed description of the living
16        accommodations where the prospective parent or parents
17        currently reside.
18            (iii) A detailed description of the living
19        accommodations in the United States where the child
20        will reside, if known.
21            (iv) A statement or attachment recommending the
22        proposed adoption signed by an official of the child
23        welfare agency which has conducted the home study.
24        (5) The placing agency located in a non-compact state
25    or a family desiring to adopt through an authorized
26    placement party in a non-compact state or a foreign country

 

 

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1    shall file with the Department of Children and Family
2    Services a bond with surety in the amount of $5,000 as
3    protection that a foreign-born child accepted for care or
4    supervision not become a public charge upon the State of
5    Illinois.
6        (6) In lieu of the $5,000 bond, the placement agency
7    may sign a binding agreement with the Department of
8    Children and Family Services to assume full liability for
9    all placements should, for any reason, the adoption be
10    disrupted or not be completed, including financial and
11    planning responsibility until the child is either returned
12    to the country of its origin or placed with a new adoptive
13    family in the United States and that adoption is finalized.
14        (7) Compliance with the requirements of the Interstate
15    Compact on the Placement of Children, when applicable,
16    shall be demonstrated.
17        (8) When a child is adopted in a foreign country and a
18    final, complete and valid Order of Adoption is issued in
19    that country, as determined by both the United States
20    Department of State and the United States Department of
21    Justice, this State shall not impose any additional
22    preadoption requirements. The adoptive family, however,
23    must comply with applicable requirements of the United
24    States Department of Immigration and Naturalization as
25    provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
26    amended.

 

 

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1    (d) (Blank). The Department of Children and Family Services
2shall maintain the office of Intercountry Adoption
3Coordinator, shall maintain and protect the rights of families
4and children participating in adoption of foreign born
5children, and shall develop ongoing programs of support and
6services to such families and children. The Intercountry
7Adoption Coordinator shall determine that all preadoption
8requirements have been met and report such information to the
9Department of Immigration and Naturalization.
10(Source: P.A. 94-586, eff. 8-15-05.)