Public Act 097-1063
 
HB4028 EnrolledLRB097 14710 AJO 61950 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 3 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    "Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an adult
resident is abused or neglected.
    "Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
    "Department" means Department of Children and Family
Services.
    "Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
    "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon such child physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    such child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against such child, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, or in the Wrongs to
    Children Act, and extending those definitions of sex
    offenses to include children under 18 years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon such child;
        (e) inflicts excessive corporal punishment;
        (f) commits or allows to be committed the offense of
    female genital mutilation, as defined in Section 12-34 of
    the Criminal Code of 1961, against the child;
        (g) causes to be sold, transferred, distributed, or
    given to such child under 18 years of age, a controlled
    substance as defined in Section 102 of the Illinois
    Controlled Substances Act in violation of Article IV of the
    Illinois Controlled Substances Act or in violation of the
    Methamphetamine Control and Community Protection Act,
    except for controlled substances that are prescribed in
    accordance with Article III of the Illinois Controlled
    Substances Act and are dispensed to such child in a manner
    that substantially complies with the prescription; or
        (h) commits or allows to be committed the offense of
    involuntary servitude, involuntary sexual servitude of a
    minor, or trafficking in persons for forced labor or
    services as defined in Section 10-9 of the Criminal Code of
    1961 against the child.
    A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    "Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in
the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended.
    "Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
    "Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person that is the
custodian of a child under 18 years of age who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 1961, or
any person who came to know the child through an official
capacity or position of trust, including but not limited to
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to abuse
or neglect.
    "Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
    "An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
    "An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
    "An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
    "Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act as an alleged victim of child abuse or neglect
and the parent or guardian of the alleged victim or other
person responsible for the alleged victim's welfare who is
named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
    "Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
    Section 10. The Adoption Act is amended by changing
Sections 10 and 18.3a and by adding Section 18.08 as follows:
 
    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
    Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
    A. The form of consent required for the adoption of a born
child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
    I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
    That such child was born on .... at ....
    That I reside at ...., County of .... and State of ....
    That I am of the age of .... years.
    That I hereby enter my appearance in this proceeding and
waive service of summons on me.
    That I hereby acknowledge that I have been provided with a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent and that I have had time to
read, or have had read to me, this Form. I understand that if I
do not receive any of the rights as described in this Form, it
shall not constitute a basis to revoke this Final and
Irrevocable Consent.
    That I do hereby consent and agree to the adoption of such
child.
    That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to such child.
    That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it
as my free and voluntary act.
    Dated (insert date).
.........................
 
    If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
    A-1. (1) The form of the Final and Irrevocable Consent to
Adoption by a Specified Person or Persons: Non-DCFS Case set
forth in this subsection A-1 is to be used by legal parents
only. This form is not to be used in cases in which there is a
pending petition under Section 2-13 of the Juvenile Court Act
of 1987.
    (2) The form of the Final and Irrevocable Consent to
Adoption by a Specified Person or Persons in a non-DCFS case
shall have the caption of the proceeding in which it is to be
filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE
    I, ...., (relationship, e.g., mother, father) of ...., a
..male child, state:
    1. That such child was born on ...., at ....., City of ...
and State of ....
    2. That I reside at ...., County of .... and State of ....
    3. That I am of the age of .... years.
    4. That I hereby enter my appearance in this proceeding and
waive service of summons on me.
    5. That I hereby acknowledge that I have been provided a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent and that I have had time to
read, or have had read to me, this Form and that I understand
the Rights and Responsibilities described in this Form. I
understand that if I do not receive any of my rights as
described in said Form, it shall not constitute a basis to
revoke this Final and Irrevocable Consent to Adoption by a
Specified Person.
    6. That I do hereby consent and agree to the adoption of
such child by .... (specified persons) only.
    7. That I wish to and understand that upon signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child if such child is
adopted by .... (specified person or persons). I hereby
transfer all of my rights to the custody, care and control of
such child to ............................. (specified person
or persons).
    8. That I understand such child will be adopted by
....................... (specified person or persons) and that
I cannot under any circumstances, after signing this document,
change my mind and revoke or cancel this consent or obtain or
recover custody or any other rights over such child if
............................ (specified person or persons)
adopt(s) such child; PROVIDED that each specified person has
filed or shall file, within 60 days from the date hereof, a
petition for the adoption of such child.
    9. That if the specified person or persons designated
herein do not file a petition for adoption within the
time-frame specified above, or, if said petition for adoption
is filed within the time-frame specified above but the adoption
petition is dismissed with prejudice or the adoption proceeding
is otherwise concluded without an order declaring the child to
be the adopted child of the specified person or persons, then I
understand that I will receive written notice of such
circumstances within 10 business days of their occurrence. I
understand that the notice will be directed to me using the
contact information I have provided in this consent. I
understand that I will have 10 business days from the date that
the written notice is sent to me to respond, within which time
I may request the Court to declare this consent voidable and
return the child to me. I further understand that the Court
will make the final decision of whether or not the child will
be returned to me. If I do not make such request within 10
business days of the date of the notice, then I expressly waive
any other notice or service of process in any legal proceeding
for the adoption of the child.
    10. That I expressly acknowledge that nothing in this
Consent impairs the validity and absolute finality of this
Consent under any circumstance other than those described in
paragraph 9 of this Consent.
    11. That I understand that I have a remaining duty and
obligation to keep .............. (insert name and address of
the attorney for the specified person or persons) informed of
my current address or other preferred contact information until
this adoption has been finalized. My failure to do so may
result in the termination of my parental rights and the child
being placed for adoption in another home.
    12. That I do expressly waive any other notice or service
of process in any of the legal proceedings for the adoption of
the child as long as the adoption proceeding by the specified
person or persons is pending.
    13. That I have read and understand the above and I am
signing it as my free and voluntary act.
    14. That I acknowledge that this consent is valid even if
the specified person or persons separate or divorce or one of
the specified persons dies prior to the entry of the final
judgment for adoption.
    Dated (insert date).
    .............................................
    Signature of parent.
    .............................................
    Address of parent.
    .............................................
    Phone number(s) of parent.
    .............................................
    Personal email(s) of parent.
    .............................................
    (3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons: Non-DCFS Case shall be substantially as
follows:
 
STATE OF ..............)
                       ) SS.
COUNTY OF .............)
    I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons; non-DCFS case, appeared before me this day in person
and acknowledged that (she)(he) signed and delivered the
consent as (her)(his) free and voluntary act, for the specified
purpose. I am further satisfied that, before signing this
Consent, ........ has read, or has had read to him or her, the
Birth Parent Rights and Responsibilities-Private Form.
    A-2. Birth Parent Rights and Responsibilities-Private
Form. The Birth Parent Rights and Responsibilities-Private
Form must be read by, or have been read to, any person
executing a Final and Irrevocable Consent to Adoption under
subsection A, a Final and Irrevocable Consent to Adoption by a
Specified Person or Persons: Non-DCFS Case under subsection
A-1, or a Consent to Adoption of Unborn Child under subsection
B prior to the execution of said Consent. The form of the Birth
Parent Rights and Responsibilities-Private Form shall be
substantially as follows:
Birth Parent Rights and Responsibilities-Private Form
    As a birth parent in the State of Illinois, you have the
right:
    1. To have your own attorney represent you. The prospective
adoptive parents may agree to pay for the cost of your attorney
in a manner consistent with Illinois law, but they are not
required to do so.
    2. To be treated with dignity and respect at all times and
to make decisions free from coercion and pressure.
    3. To receive counseling before and after signing a Final
and Irrevocable Consent to Adoption ("Consent"), a Final and
Irrevocable Consent to Adoption by a Specified Person or
Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
Adoption of Unborn Child ("Unborn Consent"). The prospective
adoptive parents may agree to pay for the cost of counseling in
a manner consistent with Illinois law, but they are not
required to do so.
    4. To ask to be involved in choosing your child's
prospective adoptive parents and to ask to meet them.
    5. To ask your child's prospective adoptive parents any
questions that pertain to your decision to place your child
with them.
    6. To see your child before signing a Consent or Specified
Consent.
    7. To request contact with your child and/or the child's
prospective adoptive parents, with the understanding that any
promises regarding contact with your child or receipt of
information about the child after signing a Consent, Specified
Consent, or Unborn Consent cannot be enforced under Illinois
law.
    8. To receive copies of all documents that you sign and
have those documents provided to you in your preferred
language.
    9. To request that your identifying information remain
confidential, unless required otherwise by Illinois law or
court order, and to register with the Illinois Adoption
Registry and Medical Information Exchange.
    10. To work with an adoption agency or attorney of your
choice, or change said agency or attorney, provided you
promptly inform all of the parties currently involved.
    11. To receive, upon request, a written list of any
promised support, financial or otherwise, from your attorney or
the attorney for your child's prospective adoptive parents.
    12. To delay signing a Consent, Specified Consent, or
Unborn Consent if you are not ready to do so.
    13. To decline to sign a Consent, Specified Consent, or
Unborn Consent even if you have received financial support from
the prospective adoptive parents.
    If you do not receive any of the rights described in this
Form, it shall not be a basis to revoke a Consent, Specified
Consent, or Unborn Consent.
    As a Birth Parent in the State of Illinois, you have the
responsibility:
    1. To carefully consider your reasons for choosing
adoption.
    2. To voluntarily provide all known medical, background,
and family information about yourself and your immediate family
to your child's prospective adoptive parents or their attorney.
For the health of your child, you are strongly encouraged, but
not required, to provide all known medical, background, and
family history information about yourself and your family to
your child's prospective adoptive parents or their attorney.
    3. (Birth mothers only) To accurately complete an Affidavit
of Identification, which identifies the father of the child
when known, with the understanding that a birth mother has a
right to decline to identify the birth father.
    4. To not accept financial support or reimbursement of
pregnancy related expenses simultaneously from more than one
source.
    B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
    I, ...., state:
    That I am the father of a child expected to be born on or
about .... to .... (name of mother).
    That I reside at .... County of ...., and State of .....
    That I am of the age of .... years.
    That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
    That I hereby acknowledge that I have been provided with a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent, and that I have had time to
read, or have had read to me, this Form. I understand that if I
do not receive any of the rights as described in this Form, it
shall not constitute a basis to revoke this Consent to Adoption
of Unborn Child.
    That I do hereby consent and agree to the adoption of such
child, and that I have not previously executed a consent or
surrender with respect to such child.
    That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written notice
of my revocation not later than 72 hours after the birth of the
child.
    That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section. The
form of consent required for the standby adoption of a born
child effective at a future date when the consenting parent of
the child dies or requests that a final judgment of adoption be
entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
    I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
    That the child was born on .... at .....
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.
    That I do hereby consent and agree to the standby adoption
of the child, and that I have not previously executed a consent
or surrender with respect to the child.
    That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to the child, effective upon (my death)
(the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for
adoption if ..... (specified person or persons) adopt my child.
    That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give all
custody and other parental rights to .... (specified person or
persons).
    I understand my child will be adopted by ....... (specified
person or persons) only and that I cannot, under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over my child if ..... (specified person or
persons) adopt my child.
    I understand that this consent to standby adoption is valid
only if the petition for standby adoption is filed and that if
....... (specified person or persons), for any reason, cannot
or will not file a petition for standby adoption or if his,
her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other
proceeding that could affect my parental rights.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
....................
 
    If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each child.
    (2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
    If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is
entered, then ..... (specified person) shall adopt my child. I
understand that I cannot change my mind and revoke this consent
or obtain or recover custody of my child if ..... (specified
persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot
change my mind and revoke this consent if ...... (specified
persons) obtain a judgment of dissolution of marriage before
the adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my child if
..... (specified persons) obtain a judgment of dissolution of
marriage after the adoption is final. I understand that if
either ..... (specified persons) dies before the petition to
adopt my child is granted, then the surviving person may adopt
my child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
    A consent to standby adoption by specified persons on this
form shall have no effect on a court's determination of custody
or visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved before the adoption is final.
    (3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
 
STATE OF .....)
              ) SS.
COUNTY OF ....)
 
    I, ....... (name of Judge or other person) ..... (official
title, name, and address), certify that ......., personally
known to me to be the same person whose name is subscribed to
the foregoing Final and Irrevocable Consent to Standby
Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
    I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will not
adopt the child or if the adoption petition is denied, then
this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she) (he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she) (he)
has stated that such is (her) (his) intention and desire.
    Dated (insert date).
    Signature ..............................
    (4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
    (a) the specified person or persons do not file a petition
for standby adoption of the child; or
    (b) a court denies the standby adoption petition.
    The parent shall not need to take further action to revoke
the consent if the standby adoption by the specified person or
persons does not occur, notwithstanding the provisions of
Section 11 of this Act.
    C. The form of surrender to any agency given by a parent of
a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
    I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
    That such child was born on ...., at .....
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
    That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment including inoculation and anaesthesia for
such child.
    That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
    That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    C-5. The form of a Final and Irrevocable Designated
Surrender for Purposes of Adoption to any agency given by a
parent of a born child who is to be subsequently placed for
adoption is to be used by legal parents only. The form shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require:
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
FOR PURPOSES OF ADOPTION
    I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
    1. That such child was born on ...., at .....
    2. That I reside at ...., County of ...., and State of
.....
    3. That I am of the age of .... years.
    4. That I do hereby surrender and entrust the entire
custody and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption with
............................. (specified person or persons)
and to consent to the legal adoption of such child and to take
any and all measures which, in the judgment of the Agency, may
be for the best interests of such child, including authorizing
medical, surgical and dental care and treatment including
inoculation and anesthesia for such child.
    5. That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
    6. That if the petition for adoption is not filed by the
specified person or persons designated herein or, if the
petition for adoption is filed but the adoption petition is
dismissed with prejudice or the adoption proceeding is
otherwise concluded without an order declaring the child to be
the adopted child of each specified person, then I understand
that the Agency will provide notice to me within 10 business
days and that such notice will be directed to me using the
contact information I have provided to the Agency. I understand
that I will have 10 business days from the date that the Agency
sends me its notice to respond, within which time I may choose
to designate other adoptive parent(s). However, I acknowledge
that the Agency has full power and authority to place the child
for adoption with any person or persons it may in its sole
discretion select to become the adopting parent or parents and
to consent to the legal adoption of the child by such person or
persons.
    7. That I acknowledge that this surrender is valid even if
the specified persons separate or divorce or one of the
specified persons dies prior to the entry of the final judgment
for adoption.
    8. That I expressly acknowledge that the above paragraphs 6
and 7 do not impair the validity and absolute finality of this
surrender under any circumstance.
    9. That I understand that I have a remaining obligation to
keep the Agency informed of my current contact information
until the adoption of the child has been finalized if I wish to
be notified in the event the adoption by the specified
person(s) cannot proceed.
    10. That I understand I cannot under any circumstances,
after signing this surrender, change my mind and revoke or
cancel this surrender or obtain or recover custody or any other
rights over such child.
    11. That I have read and understand the above and I am
signing it as my free and voluntary act.
    Dated (insert date).
..............................
    D. The form of surrender to an agency given by a parent of
an unborn child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
    I, .... (father), state:
    That I am the father of a child expected to be born on or
about .... to .... (name of mother).
    That I reside at ...., County of ...., and State of .....
    That I am of the age of .... years.
    That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect to
such child.
    That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment, including inoculation and anaesthesia for
such child.
    That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
    That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child, except that I have the right to revoke this
surrender by giving written notice of my revocation not later
than 72 hours after the birth of such child.
    That I have read and understand the above and I am signing
it as my free and voluntary act.
    Dated (insert date).
........................
    E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
    I, ...., (father) (mother) of ...., an adult, state:
    That I reside at ...., County of .... and State of .....
    That I do hereby consent and agree to the adoption of such
adult by .... and .....
    Dated (insert date).
.........................
    F. The form of consent required for the adoption of a child
of the age of 14 years or upwards, or of an adult, to be given
by such person, shall be substantially as follows:
CONSENT
    I, ...., state:
    That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree to
my adoption by .... and .....
    Dated (insert date).
........................
    G. The form of consent given by an agency to the adoption
by specified persons of a child previously surrendered to it
shall set forth that the agency has the authority to execute
such consent. The form of consent given by a guardian of the
person of a child sought to be adopted, appointed by a court of
competent jurisdiction, shall set forth the facts of such
appointment and the authority of the guardian to execute such
consent.
    H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted who
was appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before a judge of a court of competent
jurisdiction or, except as otherwise provided in this Act,
before a representative of an agency, or before a person, other
than the attorney for the prospective adoptive parent or
parents, designated by a court of competent jurisdiction.
    I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or other
document, before a judge of a court of competent jurisdiction,
or, except as otherwise provided in this Act, before a
representative of an agency, or before a person designated by a
court of competent jurisdiction.
    J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
             ) SS.
COUNTY OF ...)
    I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to be
the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
    I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire. (Add if
Consent only) I am further satisfied that, before signing this
Consent, ........ has read, or has had read to him or her, the
Birth Parent Rights and Responsibilities-Private Form.
    Dated (insert date).
    Signature ...............
    K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge, such other
person shall have his or her signature on the certificate
acknowledged before a notary public, in form substantially as
follows:
STATE OF ....)
             ) SS.
COUNTY OF ...)
    I, a Notary Public, in and for the County of ......, in the
State of ......, certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
certificate of acknowledgment, appeared before me in person and
acknowledged that (she) (he) signed such certificate as (her)
(his) free and voluntary act and that the statements made in
the certificate are true.
    Dated (insert date).
    
Signature ...................... Notary Public
(official seal)

 
    There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and acknowledged
in another state.
    L. A surrender or consent executed and acknowledged outside
of this State, either in accordance with the law of this State
or in accordance with the law of the place where executed, is
valid.
    M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged or
affirmed in a manner conformable to the law and procedure of
such country.
    N. If the person signing a consent or surrender is in the
military service of the United States, the execution of such
consent or surrender may be acknowledged before a commissioned
officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by
such other procedure as is then in effect for such division or
branch of the armed forces.
    O. (1) The parent or parents of a child in whose interests
a petition under Section 2-13 of the Juvenile Court Act of 1987
is pending may, with the approval of the designated
representative of the Department of Children and Family
Services ("Department" or "DCFS"), execute a consent to
adoption by a specified person or persons:
        (a) in whose physical custody the child has resided for
    at least 6 months; or
        (b) in whose physical custody at least one sibling of
    the child who is the subject of this consent has resided
    for at least 6 months, and the child who is the subject of
    this consent is currently residing in this foster home; or
        (c) in whose physical custody a child under one year of
    age has resided for at least 3 months.
The court may waive the time frames in subdivisions (a), (b),
and (c) for good cause shown if the court finds it to be in the
child's best interests.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
    (2) The final and irrevocable consent to adoption by a
specified person or persons in a Department of Children and
Family Services (DCFS) case consent to adoption by a specified
person or persons shall have the caption of the proceeding in
which it is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS: DCFS CASE
    I, ......................................, the
.................. (mother or father) of a ....male child,
state:
        1. My child ............................ (name of
    child) was born on (insert date) at ....................
    Hospital in the municipality of ........., in
    ................ County, State of ...............
        2. I reside at ......................, County of
    ............. and State of ..............
        Mail may also be sent to me at this address
    ............................, in care of .................
        My home telephone number is..........................
        My cell telephone number is..........................
        My e-mail address is.................................
        3. I, ..........................., am .... years old.
        4. I enter my appearance in this action for my child to
    be adopted to adopt my child by the person or persons
    specified herein by me and waive service of summons on me
    in this action only.
        5. I hereby acknowledge that I have been provided a
    copy of the Birth Parent Rights and Responsibilities for
    DCFS Cases before signing this Consent and that I have had
    time to read this form or have it read to me and that I
    understand the rights and responsibilities described in
    this form. I understand that if I do not receive any of my
    rights as described in the form, it shall not constitute a
    basis to revoke this Final and Irrevocable Consent to
    Adoption by a Specified Person or Persons.
        6. I do hereby consent and agree to the adoption of
    such child by .......... (specified person or persons)
    only.
        7. I wish to sign this consent and I understand that by
    signing this consent I irrevocably and permanently give up
    all my parental rights I have to my child.
        8. I understand that this consent allows my child to be
    adopted by .......... only and that I cannot under any
    circumstances after signing this document change my mind
    and revoke or cancel this consent.
        9. I understand that this consent will be void if:
            (a) the Department places my child with someone
        other than the specified person or persons; or
            (b) a court denies the adoption petition for the
        specified person or persons to adopt my child; or
            (c) the DCFS Guardianship Administrator refuses to
        consent to my child's adoption by the specified person
        or persons on the basis that the adoption is not in my
        child's best interests.
        I understand that if this consent is void I have
    parental rights to my child, subject to any applicable
    court orders including those entered under Article II of
    the Juvenile Court Act of 1987, unless and until I sign a
    new consent or surrender or my parental rights are
    involuntarily terminated. I understand that if this
    consent is void, my child may be adopted by someone other
    than the specified person or persons only if I sign a new
    consent or surrender, or my parental rights are
    involuntarily terminated. I understand that if this
    consent is void, the Department will notify me within 30
    days using the addresses and telephone numbers I provided
    in paragraph 2 of this form. I understand that if I receive
    such a notice, it is very important that I contact the
    Department immediately, and preferably within 30 days, to
    have input into the plan for my child's future.
        10. I understand that if a petition for adoption of my
    child is filed by someone other than the specified person
    or persons, the Department will notify me within 14 days
    after the Department becomes aware of the petition. The
    fact that someone other than the specified person or
    persons files a petition to adopt my child does not make
    this consent void.
        11. If a person other than the specified person or
    persons files a petition to adopt my child or if the
    consent is void under paragraph 9, the Department will send
    written notice to me using the mailing address and email
    address provided by me in paragraph 2 of this form. The
    Department will also contact me using the telephone numbers
    I provided in paragraph 2 of this form. It is very
    important that I let the Department know if any of my
    contact information changes. If I do not let the Department
    know if any of my contact information changes, I understand
    that I may not receive notification from the Department if
    this consent is void or if someone other than the specified
    person or persons files a petition to adopt my child. If
    any of my contact information changes, I should immediately
    notify:
        Caseworker's name and telephone number:
    ............................................................;
        Agency name, address, zip code, and telephone number:
    ............................................................;
        Supervisor's name and telephone number:
    ............................................................;
    DCFS Advocacy Office for Children and Families:
    800-232-3798.
        12. I expressly acknowledge that paragraph 9 (and
    paragraphs 8a and 8b, if applicable) do not impair the
    validity and finality of this consent under any
    circumstances.
         I consent to the adoption of my child by
    ............................. (specified person or
    persons) only.
         I wish to sign this consent and I understand that by
    signing this consent I irrevocably and permanently give up
    all parental rights I have to my child if my child is
    adopted by ............................. (specified person
    or persons).
         I understand my child will be adopted by
    ............................. (specified person or
    persons) only and that I cannot under any circumstances,
    after signing this document, change my mind and revoke or
    cancel this consent or obtain or recover custody or any
    other rights over my child if ............................
    (specified person or persons) adopt my child.
         I understand that this consent to adoption is valid
    only if the petition to adopt is filed within one year from
    the date that I sign it and that if .......................
    (specified person or persons), for any reason, cannot or
    will not file a petition to adopt my child within that one
    year period or if their adoption petition is denied, then
    this consent will be voidable after one year upon the
    timely filing of my motion. If I file this motion before
    the filing of the petition for adoption, I understand that
    the court shall revoke this specific consent. I have the
    right to notice of any other proceeding that could affect
    my parental rights, except for the proceeding for
    ............. (specified person or persons) to adopt my
    child.
         13. I have read and understand the above and I am
    signing it as my free and voluntary act.
        Dated (insert date).
        .............................................
        Signature of parent
    (3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
        8a. If ............... (specified persons) get a
    divorce or are granted a dissolution of a civil union
    before the petition to adopt my child is granted, this
    consent is valid for ........... (specified person) to
    adopt my child. I understand that I cannot change my mind
    or revoke this consent or recover custody of my child on
    the basis that the specified persons divorce or are granted
    a dissolution of a civil union. then .......... (specified
    person) shall adopt my child. I understand that I cannot
    change my mind and revoke this consent or obtain or recover
    custody over my child if ............. (specified persons)
    divorce and ............. (specified person) adopts my
    child. I understand that I cannot change my mind and revoke
    this consent or obtain or recover custody over my child if
    ................. (specified persons) divorce after the
    adoption is final. I understand that this consent to
    adoption has no effect on who will get custody of my child
    if they divorce after the adoption is final.
        8b. I understand that if either ...............
    (specified persons) dies before the petition to adopt my
    child is granted, this consent remains valid for the
    surviving person to adopt my child. I understand that I
    cannot change my mind or revoke this consent or recover
    custody of my child on the basis that one of the specified
    persons dies. then the surviving person can adopt my child.
    I understand that I cannot change my mind and revoke this
    consent or obtain or recover custody over my child if the
    surviving person adopts my child.
    A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
    (4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons: DCFS Case shall be substantially as follows:
 
STATE OF ..............)
                       ) SS.
COUNTY OF .............)
 
    I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons: DCFS Case, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent as
(her)(his) free and voluntary act, for the specified purpose.
    I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt the
child or if the adoption petition is denied, then this consent
will be voidable after one year upon the timely filing of a
motion by the parent to revoke the consent. I explained that if
this motion is filed before the filing of the petition for
adoption, the court shall revoke this specific consent. I have
fully explained that if the specified person or persons adopt
the child, by signing this consent this parent is irrevocably
and permanently relinquishing all parental rights to the child
so that the child may be adopted by a specified person or
persons, and this parent has stated that such is (her)(his)
intention and desire. I have fully explained that this consent
is void only if:
        (a) the placement is disrupted and the child is moved
    to a different placement; or
        (b) a court denies the petition for adoption; or
        (c) the Department of Children and Family Services
    Guardianship Administrator refuses to consent to the
    child's adoption by a specified person or persons on the
    basis that the adoption is not in the child's best
    interests.
    Dated (insert date).
    ...............................
    Signature
    (5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only for the if that
specified person or persons to adopt the child. The consent
shall be void voidable after one year if:
        (a) the placement disrupts and the child is moved to
    another placement the specified person or persons do not
    file a petition to adopt the child within one year after
    the consent is signed and the parent files a timely motion
    to revoke this consent. If this motion is filed before the
    filing of the petition for adoption the court shall revoke
    this consent; or
        (b) a court denies the petition for adoption a court
    denies the adoption petition; or
        (c) the Department of Children and Family Services
    Guardianship Administrator refuses to consent to the
    child's adoption by the specified person or persons on the
    basis that the adoption is not in the child's best
    interests determines that the specified person or persons
    will not or cannot complete the adoption, or in the best
    interests of the child should not adopt the child.
    If the consent is void under this Section, the parent shall
not need to take further action to revoke the consent. No
proceeding for termination of parental rights shall be brought
unless the parent who executed the consent to adoption by a
specified person or persons has been notified of the
proceedings pursuant to Section 7 of this Act or subsection (4)
of Section 2-13 of the Juvenile Court Act of 1987. Within 30
days of the consent becoming void, the Department of Children
and Family Services Guardianship Administrator shall make good
faith attempts to notify the parent in writing and shall give
written notice to the court and all additional parties in
writing that the adoption has not occurred or will not occur
and that the consent is void. If the adoption by a specified
person or persons does not occur, no proceeding for termination
of parental rights shall be brought unless the biological
parent who executed the consent to adoption by a specified
person or persons has been notified of the proceeding pursuant
to Section 7 of this Act or subsection (4) of Section 2-13 of
the Juvenile Court Act of 1987. The parent shall not need to
take further action to revoke the consent if the specified
adoption does not occur, notwithstanding the provisions of
Section 11 of this Act.
    (6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
    (7) (Blank). The Department shall collect and maintain data
concerning the efficacy of specific consents. This data shall
include the number of specific consents executed and their
outcomes, including but not limited to the number of children
adopted pursuant to the consents, the number of children for
whom adoptions are not completed, and the reason or reasons why
the adoptions are not completed.
    (8) The Department of Children and Family Services shall
promulgate a rule and procedures regarding Consents to Adoption
by a Specified Person or Persons in DCFS cases. The rule and
procedures shall provide for the development of the Birth
Parent Rights and Responsibilities Form for DCFS Cases.
    (9) A consent to adoption by specified persons on this
consent form shall have no effect on a court's determination of
custody or visitation under the Illinois Marriage and
Dissolution of Marriage Act or the Illinois Religious Freedom
Protection and Civil Union Act if the marriage or civil union
of the specified persons is dissolved after the adoption is
final.
    P. If the person signing a consent is incarcerated or
detained in a correctional facility, prison, jail, detention
center, or other comparable institution, either in this State
or any other jurisdiction, the execution of such consent may be
acknowledged before social service personnel of such
institution, or before a person designated by a court of
competent jurisdiction.
    Q. A consent may be acknowledged telephonically, via
audiovisual connection, or other electronic means, provided
that a court of competent jurisdiction has entered an order
approving the execution of the consent in such manner and has
designated an individual to be physically present with the
parent executing such consent in order to verify the identity
of the parent.
    R. An agency whose representative is acknowledging a
consent pursuant to this Section shall be a public child
welfare agency, or a child welfare agency, or a child placing
agency that is authorized or licensed in the State or
jurisdiction in which the consent is signed.
    S. The form of waiver by a putative or legal father of a
born or unborn child shall be substantially as follows:
 
FINAL AND IRREVOCABLE
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

 
    I, .................... , state under oath or affirm as
follows:
        1. That the biological mother ............... has
    named me as a possible biological or legal father of her
    minor child who was born, or is expected to be born on
    ..........., ......, in the City/Town of........., State
    of ...........
        2. That I understand that the biological mother
    ............. intends to or has placed the child for
    adoption.
        3. That I reside at ................, in the City/Town
    of..........., State of ................
        4. That I am ................ years of age and my date
    of birth is ..............., .............
        5. That I (select one):
            ..... am married to the biological mother.
            ..... am not married to the biological mother and
        have not been married to the biological mother within
        300 days before the child's birth or expected date of
        child's birth.
            ..... am not currently married to the biological
        mother, but was married to the biological mother,
        within 300 days before the child's birth or expected
        date of child's birth.
        6. That I (select one):
            ..... neither admit nor deny that I am the
        biological father of the child.
            ..... deny that I am the biological father of the
        child.
        7. That I hereby agree to the termination of my
    parental rights, if any, without further notice to me of
    any proceeding for the adoption of the minor child, even if
    I have taken any action to establish parental rights or
    take any such action in the future including registering
    with any putative father registry.
        8. That I understand that by signing this Waiver I do
    irrevocably and permanently give up all custody and other
    parental rights I may have to such child.
        9. That I understand that this Waiver is FINAL AND
    IRREVOCABLE and that I am permanently barred from
    contesting any proceeding for the adoption of the child
    after I sign this Waiver.
        10. That I waive any further service of summons or
    other pleadings in any proceeding to terminate parental
    rights, if any to this child, or any proceeding for
    adoption of this child.
        11. That I understand that if a final judgment or order
    of adoption for this child is not entered, then any
    parental rights or responsibilities that I may have remain
    intact.
        12. That I have read and understand the above and that
    I am signing it as my free and voluntary act.
 
    Dated: ................... , ..............
    ...........................................
    Signature
 
OATH
I have been duly sworn and I state under oath that I have read
and understood this Final and Irrevocable Waiver of Parental
Rights of Putative or Legal Father. The facts contained in it
are true and correct to the best of my knowledge. I have signed
this document as my free and voluntary act in order to
facilitate the adoption of the child.
 
..............................
Signature
 
Signed and Sworn before me on
this ............ day
of ..........., 20....
 
...................
Notary Public
(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11;
97-493, eff. 8-22-11.)
 
    (750 ILCS 50/18.08 new)
    Sec. 18.08. Adoption Advisory Council.
    (a) There shall be established under the Department of
Public Health and the Department of Children and Family
Services the Adoption Advisory Council. The Council shall
include:
        (1) the Director of the Department of Public Health, or
    his or her designee, who shall serve as the co-chairperson
    of the Council;
        (2) the Director of the Department of Children and
    Family Services, or his or her designee, who shall serve as
    the co-chairperson of the Council;
        (3) an attorney representing the Attorney General's
    Office appointed by the Attorney General;
        (4) a currently certified confidential intermediary
    appointed by the Director of the Department of Children and
    Family Services;
        (5) one representative from each of the following
    organizations appointed by the Director of the Department
    of Public Health: Adoption Advocates of America, Adoptive
    Families Today, Catholic Conference of Illinois, Chicago
    Area Families for Adoption, Chicago Bar Association, Child
    Care Association of Illinois, Children Remembered, Inc.,
    Children's Home and Aid Society of Illinois, Child Welfare
    Advisory Council, The Cradle, Healing Hearts, Illinois
    Foster Parents Association, Illinois State Bar
    Association, Illinois State Medical Society, Jewish
    Children's Bureau, LDS Social Services, Lutheran Social
    Services of Illinois, Maryville Academy, Midwest Adoption
    Center, St. Mary's Services, Stars of David, and
    Truthseekers in Adoption;
        (6) 5 additional members appointed by the Director of
    the Department of Children and Family Services who shall,
    when making those appointments, consider advocates for
    adopted persons, adoptive parents, or birth parents,
    lawyers who represent clients in private adoptions,
    lawyers specializing in privacy law, and representatives
    of agencies involved in adoptions;
        (7) an attorney from the Department of Children and
    Family Services, who shall serve as an ex-officio,
    non-voting advisor to the Council; and
        (8) the person directly responsible for administering
    the confidential intermediary program, who shall serve as
    an ex-officio, non-voting advisor to the Council.
    (b) If any one of the named organizations in item (5) of
subsection (a) notifies the Director of the Department of
Public Health or the Director of the Department of Children and
Family Services in writing that the organization does not wish
to participate on the Adoption Advisory Council or that the
organization is no longer functioning, the Directors may
designate another organization that represents the same
constituency as the named organization to replace the named
organization on the Council.
    (c) Council members shall receive no compensation for their
service. The Council shall meet no less often than once every 6
months and shall meet as the Director of the Department of
Public Health or the Director of the Department of Children and
Family Services deems necessary. The Council shall have only an
advisory role to the Directors and may make recommendations to
the pertinent Department regarding the development of rules,
procedures, and forms that will promote the efficient and
effective operation of (i) the Illinois Adoption Registry, (ii)
the Office of Vital Records as it pertains to the Registry and
to access to the non-certified copy of the original birth
certificate, and (iii) the Confidential Intermediary Program
in Illinois. The Council will also serve in an advisory
capacity regarding the effective delivery of adult
post-adoption services in Illinois, including:
        (1) advising the Department of Public Health on the
    development of rules, procedures, and forms utilized by the
    Illinois Adoption Registry and Medical Information
    Exchange;
        (2) making recommendations regarding the procedures,
    tools, and technology that will promote efficient and
    effective operation of the Registry;
        (3) assisting the Department of Public Health with the
    development, publication, and circulation of an
    informational pamphlet that describes the purpose,
    function, and mechanics of the Illinois Adoption Registry
    and Medical Information Exchange, including information
    about who is eligible to register and how to register;
    information about the questions and concerns that
    registrants may develop when they register or when they
    receive information from the Registry; and a list of
    services, programs, groups, and informational websites
    that are available to assist registrants with their
    questions and concerns;
        (4) collecting, compiling, and reviewing statistical
    data and empirical information concerning the procedures
    in the Registry including, but not limited to, data
    concerning the filing of Denials of Information Exchange,
    Information Exchange Authorizations, Requests for a
    Non-Certified Copy of an Original Birth Certificate, and
    Birth Parent Preference Forms;
        (5) making recommendations to the Director of the
    Department of Children and Family Services regarding the
    standards for certification for confidential
    intermediaries;
        (6) making recommendations to the Director of the
    Department of Children and Family Services concerning
    oversight methods used to verify that intermediaries are
    complying with the appropriate laws;
        (7) assisting the Department of Children and Family
    Services with training for confidential intermediaries,
    including training with respect to federal and State
    privacy laws;
        (8) reviewing the relationship between confidential
    intermediaries and the court system and making
    recommendations to the Director of the Department of
    Children and Family Services concerning sample orders that
    define the scope of the intermediaries' access to
    information;
        (9) considering any recent violations of policy or
    procedures by confidential intermediaries and remedial
    steps, including decertification, which might be
    recommended to the Director of the Department of Children
    and Family Services so as to prevent future violations; and
        (10) reviewing reports from the Department of Children
    and Family Services submitted by July 1 and January 1 of
    each year in order detailing the penalties assessed and
    collected, the amounts of related deposits into the DCFS
    Children's Services Fund, and any expenditures from such
    deposits.
    (d) Within 45 days after the effective date of this
amendatory Act of the 97th General Assembly, both the Adoption
Registry Advisory Council and the Confidential Intermediary
Council shall, notwithstanding any other provision of this Act,
turn over the Council's records to the Adoption Advisory
Council and cease to function.
 
    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
    Sec. 18.3a. Confidential intermediary.
    (a) General purposes. Notwithstanding any other provision
of this Act, any adopted or surrendered person 21 years of age
or over, any adoptive parent or legal guardian of an adopted or
surrendered person under the age of 21, or any birth parent of
an adopted or surrendered person who is 21 years of age or over
may petition the court in any county in the State of Illinois
for appointment of a confidential intermediary as provided in
this Section for the purpose of exchanging medical information
with one or more mutually consenting biological relatives,
obtaining identifying information about one or more mutually
consenting biological relatives, or arranging contact with one
or more mutually consenting biological relatives.
Additionally, in cases where an adopted or surrendered person
is deceased, an adult child of the adopted or surrendered
person or his or her adoptive parents or surviving spouse may
file a petition under this Section and in cases where the birth
parent is deceased, an adult birth sibling of the adopted or
surrendered person or of the deceased birth parent may file a
petition under this Section for the purpose of exchanging
medical information with one or more mutually consenting
biological relatives of the adopted or surrendered person,
obtaining identifying information about one or more mutually
consenting biological relatives of the adopted or surrendered
person, or arranging contact with one or more mutually
consenting biological relatives of the adopted or surrendered
person. Beginning January 1, 2006, any adopted or surrendered
person 21 years of age or over; any adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21; any birth parent, birth sibling, birth aunt, or birth uncle
of an adopted or surrendered person over the age of 21; any
surviving child, adoptive parent, or surviving spouse of a
deceased adopted or surrendered person who wishes to petition
the court for the appointment of a confidential intermediary
shall be required to accompany their petition with proof of
registration with the Illinois Adoption Registry and Medical
Information Exchange.
    (b) Petition. Upon petition by an adopted or surrendered
person 21 years of age or over (an "adult adopted or
surrendered person"), an adoptive parent or legal guardian of
an adopted or surrendered person under the age of 21, or a
birth parent of an adopted or surrendered person who is 21
years of age or over, the court shall appoint a confidential
intermediary. Upon petition by an adult child, adoptive parent
or surviving spouse of an adopted or surrendered person who is
deceased, by an adult birth sibling of an adopted or
surrendered person whose common birth parent is deceased and
whose adopted or surrendered birth sibling is 21 years of age
or over, or by an adult sibling of a birth parent who is
deceased, and whose surrendered child is 21 years of age or
over, the court may appoint a confidential intermediary if the
court finds that the disclosure is of greater benefit than
nondisclosure. The petition shall state which biological
relative or relatives are being sought and shall indicate if
the petitioner wants to do any one or more of the following:
exchange medical information with the biological relative or
relatives, obtain identifying information from the biological
relative or relatives, or to arrange contact with the
biological relative.
    (c) Order. The order appointing the confidential
intermediary shall allow that intermediary to conduct a search
for the sought-after relative by accessing those records
described in subsection (g) of this Section.
    (d) Fees and expenses. The court shall not condition the
appointment of the confidential intermediary on the
petitioner's payment of the intermediary's fees and expenses in
advance of the commencement of the work of the confidential
intermediary. No However, no fee shall be charged if the
petitioner is an adult adopted or surrendered person and the
sought-after relative is a birth parent who filed or who did
not file a Denial with the Registry prior to January 1, 2011,
or filed a Birth Parent Preference Form on which Option E was
selected after January 1, 2011 and more than 5 years have
transpired since the birth parent filed the Denial of
Information Exchange or Birth Parent Preference Form on which
Option E was selected.
    (e) Eligibility of intermediary. The court may appoint as
confidential intermediary any person certified by the
Department of Children and Family Services as qualified to
serve as a confidential intermediary. Certification shall be
dependent upon the confidential intermediary completing a
course of training including, but not limited to, applicable
federal and State privacy laws.
    (f) (Blank). Confidential Intermediary Council. There
shall be established under the Department of Children and
Family Services a Confidential Intermediary Advisory Council.
One member shall be an attorney representing the Attorney
General's Office appointed by the Attorney General. One member
shall be a currently certified confidential intermediary
appointed by the Director of the Department of Children and
Family Services. The Director shall also appoint 5 additional
members. When making those appointments, the Director shall
consider advocates for adopted persons, adoptive parents,
birth parents, lawyers who represent clients in private
adoptions, lawyers specializing in privacy law, and
representatives of agencies involved in adoptions. The
Director shall appoint one of the 7 members as the chairperson.
An attorney from the Department of Children and Family Services
and the person directly responsible for administering the
confidential intermediary program shall serve as ex-officio,
non-voting advisors to the Council. Council members shall serve
at the discretion of the Director and shall receive no
compensation other than reasonable expenses approved by the
Director. The Council shall meet no less than twice yearly and
shall meet at least once yearly with the Registry Advisory
Council, and shall make recommendations to the Director
regarding the development of rules, procedures, and forms that
will ensure efficient and effective operation of the
confidential intermediary process, including:
        (1) Standards for certification for confidential
    intermediaries.
        (2) Oversight of methods used to verify that
    intermediaries are complying with the appropriate laws.
        (3) Training for confidential intermediaries,
    including training with respect to federal and State
    privacy laws.
        (4) The relationship between confidential
    intermediaries and the court system, including the
    development of sample orders defining the scope of the
    intermediaries' access to information.
        (5) Any recent violations of policy or procedures by
    confidential intermediaries and remedial steps, including
    decertification, to prevent future violations.
    (g)  Access. Subject to the limitations of subsection (i)
of this Section, the confidential intermediary shall have
access to vital records or a comparable public entity that
maintains vital records in another state in accordance with
that state's laws, maintained by the Department of Public
Health and its local designees for the maintenance of vital
records or a comparable public entity that maintains vital
records in another state in accordance with that state's laws
and all records of the court or any adoption agency, public or
private, as limited in this Section, which relate to the
adoption or the identity and location of an adopted or
surrendered person, of an adult child or surviving spouse of a
deceased adopted or surrendered person, or of a birth parent,
birth sibling, or the sibling of a deceased birth parent. The
confidential intermediary shall not have access to any personal
health information protected by the Standards for Privacy of
Individually Identifiable Health Information adopted by the
U.S. Department of Health and Human Services under the Health
Insurance Portability and Accountability Act of 1996 unless the
confidential intermediary has obtained written consent from
the person whose information is being sought by an adult
adopted or surrendered person or, if that person is a minor
child, that person's parent or guardian. Confidential
intermediaries shall be authorized to inspect confidential
relinquishment and adoption records. The confidential
intermediary shall not be authorized to access medical records,
financial records, credit records, banking records, home
studies, attorney file records, or other personal records. In
cases where a birth parent is being sought, an adoption agency
shall inform the confidential intermediary of any statement
filed pursuant to Section 18.3, hereinafter referred to as "the
18.3 statement", indicating a desire of the surrendering birth
parent to have identifying information shared or to not have
identifying information shared. If there was a clear statement
of intent by the sought-after birth parent not to have
identifying information shared, the confidential intermediary
shall discontinue the search and inform the petitioning party
of the sought-after relative's intent unless the birth parent
filed the 18.3 statement prior to the effective date of this
amendatory Act of the 96th General Assembly and more than 5
years have elapsed since the filing of the 18.3 statement. If
the adult adopted or surrendered person is the subject of an
18.3 statement indicating a desire not to establish contact
which was filed more than 5 years prior to the search request,
the confidential intermediary shall confirm the petitioner's
desire to continue the search. Information provided to the
confidential intermediary by an adoption agency shall be
restricted to the full name, date of birth, place of birth,
last known address, last known telephone number of the
sought-after relative or, if applicable, of the children or
siblings of the sought-after relative, and the 18.3 statement.
    (h) Adoption agency disclosure of medical information. If
the petitioner is an adult adopted or surrendered person or the
adoptive parent of a minor and if the petitioner has signed a
written authorization to disclose personal medical
information, an adoption agency disclosing information to a
confidential intermediary shall disclose available medical
information about the adopted or surrendered person from birth
through adoption.
    (i) Duties of confidential intermediary in conducting a
search. In conducting a search under this Section, the
confidential intermediary shall first confirm that there is no
Denial of Information Exchange on file with the Illinois
Adoption Registry. If the petitioner is an adult child of an
adopted or surrendered person who is deceased, the confidential
intermediary shall additionally confirm that the adopted or
surrendered person did not file a Denial of Information
Exchange or a Birth Parent Preference Form with Option E
selected with the Illinois Adoption Registry during his or her
life. If there is a Denial on file with the Registry, the
confidential intermediary must discontinue the search unless
the petitioner is an adult adopted or surrendered person and
the sought-after birth relative filed the Denial 5 years or
more prior to the search or the birth parent has not been the
object of a search through the State confidential intermediary
program for 10 or more years. If the petitioner is an adult
adopted or surrendered person and there is a Birth Parent
Preference Form on file with the Registry and the birth parent
who completed the form selected Option E, the confidential
intermediary must discontinue the search unless 5 years or more
have elapsed since the filing of the Birth Parent Preference
Form. If the petitioner is an adult birth sibling of an adopted
or surrendered person or an adult sibling of a birth parent who
is deceased, the confidential intermediary shall additionally
confirm that the birth parent did not file a Denial of
Information Exchange or a Birth Parent Preference Form with
Option E selected with the Registry during his or her life. If
the confidential intermediary learns that a sought-after birth
parent signed an 18.3 statement indicating his or her intent
not to have identifying information shared, and did not later
file an Information Exchange Authorization or a Birth Parent
Preference Form with the Registry, the confidential
intermediary shall discontinue the search and inform the
petitioning party of the birth parent's intent, unless the
petitioner is an adult adopted or surrendered person and 5
years or more have elapsed since the birth parent signed the
statement indicating his or her intent not to have identifying
information shared. In cases where the birth parent filed a
Denial of Information Exchange or Birth Parent Preference Form
where Option E was selected, or statement indicating his or her
intent not to have identifying information shared less than 5
years prior to the search request and the petitioner is an
adult adopted or surrendered person, the confidential
intermediary shall inform the petitioner of the need to
discontinue the search until 5 years have elapsed since the
Denial of Information Exchange or Birth Parent Preference Form
where Option E was selected, or statement was filed; in cases
where a birth parent was previously the subject of a search
through the State confidential intermediary program, the
confidential intermediary shall inform the petitioner of the
need to discontinue the search until 10 years or more have
elapsed since the initial search was closed. In cases where a
birth parent has been the object of 2 searches through the
State confidential intermediary program, no subsequent search
for the birth parent shall be authorized absent a court order
to the contrary.
    In conducting a search under this Section, the confidential
intermediary shall attempt to locate the relative or relatives
from whom the petitioner has requested information. If the
sought-after relative is deceased or cannot be located after a
diligent search, the confidential intermediary may contact
other adult relatives of the sought-after relative.
    The confidential intermediary shall contact a sought-after
relative on behalf of the petitioner in a manner that respects
the sought-after relative's privacy and shall inform the
sought-after relative of the petitioner's request for medical
information, identifying information or contact as stated in
the petition. Based upon the terms of the petitioner's request,
the confidential intermediary shall contact a sought-after
relative on behalf of the petitioner and inform the
sought-after relative of the following options:
        (1) The sought-after relative may totally reject one or
    all of the requests for medical information, identifying
    information or contact. The sought-after relative shall be
    informed that they can provide a medical questionnaire to
    be forwarded to the petitioner without releasing any
    identifying information. The confidential intermediary
    shall inform the petitioner of the sought-after relative's
    decision to reject the sharing of information or contact.
        (2) The sought-after relative may consent to
    completing a medical questionnaire only. In this case, the
    confidential intermediary shall provide the questionnaire
    and ask the sought-after relative to complete it. The
    confidential intermediary shall forward the completed
    questionnaire to the petitioner and inform the petitioner
    of the sought-after relative's desire to not provide any
    additional information.
        (3) The sought-after relative may communicate with the
    petitioner without having his or her identity disclosed. In
    this case, the confidential intermediary shall arrange the
    desired communication in a manner that protects the
    identity of the sought-after relative. The confidential
    intermediary shall inform the petitioner of the
    sought-after relative's decision to communicate but not
    disclose his or her identity.
        (4) The sought-after relative may consent to initiate
    contact with the petitioner. If both the petitioner and the
    sought-after relative or relatives are eligible to
    register with the Illinois Adoption Registry, the
    confidential intermediary shall provide the necessary
    application forms and request that the sought-after
    relative register with the Illinois Adoption Registry. If
    either the petitioner or the sought-after relative or
    relatives are ineligible to register with the Illinois
    Adoption Registry, the confidential intermediary shall
    obtain written consents from both parties that they wish to
    disclose their identities to each other and to have contact
    with each other.
    (j) Oath. The confidential intermediary shall sign an oath
of confidentiality substantially as follows: "I, ..........,
being duly sworn, on oath depose and say: As a condition of
appointment as a confidential intermediary, I affirm that:
        (1) I will not disclose to the petitioner, directly or
    indirectly, any confidential information except in a
    manner consistent with the law.
        (2) I recognize that violation of this oath subjects me
    to civil liability and to a potential finding of contempt
    of court. ................................
SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
date)
................................."
    (k) Sanctions.
        (1) Any confidential intermediary who improperly
    discloses confidential information identifying a
    sought-after relative shall be liable to the sought-after
    relative for damages and may also be found in contempt of
    court.
        (2) Any person who learns a sought-after relative's
    identity, directly or indirectly, through the use of
    procedures provided in this Section and who improperly
    discloses information identifying the sought-after
    relative shall be liable to the sought-after relative for
    actual damages plus minimum punitive damages of $10,000.
        (3) The Department shall fine any confidential
    intermediary who improperly discloses confidential
    information in violation of item (1) or (2) of this
    subsection (k) an amount up to $2,000 per improper
    disclosure. This fine does not affect civil liability under
    item (2) of this subsection (k). The Department shall
    deposit all fines and penalties collected under this
    Section into the Illinois Adoption Registry and Medical
    Information Fund.
    (l) Death of person being sought. Notwithstanding any other
provision of this Act, if the confidential intermediary
discovers that the person being sought has died, he or she
shall report this fact to the court, along with a copy of the
death certificate. If the sought-after relative is a birth
parent, the confidential intermediary shall also forward a copy
of the birth parent's death certificate, if available, to the
Registry for inclusion in the Registry file.
    (m) Any confidential information obtained by the
confidential intermediary during the course of his or her
search shall be kept strictly confidential and shall be used
for the purpose of arranging contact between the petitioner and
the sought-after birth relative. At the time the case is
closed, all identifying information shall be returned to the
court for inclusion in the impounded adoption file.
    (n) If the petitioner is an adopted or surrendered person
21 years of age or over or the adoptive parent or legal
guardian of an adopted or surrendered person under the age of
21, any non-identifying information, as defined in Section
18.4, that is ascertained during the course of the search may
be given in writing to the petitioner at any time during the
search before the case is closed.
    (o) Except as provided in subsection (k) of this Section,
no liability shall accrue to the State, any State agency, any
judge, any officer or employee of the court, any certified
confidential intermediary, or any agency designated to oversee
confidential intermediary services for acts, omissions, or
efforts made in good faith within the scope of this Section.
    (p) An adoption agency that has received a request from a
confidential intermediary for the full name, date of birth,
last known address, or last known telephone number of a
sought-after relative pursuant to subsection (g) of Section
18.3a, or for medical information regarding a sought-after
relative pursuant to subsection (h) of Section 18.3a, must
satisfactorily comply with this court order within a period of
45 days. The court shall order the adoption agency to reimburse
the petitioner in an amount equal to all payments made by the
petitioner to the confidential intermediary, and the adoption
agency shall be subject to a civil monetary penalty of $1,000
to be paid to the Department of Children and Family Services.
Following the issuance of a court order finding that the
adoption agency has not complied with Section 18.3, the
adoption agency shall be subject to a monetary penalty of $500
per day for each subsequent day of non-compliance. Proceeds
from such fines shall be utilized by the Department of Children
and Family Services to subsidize the fees of petitioners as
referenced in subsection (d) of this Section.
    (q) Provide information to eligible petitioner. The
confidential intermediary may provide to eligible petitioners
as described in subsections (a) and (b) of this Section, the
name of the child welfare agency which had legal custody of the
surrendered person or responsibility for placing the
surrendered person and any available contact information for
such agency. In addition, the confidential intermediary may
provide to such petitioners the name of the state in which the
surrender occurred or in which the adoption was finalized.
    Any reimbursements and fines, notwithstanding any
reimbursement directly to the petitioner, paid under this
subsection are in addition to other remedies a court may
otherwise impose by law.
    The Department of Children and Family Services shall submit
reports to the Adoption Advisory Council Confidential
Intermediary Advisory Council by July 1 and January 1 of each
year in order to report the penalties assessed and collected
under this subsection, the amounts of related deposits into the
DCFS Children's Services Fund, and any expenditures from such
deposits.
(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10;
97-110, eff. 7-14-11.)
 
    (750 ILCS 50/18.07 rep.)
    Section 15. The Adoption Act is amended by repealing
Section 18.07.
 
    Section 99. Effective date. This Act takes effect January
1, 2013, except this Section and Section 5 take effect upon
becoming law.