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Public Act 100-0406


 

Public Act 0406 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0406
 
SB0646 EnrolledLRB100 07832 KTG 17900 b

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

Effective Date: 1/1/2018