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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Section
518.08 as follows:
 
6    (750 ILCS 50/18.08)
7    Sec. 18.08. Adoption Registry-Confidential Intermediary
8Advisory Council.
9    (a) There shall be established under the Department of
10Public Health and the Department of Children and Family
11Services the Adoption Registry-Confidential Intermediary
12Advisory Council. The Council shall include:
13        (1) the Director of the Department of Public Health, or
14    his or her designee, who shall serve as the co-chairperson
15    of the Council;
16        (2) the Director of the Department of Children and
17    Family Services, or his or her designee, who shall serve as
18    the co-chairperson of the Council;
19        (3) an attorney representing the Attorney General's
20    Office appointed by the Attorney General;
21        (4) a currently certified confidential intermediary
22    appointed by the Director of the Department of Children and
23    Family Services;

 

 

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1        (5) one representative from each of the following
2    organizations appointed by the Director of the Department
3    of Public Health: Adoption Advocates of America, Adoptive
4    Families Today, Catholic Conference of Illinois, Chicago
5    Area Families for Adoption, Chicago Bar Association, Child
6    Care Association of Illinois, Children's Home and Aid
7    Society of Illinois, Child Welfare Advisory Council, The
8    Cradle, Healing Hearts, Illinois Foster Parents
9    Association, Illinois State Bar Association, Illinois
10    State Medical Society, Jewish Child & Family Services
11    Jewish Children's Bureau, LDS Social Services, Lutheran
12    Social Services of Illinois, Maryville Academy, Midwest
13    Adoption Center, St. Mary's Services, Stars of David,
14    Truthseekers in Adoption, and White Oak Foundation;
15        (6) 5 additional members appointed by the Director of
16    the Department of Children and Family Services who shall,
17    when making those appointments, consider advocates for
18    adopted persons, adoptive parents, or birth parents,
19    lawyers who represent clients in private adoptions,
20    lawyers specializing in privacy law, and representatives
21    of agencies involved in adoptions;
22        (7) an attorney from the Department of Children and
23    Family Services, who shall serve as an ex-officio,
24    non-voting advisor to the Council; and
25        (8) the person directly responsible for administering
26    the confidential intermediary program, who shall serve as

 

 

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1    an ex-officio, non-voting advisor to the Council.
2    (b) If any one of the named organizations in item (5) of
3subsection (a) notifies the Director of the Department of
4Public Health or the Director of the Department of Children and
5Family Services in writing that the organization does not wish
6to participate on the Adoption Registry-Confidential
7Intermediary Advisory Council or that the organization is no
8longer functioning, the Directors may designate another
9organization that represents the same constituency as the named
10organization to replace the named organization on the Council.
11    (c) Council members shall receive no compensation for their
12service. The Council shall meet no less often than once every 6
13months and shall meet as the Director of the Department of
14Public Health or the Director of the Department of Children and
15Family Services deems necessary. The Council shall have only an
16advisory role to the Directors and may make recommendations to
17the pertinent Department regarding the development of rules,
18procedures, and forms that will promote the efficient and
19effective operation of (i) the Illinois Adoption Registry, (ii)
20the Office of Vital Records as it pertains to the Registry and
21to access to the non-certified copy of the original birth
22certificate, and (iii) the Confidential Intermediary Program
23in Illinois. The Council will also serve in an advisory
24capacity regarding the effective delivery of adult
25post-adoption services in Illinois, including:
26        (1) advising the Department of Public Health on the

 

 

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1    development of rules, procedures, and forms utilized by the
2    Illinois Adoption Registry and Medical Information
3    Exchange;
4        (2) making recommendations regarding the procedures,
5    tools, and technology that will promote efficient and
6    effective operation of the Registry;
7        (3) assisting the Department of Public Health with the
8    development, publication, and circulation of an
9    informational pamphlet that describes the purpose,
10    function, and mechanics of the Illinois Adoption Registry
11    and Medical Information Exchange, including information
12    about who is eligible to register and how to register;
13    information about the questions and concerns that
14    registrants may develop when they register or when they
15    receive information from the Registry; and a list of
16    services, programs, groups, and informational websites
17    that are available to assist registrants with their
18    questions and concerns;
19        (4) collecting, compiling, and reviewing statistical
20    data and empirical information concerning the procedures
21    in the Registry including, but not limited to, data
22    concerning the filing of Denials of Information Exchange,
23    Information Exchange Authorizations, Requests for a
24    Non-Certified Copy of an Original Birth Certificate, and
25    Birth Parent Preference Forms;
26        (5) making recommendations to the Director of the

 

 

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1    Department of Children and Family Services regarding the
2    standards for certification for confidential
3    intermediaries;
4        (6) making recommendations to the Director of the
5    Department of Children and Family Services concerning
6    oversight methods used to verify that intermediaries are
7    complying with the appropriate laws;
8        (7) assisting the Department of Children and Family
9    Services with training for confidential intermediaries,
10    including training with respect to federal and State
11    privacy laws;
12        (8) reviewing the relationship between confidential
13    intermediaries and the court system and making
14    recommendations to the Director of the Department of
15    Children and Family Services concerning sample orders that
16    define the scope of the intermediaries' access to
17    information;
18        (9) considering any recent violations of policy or
19    procedures by confidential intermediaries and remedial
20    steps, including decertification, which might be
21    recommended to the Director of the Department of Children
22    and Family Services so as to prevent future violations; and
23        (10) reviewing reports from the Department of Children
24    and Family Services submitted by July 1 and January 1 of
25    each year in order detailing the penalties assessed and
26    collected, the amounts of related deposits into the DCFS

 

 

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1    Children's Services Fund, and any expenditures from such
2    deposits.
3    (d) Within 45 days after the effective date of this
4amendatory Act of the 97th General Assembly, both the Adoption
5Registry Advisory Council and the Confidential Intermediary
6Council shall, notwithstanding any other provision of this Act,
7turn over the Council's records to the Adoption
8Registry-Confidential Intermediary Advisory Council and cease
9to function.
10(Source: P.A. 97-1063, eff. 1-1-13; 98-704, eff. 1-1-15.)