HB3587 EnrolledLRB101 11082 LNS 56291 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Sections
51 and 18.9 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood, marriage,
14adoption, or civil union: parent, grand-parent,
15great-grandparent, brother, sister, step-parent,
16step-grandparent, step-brother, step-sister, uncle, aunt,
17great-uncle, great-aunt, first cousin, or second cousin. A
18person is related to the child as a first cousin or second
19cousin if they are both related to the same ancestor as either
20grandchild or great-grandchild. A child whose parent has
21executed a consent to adoption, a surrender, or a waiver
22pursuant to Section 10 of this Act or whose parent has signed a
23denial of paternity pursuant to Section 12 of the Vital Records

 

 

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1Act or Section 12a of this Act, or whose parent has had his or
2her parental rights terminated, is not a related child to that
3person, unless (1) the consent is determined to be void or is
4void pursuant to subsection O of Section 10 of this Act; or (2)
5the parent of the child executed a consent to adoption by a
6specified person or persons pursuant to subsection A-1 of
7Section 10 of this Act and a court of competent jurisdiction
8finds that such consent is void; or (3) the order terminating
9the parental rights of the parent is vacated by a court of
10competent jurisdiction.
11    C. "Agency" for the purpose of this Act means a public
12child welfare agency or a licensed child welfare agency.
13    D. "Unfit person" means any person whom the court shall
14find to be unfit to have a child, without regard to the
15likelihood that the child will be placed for adoption. The
16grounds of unfitness are any one or more of the following,
17except that a person shall not be considered an unfit person
18for the sole reason that the person has relinquished a child in
19accordance with the Abandoned Newborn Infant Protection Act:
20        (a) Abandonment of the child.
21        (a-1) Abandonment of a newborn infant in a hospital.
22        (a-2) Abandonment of a newborn infant in any setting
23    where the evidence suggests that the parent intended to
24    relinquish his or her parental rights.
25        (b) Failure to maintain a reasonable degree of
26    interest, concern or responsibility as to the child's

 

 

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1    welfare.
2        (c) Desertion of the child for more than 3 months next
3    preceding the commencement of the Adoption proceeding.
4        (d) Substantial neglect of the child if continuous or
5    repeated.
6        (d-1) Substantial neglect, if continuous or repeated,
7    of any child residing in the household which resulted in
8    the death of that child.
9        (e) Extreme or repeated cruelty to the child.
10        (f) There is a rebuttable presumption, which can be
11    overcome only by clear and convincing evidence, that a
12    parent is unfit if:
13            (1) Two or more findings of physical abuse have
14        been entered regarding any children under Section 2-21
15        of the Juvenile Court Act of 1987, the most recent of
16        which was determined by the juvenile court hearing the
17        matter to be supported by clear and convincing
18        evidence; or
19            (2) The parent has been convicted or found not
20        guilty by reason of insanity and the conviction or
21        finding resulted from the death of any child by
22        physical abuse; or
23            (3) There is a finding of physical child abuse
24        resulting from the death of any child under Section
25        2-21 of the Juvenile Court Act of 1987.
26        No conviction or finding of delinquency pursuant to

 

 

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1    Article V of the Juvenile Court Act of 1987 shall be
2    considered a criminal conviction for the purpose of
3    applying any presumption under this item (f).
4        (g) Failure to protect the child from conditions within
5    his environment injurious to the child's welfare.
6        (h) Other neglect of, or misconduct toward the child;
7    provided that in making a finding of unfitness the court
8    hearing the adoption proceeding shall not be bound by any
9    previous finding, order or judgment affecting or
10    determining the rights of the parents toward the child
11    sought to be adopted in any other proceeding except such
12    proceedings terminating parental rights as shall be had
13    under either this Act, the Juvenile Court Act or the
14    Juvenile Court Act of 1987.
15        (i) Depravity. Conviction of any one of the following
16    crimes shall create a presumption that a parent is depraved
17    which can be overcome only by clear and convincing
18    evidence: (1) first degree murder in violation of paragraph
19    1 or 2 of subsection (a) of Section 9-1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012 or conviction of
21    second degree murder in violation of subsection (a) of
22    Section 9-2 of the Criminal Code of 1961 or the Criminal
23    Code of 2012 of a parent of the child to be adopted; (2)
24    first degree murder or second degree murder of any child in
25    violation of the Criminal Code of 1961 or the Criminal Code
26    of 2012; (3) attempt or conspiracy to commit first degree

 

 

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1    murder or second degree murder of any child in violation of
2    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
3    solicitation to commit murder of any child, solicitation to
4    commit murder of any child for hire, or solicitation to
5    commit second degree murder of any child in violation of
6    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
7    predatory criminal sexual assault of a child in violation
8    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
9    or the Criminal Code of 2012; (6) heinous battery of any
10    child in violation of the Criminal Code of 1961; or (7)
11    aggravated battery of any child in violation of the
12    Criminal Code of 1961 or the Criminal Code of 2012.
13        There is a rebuttable presumption that a parent is
14    depraved if the parent has been criminally convicted of at
15    least 3 felonies under the laws of this State or any other
16    state, or under federal law, or the criminal laws of any
17    United States territory; and at least one of these
18    convictions took place within 5 years of the filing of the
19    petition or motion seeking termination of parental rights.
20        There is a rebuttable presumption that a parent is
21    depraved if that parent has been criminally convicted of
22    either first or second degree murder of any person as
23    defined in the Criminal Code of 1961 or the Criminal Code
24    of 2012 within 10 years of the filing date of the petition
25    or motion to terminate parental rights.
26        No conviction or finding of delinquency pursuant to

 

 

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1    Article 5 of the Juvenile Court Act of 1987 shall be
2    considered a criminal conviction for the purpose of
3    applying any presumption under this item (i).
4        (j) Open and notorious adultery or fornication.
5        (j-1) (Blank).
6        (k) Habitual drunkenness or addiction to drugs, other
7    than those prescribed by a physician, for at least one year
8    immediately prior to the commencement of the unfitness
9    proceeding.
10        There is a rebuttable presumption that a parent is
11    unfit under this subsection with respect to any child to
12    which that parent gives birth where there is a confirmed
13    test result that at birth the child's blood, urine, or
14    meconium contained any amount of a controlled substance as
15    defined in subsection (f) of Section 102 of the Illinois
16    Controlled Substances Act or metabolites of such
17    substances, the presence of which in the newborn infant was
18    not the result of medical treatment administered to the
19    mother or the newborn infant; and the biological mother of
20    this child is the biological mother of at least one other
21    child who was adjudicated a neglected minor under
22    subsection (c) of Section 2-3 of the Juvenile Court Act of
23    1987.
24        (l) Failure to demonstrate a reasonable degree of
25    interest, concern or responsibility as to the welfare of a
26    new born child during the first 30 days after its birth.

 

 

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1        (m) Failure by a parent (i) to make reasonable efforts
2    to correct the conditions that were the basis for the
3    removal of the child from the parent during any 9-month
4    period following the adjudication of neglected or abused
5    minor under Section 2-3 of the Juvenile Court Act of 1987
6    or dependent minor under Section 2-4 of that Act, or (ii)
7    to make reasonable progress toward the return of the child
8    to the parent during any 9-month period following the
9    adjudication of neglected or abused minor under Section 2-3
10    of the Juvenile Court Act of 1987 or dependent minor under
11    Section 2-4 of that Act. If a service plan has been
12    established as required under Section 8.2 of the Abused and
13    Neglected Child Reporting Act to correct the conditions
14    that were the basis for the removal of the child from the
15    parent and if those services were available, then, for
16    purposes of this Act, "failure to make reasonable progress
17    toward the return of the child to the parent" includes the
18    parent's failure to substantially fulfill his or her
19    obligations under the service plan and correct the
20    conditions that brought the child into care during any
21    9-month period following the adjudication under Section
22    2-3 or 2-4 of the Juvenile Court Act of 1987.
23    Notwithstanding any other provision, when a petition or
24    motion seeks to terminate parental rights on the basis of
25    item (ii) of this subsection (m), the petitioner shall file
26    with the court and serve on the parties a pleading that

 

 

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1    specifies the 9-month period or periods relied on. The
2    pleading shall be filed and served on the parties no later
3    than 3 weeks before the date set by the court for closure
4    of discovery, and the allegations in the pleading shall be
5    treated as incorporated into the petition or motion.
6    Failure of a respondent to file a written denial of the
7    allegations in the pleading shall not be treated as an
8    admission that the allegations are true.
9        (m-1) (Blank).
10        (n) Evidence of intent to forgo his or her parental
11    rights, whether or not the child is a ward of the court,
12    (1) as manifested by his or her failure for a period of 12
13    months: (i) to visit the child, (ii) to communicate with
14    the child or agency, although able to do so and not
15    prevented from doing so by an agency or by court order, or
16    (iii) to maintain contact with or plan for the future of
17    the child, although physically able to do so, or (2) as
18    manifested by the father's failure, where he and the mother
19    of the child were unmarried to each other at the time of
20    the child's birth, (i) to commence legal proceedings to
21    establish his paternity under the Illinois Parentage Act of
22    1984, the Illinois Parentage Act of 2015, or the law of the
23    jurisdiction of the child's birth within 30 days of being
24    informed, pursuant to Section 12a of this Act, that he is
25    the father or the likely father of the child or, after
26    being so informed where the child is not yet born, within

 

 

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1    30 days of the child's birth, or (ii) to make a good faith
2    effort to pay a reasonable amount of the expenses related
3    to the birth of the child and to provide a reasonable
4    amount for the financial support of the child, the court to
5    consider in its determination all relevant circumstances,
6    including the financial condition of both parents;
7    provided that the ground for termination provided in this
8    subparagraph (n)(2)(ii) shall only be available where the
9    petition is brought by the mother or the husband of the
10    mother.
11        Contact or communication by a parent with his or her
12    child that does not demonstrate affection and concern does
13    not constitute reasonable contact and planning under
14    subdivision (n). In the absence of evidence to the
15    contrary, the ability to visit, communicate, maintain
16    contact, pay expenses and plan for the future shall be
17    presumed. The subjective intent of the parent, whether
18    expressed or otherwise, unsupported by evidence of the
19    foregoing parental acts manifesting that intent, shall not
20    preclude a determination that the parent has intended to
21    forgo his or her parental rights. In making this
22    determination, the court may consider but shall not require
23    a showing of diligent efforts by an authorized agency to
24    encourage the parent to perform the acts specified in
25    subdivision (n).
26        It shall be an affirmative defense to any allegation

 

 

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1    under paragraph (2) of this subsection that the father's
2    failure was due to circumstances beyond his control or to
3    impediments created by the mother or any other person
4    having legal custody. Proof of that fact need only be by a
5    preponderance of the evidence.
6        (o) Repeated or continuous failure by the parents,
7    although physically and financially able, to provide the
8    child with adequate food, clothing, or shelter.
9        (p) Inability to discharge parental responsibilities
10    supported by competent evidence from a psychiatrist,
11    licensed clinical social worker, or clinical psychologist
12    of mental impairment, mental illness or an intellectual
13    disability as defined in Section 1-116 of the Mental Health
14    and Developmental Disabilities Code, or developmental
15    disability as defined in Section 1-106 of that Code, and
16    there is sufficient justification to believe that the
17    inability to discharge parental responsibilities shall
18    extend beyond a reasonable time period. However, this
19    subdivision (p) shall not be construed so as to permit a
20    licensed clinical social worker to conduct any medical
21    diagnosis to determine mental illness or mental
22    impairment.
23        (q) (Blank).
24        (r) The child is in the temporary custody or
25    guardianship of the Department of Children and Family
26    Services, the parent is incarcerated as a result of

 

 

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1    criminal conviction at the time the petition or motion for
2    termination of parental rights is filed, prior to
3    incarceration the parent had little or no contact with the
4    child or provided little or no support for the child, and
5    the parent's incarceration will prevent the parent from
6    discharging his or her parental responsibilities for the
7    child for a period in excess of 2 years after the filing of
8    the petition or motion for termination of parental rights.
9        (s) The child is in the temporary custody or
10    guardianship of the Department of Children and Family
11    Services, the parent is incarcerated at the time the
12    petition or motion for termination of parental rights is
13    filed, the parent has been repeatedly incarcerated as a
14    result of criminal convictions, and the parent's repeated
15    incarceration has prevented the parent from discharging
16    his or her parental responsibilities for the child.
17        (t) A finding that at birth the child's blood, urine,
18    or meconium contained any amount of a controlled substance
19    as defined in subsection (f) of Section 102 of the Illinois
20    Controlled Substances Act, or a metabolite of a controlled
21    substance, with the exception of controlled substances or
22    metabolites of such substances, the presence of which in
23    the newborn infant was the result of medical treatment
24    administered to the mother or the newborn infant, and that
25    the biological mother of this child is the biological
26    mother of at least one other child who was adjudicated a

 

 

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1    neglected minor under subsection (c) of Section 2-3 of the
2    Juvenile Court Act of 1987, after which the biological
3    mother had the opportunity to enroll in and participate in
4    a clinically appropriate substance abuse counseling,
5    treatment, and rehabilitation program.
6    E. "Parent" means a person who is the legal mother or legal
7father of the child as defined in subsection X or Y of this
8Section. For the purpose of this Act, a parent who has executed
9a consent to adoption, a surrender, or a waiver pursuant to
10Section 10 of this Act, who has signed a Denial of Paternity
11pursuant to Section 12 of the Vital Records Act or Section 12a
12of this Act, or whose parental rights have been terminated by a
13court, is not a parent of the child who was the subject of the
14consent, surrender, waiver, or denial unless (1) the consent is
15void pursuant to subsection O of Section 10 of this Act; or (2)
16the person executed a consent to adoption by a specified person
17or persons pursuant to subsection A-1 of Section 10 of this Act
18and a court of competent jurisdiction finds that the consent is
19void; or (3) the order terminating the parental rights of the
20person is vacated by a court of competent jurisdiction.
21    F. A person is available for adoption when the person is:
22        (a) a child who has been surrendered for adoption to an
23    agency and to whose adoption the agency has thereafter
24    consented;
25        (b) a child to whose adoption a person authorized by
26    law, other than his parents, has consented, or to whose

 

 

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1    adoption no consent is required pursuant to Section 8 of
2    this Act;
3        (c) a child who is in the custody of persons who intend
4    to adopt him through placement made by his parents;
5        (c-1) a child for whom a parent has signed a specific
6    consent pursuant to subsection O of Section 10;
7        (d) an adult who meets the conditions set forth in
8    Section 3 of this Act; or
9        (e) a child who has been relinquished as defined in
10    Section 10 of the Abandoned Newborn Infant Protection Act.
11    A person who would otherwise be available for adoption
12shall not be deemed unavailable for adoption solely by reason
13of his or her death.
14    G. The singular includes the plural and the plural includes
15the singular and the "male" includes the "female", as the
16context of this Act may require.
17    H. (Blank).
18    I. "Habitual residence" has the meaning ascribed to it in
19the federal Intercountry Adoption Act of 2000 and regulations
20promulgated thereunder.
21    J. "Immediate relatives" means the biological parents, the
22parents of the biological parents and siblings of the
23biological parents.
24    K. "Intercountry adoption" is a process by which a child
25from a country other than the United States is adopted by
26persons who are habitual residents of the United States, or the

 

 

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1child is a habitual resident of the United States who is
2adopted by persons who are habitual residents of a country
3other than the United States.
4    L. (Blank).
5    M. "Interstate Compact on the Placement of Children" is a
6law enacted by all states and certain territories for the
7purpose of establishing uniform procedures for handling the
8interstate placement of children in foster homes, adoptive
9homes, or other child care facilities.
10    N. (Blank).
11    O. "Preadoption requirements" means any conditions or
12standards established by the laws or administrative rules of
13this State that must be met by a prospective adoptive parent
14prior to the placement of a child in an adoptive home.
15    P. "Abused child" means a child whose parent or immediate
16family member, or any person responsible for the child's
17welfare, or any individual residing in the same home as the
18child, or a paramour of the child's parent:
19        (a) inflicts, causes to be inflicted, or allows to be
20    inflicted upon the child physical injury, by other than
21    accidental means, that causes death, disfigurement,
22    impairment of physical or emotional health, or loss or
23    impairment of any bodily function;
24        (b) creates a substantial risk of physical injury to
25    the child by other than accidental means which would be
26    likely to cause death, disfigurement, impairment of

 

 

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1    physical or emotional health, or loss or impairment of any
2    bodily function;
3        (c) commits or allows to be committed any sex offense
4    against the child, as sex offenses are defined in the
5    Criminal Code of 2012 and extending those definitions of
6    sex offenses to include children under 18 years of age;
7        (d) commits or allows to be committed an act or acts of
8    torture upon the child; or
9        (e) inflicts excessive corporal punishment.
10    Q. "Neglected child" means any child whose parent or other
11person responsible for the child's welfare withholds or denies
12nourishment or medically indicated treatment including food or
13care denied solely on the basis of the present or anticipated
14mental or physical impairment as determined by a physician
15acting alone or in consultation with other physicians or
16otherwise does not provide the proper or necessary support,
17education as required by law, or medical or other remedial care
18recognized under State law as necessary for a child's
19well-being, or other care necessary for his or her well-being,
20including adequate food, clothing and shelter; or who is
21abandoned by his or her parents or other person responsible for
22the child's welfare.
23    A child shall not be considered neglected or abused for the
24sole reason that the child's parent or other person responsible
25for his or her welfare depends upon spiritual means through
26prayer alone for the treatment or cure of disease or remedial

 

 

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1care as provided under Section 4 of the Abused and Neglected
2Child Reporting Act. A child shall not be considered neglected
3or abused for the sole reason that the child's parent or other
4person responsible for the child's welfare failed to vaccinate,
5delayed vaccination, or refused vaccination for the child due
6to a waiver on religious or medical grounds as permitted by
7law.
8    R. "Putative father" means a man who may be a child's
9father, but who (1) is not married to the child's mother on or
10before the date that the child was or is to be born and (2) has
11not established paternity of the child in a court proceeding
12before the filing of a petition for the adoption of the child.
13The term includes a male who is less than 18 years of age.
14"Putative father" does not mean a man who is the child's father
15as a result of criminal sexual abuse or assault as defined
16under Article 11 of the Criminal Code of 2012.
17    S. "Standby adoption" means an adoption in which a parent
18consents to custody and termination of parental rights to
19become effective upon the occurrence of a future event, which
20is either the death of the parent or the request of the parent
21for the entry of a final judgment of adoption.
22    T. (Blank).
23    T-5. "Biological parent", "birth parent", or "natural
24parent" of a child are interchangeable terms that mean a person
25who is biologically or genetically related to that child as a
26parent.

 

 

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1    U. "Interstate adoption" means the placement of a minor
2child with a prospective adoptive parent for the purpose of
3pursuing an adoption for that child that is subject to the
4provisions of the Interstate Compact on Placement of Children.
5    V. (Blank).
6    W. (Blank).
7    X. "Legal father" of a child means a man who is recognized
8as or presumed to be that child's father:
9        (1) because of his marriage to or civil union with the
10    child's parent at the time of the child's birth or within
11    300 days prior to that child's birth, unless he signed a
12    denial of paternity pursuant to Section 12 of the Vital
13    Records Act or a waiver pursuant to Section 10 of this Act;
14    or
15        (2) because his paternity of the child has been
16    established pursuant to the Illinois Parentage Act, the
17    Illinois Parentage Act of 1984, or the Gestational
18    Surrogacy Act; or
19        (3) because he is listed as the child's father or
20    parent on the child's birth certificate, unless he is
21    otherwise determined by an administrative or judicial
22    proceeding not to be the parent of the child or unless he
23    rescinds his acknowledgment of paternity pursuant to the
24    Illinois Parentage Act of 1984; or
25        (4) because his paternity or adoption of the child has
26    been established by a court of competent jurisdiction.

 

 

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1    The definition in this subsection X shall not be construed
2to provide greater or lesser rights as to the number of parents
3who can be named on a final judgment order of adoption or
4Illinois birth certificate that otherwise exist under Illinois
5law.
6    Y. "Legal mother" of a child means a woman who is
7recognized as or presumed to be that child's mother:
8        (1) because she gave birth to the child except as
9    provided in the Gestational Surrogacy Act; or
10        (2) because her maternity of the child has been
11    established pursuant to the Illinois Parentage Act of 1984
12    or the Gestational Surrogacy Act; or
13        (3) because her maternity or adoption of the child has
14    been established by a court of competent jurisdiction; or
15        (4) because of her marriage to or civil union with the
16    child's other parent at the time of the child's birth or
17    within 300 days prior to the time of birth; or
18        (5) because she is listed as the child's mother or
19    parent on the child's birth certificate unless she is
20    otherwise determined by an administrative or judicial
21    proceeding not to be the parent of the child.
22    The definition in this subsection Y shall not be construed
23to provide greater or lesser rights as to the number of parents
24who can be named on a final judgment order of adoption or
25Illinois birth certificate that otherwise exist under Illinois
26law.

 

 

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1    Z. "Department" means the Illinois Department of Children
2and Family Services.
3    AA. "Placement disruption" means a circumstance where the
4child is removed from an adoptive placement before the adoption
5is finalized.
6    BB. "Secondary placement" means a placement, including but
7not limited to the placement of a youth in care as defined in
8Section 4d of the Children and Family Services Act, that occurs
9after a placement disruption or an adoption dissolution.
10"Secondary placement" does not mean secondary placements
11arising due to the death of the adoptive parent of the child.
12    CC. "Adoption dissolution" means a circumstance where the
13child is removed from an adoptive placement after the adoption
14is finalized.
15    DD. "Unregulated placement" means the secondary placement
16of a child that occurs without the oversight of the courts, the
17Department, or a licensed child welfare agency.
18    EE. "Post-placement and post-adoption support services"
19means support services for placed or adopted children and
20families that include, but are not limited to, mental health
21treatment, including counseling and other support services for
22emotional, behavioral, or developmental needs, and treatment
23for substance abuse.
24(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642,
25eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
 

 

 

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1    (750 ILCS 50/18.9)
2    Sec. 18.9. Post-placement and post-adoption support
3services.
4    (a) It is the public policy of this State to find
5permanency for children through adoption and to prevent
6placement disruption, adoption dissolution, and secondary
7placement. Public awareness and access Access to timely,
8effective post-placement and post-adoption support services to
9provide support and resources for children and youth in care as
10defined in Section 4d of the Children and Family Services Act,
11foster families, and adoptive families is essential to promote
12permanency. Public awareness of post-placement and
13post-adoption services and the ability of families to utilize
14effective services are essential to permanency.
15    (b) The Department shall establish and maintain accessible
16post-placement and post-adoption support services for all
17children adopted pursuant to this Act, all children residing in
18this State adopted pursuant to the Interstate Compact on the
19Placement of Children, all children residing in this State
20adopted pursuant to the Intercountry Adoption Act of 2000, and
21all former youth in care, as defined by the Children and Family
22Services Act, who have been placed in a guardianship.
23    (b-5) The Department shall establish and maintain a
24toll-free number to respond to requests from the public about
25its post-placement and post-adoption support services under
26subsection (b) and shall staff the toll-free number so that

 

 

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1calls are answered on a timely basis, but in no event more than
224 hours from the receipt of a request.
3    (c) The Department shall publicize post information about
4the Department's post-placement and post-adoption support
5services pursuant to subsection (b) and the toll-free number
6pursuant to subsection (b-5) as follows:
7        (1) it shall post information on the Department's
8    website; and
9        (2) it shall provide the information to every licensed
10    child welfare agency, every out of State placement agency
11    or entity approved under Section 4.1 of this Act, and any
12    entity providing adoption support services in the Illinois
13    courts; .
14        (3) it The Department's post-placement and
15    post-adoption support services shall reference such
16    information be referenced in the information regarding
17    adoptive parents' rights and responsibilities document
18    that the Department publishes and that is provided provides
19    to adoptive parents under this Act and the Child Care Act.
20        (4) it shall provide the information, including the
21    Illinois Post Adoption and Guardianship Services booklet,
22    to prospective adoptive parents and guardians as part of
23    its adoption and guardianship training and at the time they
24    are presented with the Permanency Commitment form; and
25        (5) it shall include, in each annual notification
26    letter mailed to adoptive parents and guardians, a short,

 

 

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1    2-sided flier or news bulletin in plain language that
2    describes access to post-placement and post-adoption
3    services, how to access Medicaid and Individual Care Grant
4    or Family Support Program services, the webpage address to
5    Illinois' Post Adoption and Guardianship Services booklet,
6    information on how to request that a copy of the booklet be
7    mailed, and a sticker or magnet that includes the toll-free
8    number to access the Department's post-placement and
9    post-adoption support services. The Department shall
10    establish and maintain a toll-free number to advise the
11    public about its post-placement and post-adoption support
12    services and post the number on its website.
13    (c-5) The Department shall review and update annually all
14information relating to its post-placement and post-adoption
15support services, including its Post Adoption and Guardianship
16Services booklet, to include updated information on Individual
17Care Group or Family Support Program services eligibility and
18the post-placement and post-adoption support services that are
19available through the Medicaid program or any other State
20program for mental health services. The Department and the
21Department of Healthcare and Family Services shall coordinate
22their efforts in the development of resources described in this
23subsection.
24    (d) Every licensed child welfare agency, every entity
25approved under Section 4.1 of this Act, and any entity
26providing adoption support services in the Illinois courts

 

 

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1shall provide the Department's website address and link to the
2Department's post-placement and post-adoption support services
3information set forth in subsection (c) of this Section,
4including the Department's toll-free number, to every adoptive
5parent, prospective adoptive parent, and guardian with whom
6they work in Illinois. This information shall be provided prior
7to placement.
8    (e) Beginning one year after the effective date of this
9amendatory Act of the 101st 99th General Assembly, the
10Department shall report annually to the General Assembly on
11January 15 the following information for the preceding year:
12        (1) a description of all post-placement and
13    post-adoption support services the Department provides;
14        (2) without identifying the names of the recipients of
15    the services, the number of guardians foster parents,
16    prospective adoptive parents, and adoptive families in
17    Illinois who have received the Department's post-placement
18    and post-adoption support services and the type of services
19    provided and for each, the length of time between the
20    initial contact to the Department to request
21    post-placement and post-adoption support services and the
22    first receipt of services, and the type of services
23    received;
24        (3) the number of families who have contacted the
25    Department about its post-placement and post-adoption
26    support services due to a potential placement disruption,

 

 

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1    adoption dissolution, secondary placement, or unregulated
2    placement, but for whom the Department declined to provide
3    post-placement and post-adoption support services and the
4    reasons that services were denied; and
5        (4) the number of placement disruptions, adoption
6    dissolutions, unregulated placements, and secondary
7    placements, and for each one:
8            (A) the type of placement or adoption, including
9        whether the child who was the subject of the placement
10        was a youth in care as defined in Section 4d of the
11        Children and Family Services Act, and if the child was
12        not a youth in care, whether the adoption was a
13        private, agency, agency-assisted, interstate, or
14        intercountry adoption;
15            (B) if the placement or adoption was intercountry,
16        the country of birth of the child;
17            (C) whether the child who was the subject of the
18        placement disruption, adoption dissolution,
19        unregulated placement, or secondary placement entered
20        State custody;
21            (D) the length of the placement prior to the
22        placement disruption, adoption dissolution,
23        unregulated placement, or secondary placement;
24            (E) the age of the child at the time of the
25        placement disruption, adoption dissolution,
26        unregulated placement, or secondary placement;

 

 

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1            (F) the reason, if known, for the placement
2        disruption, adoption dissolution, unregulated
3        placement, or secondary placement; and
4            (G) if a licensed child welfare agency or any
5        approved out of State placing entity participated in
6        the initial placement, and, if applicable, the name of
7        the agency or approved out of State placing entity;
8        and .
9        (5) a description of the coordination between the
10    Department and the Department of Healthcare and Family
11    Services to develop resources under this subsection,
12    including, but not limited to, a description of the goals
13    of such coordination and whether the goals have been met.
14(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)