102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3130

 

Introduced 1/11/2022, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/7.5
750 ILCS 50/18.3  from Ch. 40, par. 1522.3
750 ILCS 50/18.3a  from Ch. 40, par. 1522.3a

    Amends the Children and Family Services Act. Replaces the definition of "post-adoption reunion services" with a definition of "search and reunion services". Requires the Department of Children and Family Services to provide a notice that includes a description of the Department's search and reunion services and an explanation of how to access those services to all youth in care, within 30 days after their 18th birthday and within 30 days prior to closure of their pending case if the case is closing after the youth's 18th birthday. Amends the Adoption Act. Provides that former youth in care who have been surrendered or adopted who are (i) between the ages of 18 and 21 and who are seeking contact or an exchange of information with siblings, birth relatives, former foster parents, or former foster siblings or (ii) over the age of 21 who are seeking contact with former foster parents or former foster siblings are not required to complete an Illinois Adoption Registry Application prior to commencement of the search. Allows a former youth in care who was surrendered or adopted to petition the court for appointment of a confidential intermediary for the purposes of obtaining identifying information or arranging contact with (i) siblings or birth relatives if the former youth in care is between the ages of 18 and 21 or (ii) former foster parents or foster siblings if the former youth in care is over the age of 21.


LRB102 23089 LNS 32245 b

 

 

A BILL FOR

 

SB3130LRB102 23089 LNS 32245 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 Children and Family Services Act is amended
5by changing Section 7.5 as follows:
 
6    (20 ILCS 505/7.5)
7    Sec. 7.5. Search and reunion services for youth in care
8and former youth in care. Notice of post-adoption reunion
9services.
10    (a) For purposes of this Section, "search and reunion
11services" "post-adoption reunion services" means:
12        (1) services provided by the Department to facilitate
13    contact between adoptees and their siblings when one or
14    more is still in the Department's care or adopted
15    elsewhere, with the notarized consent of the adoptive
16    parents of a minor child, when such contact has been
17    established to be necessary to the adoptee's best
18    interests and when all involved parties, including the
19    adoptive parent of a former youth in care child under 18 21
20    years of age, have provided written consent for such
21    contact;
22        (2) services provided by the Department to facilitate
23    contact between current or former youth in care, over the

 

 

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1    age of 18, including, but not limited to, youth who were
2    adopted, to facilitate contact with siblings, biological
3    relatives, former foster parents, or former foster
4    siblings.
5    (b) The Department shall provide to all adoptive parents
6of children receiving monthly adoption assistance under
7subsection (j) of Section 5 of this Act a notice that includes
8a description of the Department's post-adoption reunion
9services and an explanation of how to access those services.
10The notice to adoptive parents shall be provided at least once
11per year until such time as the adoption assistance payments
12cease.
13    (b-5) The Department shall also provide a notice that
14includes a description of the Department's search and reunion
15services and an explanation of how to access those services to
16each person who is a youth in care within 30 days after the
17youth's 18th birthday and within 30 days prior to closure of
18the youth's case pending under Article II of the Juvenile
19Court Act of 1987 if the case is closing after the youth's 18th
20birthday. The Department shall work with organizations, such
21as the Foster Care Alumni of America Illinois Chapter, that
22have contact with foster care alumni, to distribute
23information about the Department's search and reunion services
24to all youth in care, within 30 days after their 18th birthday,
25the notice described in this Section.
26    (c) The Department shall adopt a rule regarding the

 

 

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1provision of search and reunion services to youth in care and
2former youth in care.
3(Source: P.A. 100-159, eff. 8-18-17.)
 
4    Section 10. The Adoption Act is amended by changing
5Sections 18.3 and 18.3a as follows:
 
6    (750 ILCS 50/18.3)  (from Ch. 40, par. 1522.3)
7    Sec. 18.3. (a) The agency, Department of Children and
8Family Services, Court Supportive Services, Juvenile Division
9of the Circuit Court, and any other party to the surrender of a
10child for adoption or in an adoption proceeding shall inform
11any birth parent or parents relinquishing a child for purposes
12of adoption after the effective date of this Act of the
13opportunity to register with the Illinois Adoption Registry
14and Medical Information Exchange and to utilize the Illinois
15confidential intermediary program and shall obtain a written
16confirmation that acknowledges the birth parent's receipt of
17such information.
18    The birth parent shall be informed in writing that if
19contact or exchange of identifying information with the adult
20adopted or surrendered person is to occur, that adult adopted
21or surrendered person must be 21 years of age or over except as
22referenced in paragraph (d) of this Section.
23    (b) Any birth parent, birth sibling, adopted or
24surrendered person, adoptive parent, or legal guardian

 

 

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1indicating their desire to receive identifying or medical
2information shall be informed of the existence of the Registry
3and assistance shall be given to such person to legally record
4his or her name with the Registry.
5    (c) The agency, Department of Children and Family
6Services, Court Supportive Services, Juvenile Division of the
7Circuit Court, and any other organization involved in the
8surrender of a child for adoption in an adoption proceeding
9which has written statements from an adopted or surrendered
10person and the birth parent or a birth sibling indicating a
11desire to share identifying information or establish contact
12shall supply such information to the mutually consenting
13parties, except that no identifying information shall be
14supplied to consenting birth siblings if any such sibling is
15under 21 years of age. However, both the Registry having an
16Information Exchange Authorization and the organization having
17a written statement requesting the sharing of identifying
18information or contact shall communicate with each other to
19determine if the adopted or surrendered person or the birth
20parent or birth sibling has signed a form at a later date
21indicating a change in his or her desires regarding the
22sharing of information or contact.
23    (d) On and after January 1, 2000, any licensed child
24welfare agency which provides post-adoption search assistance
25to adoptive parents, adopted persons, surrendered persons,
26birth parents, or other birth relatives shall require that any

 

 

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1person requesting post-adoption search assistance complete an
2Illinois Adoption Registry Application prior to the
3commencement of the search. However, former youth in care as
4defined in Section 4d of the Children and Family Services Act
5who have been surrendered or adopted who are (i) between the
6ages of 18 and 21 who have been surrendered or adopted and who
7are seeking contact or an exchange of information with
8siblings, birth relatives, former foster parents, or former
9foster siblings or (ii) over the age of 21 who are seeking
10contact with former foster parents or former foster siblings
11shall not be required to complete an Illinois Adoption
12Registry Application prior to commencement of the search,
13provided that the search is performed consistent with
14applicable Sections of this Act.
15(Source: P.A. 100-159, eff. 8-18-17.)
 
16    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
17    Sec. 18.3a. Confidential intermediary.
18    (a) General purposes. Notwithstanding any other provision
19of this Act,
20        (1) any adopted or surrendered person 21 years of age
21    or over; or
22        (2) any adoptive parent or legal guardian of an
23    adopted or surrendered person under the age of 21; or
24        (3) any birth parent of an adopted or surrendered
25    person who is 21 years of age or over; or

 

 

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1        (4) any adult child or adult grandchild of a deceased
2    adopted or surrendered person; or
3        (5) any adoptive parent or surviving spouse of a
4    deceased adopted or surrendered person; or
5        (6) any adult birth sibling of the adult adopted or
6    surrendered person unless the birth parent has checked
7    Option E on the Birth Parent Preference Form or has filed a
8    Denial of Information Exchange with the Registry and is
9    not deceased; or
10        (7) any adult adopted birth sibling of an adult
11    adopted or surrendered person; or
12        (8) any adult birth sibling of the birth parent if the
13    birth parent is deceased; or
14        (9) any birth grandparent
15may petition the court in any county in the State of Illinois
16for appointment of a confidential intermediary as provided in
17this Section for the purpose of exchanging medical information
18with one or more mutually consenting biological relatives,
19obtaining identifying information about one or more mutually
20consenting biological relatives, or arranging contact with one
21or more mutually consenting biological relatives. The
22petitioner shall be required to accompany his or her petition
23with proof of registration with the Illinois Adoption Registry
24and Medical Information Exchange.
25    (a-5) In addition, any former youth in care as defined in
26Section 4d of the Children and Family Services Act who was

 

 

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1adopted or surrendered may petition the court in any county in
2the State for appointment of a confidential intermediary as
3provided in this Section for the purposes of obtaining
4identifying information or arranging contact with (i) siblings
5or birth relatives if the former youth in care is between the
6ages of 18 and 21 or (ii) former foster parents or foster
7siblings if the former youth in care is over the age of 21. A
8petitioner under this subsection is not required to register
9with the Illinois Adoption Registry and Medical Information
10Exchange.
11    (b) Petition. Upon petition, the court shall appoint a
12confidential intermediary. The petition shall indicate if the
13petitioner wants to do any one or more of the following as to
14the sought-after relative or relatives: exchange medical
15information with the biological relative or relatives, obtain
16identifying information from the biological relative or
17relatives, or to arrange contact with the biological relative.
18    (c) Order. The order appointing the confidential
19intermediary shall allow that intermediary to conduct a search
20for the sought-after relative by accessing those records
21described in subsection (g) of this Section.
22    (d) Fees and expenses. The court shall not condition the
23appointment of the confidential intermediary on the payment of
24the intermediary's fees and expenses in advance of the
25commencement of the work of the confidential intermediary. No
26fee shall be charged to any petitioner.

 

 

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1    (e) Eligibility of intermediary. The court may appoint as
2confidential intermediary any person certified by the
3Department of Children and Family Services as qualified to
4serve as a confidential intermediary. Certification shall be
5dependent upon the confidential intermediary completing a
6course of training including, but not limited to, applicable
7federal and State privacy laws.
8    (f) (Blank).
9    (g) Confidential intermediary access to information.
10Subject to the limitations of subsection (i) of this Section,
11the confidential intermediary shall have access to vital
12records maintained by the Department of Public Health and its
13local designees for the maintenance of vital records, or a
14comparable public entity that maintains vital records in
15another state in accordance with that state's laws, and all
16records of the court or any adoption agency, public or
17private, as limited in this Section, which relate to the
18adoption or the identity and location of an adopted or
19surrendered person, of an adult child or surviving spouse of a
20deceased adopted or surrendered person, or of a birth parent,
21birth sibling, or the sibling of a deceased birth parent. The
22confidential intermediary shall not have access to any
23personal health information protected by the Standards for
24Privacy of Individually Identifiable Health Information
25adopted by the U.S. Department of Health and Human Services
26under the Health Insurance Portability and Accountability Act

 

 

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1of 1996 unless the confidential intermediary has obtained
2written consent from the person whose information is being
3sought by an adult adopted or surrendered person or, if that
4person is a minor child, that person's parent or guardian.
5Confidential intermediaries shall be authorized to inspect
6confidential relinquishment and adoption records. The
7confidential intermediary shall not be authorized to access
8medical records, financial records, credit records, banking
9records, home studies, attorney file records, or other
10personal records. In cases where a birth parent is being
11sought, an adoption agency shall inform the confidential
12intermediary of any statement filed pursuant to Section 18.3,
13hereinafter referred to as "the 18.3 statement", indicating a
14desire of the surrendering birth parent to have identifying
15information shared or to not have identifying information
16shared. Information provided to the confidential intermediary
17by an adoption agency shall be restricted to the full name,
18date of birth, place of birth, last known address, last known
19telephone number of the sought-after relative or, if
20applicable, of the children or siblings of the sought-after
21relative, and the 18.3 statement. If the petitioner is an
22adult adopted or surrendered person or the adoptive parent of
23a minor and if the petitioner has signed a written
24authorization to disclose personal medical information, an
25adoption agency disclosing information to a confidential
26intermediary shall disclose available medical information

 

 

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1about the adopted or surrendered person from birth through
2adoption.
3    (h) Missing or lost original birth certificate; remedy.
4Disclosure of information by the confidential intermediary
5shall be consistent with the public policy and intent of laws
6granting original birth certificate access as expressed in
7Section 18.04 of this Act. The confidential intermediary shall
8comply with the following procedures in disclosing information
9to the petitioners:
10         (1) If the petitioner is an adult adopted or
11    surrendered person, or the adult child, adult grandchild,
12    or surviving spouse of a deceased adopted or surrendered
13    person, the confidential intermediary shall disclose:
14            (A) identifying information about the birth parent
15        of the adopted person which, in the ordinary course of
16        business, would have been reflected on the original
17        filed certificate of birth, as of the date of birth,
18        only if:
19                (i) the adopted person was born before January
20            1, 1946 and the petitioner has requested a
21            non-certified copy of the adopted person's
22            original birth certificate under Section 18.1 of
23            this Act, and the Illinois Department of Public
24            Health has issued a certification that the
25            original birth certificate was not found, or the
26            petitioner has presented the confidential

 

 

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1            intermediary with the non-certified copy of the
2            original birth certificate which omits the name of
3            the birth parent;
4                (ii) the adopted person was born after January
5            1, 1946, and the petitioner has requested a
6            non-certified copy of the adopted person's
7            original birth certificate under Section 18.1 of
8            this Act and the Illinois Department of Public
9            Health has issued a certification that the
10            original birth certificate was not found.
11            In providing information pursuant to this
12        subdivision (h)(1)(A), the confidential intermediary
13        shall expressly inform the petitioner in writing that
14        since the identifying information is not from an
15        official original certificate of birth filed pursuant
16        to the Vital Records Act, the confidential
17        intermediary cannot attest to the complete accuracy of
18        the information and the confidential intermediary
19        shall not be liable if the information disclosed is
20        not accurate. Only information from the court files
21        shall be provided to the petitioner in this Section.
22        If the identifying information concerning a birth
23        father is sought by the petitioner, the confidential
24        intermediary shall disclose only the identifying
25        information of the birth father as defined in Section
26        18.06 of this Act;

 

 

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1            (B) the name of the child welfare agency which had
2        legal custody of the surrendered person or
3        responsibility for placing the surrendered person and
4        any available contact information for such agency;
5            (C) the name of the state in which the surrender
6        occurred or in which the adoption was finalized; and
7            (D) any information for which the sought-after
8        relative has provided his or her consent to disclose
9        under paragraphs (1) through (4) of subsection (i) of
10        this Section.
11        (2) If the petitioner is an adult adopted or
12    surrendered person, or the adoptive parent of an adult
13    adopted or surrendered person under the age of 21, or the
14    adoptive parent of a deceased adopted or surrendered
15    person, the confidential intermediary shall provide, in
16    addition to the information listed in paragraph (1) of
17    this subsection (h):
18            (A) any information which the adoption agency
19        provides pursuant to subsection (i) of this Section
20        pertaining to medical information about the adopted or
21        surrendered person; and
22            (B) any non-identifying information, as defined in
23        Section 18.4 of this Act, that is obtained during the
24        search.
25        (3) If the petitioner is not defined in paragraph (1)
26    or (2) of this subsection, the confidential intermediary

 

 

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1    shall provide to the petitioner:
2            (A) any information for which the sought-after
3        relative has provided his or her consent under
4        paragraphs (1) through (4) of subsection (i) of this
5        Section;
6            (B) the name of the child welfare agency which had
7        legal custody of the surrendered person or
8        responsibility for placing the surrendered person and
9        any available contact information for such agency; and
10            (C) the name of the state in which the surrender
11        occurred or in which the adoption was finalized.
12    (h-5) Disclosure of information shall be made by the
13confidential intermediary at any time from the appointment of
14the confidential intermediary and the court's issuance of an
15order of dismissal.
16    (i) Duties of confidential intermediary in conducting a
17search. In conducting a search under this Section, the
18confidential intermediary shall first determine whether there
19is a Denial of Information Exchange or a Birth Parent
20Preference Form with Option E selected or an 18.3 statement
21referenced in subsection (g) of this Section on file with the
22Illinois Adoption Registry. If there is a denial, the Birth
23Parent Preference Form on file with the Registry and the birth
24parent who completed the form selected Option E, or if there is
25an 18.3 statement indicating the birth parent's intent not to
26have identifying information shared and the birth parent did

 

 

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1not later file an Information Exchange Authorization with the
2Registry, the confidential intermediary must discontinue the
3search unless 5 years or more have elapsed since the execution
4of the Denial of Information Exchange, Birth Parent Preference
5Form, or the 18.3 statement. If a birth parent was previously
6the subject of a search through the State confidential
7intermediary program, the confidential intermediary shall
8inform the petitioner of the need to discontinue the search
9until 10 years or more have elapsed since the initial search
10was closed. In cases where a birth parent has been the object
11of 2 searches through the State confidential intermediary
12program, no subsequent search for the birth parent shall be
13authorized absent a court order to the contrary.
14    In conducting a search under this Section, the
15confidential intermediary shall attempt to locate the relative
16or relatives from whom the petitioner has requested
17information. If the sought-after relative is deceased or
18cannot be located after a diligent search, the confidential
19intermediary may contact other adult relatives of the
20sought-after relative.
21    The confidential intermediary shall contact a sought-after
22relative on behalf of the petitioner in a manner that respects
23the sought-after relative's privacy and shall inform the
24sought-after relative of the petitioner's request for medical
25information, identifying information or contact as stated in
26the petition. Based upon the terms of the petitioner's

 

 

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1request, the confidential intermediary shall contact a
2sought-after relative on behalf of the petitioner and inform
3the sought-after relative of the following options:
4        (1) The sought-after relative may totally reject one
5    or all of the requests for medical information,
6    identifying information or contact. The sought-after
7    relative shall be informed that they can provide a medical
8    questionnaire to be forwarded to the petitioner without
9    releasing any identifying information. The confidential
10    intermediary shall inform the petitioner of the
11    sought-after relative's decision to reject the sharing of
12    information or contact.
13        (2) The sought-after relative may consent to
14    completing a medical questionnaire only. In this case, the
15    confidential intermediary shall provide the questionnaire
16    and ask the sought-after relative to complete it. The
17    confidential intermediary shall forward the completed
18    questionnaire to the petitioner and inform the petitioner
19    of the sought-after relative's desire to not provide any
20    additional information.
21        (3) The sought-after relative may communicate with the
22    petitioner without having his or her identity disclosed.
23    In this case, the confidential intermediary shall arrange
24    the desired communication in a manner that protects the
25    identity of the sought-after relative. The confidential
26    intermediary shall inform the petitioner of the

 

 

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1    sought-after relative's decision to communicate but not
2    disclose his or her identity.
3        (4) The sought-after relative may consent to initiate
4    contact with the petitioner. The confidential intermediary
5    shall obtain written consents from both parties that they
6    wish to disclose their identities to each other and to
7    have contact with each other.
8    (j) Oath. The confidential intermediary shall sign an oath
9of confidentiality substantially as follows: "I, ..........,
10being duly sworn, on oath depose and say: As a condition of
11appointment as a confidential intermediary, I affirm that:
12        (1) I will not disclose to the petitioner, directly or
13    indirectly, any confidential information except in a
14    manner consistent with the law.
15        (2) I recognize that violation of this oath subjects
16    me to civil liability and to a potential finding of
17    contempt of court. ................................
18SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
19date)
20................................."
21    (k) Sanctions.
22        (1) Any confidential intermediary who improperly
23    discloses confidential information identifying a
24    sought-after relative shall be liable to the sought-after
25    relative for damages and may also be found in contempt of
26    court.

 

 

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1        (2) Any person who learns a sought-after relative's
2    identity, directly or indirectly, through the use of
3    procedures provided in this Section and who improperly
4    discloses information identifying the sought-after
5    relative shall be liable to the sought-after relative for
6    actual damages plus minimum punitive damages of $10,000.
7        (3) The Department shall fine any confidential
8    intermediary who improperly discloses confidential
9    information in violation of item (1) or (2) of this
10    subsection (k) an amount up to $2,000 per improper
11    disclosure. This fine does not affect civil liability
12    under item (2) of this subsection (k). The Department
13    shall deposit all fines and penalties collected under this
14    Section into the Illinois Adoption Registry and Medical
15    Information Fund.
16    (l) Death of person being sought. Notwithstanding any
17other provision of this Act, if the confidential intermediary
18discovers that the person being sought has died, he or she
19shall report this fact to the court, along with a copy of the
20death certificate. If the sought-after relative is a birth
21parent, the confidential intermediary shall also forward a
22copy of the birth parent's death certificate, if available, to
23the Registry for inclusion in the Registry file.
24    (m) Any confidential information obtained by the
25confidential intermediary during the course of his or her
26search shall be kept strictly confidential and shall be used

 

 

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1for the purpose of arranging contact between the petitioner
2and the sought-after birth relative. At the time the case is
3closed, all identifying information shall be returned to the
4court for inclusion in the impounded adoption file.
5    (n) (Blank).
6    (o) Except as provided in subsection (k) of this Section,
7no liability shall accrue to the State, any State agency, any
8judge, any officer or employee of the court, any certified
9confidential intermediary, or any agency designated to oversee
10confidential intermediary services for acts, omissions, or
11efforts made in good faith within the scope of this Section.
12    (p) An adoption agency that has received a request from a
13confidential intermediary for the full name, date of birth,
14last known address, or last known telephone number of a
15sought-after relative pursuant to subsection (g) of Section
1618.3a, or for medical information regarding a sought-after
17relative pursuant to subsection (h) of Section 18.3a, must
18satisfactorily comply with this court order within a period of
1945 days. The court shall order the adoption agency to
20reimburse the petitioner in an amount equal to all payments
21made by the petitioner to the confidential intermediary, and
22the adoption agency shall be subject to a civil monetary
23penalty of $1,000 to be paid to the Department of Children and
24Family Services. Following the issuance of a court order
25finding that the adoption agency has not complied with Section
2618.3, the adoption agency shall be subject to a monetary

 

 

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1penalty of $500 per day for each subsequent day of
2non-compliance. Proceeds from such fines shall be utilized by
3the Department of Children and Family Services to subsidize
4the fees of petitioners as referenced in subsection (d) of
5this Section.
6    (q) (Blank).
7    Any reimbursements and fines, notwithstanding any
8reimbursement directly to the petitioner, paid under this
9subsection are in addition to other remedies a court may
10otherwise impose by law.
11    The Department of Children and Family Services shall
12submit reports to the Adoption Registry-Confidential
13Intermediary Advisory Council by July 1 and January 1 of each
14year in order to report the penalties assessed and collected
15under this subsection, the amounts of related deposits into
16the DCFS Children's Services Fund, and any expenditures from
17such deposits.
18(Source: P.A. 98-704, eff. 1-1-15; 99-345, eff. 1-1-16.)