Sen. Sara Feigenholtz

Filed: 3/3/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2134

2    AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Adoption Act is amended by changing
5Section 18.3 as follows:
 
6    (750 ILCS 50/18.3)  (from Ch. 40, par. 1522.3)
7    (Text of Section before amendment by P.A. 102-825)
8    Sec. 18.3. (a) The agency, Department of Children and
9Family Services, Court Supportive Services, Juvenile Division
10of the Circuit Court, and any other party to the surrender of a
11child for adoption or in an adoption proceeding shall inform
12any birth parent or parents relinquishing a child for purposes
13of adoption after the effective date of this Act of the
14opportunity to register with the Illinois Adoption Registry
15and Medical Information Exchange and to utilize the Illinois
16confidential intermediary program and shall obtain a written

 

 

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1confirmation that acknowledges the birth parent's receipt of
2such information.
3    The birth parent shall be informed in writing that if
4contact or exchange of identifying information with the adult
5adopted or surrendered person is to occur, that adult adopted
6or surrendered person must be 21 years of age or over except as
7referenced in paragraph (d) of this Section.
8    (b) Any birth parent, birth sibling, adopted or
9surrendered person, adoptive parent, or legal guardian
10indicating their desire to receive identifying or medical
11information shall be informed of the existence of the Registry
12and assistance shall be given to such person to legally record
13his or her name with the Registry.
14    (c) The agency, Department of Children and Family
15Services, Court Supportive Services, Juvenile Division of the
16Circuit Court, and any other organization involved in the
17surrender of a child for adoption in an adoption proceeding
18which has written statements from an adopted or surrendered
19person and the birth parent or a birth sibling indicating a
20desire to share identifying information or establish contact
21shall supply such information to the mutually consenting
22parties, except that no identifying information shall be
23supplied to consenting birth siblings if any such sibling is
24under 21 years of age. However, both the Registry having an
25Information Exchange Authorization and the organization having
26a written statement requesting the sharing of identifying

 

 

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1information or contact shall communicate with each other to
2determine if the adopted or surrendered person or the birth
3parent or birth sibling has signed a form at a later date
4indicating a change in his or her desires regarding the
5sharing of information or contact.
6    (d) On and after January 1, 2000, any licensed child
7welfare agency which provides post-adoption search assistance
8to adoptive parents, adopted persons, surrendered persons,
9birth parents, or other birth relatives shall require that any
10person requesting post-adoption search assistance complete an
11Illinois Adoption Registry Application prior to the
12commencement of the search. However, former youth in care as
13defined in Section 4d of the Children and Family Services Act
14between the ages of 18 and 21 who have been surrendered or
15adopted and who are seeking contact or an exchange of
16information with siblings shall not be required to complete an
17Illinois Adoption Registry Application prior to commencement
18of the search, provided that the search is performed
19consistent with applicable Sections of this Act.
20(Source: P.A. 100-159, eff. 8-18-17.)
 
21    (Text of Section after amendment by P.A. 102-825)
22    Sec. 18.3. (a) The agency, Department of Children and
23Family Services, Court Supportive Services, Juvenile Division
24of the Circuit Court, and any other party to the surrender of a
25child for adoption or in an adoption proceeding shall inform

 

 

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1any birth parent or parents relinquishing a child for purposes
2of adoption after the effective date of this Act of the
3opportunity to register with the Illinois Adoption Registry
4and Medical Information Exchange and to utilize the Illinois
5confidential intermediary program and shall obtain a written
6confirmation that acknowledges the birth parent's receipt of
7such information.
8    The birth parent shall be informed in writing that if
9contact or exchange of identifying information with the adult
10adopted or surrendered person is to occur, that adult adopted
11or surrendered person must be 21 years of age or over except as
12referenced in paragraph (d) of this Section.
13    (b) Any birth parent, birth sibling, adopted or
14surrendered person, adoptive parent, or legal guardian
15indicating their desire to receive identifying or medical
16information shall be informed of the existence of the Registry
17and assistance shall be given to such person to legally record
18his or her name with the Registry.
19    (c) The agency, Department of Children and Family
20Services, Court Supportive Services, Juvenile Division of the
21Circuit Court, and any other organization involved in the
22surrender of a child for adoption in an adoption proceeding
23which has written statements from an adopted or surrendered
24person and the birth parent or a birth sibling indicating a
25desire to share identifying information or establish contact
26shall supply such information to the mutually consenting

 

 

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1parties, except that no identifying information shall be
2supplied to consenting birth siblings if any such sibling is
3under 21 years of age. However, both the Registry having an
4Information Exchange Authorization and the organization having
5a written statement requesting the sharing of identifying
6information or contact shall communicate with each other to
7determine if the adopted or surrendered person or the birth
8parent or birth sibling has signed a form at a later date
9indicating a change in his or her desires regarding the
10sharing of information or contact.
11    (d) On and after January 1, 2000, any licensed child
12welfare agency which provides post-adoption search assistance
13to adoptive parents, adopted persons, surrendered persons,
14birth parents, or other birth relatives shall require that any
15person requesting post-adoption search assistance complete an
16Illinois Adoption Registry Application prior to the
17commencement of the search. However, former youth in care as
18defined in Section 4d of the Children and Family Services Act
19who have been surrendered or adopted who are (i) between the
20ages of 18 and 21 and who are seeking contact or an exchange of
21information with siblings, birth relatives, former foster
22parents, or former foster siblings or (ii) over the age of 21
23who are seeking contact with former foster parents or former
24foster siblings shall not be required to complete an Illinois
25Adoption Registry Application prior to commencement of the
26search, provided that the search is performed consistent with

 

 

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1applicable Sections of this Act.
2    (e) A confidential intermediary shall be permitted to
3access records of closed child welfare agencies that are
4housed in the State Central Storage, in addition to the
5information allowed to be requested in paragraph (g) from
6adoption agencies, if the petitioner is an adult adopted or
7surrendered person, or the adoptive parent of an adult adopted
8person under the age of 21, or the adoptive parent of a
9deceased adopted or surrendered person, and the confidential
10intermediary may request any non-identifying information,
11including any available medical information about the adopted
12or surrendered person from birth through adoption, any
13non-identifying information described in Section 18.4, and the
1418.3 statement.
15(Source: P.A. 102-825, eff. 7-1-23.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.".