HB4028 EnrolledLRB097 14710 AJO 61950 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 Abused and Neglected Child Reporting Act is
5amended by changing Section 3 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois
23Department of State Police.

 

 

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1    "Abused child" means a child whose parent or immediate
2family member, or any person responsible for the child's
3welfare, or any individual residing in the same home as the
4child, or a paramour of the child's parent:
5        (a) inflicts, causes to be inflicted, or allows to be
6    inflicted upon such child physical injury, by other than
7    accidental means, which causes death, disfigurement,
8    impairment of physical or emotional health, or loss or
9    impairment of any bodily function;
10        (b) creates a substantial risk of physical injury to
11    such child by other than accidental means which would be
12    likely to cause death, disfigurement, impairment of
13    physical or emotional health, or loss or impairment of any
14    bodily function;
15        (c) commits or allows to be committed any sex offense
16    against such child, as such sex offenses are defined in the
17    Criminal Code of 1961, as amended, or in the Wrongs to
18    Children Act, and extending those definitions of sex
19    offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon such child;
22        (e) inflicts excessive corporal punishment;
23        (f) commits or allows to be committed the offense of
24    female genital mutilation, as defined in Section 12-34 of
25    the Criminal Code of 1961, against the child;
26        (g) causes to be sold, transferred, distributed, or

 

 

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1    given to such child under 18 years of age, a controlled
2    substance as defined in Section 102 of the Illinois
3    Controlled Substances Act in violation of Article IV of the
4    Illinois Controlled Substances Act or in violation of the
5    Methamphetamine Control and Community Protection Act,
6    except for controlled substances that are prescribed in
7    accordance with Article III of the Illinois Controlled
8    Substances Act and are dispensed to such child in a manner
9    that substantially complies with the prescription; or
10        (h) commits or allows to be committed the offense of
11    involuntary servitude, involuntary sexual servitude of a
12    minor, or trafficking in persons for forced labor or
13    services as defined in Section 10-9 of the Criminal Code of
14    1961 against the child.
15    A child shall not be considered abused for the sole reason
16that the child has been relinquished in accordance with the
17Abandoned Newborn Infant Protection Act.
18    "Neglected child" means any child who is not receiving the
19proper or necessary nourishment or medically indicated
20treatment including food or care not provided solely on the
21basis of the present or anticipated mental or physical
22impairment as determined by a physician acting alone or in
23consultation with other physicians or otherwise is not
24receiving the proper or necessary support or medical or other
25remedial care recognized under State law as necessary for a
26child's well-being, or other care necessary for his or her

 

 

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1well-being, including adequate food, clothing and shelter; or
2who is abandoned by his or her parents or other person
3responsible for the child's welfare without a proper plan of
4care; or who has been provided with interim crisis intervention
5services under Section 3-5 of the Juvenile Court Act of 1987
6and whose parent, guardian, or custodian refuses to permit the
7child to return home and no other living arrangement agreeable
8to the parent, guardian, or custodian can be made, and the
9parent, guardian, or custodian has not made any other
10appropriate living arrangement for the child; or who is a
11newborn infant whose blood, urine, or meconium contains any
12amount of a controlled substance as defined in subsection (f)
13of Section 102 of the Illinois Controlled Substances Act or a
14metabolite thereof, with the exception of a controlled
15substance or metabolite thereof whose presence in the newborn
16infant is the result of medical treatment administered to the
17mother or the newborn infant. A child shall not be considered
18neglected for the sole reason that the child's parent or other
19person responsible for his or her welfare has left the child in
20the care of an adult relative for any period of time. A child
21shall not be considered neglected for the sole reason that the
22child has been relinquished in accordance with the Abandoned
23Newborn Infant Protection Act. A child shall not be considered
24neglected or abused for the sole reason that such child's
25parent or other person responsible for his or her welfare
26depends upon spiritual means through prayer alone for the

 

 

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1treatment or cure of disease or remedial care as provided under
2Section 4 of this Act. A child shall not be considered
3neglected or abused solely because the child is not attending
4school in accordance with the requirements of Article 26 of The
5School Code, as amended.
6    "Child Protective Service Unit" means certain specialized
7State employees of the Department assigned by the Director to
8perform the duties and responsibilities as provided under
9Section 7.2 of this Act.
10    "Person responsible for the child's welfare" means the
11child's parent; guardian; foster parent; relative caregiver;
12any person responsible for the child's welfare in a public or
13private residential agency or institution; any person
14responsible for the child's welfare within a public or private
15profit or not for profit child care facility; or any other
16person responsible for the child's welfare at the time of the
17alleged abuse or neglect, including any person that is the
18custodian of a child under 18 years of age who commits or
19allows to be committed, against the child, the offense of
20involuntary servitude, involuntary sexual servitude of a
21minor, or trafficking in persons for forced labor or services,
22as provided in Section 10-9 of the Criminal Code of 1961, or
23any person who came to know the child through an official
24capacity or position of trust, including but not limited to
25health care professionals, educational personnel, recreational
26supervisors, members of the clergy, and volunteers or support

 

 

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1personnel in any setting where children may be subject to abuse
2or neglect.
3    "Temporary protective custody" means custody within a
4hospital or other medical facility or a place previously
5designated for such custody by the Department, subject to
6review by the Court, including a licensed foster home, group
7home, or other institution; but such place shall not be a jail
8or other place for the detention of criminal or juvenile
9offenders.
10    "An unfounded report" means any report made under this Act
11for which it is determined after an investigation that no
12credible evidence of abuse or neglect exists.
13    "An indicated report" means a report made under this Act if
14an investigation determines that credible evidence of the
15alleged abuse or neglect exists.
16    "An undetermined report" means any report made under this
17Act in which it was not possible to initiate or complete an
18investigation on the basis of information provided to the
19Department.
20    "Subject of report" means any child reported to the central
21register of child abuse and neglect established under Section
227.7 of this Act as an alleged victim of child abuse or neglect
23and the parent or guardian of the alleged victim or other
24person responsible for the alleged victim's welfare who is
25named in the report or added to the report as an alleged
26perpetrator of child abuse or neglect.

 

 

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1    "Perpetrator" means a person who, as a result of
2investigation, has been determined by the Department to have
3caused child abuse or neglect.
4    "Member of the clergy" means a clergyman or practitioner of
5any religious denomination accredited by the religious body to
6which he or she belongs.
7(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
896-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
9    Section 10. The Adoption Act is amended by changing
10Sections 10 and 18.3a and by adding Section 18.08 as follows:
 
11    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
12    Sec. 10. Forms of consent and surrender; execution and
13acknowledgment thereof.
14    A. The form of consent required for the adoption of a born
15child shall be substantially as follows:
16
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
17    I, ...., (relationship, e.g., mother, father, relative,
18guardian) of ...., a ..male child, state:
19    That such child was born on .... at ....
20    That I reside at ...., County of .... and State of ....
21    That I am of the age of .... years.
22    That I hereby enter my appearance in this proceeding and
23waive service of summons on me.
24    That I hereby acknowledge that I have been provided with a

 

 

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1copy of the Birth Parent Rights and Responsibilities-Private
2Form before signing this Consent and that I have had time to
3read, or have had read to me, this Form. I understand that if I
4do not receive any of the rights as described in this Form, it
5shall not constitute a basis to revoke this Final and
6Irrevocable Consent.
7    That I do hereby consent and agree to the adoption of such
8child.
9    That I wish to and understand that by signing this consent
10I do irrevocably and permanently give up all custody and other
11parental rights I have to such child.
12    That I understand such child will be placed for adoption
13and that I cannot under any circumstances, after signing this
14document, change my mind and revoke or cancel this consent or
15obtain or recover custody or any other rights over such child.
16That I have read and understand the above and I am signing it
17as my free and voluntary act.
18    Dated (insert date).
19.........................
 
20    If under Section 8 the consent of more than one person is
21required, then each such person shall execute a separate
22consent.
23    A-1. (1) The form of the Final and Irrevocable Consent to
24Adoption by a Specified Person or Persons: Non-DCFS Case set
25forth in this subsection A-1 is to be used by legal parents

 

 

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1only. This form is not to be used in cases in which there is a
2pending petition under Section 2-13 of the Juvenile Court Act
3of 1987.
4    (2) The form of the Final and Irrevocable Consent to
5Adoption by a Specified Person or Persons in a non-DCFS case
6shall have the caption of the proceeding in which it is to be
7filed and shall be substantially as follows:
8
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
9
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE
10    I, ...., (relationship, e.g., mother, father) of ...., a
11..male child, state:
12    1. That such child was born on ...., at ....., City of ...
13and State of ....
14    2. That I reside at ...., County of .... and State of ....
15    3. That I am of the age of .... years.
16    4. That I hereby enter my appearance in this proceeding and
17waive service of summons on me.
18    5. That I hereby acknowledge that I have been provided a
19copy of the Birth Parent Rights and Responsibilities-Private
20Form before signing this Consent and that I have had time to
21read, or have had read to me, this Form and that I understand
22the Rights and Responsibilities described in this Form. I
23understand that if I do not receive any of my rights as
24described in said Form, it shall not constitute a basis to
25revoke this Final and Irrevocable Consent to Adoption by a
26Specified Person.

 

 

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1    6. That I do hereby consent and agree to the adoption of
2such child by .... (specified persons) only.
3    7. That I wish to and understand that upon signing this
4consent I do irrevocably and permanently give up all custody
5and other parental rights I have to such child if such child is
6adopted by .... (specified person or persons). I hereby
7transfer all of my rights to the custody, care and control of
8such child to ............................. (specified person
9or persons).
10    8. That I understand such child will be adopted by
11....................... (specified person or persons) and that
12I cannot under any circumstances, after signing this document,
13change my mind and revoke or cancel this consent or obtain or
14recover custody or any other rights over such child if
15............................ (specified person or persons)
16adopt(s) such child; PROVIDED that each specified person has
17filed or shall file, within 60 days from the date hereof, a
18petition for the adoption of such child.
19    9. That if the specified person or persons designated
20herein do not file a petition for adoption within the
21time-frame specified above, or, if said petition for adoption
22is filed within the time-frame specified above but the adoption
23petition is dismissed with prejudice or the adoption proceeding
24is otherwise concluded without an order declaring the child to
25be the adopted child of the specified person or persons, then I
26understand that I will receive written notice of such

 

 

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1circumstances within 10 business days of their occurrence. I
2understand that the notice will be directed to me using the
3contact information I have provided in this consent. I
4understand that I will have 10 business days from the date that
5the written notice is sent to me to respond, within which time
6I may request the Court to declare this consent voidable and
7return the child to me. I further understand that the Court
8will make the final decision of whether or not the child will
9be returned to me. If I do not make such request within 10
10business days of the date of the notice, then I expressly waive
11any other notice or service of process in any legal proceeding
12for the adoption of the child.
13    10. That I expressly acknowledge that nothing in this
14Consent impairs the validity and absolute finality of this
15Consent under any circumstance other than those described in
16paragraph 9 of this Consent.
17    11. That I understand that I have a remaining duty and
18obligation to keep .............. (insert name and address of
19the attorney for the specified person or persons) informed of
20my current address or other preferred contact information until
21this adoption has been finalized. My failure to do so may
22result in the termination of my parental rights and the child
23being placed for adoption in another home.
24    12. That I do expressly waive any other notice or service
25of process in any of the legal proceedings for the adoption of
26the child as long as the adoption proceeding by the specified

 

 

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1person or persons is pending.
2    13. That I have read and understand the above and I am
3signing it as my free and voluntary act.
4    14. That I acknowledge that this consent is valid even if
5the specified person or persons separate or divorce or one of
6the specified persons dies prior to the entry of the final
7judgment for adoption.
8    Dated (insert date).
9    .............................................
10    Signature of parent.
11    .............................................
12    Address of parent.
13    .............................................
14    Phone number(s) of parent.
15    .............................................
16    Personal email(s) of parent.
17    .............................................
18    (3) The form of the certificate of acknowledgement for a
19Final and Irrevocable Consent for Adoption by a Specified
20Person or Persons: Non-DCFS Case shall be substantially as
21follows:
 
22STATE OF ..............)
23                       ) SS.
24COUNTY OF .............)
25    I, .................... (Name of Judge or other person),

 

 

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1..................... (official title, name, and address),
2certify that ............., personally known to me to be the
3same person whose name is subscribed to the foregoing Final and
4Irrevocable Consent for Adoption by a Specified Person or
5Persons; non-DCFS case, appeared before me this day in person
6and acknowledged that (she)(he) signed and delivered the
7consent as (her)(his) free and voluntary act, for the specified
8purpose. I am further satisfied that, before signing this
9Consent, ........ has read, or has had read to him or her, the
10Birth Parent Rights and Responsibilities-Private Form.
11    A-2. Birth Parent Rights and Responsibilities-Private
12Form. The Birth Parent Rights and Responsibilities-Private
13Form must be read by, or have been read to, any person
14executing a Final and Irrevocable Consent to Adoption under
15subsection A, a Final and Irrevocable Consent to Adoption by a
16Specified Person or Persons: Non-DCFS Case under subsection
17A-1, or a Consent to Adoption of Unborn Child under subsection
18B prior to the execution of said Consent. The form of the Birth
19Parent Rights and Responsibilities-Private Form shall be
20substantially as follows:
21
Birth Parent Rights and Responsibilities-Private Form
22    As a birth parent in the State of Illinois, you have the
23right:
24    1. To have your own attorney represent you. The prospective
25adoptive parents may agree to pay for the cost of your attorney
26in a manner consistent with Illinois law, but they are not

 

 

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1required to do so.
2    2. To be treated with dignity and respect at all times and
3to make decisions free from coercion and pressure.
4    3. To receive counseling before and after signing a Final
5and Irrevocable Consent to Adoption ("Consent"), a Final and
6Irrevocable Consent to Adoption by a Specified Person or
7Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
8Adoption of Unborn Child ("Unborn Consent"). The prospective
9adoptive parents may agree to pay for the cost of counseling in
10a manner consistent with Illinois law, but they are not
11required to do so.
12    4. To ask to be involved in choosing your child's
13prospective adoptive parents and to ask to meet them.
14    5. To ask your child's prospective adoptive parents any
15questions that pertain to your decision to place your child
16with them.
17    6. To see your child before signing a Consent or Specified
18Consent.
19    7. To request contact with your child and/or the child's
20prospective adoptive parents, with the understanding that any
21promises regarding contact with your child or receipt of
22information about the child after signing a Consent, Specified
23Consent, or Unborn Consent cannot be enforced under Illinois
24law.
25    8. To receive copies of all documents that you sign and
26have those documents provided to you in your preferred

 

 

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1language.
2    9. To request that your identifying information remain
3confidential, unless required otherwise by Illinois law or
4court order, and to register with the Illinois Adoption
5Registry and Medical Information Exchange.
6    10. To work with an adoption agency or attorney of your
7choice, or change said agency or attorney, provided you
8promptly inform all of the parties currently involved.
9    11. To receive, upon request, a written list of any
10promised support, financial or otherwise, from your attorney or
11the attorney for your child's prospective adoptive parents.
12    12. To delay signing a Consent, Specified Consent, or
13Unborn Consent if you are not ready to do so.
14    13. To decline to sign a Consent, Specified Consent, or
15Unborn Consent even if you have received financial support from
16the prospective adoptive parents.
17    If you do not receive any of the rights described in this
18Form, it shall not be a basis to revoke a Consent, Specified
19Consent, or Unborn Consent.
20    As a Birth Parent in the State of Illinois, you have the
21responsibility:
22    1. To carefully consider your reasons for choosing
23adoption.
24    2. To voluntarily provide all known medical, background,
25and family information about yourself and your immediate family
26to your child's prospective adoptive parents or their attorney.

 

 

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1For the health of your child, you are strongly encouraged, but
2not required, to provide all known medical, background, and
3family history information about yourself and your family to
4your child's prospective adoptive parents or their attorney.
5    3. (Birth mothers only) To accurately complete an Affidavit
6of Identification, which identifies the father of the child
7when known, with the understanding that a birth mother has a
8right to decline to identify the birth father.
9    4. To not accept financial support or reimbursement of
10pregnancy related expenses simultaneously from more than one
11source.
12    B. The form of consent required for the adoption of an
13unborn child shall be substantially as follows:
14
CONSENT TO ADOPTION OF UNBORN CHILD
15    I, ...., state:
16    That I am the father of a child expected to be born on or
17about .... to .... (name of mother).
18    That I reside at .... County of ...., and State of .....
19    That I am of the age of .... years.
20    That I hereby enter my appearance in such adoption
21proceeding and waive service of summons on me.
22    That I hereby acknowledge that I have been provided with a
23copy of the Birth Parent Rights and Responsibilities-Private
24Form before signing this Consent, and that I have had time to
25read, or have had read to me, this Form. I understand that if I
26do not receive any of the rights as described in this Form, it

 

 

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1shall not constitute a basis to revoke this Consent to Adoption
2of Unborn Child.
3    That I do hereby consent and agree to the adoption of such
4child, and that I have not previously executed a consent or
5surrender with respect to such child.
6    That I wish to and do understand that by signing this
7consent I do irrevocably and permanently give up all custody
8and other parental rights I have to such child, except that I
9have the right to revoke this consent by giving written notice
10of my revocation not later than 72 hours after the birth of the
11child.
12    That I understand such child will be placed for adoption
13and that, except as hereinabove provided, I cannot under any
14circumstances, after signing this document, change my mind and
15revoke or cancel this consent or obtain or recover custody or
16any other rights over such child.
17    That I have read and understand the above and I am signing
18it as my free and voluntary act.
19    Dated (insert date).
20........................
21    B-5. (1) The parent of a child may execute a consent to
22standby adoption by a specified person or persons. A consent
23under this subsection B-5 shall be acknowledged by a parent
24pursuant to subsection H and subsection K of this Section. The
25form of consent required for the standby adoption of a born
26child effective at a future date when the consenting parent of

 

 

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1the child dies or requests that a final judgment of adoption be
2entered shall be substantially as follows:
3
FINAL AND IRREVOCABLE CONSENT
4
TO STANDBY ADOPTION
5    I, ..., (relationship, e.g. mother or father) of ...., a
6..male child, state:
7    That the child was born on .... at .....
8    That I reside at ...., County of ...., and State of .....
9    That I am of the age of .... years.
10    That I hereby enter my appearance in this proceeding and
11waive service of summons on me in this action only.
12    That I do hereby consent and agree to the standby adoption
13of the child, and that I have not previously executed a consent
14or surrender with respect to the child.
15    That I wish to and understand that by signing this consent
16I do irrevocably and permanently give up all custody and other
17parental rights I have to the child, effective upon (my death)
18(the child's other parent's death) or upon (my) (the other
19parent's) request for the entry of a final judgment for
20adoption if ..... (specified person or persons) adopt my child.
21    That I understand that until (I die) (the child's other
22parent dies), I retain all legal rights and obligations
23concerning the child, but at that time, I irrevocably give all
24custody and other parental rights to .... (specified person or
25persons).
26    I understand my child will be adopted by ....... (specified

 

 

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1person or persons) only and that I cannot, under any
2circumstances, after signing this document, change my mind and
3revoke or cancel this consent or obtain or recover custody or
4any other rights over my child if ..... (specified person or
5persons) adopt my child.
6    I understand that this consent to standby adoption is valid
7only if the petition for standby adoption is filed and that if
8....... (specified person or persons), for any reason, cannot
9or will not file a petition for standby adoption or if his,
10her, or their petition for standby adoption is denied, then
11this consent is void. I have the right to notice of any other
12proceeding that could affect my parental rights.
13    That I have read and understand the above and I am signing
14it as my free and voluntary act.
15    Dated (insert date).
16....................
 
17    If under Section 8 the consent of more than one person is
18required, then each such person shall execute a separate
19consent. A separate consent shall be executed for each child.
20    (2) If the parent consents to a standby adoption by 2
21specified persons, then the form shall contain 2 additional
22paragraphs in substantially the following form:
23    If .... (specified persons) obtain a judgment of
24dissolution of marriage before the judgment for adoption is
25entered, then ..... (specified person) shall adopt my child. I

 

 

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1understand that I cannot change my mind and revoke this consent
2or obtain or recover custody of my child if ..... (specified
3persons) obtain a judgment of dissolution of marriage and .....
4(specified person) adopts my child. I understand that I cannot
5change my mind and revoke this consent if ...... (specified
6persons) obtain a judgment of dissolution of marriage before
7the adoption is final. I understand that this consent to
8adoption has no effect on who will get custody of my child if
9..... (specified persons) obtain a judgment of dissolution of
10marriage after the adoption is final. I understand that if
11either ..... (specified persons) dies before the petition to
12adopt my child is granted, then the surviving person may adopt
13my child. I understand that I cannot change my mind and revoke
14this consent or obtain or recover custody of my child if the
15surviving person adopts my child.
16    A consent to standby adoption by specified persons on this
17form shall have no effect on a court's determination of custody
18or visitation under the Illinois Marriage and Dissolution of
19Marriage Act if the marriage of the specified persons is
20dissolved before the adoption is final.
21    (3) The form of the certificate of acknowledgement for a
22Final and Irrevocable Consent for Standby Adoption shall be
23substantially as follows:
 
24STATE OF .....)
25              ) SS.

 

 

HB4028 Enrolled- 21 -LRB097 14710 AJO 61950 b

1COUNTY OF ....)
 
2    I, ....... (name of Judge or other person) ..... (official
3title, name, and address), certify that ......., personally
4known to me to be the same person whose name is subscribed to
5the foregoing Final and Irrevocable Consent to Standby
6Adoption, appeared before me this day in person and
7acknowledged that (she) (he) signed and delivered the consent
8as (her) (his) free and voluntary act, for the specified
9purpose.
10    I have fully explained that this consent to adoption is
11valid only if the petition to adopt is filed, and that if the
12specified person or persons, for any reason, cannot or will not
13adopt the child or if the adoption petition is denied, then
14this consent will be void. I have fully explained that if the
15specified person or persons adopt the child, by signing this
16consent (she) (he) is irrevocably and permanently
17relinquishing all parental rights to the child, and (she) (he)
18has stated that such is (her) (his) intention and desire.
19    Dated (insert date).
20    Signature ..............................
21    (4) If a consent to standby adoption is executed in this
22form, the consent shall be valid only if the specified person
23or persons adopt the child. The consent shall be void if:
24    (a) the specified person or persons do not file a petition
25for standby adoption of the child; or

 

 

HB4028 Enrolled- 22 -LRB097 14710 AJO 61950 b

1    (b) a court denies the standby adoption petition.
2    The parent shall not need to take further action to revoke
3the consent if the standby adoption by the specified person or
4persons does not occur, notwithstanding the provisions of
5Section 11 of this Act.
6    C. The form of surrender to any agency given by a parent of
7a born child who is to be subsequently placed for adoption
8shall be substantially as follows and shall contain such other
9facts and statements as the particular agency shall require.
10
FINAL AND IRREVOCABLE SURRENDER
11
FOR PURPOSES OF ADOPTION
12    I, .... (relationship, e.g., mother, father, relative,
13guardian) of ...., a ..male child, state:
14    That such child was born on ...., at .....
15    That I reside at ...., County of ...., and State of .....
16    That I am of the age of .... years.
17    That I do hereby surrender and entrust the entire custody
18and control of such child to the .... (the "Agency"), a
19(public) (licensed) child welfare agency with its principal
20office in the City of ...., County of .... and State of ....,
21for the purpose of enabling it to care for and supervise the
22care of such child, to place such child for adoption and to
23consent to the legal adoption of such child.
24    That I hereby grant to the Agency full power and authority
25to place such child with any person or persons it may in its
26sole discretion select to become the adopting parent or parents

 

 

HB4028 Enrolled- 23 -LRB097 14710 AJO 61950 b

1and to consent to the legal adoption of such child by such
2person or persons; and to take any and all measures which, in
3the judgment of the Agency, may be for the best interests of
4such child, including authorizing medical, surgical and dental
5care and treatment including inoculation and anaesthesia for
6such child.
7    That I wish to and understand that by signing this
8surrender I do irrevocably and permanently give up all custody
9and other parental rights I have to such child.
10    That I understand I cannot under any circumstances, after
11signing this surrender, change my mind and revoke or cancel
12this surrender or obtain or recover custody or any other rights
13over such child.
14    That I have read and understand the above and I am signing
15it as my free and voluntary act.
16    Dated (insert date).
17........................
18    C-5. The form of a Final and Irrevocable Designated
19Surrender for Purposes of Adoption to any agency given by a
20parent of a born child who is to be subsequently placed for
21adoption is to be used by legal parents only. The form shall be
22substantially as follows and shall contain such other facts and
23statements as the particular agency shall require:
24
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
25
FOR PURPOSES OF ADOPTION
26    I, .... (relationship, e.g., mother, father, relative,

 

 

HB4028 Enrolled- 24 -LRB097 14710 AJO 61950 b

1guardian) of ...., a ..male child, state:
2    1. That such child was born on ...., at .....
3    2. That I reside at ...., County of ...., and State of
4.....
5    3. That I am of the age of .... years.
6    4. That I do hereby surrender and entrust the entire
7custody and control of such child to the .... (the "Agency"), a
8(public) (licensed) child welfare agency with its principal
9office in the City of ...., County of .... and State of ....,
10for the purpose of enabling it to care for and supervise the
11care of such child, to place such child for adoption with
12............................. (specified person or persons)
13and to consent to the legal adoption of such child and to take
14any and all measures which, in the judgment of the Agency, may
15be for the best interests of such child, including authorizing
16medical, surgical and dental care and treatment including
17inoculation and anesthesia for such child.
18    5. That I wish to and understand that by signing this
19surrender I do irrevocably and permanently give up all custody
20and other parental rights I have to such child.
21    6. That if the petition for adoption is not filed by the
22specified person or persons designated herein or, if the
23petition for adoption is filed but the adoption petition is
24dismissed with prejudice or the adoption proceeding is
25otherwise concluded without an order declaring the child to be
26the adopted child of each specified person, then I understand

 

 

HB4028 Enrolled- 25 -LRB097 14710 AJO 61950 b

1that the Agency will provide notice to me within 10 business
2days and that such notice will be directed to me using the
3contact information I have provided to the Agency. I understand
4that I will have 10 business days from the date that the Agency
5sends me its notice to respond, within which time I may choose
6to designate other adoptive parent(s). However, I acknowledge
7that the Agency has full power and authority to place the child
8for adoption with any person or persons it may in its sole
9discretion select to become the adopting parent or parents and
10to consent to the legal adoption of the child by such person or
11persons.
12    7. That I acknowledge that this surrender is valid even if
13the specified persons separate or divorce or one of the
14specified persons dies prior to the entry of the final judgment
15for adoption.
16    8. That I expressly acknowledge that the above paragraphs 6
17and 7 do not impair the validity and absolute finality of this
18surrender under any circumstance.
19    9. That I understand that I have a remaining obligation to
20keep the Agency informed of my current contact information
21until the adoption of the child has been finalized if I wish to
22be notified in the event the adoption by the specified
23person(s) cannot proceed.
24    10. That I understand I cannot under any circumstances,
25after signing this surrender, change my mind and revoke or
26cancel this surrender or obtain or recover custody or any other

 

 

HB4028 Enrolled- 26 -LRB097 14710 AJO 61950 b

1rights over such child.
2    11. That I have read and understand the above and I am
3signing it as my free and voluntary act.
4    Dated (insert date).
5..............................
6    D. The form of surrender to an agency given by a parent of
7an unborn child who is to be subsequently placed for adoption
8shall be substantially as follows and shall contain such other
9facts and statements as the particular agency shall require.
10
SURRENDER OF UNBORN CHILD FOR
11
PURPOSES OF ADOPTION
12    I, .... (father), state:
13    That I am the father of a child expected to be born on or
14about .... to .... (name of mother).
15    That I reside at ...., County of ...., and State of .....
16    That I am of the age of .... years.
17    That I do hereby surrender and entrust the entire custody
18and control of such child to the .... (the "Agency"), a
19(public) (licensed) child welfare agency with its principal
20office in the City of ...., County of .... and State of ....,
21for the purpose of enabling it to care for and supervise the
22care of such child, to place such child for adoption and to
23consent to the legal adoption of such child, and that I have
24not previously executed a consent or surrender with respect to
25such child.
26    That I hereby grant to the Agency full power and authority

 

 

HB4028 Enrolled- 27 -LRB097 14710 AJO 61950 b

1to place such child with any person or persons it may in its
2sole discretion select to become the adopting parent or parents
3and to consent to the legal adoption of such child by such
4person or persons; and to take any and all measures which, in
5the judgment of the Agency, may be for the best interests of
6such child, including authorizing medical, surgical and dental
7care and treatment, including inoculation and anaesthesia for
8such child.
9    That I wish to and understand that by signing this
10surrender I do irrevocably and permanently give up all custody
11and other parental rights I have to such child.
12    That I understand I cannot under any circumstances, after
13signing this surrender, change my mind and revoke or cancel
14this surrender or obtain or recover custody or any other rights
15over such child, except that I have the right to revoke this
16surrender by giving written notice of my revocation not later
17than 72 hours after the birth of such child.
18    That I have read and understand the above and I am signing
19it as my free and voluntary act.
20    Dated (insert date).
21........................
22    E. The form of consent required from the parents for the
23adoption of an adult, when such adult elects to obtain such
24consent, shall be substantially as follows:
25
CONSENT
26    I, ...., (father) (mother) of ...., an adult, state:

 

 

HB4028 Enrolled- 28 -LRB097 14710 AJO 61950 b

1    That I reside at ...., County of .... and State of .....
2    That I do hereby consent and agree to the adoption of such
3adult by .... and .....
4    Dated (insert date).
5.........................
6    F. The form of consent required for the adoption of a child
7of the age of 14 years or upwards, or of an adult, to be given
8by such person, shall be substantially as follows:
9
CONSENT
10    I, ...., state:
11    That I reside at ...., County of .... and State of .....
12That I am of the age of .... years. That I consent and agree to
13my adoption by .... and .....
14    Dated (insert date).
15........................
16    G. The form of consent given by an agency to the adoption
17by specified persons of a child previously surrendered to it
18shall set forth that the agency has the authority to execute
19such consent. The form of consent given by a guardian of the
20person of a child sought to be adopted, appointed by a court of
21competent jurisdiction, shall set forth the facts of such
22appointment and the authority of the guardian to execute such
23consent.
24    H. A consent (other than that given by an agency, or
25guardian of the person of the child sought to be adopted who
26was appointed by a court of competent jurisdiction) shall be

 

 

HB4028 Enrolled- 29 -LRB097 14710 AJO 61950 b

1acknowledged by a parent before a judge of a court of competent
2jurisdiction or, except as otherwise provided in this Act,
3before a representative of an agency, or before a person, other
4than the attorney for the prospective adoptive parent or
5parents, designated by a court of competent jurisdiction.
6    I. A surrender, or any other document equivalent to a
7surrender, by which a child is surrendered to an agency shall
8be acknowledged by the person signing such surrender, or other
9document, before a judge of a court of competent jurisdiction,
10or, except as otherwise provided in this Act, before a
11representative of an agency, or before a person designated by a
12court of competent jurisdiction.
13    J. The form of the certificate of acknowledgment for a
14consent, a surrender, or any other document equivalent to a
15surrender, shall be substantially as follows:
16STATE OF ....)
17             ) SS.
18COUNTY OF ...)
19    I, .... (Name of judge or other person), .... (official
20title, name and location of court or status or position of
21other person), certify that ...., personally known to me to be
22the same person whose name is subscribed to the foregoing
23(consent) (surrender), appeared before me this day in person
24and acknowledged that (she) (he) signed and delivered such
25(consent) (surrender) as (her) (his) free and voluntary act,
26for the specified purpose.

 

 

HB4028 Enrolled- 30 -LRB097 14710 AJO 61950 b

1    I have fully explained that by signing such (consent)
2(surrender) (she) (he) is irrevocably relinquishing all
3parental rights to such child or adult and (she) (he) has
4stated that such is (her) (his) intention and desire. (Add if
5Consent only) I am further satisfied that, before signing this
6Consent, ........ has read, or has had read to him or her, the
7Birth Parent Rights and Responsibilities-Private Form.
8    Dated (insert date).
9    Signature ...............
10    K. When the execution of a consent or a surrender is
11acknowledged before someone other than a judge, such other
12person shall have his or her signature on the certificate
13acknowledged before a notary public, in form substantially as
14follows:
15STATE OF ....)
16             ) SS.
17COUNTY OF ...)
18    I, a Notary Public, in and for the County of ......, in the
19State of ......, certify that ...., personally known to me to
20be the same person whose name is subscribed to the foregoing
21certificate of acknowledgment, appeared before me in person and
22acknowledged that (she) (he) signed such certificate as (her)
23(his) free and voluntary act and that the statements made in
24the certificate are true.
25    Dated (insert date).
26    
Signature ...................... Notary Public

 

 

HB4028 Enrolled- 31 -LRB097 14710 AJO 61950 b

1
(official seal)

 
2    There shall be attached a certificate of magistracy, or
3other comparable proof of office of the notary public
4satisfactory to the court, to a consent signed and acknowledged
5in another state.
6    L. A surrender or consent executed and acknowledged outside
7of this State, either in accordance with the law of this State
8or in accordance with the law of the place where executed, is
9valid.
10    M. Where a consent or a surrender is signed in a foreign
11country, the execution of such consent shall be acknowledged or
12affirmed in a manner conformable to the law and procedure of
13such country.
14    N. If the person signing a consent or surrender is in the
15military service of the United States, the execution of such
16consent or surrender may be acknowledged before a commissioned
17officer and the signature of such officer on such certificate
18shall be verified or acknowledged before a notary public or by
19such other procedure as is then in effect for such division or
20branch of the armed forces.
21    O. (1) The parent or parents of a child in whose interests
22a petition under Section 2-13 of the Juvenile Court Act of 1987
23is pending may, with the approval of the designated
24representative of the Department of Children and Family
25Services ("Department" or "DCFS"), execute a consent to

 

 

HB4028 Enrolled- 32 -LRB097 14710 AJO 61950 b

1adoption by a specified person or persons:
2        (a) in whose physical custody the child has resided for
3    at least 6 months; or
4        (b) in whose physical custody at least one sibling of
5    the child who is the subject of this consent has resided
6    for at least 6 months, and the child who is the subject of
7    this consent is currently residing in this foster home; or
8        (c) in whose physical custody a child under one year of
9    age has resided for at least 3 months.
10The court may waive the time frames in subdivisions (a), (b),
11and (c) for good cause shown if the court finds it to be in the
12child's best interests.
13A consent under this subsection O shall be acknowledged by a
14parent pursuant to subsection H and subsection K of this
15Section.
16    (2) The final and irrevocable consent to adoption by a
17specified person or persons in a Department of Children and
18Family Services (DCFS) case consent to adoption by a specified
19person or persons shall have the caption of the proceeding in
20which it is to be filed and shall be substantially as follows:
21
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
22
A SPECIFIED PERSON OR PERSONS: DCFS CASE
23    I, ......................................, the
24.................. (mother or father) of a ....male child,
25state:
26        1. My child ............................ (name of

 

 

HB4028 Enrolled- 33 -LRB097 14710 AJO 61950 b

1    child) was born on (insert date) at ....................
2    Hospital in the municipality of ........., in
3    ................ County, State of ...............
4        2. I reside at ......................, County of
5    ............. and State of ..............
6        Mail may also be sent to me at this address
7    ............................, in care of .................
8        My home telephone number is..........................
9        My cell telephone number is..........................
10        My e-mail address is.................................
11        3. I, ..........................., am .... years old.
12        4. I enter my appearance in this action for my child to
13    be adopted to adopt my child by the person or persons
14    specified herein by me and waive service of summons on me
15    in this action only.
16        5. I hereby acknowledge that I have been provided a
17    copy of the Birth Parent Rights and Responsibilities for
18    DCFS Cases before signing this Consent and that I have had
19    time to read this form or have it read to me and that I
20    understand the rights and responsibilities described in
21    this form. I understand that if I do not receive any of my
22    rights as described in the form, it shall not constitute a
23    basis to revoke this Final and Irrevocable Consent to
24    Adoption by a Specified Person or Persons.
25        6. I do hereby consent and agree to the adoption of
26    such child by .......... (specified person or persons)

 

 

HB4028 Enrolled- 34 -LRB097 14710 AJO 61950 b

1    only.
2        7. I wish to sign this consent and I understand that by
3    signing this consent I irrevocably and permanently give up
4    all my parental rights I have to my child.
5        8. I understand that this consent allows my child to be
6    adopted by .......... only and that I cannot under any
7    circumstances after signing this document change my mind
8    and revoke or cancel this consent.
9        9. I understand that this consent will be void if:
10            (a) the Department places my child with someone
11        other than the specified person or persons; or
12            (b) a court denies the adoption petition for the
13        specified person or persons to adopt my child; or
14            (c) the DCFS Guardianship Administrator refuses to
15        consent to my child's adoption by the specified person
16        or persons on the basis that the adoption is not in my
17        child's best interests.
18        I understand that if this consent is void I have
19    parental rights to my child, subject to any applicable
20    court orders including those entered under Article II of
21    the Juvenile Court Act of 1987, unless and until I sign a
22    new consent or surrender or my parental rights are
23    involuntarily terminated. I understand that if this
24    consent is void, my child may be adopted by someone other
25    than the specified person or persons only if I sign a new
26    consent or surrender, or my parental rights are

 

 

HB4028 Enrolled- 35 -LRB097 14710 AJO 61950 b

1    involuntarily terminated. I understand that if this
2    consent is void, the Department will notify me within 30
3    days using the addresses and telephone numbers I provided
4    in paragraph 2 of this form. I understand that if I receive
5    such a notice, it is very important that I contact the
6    Department immediately, and preferably within 30 days, to
7    have input into the plan for my child's future.
8        10. I understand that if a petition for adoption of my
9    child is filed by someone other than the specified person
10    or persons, the Department will notify me within 14 days
11    after the Department becomes aware of the petition. The
12    fact that someone other than the specified person or
13    persons files a petition to adopt my child does not make
14    this consent void.
15        11. If a person other than the specified person or
16    persons files a petition to adopt my child or if the
17    consent is void under paragraph 9, the Department will send
18    written notice to me using the mailing address and email
19    address provided by me in paragraph 2 of this form. The
20    Department will also contact me using the telephone numbers
21    I provided in paragraph 2 of this form. It is very
22    important that I let the Department know if any of my
23    contact information changes. If I do not let the Department
24    know if any of my contact information changes, I understand
25    that I may not receive notification from the Department if
26    this consent is void or if someone other than the specified

 

 

HB4028 Enrolled- 36 -LRB097 14710 AJO 61950 b

1    person or persons files a petition to adopt my child. If
2    any of my contact information changes, I should immediately
3    notify:
4        Caseworker's name and telephone number:
5    ............................................................;
6        Agency name, address, zip code, and telephone number:
7    ............................................................;
8        Supervisor's name and telephone number:
9    ............................................................;
10    DCFS Advocacy Office for Children and Families:
11    800-232-3798.
12        12. I expressly acknowledge that paragraph 9 (and
13    paragraphs 8a and 8b, if applicable) do not impair the
14    validity and finality of this consent under any
15    circumstances.
16         I consent to the adoption of my child by
17    ............................. (specified person or
18    persons) only.
19         I wish to sign this consent and I understand that by
20    signing this consent I irrevocably and permanently give up
21    all parental rights I have to my child if my child is
22    adopted by ............................. (specified person
23    or persons).
24         I understand my child will be adopted by
25    ............................. (specified person or
26    persons) only and that I cannot under any circumstances,

 

 

HB4028 Enrolled- 37 -LRB097 14710 AJO 61950 b

1    after signing this document, change my mind and revoke or
2    cancel this consent or obtain or recover custody or any
3    other rights over my child if ............................
4    (specified person or persons) adopt my child.
5         I understand that this consent to adoption is valid
6    only if the petition to adopt is filed within one year from
7    the date that I sign it and that if .......................
8    (specified person or persons), for any reason, cannot or
9    will not file a petition to adopt my child within that one
10    year period or if their adoption petition is denied, then
11    this consent will be voidable after one year upon the
12    timely filing of my motion. If I file this motion before
13    the filing of the petition for adoption, I understand that
14    the court shall revoke this specific consent. I have the
15    right to notice of any other proceeding that could affect
16    my parental rights, except for the proceeding for
17    ............. (specified person or persons) to adopt my
18    child.
19         13. I have read and understand the above and I am
20    signing it as my free and voluntary act.
21        Dated (insert date).
22        .............................................
23        Signature of parent
24    (3) If the parent consents to an adoption by 2 specified
25persons, then the form shall contain 2 additional paragraphs in
26substantially the following form:

 

 

HB4028 Enrolled- 38 -LRB097 14710 AJO 61950 b

1        8a. If ............... (specified persons) get a
2    divorce or are granted a dissolution of a civil union
3    before the petition to adopt my child is granted, this
4    consent is valid for ........... (specified person) to
5    adopt my child. I understand that I cannot change my mind
6    or revoke this consent or recover custody of my child on
7    the basis that the specified persons divorce or are granted
8    a dissolution of a civil union. then .......... (specified
9    person) shall adopt my child. I understand that I cannot
10    change my mind and revoke this consent or obtain or recover
11    custody over my child if ............. (specified persons)
12    divorce and ............. (specified person) adopts my
13    child. I understand that I cannot change my mind and revoke
14    this consent or obtain or recover custody over my child if
15    ................. (specified persons) divorce after the
16    adoption is final. I understand that this consent to
17    adoption has no effect on who will get custody of my child
18    if they divorce after the adoption is final.
19        8b. I understand that if either ...............
20    (specified persons) dies before the petition to adopt my
21    child is granted, this consent remains valid for the
22    surviving person to adopt my child. I understand that I
23    cannot change my mind or revoke this consent or recover
24    custody of my child on the basis that one of the specified
25    persons dies. then the surviving person can adopt my child.
26    I understand that I cannot change my mind and revoke this

 

 

HB4028 Enrolled- 39 -LRB097 14710 AJO 61950 b

1    consent or obtain or recover custody over my child if the
2    surviving person adopts my child.
3    A consent to adoption by specified persons on this form
4shall have no effect on a court's determination of custody or
5visitation under the Illinois Marriage and Dissolution of
6Marriage Act if the marriage of the specified persons is
7dissolved after the adoption is final.
8    (4) The form of the certificate of acknowledgement for a
9Final and Irrevocable Consent for Adoption by a Specified
10Person or Persons: DCFS Case shall be substantially as follows:
 
11STATE OF ..............)
12                       ) SS.
13COUNTY OF .............)
 
14    I, .................... (Name of Judge or other person),
15..................... (official title, name, and address),
16certify that ............., personally known to me to be the
17same person whose name is subscribed to the foregoing Final and
18Irrevocable Consent for Adoption by a Specified Person or
19Persons: DCFS Case, appeared before me this day in person and
20acknowledged that (she)(he) signed and delivered the consent as
21(her)(his) free and voluntary act, for the specified purpose.
22    I have fully explained that this consent to adoption is
23valid only if the petition to adopt is filed within one year
24from the date that it is signed, and that if the specified

 

 

HB4028 Enrolled- 40 -LRB097 14710 AJO 61950 b

1person or persons, for any reason, cannot or will not adopt the
2child or if the adoption petition is denied, then this consent
3will be voidable after one year upon the timely filing of a
4motion by the parent to revoke the consent. I explained that if
5this motion is filed before the filing of the petition for
6adoption, the court shall revoke this specific consent. I have
7fully explained that if the specified person or persons adopt
8the child, by signing this consent this parent is irrevocably
9and permanently relinquishing all parental rights to the child
10so that the child may be adopted by a specified person or
11persons, and this parent has stated that such is (her)(his)
12intention and desire. I have fully explained that this consent
13is void only if:
14        (a) the placement is disrupted and the child is moved
15    to a different placement; or
16        (b) a court denies the petition for adoption; or
17        (c) the Department of Children and Family Services
18    Guardianship Administrator refuses to consent to the
19    child's adoption by a specified person or persons on the
20    basis that the adoption is not in the child's best
21    interests.
22    Dated (insert date).
23    ...............................
24    Signature
25    (5) If a consent to adoption by a specified person or
26persons is executed in this form, the following provisions

 

 

HB4028 Enrolled- 41 -LRB097 14710 AJO 61950 b

1shall apply. The consent shall be valid only for the if that
2specified person or persons to adopt the child. The consent
3shall be void voidable after one year if:
4        (a) the placement disrupts and the child is moved to
5    another placement the specified person or persons do not
6    file a petition to adopt the child within one year after
7    the consent is signed and the parent files a timely motion
8    to revoke this consent. If this motion is filed before the
9    filing of the petition for adoption the court shall revoke
10    this consent; or
11        (b) a court denies the petition for adoption a court
12    denies the adoption petition; or
13        (c) the Department of Children and Family Services
14    Guardianship Administrator refuses to consent to the
15    child's adoption by the specified person or persons on the
16    basis that the adoption is not in the child's best
17    interests determines that the specified person or persons
18    will not or cannot complete the adoption, or in the best
19    interests of the child should not adopt the child.
20    If the consent is void under this Section, the parent shall
21not need to take further action to revoke the consent. No
22proceeding for termination of parental rights shall be brought
23unless the parent who executed the consent to adoption by a
24specified person or persons has been notified of the
25proceedings pursuant to Section 7 of this Act or subsection (4)
26of Section 2-13 of the Juvenile Court Act of 1987. Within 30

 

 

HB4028 Enrolled- 42 -LRB097 14710 AJO 61950 b

1days of the consent becoming void, the Department of Children
2and Family Services Guardianship Administrator shall make good
3faith attempts to notify the parent in writing and shall give
4written notice to the court and all additional parties in
5writing that the adoption has not occurred or will not occur
6and that the consent is void. If the adoption by a specified
7person or persons does not occur, no proceeding for termination
8of parental rights shall be brought unless the biological
9parent who executed the consent to adoption by a specified
10person or persons has been notified of the proceeding pursuant
11to Section 7 of this Act or subsection (4) of Section 2-13 of
12the Juvenile Court Act of 1987. The parent shall not need to
13take further action to revoke the consent if the specified
14adoption does not occur, notwithstanding the provisions of
15Section 11 of this Act.
16    (6) The Department of Children and Family Services is
17authorized to promulgate rules necessary to implement this
18subsection O.
19    (7) (Blank). The Department shall collect and maintain data
20concerning the efficacy of specific consents. This data shall
21include the number of specific consents executed and their
22outcomes, including but not limited to the number of children
23adopted pursuant to the consents, the number of children for
24whom adoptions are not completed, and the reason or reasons why
25the adoptions are not completed.
26    (8) The Department of Children and Family Services shall

 

 

HB4028 Enrolled- 43 -LRB097 14710 AJO 61950 b

1promulgate a rule and procedures regarding Consents to Adoption
2by a Specified Person or Persons in DCFS cases. The rule and
3procedures shall provide for the development of the Birth
4Parent Rights and Responsibilities Form for DCFS Cases.
5    (9) A consent to adoption by specified persons on this
6consent form shall have no effect on a court's determination of
7custody or visitation under the Illinois Marriage and
8Dissolution of Marriage Act or the Illinois Religious Freedom
9Protection and Civil Union Act if the marriage or civil union
10of the specified persons is dissolved after the adoption is
11final.
12    P. If the person signing a consent is incarcerated or
13detained in a correctional facility, prison, jail, detention
14center, or other comparable institution, either in this State
15or any other jurisdiction, the execution of such consent may be
16acknowledged before social service personnel of such
17institution, or before a person designated by a court of
18competent jurisdiction.
19    Q. A consent may be acknowledged telephonically, via
20audiovisual connection, or other electronic means, provided
21that a court of competent jurisdiction has entered an order
22approving the execution of the consent in such manner and has
23designated an individual to be physically present with the
24parent executing such consent in order to verify the identity
25of the parent.
26    R. An agency whose representative is acknowledging a

 

 

HB4028 Enrolled- 44 -LRB097 14710 AJO 61950 b

1consent pursuant to this Section shall be a public child
2welfare agency, or a child welfare agency, or a child placing
3agency that is authorized or licensed in the State or
4jurisdiction in which the consent is signed.
5    S. The form of waiver by a putative or legal father of a
6born or unborn child shall be substantially as follows:
 
7
FINAL AND IRREVOCABLE
8
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

 
9    I, .................... , state under oath or affirm as
10follows:
11        1. That the biological mother ............... has
12    named me as a possible biological or legal father of her
13    minor child who was born, or is expected to be born on
14    ..........., ......, in the City/Town of........., State
15    of ...........
16        2. That I understand that the biological mother
17    ............. intends to or has placed the child for
18    adoption.
19        3. That I reside at ................, in the City/Town
20    of..........., State of ................
21        4. That I am ................ years of age and my date
22    of birth is ..............., .............
23        5. That I (select one):
24            ..... am married to the biological mother.

 

 

HB4028 Enrolled- 45 -LRB097 14710 AJO 61950 b

1            ..... am not married to the biological mother and
2        have not been married to the biological mother within
3        300 days before the child's birth or expected date of
4        child's birth.
5            ..... am not currently married to the biological
6        mother, but was married to the biological mother,
7        within 300 days before the child's birth or expected
8        date of child's birth.
9        6. That I (select one):
10            ..... neither admit nor deny that I am the
11        biological father of the child.
12            ..... deny that I am the biological father of the
13        child.
14        7. That I hereby agree to the termination of my
15    parental rights, if any, without further notice to me of
16    any proceeding for the adoption of the minor child, even if
17    I have taken any action to establish parental rights or
18    take any such action in the future including registering
19    with any putative father registry.
20        8. That I understand that by signing this Waiver I do
21    irrevocably and permanently give up all custody and other
22    parental rights I may have to such child.
23        9. That I understand that this Waiver is FINAL AND
24    IRREVOCABLE and that I am permanently barred from
25    contesting any proceeding for the adoption of the child
26    after I sign this Waiver.

 

 

HB4028 Enrolled- 46 -LRB097 14710 AJO 61950 b

1        10. That I waive any further service of summons or
2    other pleadings in any proceeding to terminate parental
3    rights, if any to this child, or any proceeding for
4    adoption of this child.
5        11. That I understand that if a final judgment or order
6    of adoption for this child is not entered, then any
7    parental rights or responsibilities that I may have remain
8    intact.
9        12. That I have read and understand the above and that
10    I am signing it as my free and voluntary act.
 
11    Dated: ................... , ..............
12    ...........................................
13    Signature
 
14
OATH
15I have been duly sworn and I state under oath that I have read
16and understood this Final and Irrevocable Waiver of Parental
17Rights of Putative or Legal Father. The facts contained in it
18are true and correct to the best of my knowledge. I have signed
19this document as my free and voluntary act in order to
20facilitate the adoption of the child.
 
21..............................
22Signature
 

 

 

HB4028 Enrolled- 47 -LRB097 14710 AJO 61950 b

1Signed and Sworn before me on
2this ............ day
3of ..........., 20....
 
4...................
5Notary Public
6(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11;
797-493, eff. 8-22-11.)
 
8    (750 ILCS 50/18.08 new)
9    Sec. 18.08. Adoption Advisory Council.
10    (a) There shall be established under the Department of
11Public Health and the Department of Children and Family
12Services the Adoption Advisory Council. The Council shall
13include:
14        (1) the Director of the Department of Public Health, or
15    his or her designee, who shall serve as the co-chairperson
16    of the Council;
17        (2) the Director of the Department of Children and
18    Family Services, or his or her designee, who shall serve as
19    the co-chairperson of the Council;
20        (3) an attorney representing the Attorney General's
21    Office appointed by the Attorney General;
22        (4) a currently certified confidential intermediary
23    appointed by the Director of the Department of Children and
24    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 Remembered, Inc.,
7    Children's Home and Aid Society of Illinois, Child Welfare
8    Advisory Council, The Cradle, Healing Hearts, Illinois
9    Foster Parents Association, Illinois State Bar
10    Association, Illinois State Medical Society, Jewish
11    Children's Bureau, LDS Social Services, Lutheran Social
12    Services of Illinois, Maryville Academy, Midwest Adoption
13    Center, St. Mary's Services, Stars of David, and
14    Truthseekers in Adoption;
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 Advisory Council or that the
7organization is no longer functioning, the Directors may
8designate another organization that represents the same
9constituency as the named organization to replace the named
10organization 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

 

 

HB4028 Enrolled- 50 -LRB097 14710 AJO 61950 b

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

 

 

HB4028 Enrolled- 51 -LRB097 14710 AJO 61950 b

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

 

 

HB4028 Enrolled- 52 -LRB097 14710 AJO 61950 b

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 Advisory
8Council and cease to function.
 
9    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
10    Sec. 18.3a. Confidential intermediary.
11    (a) General purposes. Notwithstanding any other provision
12of this Act, any adopted or surrendered person 21 years of age
13or over, any adoptive parent or legal guardian of an adopted or
14surrendered person under the age of 21, or any birth parent of
15an adopted or surrendered person who is 21 years of age or over
16may petition the court in any county in the State of Illinois
17for appointment of a confidential intermediary as provided in
18this Section for the purpose of exchanging medical information
19with one or more mutually consenting biological relatives,
20obtaining identifying information about one or more mutually
21consenting biological relatives, or arranging contact with one
22or more mutually consenting biological relatives.
23Additionally, in cases where an adopted or surrendered person
24is deceased, an adult child of the adopted or surrendered
25person or his or her adoptive parents or surviving spouse may

 

 

HB4028 Enrolled- 53 -LRB097 14710 AJO 61950 b

1file a petition under this Section and in cases where the birth
2parent is deceased, an adult birth sibling of the adopted or
3surrendered person or of the deceased birth parent may file a
4petition under this Section for the purpose of exchanging
5medical information with one or more mutually consenting
6biological relatives of the adopted or surrendered person,
7obtaining identifying information about one or more mutually
8consenting biological relatives of the adopted or surrendered
9person, or arranging contact with one or more mutually
10consenting biological relatives of the adopted or surrendered
11person. Beginning January 1, 2006, any adopted or surrendered
12person 21 years of age or over; any adoptive parent or legal
13guardian of an adopted or surrendered person under the age of
1421; any birth parent, birth sibling, birth aunt, or birth uncle
15of an adopted or surrendered person over the age of 21; any
16surviving child, adoptive parent, or surviving spouse of a
17deceased adopted or surrendered person who wishes to petition
18the court for the appointment of a confidential intermediary
19shall be required to accompany their petition with proof of
20registration with the Illinois Adoption Registry and Medical
21Information Exchange.
22    (b) Petition. Upon petition by an adopted or surrendered
23person 21 years of age or over (an "adult adopted or
24surrendered person"), an adoptive parent or legal guardian of
25an adopted or surrendered person under the age of 21, or a
26birth parent of an adopted or surrendered person who is 21

 

 

HB4028 Enrolled- 54 -LRB097 14710 AJO 61950 b

1years of age or over, the court shall appoint a confidential
2intermediary. Upon petition by an adult child, adoptive parent
3or surviving spouse of an adopted or surrendered person who is
4deceased, by an adult birth sibling of an adopted or
5surrendered person whose common birth parent is deceased and
6whose adopted or surrendered birth sibling is 21 years of age
7or over, or by an adult sibling of a birth parent who is
8deceased, and whose surrendered child is 21 years of age or
9over, the court may appoint a confidential intermediary if the
10court finds that the disclosure is of greater benefit than
11nondisclosure. The petition shall state which biological
12relative or relatives are being sought and shall indicate if
13the petitioner wants to do any one or more of the following:
14exchange medical information with the biological relative or
15relatives, obtain identifying information from the biological
16relative or relatives, or to arrange contact with the
17biological 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
24petitioner's payment of the intermediary's fees and expenses in
25advance of the commencement of the work of the confidential
26intermediary. No However, no fee shall be charged if the

 

 

HB4028 Enrolled- 55 -LRB097 14710 AJO 61950 b

1petitioner is an adult adopted or surrendered person and the
2sought-after relative is a birth parent who filed or who did
3not file a Denial with the Registry prior to January 1, 2011,
4or filed a Birth Parent Preference Form on which Option E was
5selected after January 1, 2011 and more than 5 years have
6transpired since the birth parent filed the Denial of
7Information Exchange or Birth Parent Preference Form on which
8Option E was selected.
9    (e) Eligibility of intermediary. The court may appoint as
10confidential intermediary any person certified by the
11Department of Children and Family Services as qualified to
12serve as a confidential intermediary. Certification shall be
13dependent upon the confidential intermediary completing a
14course of training including, but not limited to, applicable
15federal and State privacy laws.
16    (f) (Blank). Confidential Intermediary Council. There
17shall be established under the Department of Children and
18Family Services a Confidential Intermediary Advisory Council.
19One member shall be an attorney representing the Attorney
20General's Office appointed by the Attorney General. One member
21shall be a currently certified confidential intermediary
22appointed by the Director of the Department of Children and
23Family Services. The Director shall also appoint 5 additional
24members. When making those appointments, the Director shall
25consider advocates for adopted persons, adoptive parents,
26birth parents, lawyers who represent clients in private

 

 

HB4028 Enrolled- 56 -LRB097 14710 AJO 61950 b

1adoptions, lawyers specializing in privacy law, and
2representatives of agencies involved in adoptions. The
3Director shall appoint one of the 7 members as the chairperson.
4An attorney from the Department of Children and Family Services
5and the person directly responsible for administering the
6confidential intermediary program shall serve as ex-officio,
7non-voting advisors to the Council. Council members shall serve
8at the discretion of the Director and shall receive no
9compensation other than reasonable expenses approved by the
10Director. The Council shall meet no less than twice yearly and
11shall meet at least once yearly with the Registry Advisory
12Council, and shall make recommendations to the Director
13regarding the development of rules, procedures, and forms that
14will ensure efficient and effective operation of the
15confidential intermediary process, including:
16        (1) Standards for certification for confidential
17    intermediaries.
18        (2) Oversight of methods used to verify that
19    intermediaries are complying with the appropriate laws.
20        (3) Training for confidential intermediaries,
21    including training with respect to federal and State
22    privacy laws.
23        (4) The relationship between confidential
24    intermediaries and the court system, including the
25    development of sample orders defining the scope of the
26    intermediaries' access to information.

 

 

HB4028 Enrolled- 57 -LRB097 14710 AJO 61950 b

1        (5) Any recent violations of policy or procedures by
2    confidential intermediaries and remedial steps, including
3    decertification, to prevent future violations.
4    (g)  Access. Subject to the limitations of subsection (i)
5of this Section, the confidential intermediary shall have
6access to vital records or a comparable public entity that
7maintains vital records in another state in accordance with
8that state's laws, maintained by the Department of Public
9Health and its local designees for the maintenance of vital
10records or a comparable public entity that maintains vital
11records in another state in accordance with that state's laws
12and all records of the court or any adoption agency, public or
13private, as limited in this Section, which relate to the
14adoption or the identity and location of an adopted or
15surrendered person, of an adult child or surviving spouse of a
16deceased adopted or surrendered person, or of a birth parent,
17birth sibling, or the sibling of a deceased birth parent. The
18confidential intermediary shall not have access to any personal
19health information protected by the Standards for Privacy of
20Individually Identifiable Health Information adopted by the
21U.S. Department of Health and Human Services under the Health
22Insurance Portability and Accountability Act of 1996 unless the
23confidential intermediary has obtained written consent from
24the person whose information is being sought by an adult
25adopted or surrendered person or, if that person is a minor
26child, that person's parent or guardian. Confidential

 

 

HB4028 Enrolled- 58 -LRB097 14710 AJO 61950 b

1intermediaries shall be authorized to inspect confidential
2relinquishment and adoption records. The confidential
3intermediary shall not be authorized to access medical records,
4financial records, credit records, banking records, home
5studies, attorney file records, or other personal records. In
6cases where a birth parent is being sought, an adoption agency
7shall inform the confidential intermediary of any statement
8filed pursuant to Section 18.3, hereinafter referred to as "the
918.3 statement", indicating a desire of the surrendering birth
10parent to have identifying information shared or to not have
11identifying information shared. If there was a clear statement
12of intent by the sought-after birth parent not to have
13identifying information shared, the confidential intermediary
14shall discontinue the search and inform the petitioning party
15of the sought-after relative's intent unless the birth parent
16filed the 18.3 statement prior to the effective date of this
17amendatory Act of the 96th General Assembly and more than 5
18years have elapsed since the filing of the 18.3 statement. If
19the adult adopted or surrendered person is the subject of an
2018.3 statement indicating a desire not to establish contact
21which was filed more than 5 years prior to the search request,
22the confidential intermediary shall confirm the petitioner's
23desire to continue the search. Information provided to the
24confidential intermediary by an adoption agency shall be
25restricted to the full name, date of birth, place of birth,
26last known address, last known telephone number of the

 

 

HB4028 Enrolled- 59 -LRB097 14710 AJO 61950 b

1sought-after relative or, if applicable, of the children or
2siblings of the sought-after relative, and the 18.3 statement.
3    (h) Adoption agency disclosure of medical information. If
4the petitioner is an adult adopted or surrendered person or the
5adoptive parent of a minor and if the petitioner has signed a
6written authorization to disclose personal medical
7information, an adoption agency disclosing information to a
8confidential intermediary shall disclose available medical
9information about the adopted or surrendered person from birth
10through adoption.
11    (i) Duties of confidential intermediary in conducting a
12search. In conducting a search under this Section, the
13confidential intermediary shall first confirm that there is no
14Denial of Information Exchange on file with the Illinois
15Adoption Registry. If the petitioner is an adult child of an
16adopted or surrendered person who is deceased, the confidential
17intermediary shall additionally confirm that the adopted or
18surrendered person did not file a Denial of Information
19Exchange or a Birth Parent Preference Form with Option E
20selected with the Illinois Adoption Registry during his or her
21life. If there is a Denial on file with the Registry, the
22confidential intermediary must discontinue the search unless
23the petitioner is an adult adopted or surrendered person and
24the sought-after birth relative filed the Denial 5 years or
25more prior to the search or the birth parent has not been the
26object of a search through the State confidential intermediary

 

 

HB4028 Enrolled- 60 -LRB097 14710 AJO 61950 b

1program for 10 or more years. If the petitioner is an adult
2adopted or surrendered person and there is a Birth Parent
3Preference Form on file with the Registry and the birth parent
4who completed the form selected Option E, the confidential
5intermediary must discontinue the search unless 5 years or more
6have elapsed since the filing of the Birth Parent Preference
7Form. If the petitioner is an adult birth sibling of an adopted
8or surrendered person or an adult sibling of a birth parent who
9is deceased, the confidential intermediary shall additionally
10confirm that the birth parent did not file a Denial of
11Information Exchange or a Birth Parent Preference Form with
12Option E selected with the Registry during his or her life. If
13the confidential intermediary learns that a sought-after birth
14parent signed an 18.3 statement indicating his or her intent
15not to have identifying information shared, and did not later
16file an Information Exchange Authorization or a Birth Parent
17Preference Form with the Registry, the confidential
18intermediary shall discontinue the search and inform the
19petitioning party of the birth parent's intent, unless the
20petitioner is an adult adopted or surrendered person and 5
21years or more have elapsed since the birth parent signed the
22statement indicating his or her intent not to have identifying
23information shared. In cases where the birth parent filed a
24Denial of Information Exchange or Birth Parent Preference Form
25where Option E was selected, or statement indicating his or her
26intent not to have identifying information shared less than 5

 

 

HB4028 Enrolled- 61 -LRB097 14710 AJO 61950 b

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

 

 

HB4028 Enrolled- 62 -LRB097 14710 AJO 61950 b

1the petition. Based upon the terms of the petitioner's request,
2the confidential intermediary shall contact a sought-after
3relative on behalf of the petitioner and inform the
4sought-after relative of the following options:
5        (1) The sought-after relative may totally reject one or
6    all of the requests for medical information, identifying
7    information or contact. The sought-after relative shall be
8    informed that they can provide a medical questionnaire to
9    be forwarded to the petitioner without releasing any
10    identifying information. The confidential intermediary
11    shall inform the petitioner of the sought-after relative's
12    decision to reject the sharing of 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. In
23    this case, the confidential intermediary shall arrange the
24    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. If both the petitioner and the
5    sought-after relative or relatives are eligible to
6    register with the Illinois Adoption Registry, the
7    confidential intermediary shall provide the necessary
8    application forms and request that the sought-after
9    relative register with the Illinois Adoption Registry. If
10    either the petitioner or the sought-after relative or
11    relatives are ineligible to register with the Illinois
12    Adoption Registry, the confidential intermediary shall
13    obtain written consents from both parties that they wish to
14    disclose their identities to each other and to have contact
15    with each other.
16    (j) Oath. The confidential intermediary shall sign an oath
17of confidentiality substantially as follows: "I, ..........,
18being duly sworn, on oath depose and say: As a condition of
19appointment as a confidential intermediary, I affirm that:
20        (1) I will not disclose to the petitioner, directly or
21    indirectly, any confidential information except in a
22    manner consistent with the law.
23        (2) I recognize that violation of this oath subjects me
24    to civil liability and to a potential finding of contempt
25    of court. ................................
26SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert

 

 

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1date)
2................................."
3    (k) Sanctions.
4        (1) Any confidential intermediary who improperly
5    discloses confidential information identifying a
6    sought-after relative shall be liable to the sought-after
7    relative for damages and may also be found in contempt of
8    court.
9        (2) Any person who learns a sought-after relative's
10    identity, directly or indirectly, through the use of
11    procedures provided in this Section and who improperly
12    discloses information identifying the sought-after
13    relative shall be liable to the sought-after relative for
14    actual damages plus minimum punitive damages of $10,000.
15        (3) The Department shall fine any confidential
16    intermediary who improperly discloses confidential
17    information in violation of item (1) or (2) of this
18    subsection (k) an amount up to $2,000 per improper
19    disclosure. This fine does not affect civil liability under
20    item (2) of this subsection (k). The Department shall
21    deposit all fines and penalties collected under this
22    Section into the Illinois Adoption Registry and Medical
23    Information Fund.
24    (l) Death of person being sought. Notwithstanding any other
25provision of this Act, if the confidential intermediary
26discovers that the person being sought has died, he or she

 

 

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1shall report this fact to the court, along with a copy of the
2death certificate. If the sought-after relative is a birth
3parent, the confidential intermediary shall also forward a copy
4of the birth parent's death certificate, if available, to the
5Registry for inclusion in the Registry file.
6    (m) Any confidential information obtained by the
7confidential intermediary during the course of his or her
8search shall be kept strictly confidential and shall be used
9for the purpose of arranging contact between the petitioner and
10the sought-after birth relative. At the time the case is
11closed, all identifying information shall be returned to the
12court for inclusion in the impounded adoption file.
13    (n) If the petitioner is an adopted or surrendered person
1421 years of age or over or the adoptive parent or legal
15guardian of an adopted or surrendered person under the age of
1621, any non-identifying information, as defined in Section
1718.4, that is ascertained during the course of the search may
18be given in writing to the petitioner at any time during the
19search before the case is closed.
20    (o) Except as provided in subsection (k) of this Section,
21no liability shall accrue to the State, any State agency, any
22judge, any officer or employee of the court, any certified
23confidential intermediary, or any agency designated to oversee
24confidential intermediary services for acts, omissions, or
25efforts made in good faith within the scope of this Section.
26    (p) An adoption agency that has received a request from a

 

 

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1confidential intermediary for the full name, date of birth,
2last known address, or last known telephone number of a
3sought-after relative pursuant to subsection (g) of Section
418.3a, or for medical information regarding a sought-after
5relative pursuant to subsection (h) of Section 18.3a, must
6satisfactorily comply with this court order within a period of
745 days. The court shall order the adoption agency to reimburse
8the petitioner in an amount equal to all payments made by the
9petitioner to the confidential intermediary, and the adoption
10agency shall be subject to a civil monetary penalty of $1,000
11to be paid to the Department of Children and Family Services.
12Following the issuance of a court order finding that the
13adoption agency has not complied with Section 18.3, the
14adoption agency shall be subject to a monetary penalty of $500
15per day for each subsequent day of non-compliance. Proceeds
16from such fines shall be utilized by the Department of Children
17and Family Services to subsidize the fees of petitioners as
18referenced in subsection (d) of this Section.
19    (q) Provide information to eligible petitioner. The
20confidential intermediary may provide to eligible petitioners
21as described in subsections (a) and (b) of this Section, the
22name of the child welfare agency which had legal custody of the
23surrendered person or responsibility for placing the
24surrendered person and any available contact information for
25such agency. In addition, the confidential intermediary may
26provide to such petitioners the name of the state in which the

 

 

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1surrender occurred or in which the adoption was finalized.
2    Any reimbursements and fines, notwithstanding any
3reimbursement directly to the petitioner, paid under this
4subsection are in addition to other remedies a court may
5otherwise impose by law.
6    The Department of Children and Family Services shall submit
7reports to the Adoption Advisory Council Confidential
8Intermediary Advisory Council by July 1 and January 1 of each
9year in order to report the penalties assessed and collected
10under this subsection, the amounts of related deposits into the
11DCFS Children's Services Fund, and any expenditures from such
12deposits.
13(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10;
1497-110, eff. 7-14-11.)
 
15    (750 ILCS 50/18.07 rep.)
16    Section 15. The Adoption Act is amended by repealing
17Section 18.07.
 
18    Section 99. Effective date. This Act takes effect January
191, 2013, except this Section and Section 5 take effect upon
20becoming law.