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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Child Care Act of 1969 is amended by adding |
5 | | Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows: |
6 | | (225 ILCS 10/2.30 new) |
7 | | Sec. 2.30. Placement disruption. "Placement disruption" |
8 | | means a circumstance where the child is removed from an |
9 | | adoptive placement before the adoption is finalized. |
10 | | (225 ILCS 10/2.31 new) |
11 | | Sec. 2.31. Secondary placement. "Secondary placement" |
12 | | means a placement, including but not limited to the placement |
13 | | of a ward of the Department, that occurs after a placement |
14 | | disruption or adoption dissolution. "Secondary placement" does |
15 | | not mean secondary placements arising due to the death of the |
16 | | adoptive parent of the child. |
17 | | (225 ILCS 10/2.32 new) |
18 | | Sec. 2.32. Adoption dissolution. "Adoption dissolution" |
19 | | means a circumstance where the child is removed from an |
20 | | adoptive placement after the adoption is finalized. |
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1 | | (225 ILCS 10/2.33 new) |
2 | | Sec. 2.33. Unregulated placement. "Unregulated placement" |
3 | | means the secondary placement of a child that occurs without |
4 | | the oversight of the courts, the Department, or a licensed |
5 | | child welfare agency. |
6 | | (225 ILCS 10/2.34 new) |
7 | | Sec. 2.34. Post-placement and post-adoption support |
8 | | services. "Post-placement and post-adoption support services" |
9 | | means support services for placed or adopted children and |
10 | | families that include, but are not limited to, counseling for |
11 | | emotional, behavioral, or developmental needs. |
12 | | Section 10. The Adoption Act is amended by changing |
13 | | Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as |
14 | | follows:
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15 | | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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16 | | Sec. 1. Definitions. When used in this Act, unless the |
17 | | context
otherwise requires:
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18 | | A. "Child" means a person under legal age subject to |
19 | | adoption under
this Act.
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20 | | B. "Related child" means a child subject to adoption where |
21 | | either or both of
the adopting parents stands in any of the |
22 | | following relationships to the child
by blood, marriage, |
23 | | adoption, or civil union: parent, grand-parent, |
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1 | | great-grandparent, brother, sister, step-parent,
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2 | | step-grandparent, step-brother, step-sister, uncle, aunt, |
3 | | great-uncle,
great-aunt, first cousin, or second cousin. A |
4 | | person is related to the child as a first cousin or second |
5 | | cousin if they are both related to the same ancestor as either |
6 | | grandchild or great-grandchild. A child whose parent has |
7 | | executed
a consent to adoption, a surrender, or a waiver |
8 | | pursuant to Section 10 of this Act or whose parent has signed a |
9 | | denial of paternity pursuant to Section 12 of the Vital Records |
10 | | Act or Section 12a of this Act, or whose parent has had his or |
11 | | her parental rights
terminated, is not a related child to that |
12 | | person, unless (1) the consent is
determined to be void or is |
13 | | void pursuant to subsection O of Section 10 of this Act;
or (2) |
14 | | the parent of the child executed a consent to adoption by a |
15 | | specified person or persons pursuant to subsection A-1 of |
16 | | Section 10 of this Act and a court of competent jurisdiction |
17 | | finds that such consent is void; or (3) the order terminating |
18 | | the parental rights of the parent is vacated by a court of |
19 | | competent jurisdiction.
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20 | | C. "Agency" for the purpose of this Act means a public |
21 | | child welfare agency
or a licensed child welfare agency.
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22 | | D. "Unfit person" means any person whom the court shall |
23 | | find to be unfit
to have a child, without regard to the |
24 | | likelihood that the child will be
placed for adoption. The |
25 | | grounds of unfitness are any one or more
of the following, |
26 | | except that a person shall not be considered an unfit
person |
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1 | | for the sole reason that the person has relinquished a child in
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2 | | accordance with the Abandoned Newborn Infant Protection Act:
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3 | | (a) Abandonment of the child.
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4 | | (a-1) Abandonment of a newborn infant in a hospital.
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5 | | (a-2) Abandonment of a newborn infant in any setting |
6 | | where the evidence
suggests that the parent intended to |
7 | | relinquish his or her parental rights.
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8 | | (b) Failure to maintain a reasonable degree of |
9 | | interest, concern or
responsibility as to the child's |
10 | | welfare.
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11 | | (c) Desertion of the child for more than 3 months next |
12 | | preceding the
commencement of the Adoption proceeding.
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13 | | (d) Substantial neglect
of the
child if continuous or |
14 | | repeated.
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15 | | (d-1) Substantial neglect, if continuous or repeated, |
16 | | of any child
residing in the household which resulted in |
17 | | the death of that child.
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18 | | (e) Extreme or repeated cruelty to the child.
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19 | | (f) There is a rebuttable presumption, which can be |
20 | | overcome only by clear and convincing evidence, that a |
21 | | parent is unfit if:
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22 | | (1) Two or more findings of physical abuse have |
23 | | been entered regarding any children under Section 2-21 |
24 | | of the Juvenile Court Act
of 1987, the most recent of |
25 | | which was determined by the juvenile court
hearing the |
26 | | matter to be supported by clear and convincing |
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1 | | evidence; or |
2 | | (2) The parent has been convicted or found not |
3 | | guilty by reason of insanity and the conviction or |
4 | | finding resulted from the death of any child by |
5 | | physical abuse; or
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6 | | (3) There is a finding of physical child abuse |
7 | | resulting from the death of any
child under Section |
8 | | 2-21 of the
Juvenile Court Act of 1987. |
9 | | No conviction or finding of delinquency pursuant |
10 | | to Article V of the Juvenile Court Act of 1987 shall be |
11 | | considered a criminal conviction for the purpose of |
12 | | applying any presumption under this item (f).
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13 | | (g) Failure to protect the child from conditions within |
14 | | his environment
injurious to the child's welfare.
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15 | | (h) Other neglect of, or misconduct toward the child; |
16 | | provided that in
making a finding of unfitness the court |
17 | | hearing the adoption proceeding
shall not be bound by any |
18 | | previous finding, order or judgment affecting
or |
19 | | determining the rights of the parents toward the child |
20 | | sought to be adopted
in any other proceeding except such |
21 | | proceedings terminating parental rights
as shall be had |
22 | | under either this Act, the Juvenile Court Act or
the |
23 | | Juvenile Court Act of 1987.
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24 | | (i) Depravity. Conviction of any one of the following
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25 | | crimes shall create a presumption that a parent is depraved |
26 | | which can be
overcome only by clear and convincing |
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1 | | evidence:
(1) first degree murder in violation of paragraph |
2 | | 1 or
2 of subsection (a) of Section 9-1 of the Criminal |
3 | | Code of 1961 or the Criminal Code of 2012 or conviction
of |
4 | | second degree murder in violation of subsection (a) of |
5 | | Section 9-2 of the
Criminal Code of 1961 or the Criminal |
6 | | Code of 2012 of a parent of the child to be adopted; (2)
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7 | | first degree murder or second degree murder of any child in
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8 | | violation of the Criminal Code of 1961 or the Criminal Code |
9 | | of 2012; (3)
attempt or conspiracy to commit first degree |
10 | | murder or second degree murder
of any child in violation of |
11 | | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
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12 | | solicitation to commit murder of any child, solicitation to
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13 | | commit murder of any child for hire, or solicitation to |
14 | | commit second
degree murder of any child in violation of |
15 | | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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16 | | predatory criminal sexual assault of a child in violation |
17 | | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
18 | | or the Criminal Code of 2012; (6) heinous battery of any |
19 | | child in violation of the Criminal Code of 1961; or (7) |
20 | | aggravated battery of any child in violation of the |
21 | | Criminal Code of 1961 or the Criminal Code of 2012.
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22 | | There is a rebuttable presumption that a parent is |
23 | | depraved if the parent
has been criminally convicted of at |
24 | | least 3 felonies under the laws of this
State or any other |
25 | | state, or under federal law, or the criminal laws of any
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26 | | United States territory; and at least
one of these
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1 | | convictions took place within 5 years of the filing of the |
2 | | petition or motion
seeking termination of parental rights.
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3 | | There is a rebuttable presumption that a parent is |
4 | | depraved if that
parent
has
been criminally convicted of |
5 | | either first or second degree murder of any person
as |
6 | | defined in the Criminal Code of 1961 or the Criminal Code |
7 | | of 2012 within 10 years of the filing date of
the petition |
8 | | or motion to terminate parental rights. |
9 | | No conviction or finding of delinquency pursuant to |
10 | | Article 5 of the Juvenile Court Act of 1987 shall be |
11 | | considered a criminal conviction for the purpose of |
12 | | applying any presumption under this item (i).
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13 | | (j) Open and notorious adultery or fornication.
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14 | | (j-1) (Blank).
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15 | | (k) Habitual drunkenness or addiction to drugs, other |
16 | | than those
prescribed by a physician, for at least one year |
17 | | immediately
prior to the commencement of the unfitness |
18 | | proceeding.
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19 | | There is a rebuttable presumption that a parent is |
20 | | unfit under this
subsection
with respect to any child to |
21 | | which that parent gives birth where there is a
confirmed
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22 | | test result that at birth the child's blood, urine, or |
23 | | meconium contained any
amount of a controlled substance as |
24 | | defined in subsection (f) of Section 102 of
the Illinois |
25 | | Controlled Substances Act or metabolites of such |
26 | | substances, the
presence of which in the newborn infant was |
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1 | | not the result of medical treatment
administered to the |
2 | | mother or the newborn infant; and the biological mother of
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3 | | this child is the biological mother of at least one other |
4 | | child who was
adjudicated a neglected minor under |
5 | | subsection (c) of Section 2-3 of the
Juvenile Court Act of |
6 | | 1987.
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7 | | (l) Failure to demonstrate a reasonable degree of |
8 | | interest, concern or
responsibility as to the welfare of a |
9 | | new born child during the first 30
days after its birth.
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10 | | (m) Failure by a parent (i) to make reasonable efforts |
11 | | to correct the
conditions that were the basis for the |
12 | | removal of the child from the
parent during any 9-month |
13 | | period following the adjudication of neglected or abused |
14 | | minor under Section 2-3 of the Juvenile Court Act of 1987 |
15 | | or dependent minor under Section 2-4 of that Act, or (ii) |
16 | | to make reasonable progress
toward the return of the
child |
17 | | to the parent during any 9-month period following the |
18 | | adjudication of
neglected or abused minor under Section 2-3 |
19 | | of the Juvenile Court
Act of 1987 or dependent minor under |
20 | | Section 2-4 of that Act.
If a service plan has been |
21 | | established as
required under
Section 8.2 of the Abused and |
22 | | Neglected Child Reporting Act to correct the
conditions |
23 | | that were the basis for the removal of the child from the |
24 | | parent
and if those services were available,
then, for |
25 | | purposes of this Act, "failure to make reasonable progress |
26 | | toward the
return of the child to the parent" includes the |
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1 | | parent's failure to substantially fulfill his or her |
2 | | obligations
under
the service plan and correct the |
3 | | conditions that brought the child into care
during any |
4 | | 9-month period
following the adjudication under Section |
5 | | 2-3 or 2-4 of the Juvenile Court
Act of 1987. |
6 | | Notwithstanding any other provision, when a petition or |
7 | | motion seeks to terminate parental rights on the basis of |
8 | | item (ii) of this subsection (m), the petitioner shall file |
9 | | with the court and serve on the parties a pleading that |
10 | | specifies the 9-month period or periods relied on. The |
11 | | pleading shall be filed and served on the parties no later |
12 | | than 3 weeks before the date set by the court for closure |
13 | | of discovery, and the allegations in the pleading shall be |
14 | | treated as incorporated into the petition or motion. |
15 | | Failure of a respondent to file a written denial of the |
16 | | allegations in the pleading shall not be treated as an |
17 | | admission that the allegations are true.
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18 | | (m-1) Pursuant to the Juvenile Court Act of 1987, a |
19 | | child
has been in foster care for 15 months out of any 22 |
20 | | month period which begins
on or after the effective date of |
21 | | this amendatory Act of 1998 unless the
child's parent can |
22 | | prove
by a preponderance of the evidence that it is more |
23 | | likely than not that it will
be in the best interests of |
24 | | the child to be returned to the parent within 6
months of |
25 | | the date on which a petition for termination of parental |
26 | | rights is
filed under the Juvenile Court Act of 1987. The |
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1 | | 15 month time limit is tolled
during
any period for which |
2 | | there is a court finding that the appointed custodian or
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3 | | guardian failed to make reasonable efforts to reunify the |
4 | | child with his or her
family, provided that (i) the finding |
5 | | of no reasonable efforts is made within
60 days of the |
6 | | period when reasonable efforts were not made or (ii) the |
7 | | parent
filed a motion requesting a finding of no reasonable |
8 | | efforts within 60 days of
the period when reasonable |
9 | | efforts were not made. For purposes of this
subdivision |
10 | | (m-1), the date of entering foster care is the earlier of: |
11 | | (i) the
date of
a judicial finding at an adjudicatory |
12 | | hearing that the child is an abused,
neglected, or |
13 | | dependent minor; or (ii) 60 days after the date on which |
14 | | the
child is removed from his or her parent, guardian, or |
15 | | legal custodian.
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16 | | (n) Evidence of intent to forgo his or her parental |
17 | | rights,
whether or
not the child is a ward of the court, |
18 | | (1) as manifested
by his or her failure for a period of 12 |
19 | | months: (i) to visit the child,
(ii) to communicate with |
20 | | the child or agency, although able to do so and
not |
21 | | prevented from doing so by an agency or by court order, or |
22 | | (iii) to
maintain contact with or plan for the future of |
23 | | the child, although physically
able to do so, or (2) as |
24 | | manifested by the father's failure, where he
and the mother |
25 | | of the child were unmarried to each other at the time of |
26 | | the
child's birth, (i) to commence legal proceedings to |
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1 | | establish his paternity
under the Illinois Parentage Act of |
2 | | 1984 or the law of the jurisdiction of
the child's birth |
3 | | within 30 days of being informed, pursuant to Section 12a
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4 | | of this Act, that he is the father or the likely father of |
5 | | the child or,
after being so informed where the child is |
6 | | not yet born, within 30 days of
the child's birth, or (ii) |
7 | | to make a good faith effort to pay a reasonable
amount of |
8 | | the expenses related to the birth of the child and to |
9 | | provide a
reasonable amount for the financial support of |
10 | | the child, the court to
consider in its determination all |
11 | | relevant circumstances, including the
financial condition |
12 | | of both parents; provided that the ground for
termination |
13 | | provided in this subparagraph (n)(2)(ii) shall only be
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14 | | available where the petition is brought by the mother or |
15 | | the husband of
the mother.
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16 | | Contact or communication by a parent with his or her |
17 | | child that does not
demonstrate affection and concern does |
18 | | not constitute reasonable contact
and planning under |
19 | | subdivision (n). In the absence of evidence to the
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20 | | contrary, the ability to visit, communicate, maintain |
21 | | contact, pay
expenses and plan for the future shall be |
22 | | presumed. The subjective intent
of the parent, whether |
23 | | expressed or otherwise, unsupported by evidence of
the |
24 | | foregoing parental acts manifesting that intent, shall not |
25 | | preclude a
determination that the parent has intended to |
26 | | forgo his or her
parental
rights. In making this |
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1 | | determination, the court may consider but shall not
require |
2 | | a showing of diligent efforts by an authorized agency to |
3 | | encourage
the parent to perform the acts specified in |
4 | | subdivision (n).
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5 | | It shall be an affirmative defense to any allegation |
6 | | under paragraph
(2) of this subsection that the father's |
7 | | failure was due to circumstances
beyond his control or to |
8 | | impediments created by the mother or any other
person |
9 | | having legal custody. Proof of that fact need only be by a
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10 | | preponderance of the evidence.
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11 | | (o) Repeated or continuous failure by the parents, |
12 | | although physically
and financially able, to provide the |
13 | | child with adequate food, clothing,
or shelter.
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14 | | (p) Inability to discharge parental responsibilities |
15 | | supported by
competent evidence from a psychiatrist, |
16 | | licensed clinical social
worker, or clinical psychologist |
17 | | of mental
impairment, mental illness or an intellectual |
18 | | disability as defined in Section
1-116 of the Mental Health |
19 | | and Developmental Disabilities Code, or
developmental |
20 | | disability as defined in Section 1-106 of that Code, and
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21 | | there is sufficient justification to believe that the |
22 | | inability to
discharge parental responsibilities shall |
23 | | extend beyond a reasonable
time period. However, this |
24 | | subdivision (p) shall not be construed so as to
permit a |
25 | | licensed clinical social worker to conduct any medical |
26 | | diagnosis to
determine mental illness or mental |
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1 | | impairment.
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2 | | (q) (Blank).
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3 | | (r) The child is in the temporary custody or |
4 | | guardianship of the
Department of Children and Family |
5 | | Services, the parent is incarcerated as a
result of |
6 | | criminal conviction at the time the petition or motion for
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7 | | termination of parental rights is filed, prior to |
8 | | incarceration the parent had
little or no contact with the |
9 | | child or provided little or no support for the
child, and |
10 | | the parent's incarceration will prevent the parent from |
11 | | discharging
his or her parental responsibilities for the |
12 | | child for a period in excess of 2
years after the filing of |
13 | | the petition or motion for termination of parental
rights.
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14 | | (s) The child is in the temporary custody or |
15 | | guardianship of the
Department of Children and Family |
16 | | Services, the parent is incarcerated at the
time the |
17 | | petition or motion for termination of parental rights is |
18 | | filed, the
parent has been repeatedly incarcerated as a |
19 | | result of criminal convictions,
and the parent's repeated |
20 | | incarceration has prevented the parent from
discharging |
21 | | his or her parental responsibilities for the child.
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22 | | (t) A finding that at birth the child's blood,
urine, |
23 | | or meconium contained any amount of a controlled substance |
24 | | as
defined in subsection (f) of Section 102 of the Illinois |
25 | | Controlled Substances
Act, or a metabolite of a controlled |
26 | | substance, with the exception of
controlled substances or |
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1 | | metabolites of such substances, the presence of which
in |
2 | | the newborn infant was the result of medical treatment |
3 | | administered to the
mother or the newborn infant, and that |
4 | | the biological mother of this child is
the biological |
5 | | mother of at least one other child who was adjudicated a
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6 | | neglected minor under subsection (c) of Section 2-3 of the |
7 | | Juvenile Court Act
of 1987, after which the biological |
8 | | mother had the opportunity to enroll in
and participate in |
9 | | a clinically appropriate substance abuse
counseling, |
10 | | treatment, and rehabilitation program.
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11 | | E. "Parent" means a person who is the legal mother or legal |
12 | | father of the child as defined in subsection X or Y of this |
13 | | Section. For the purpose of this Act, a parent who has executed |
14 | | a consent to adoption, a surrender, or a waiver pursuant to |
15 | | Section 10 of this Act, who has signed a Denial of Paternity |
16 | | pursuant to Section 12 of the Vital Records Act or Section 12a |
17 | | of this Act, or whose parental rights have been terminated by a |
18 | | court, is not a parent of the child who was the subject of the |
19 | | consent, surrender, waiver, or denial unless (1) the consent is |
20 | | void pursuant to subsection O of Section 10 of this Act; or (2) |
21 | | the person executed a consent to adoption by a specified person |
22 | | or persons pursuant to subsection A-1 of Section 10 of this Act |
23 | | and a court of competent jurisdiction finds that the consent is |
24 | | void; or (3) the order terminating the parental rights of the |
25 | | person is vacated by a court of competent jurisdiction.
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26 | | F. A person is available for adoption when the person is:
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1 | | (a) a child who has been surrendered for adoption to an |
2 | | agency and to
whose adoption the agency has thereafter |
3 | | consented;
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4 | | (b) a child to whose adoption a person authorized by |
5 | | law, other than his
parents, has consented, or to whose |
6 | | adoption no consent is required pursuant
to Section 8 of |
7 | | this Act;
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8 | | (c) a child who is in the custody of persons who intend |
9 | | to adopt him
through placement made by his parents;
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10 | | (c-1) a child for whom a parent has signed a specific |
11 | | consent pursuant
to subsection O of Section 10;
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12 | | (d) an adult who meets the conditions set forth in |
13 | | Section 3 of this
Act; or
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14 | | (e) a child who has been relinquished as defined in |
15 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
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16 | | A person who would otherwise be available for adoption |
17 | | shall not be
deemed unavailable for adoption solely by reason |
18 | | of his or her death.
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19 | | G. The singular includes the plural and the plural includes
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20 | | the singular and the "male" includes the "female", as the |
21 | | context of this
Act may require.
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22 | | H. (Blank). "Adoption disruption" occurs when an adoptive |
23 | | placement does not
prove successful and it becomes necessary |
24 | | for the child to be removed from
placement before the adoption |
25 | | is finalized.
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26 | | I. "Habitual residence" has the meaning ascribed to it in |
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1 | | the federal Intercountry Adoption Act of 2000 and regulations |
2 | | promulgated thereunder.
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3 | | J. "Immediate relatives" means the biological parents, the |
4 | | parents of
the biological parents and siblings of the |
5 | | biological parents.
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6 | | K. "Intercountry adoption" is a process by which a child |
7 | | from a country
other than the United States is adopted by |
8 | | persons who are habitual residents of the United States, or the |
9 | | child is a habitual resident of the United States who is |
10 | | adopted by persons who are habitual residents of a country |
11 | | other than the United States.
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12 | | L. (Blank). "Intercountry Adoption Coordinator" means a |
13 | | staff person of the
Department of Children and Family Services |
14 | | appointed by the Director to
coordinate the provision of |
15 | | services related to an intercountry adoption.
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16 | | M. "Interstate Compact on the Placement of Children" is a |
17 | | law enacted by all
states and certain territories for the |
18 | | purpose of establishing uniform procedures for handling
the |
19 | | interstate placement of children in foster homes, adoptive |
20 | | homes, or
other child care facilities.
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21 | | N. (Blank).
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22 | | O. "Preadoption requirements" means any conditions or |
23 | | standards established by the laws or administrative rules of |
24 | | this State that must be met by a prospective adoptive parent
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25 | | prior to the placement of a child in an adoptive home.
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26 | | P. "Abused child" means a child whose parent or immediate |
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1 | | family member,
or any person responsible for the child's |
2 | | welfare, or any individual
residing in the same home as the |
3 | | child, or a paramour of the child's parent:
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4 | | (a) inflicts, causes to be inflicted, or allows to be |
5 | | inflicted upon
the child physical injury, by other than |
6 | | accidental means, that causes
death, disfigurement, |
7 | | impairment of physical or emotional health, or loss
or |
8 | | impairment of any bodily function;
|
9 | | (b) creates a substantial risk of physical injury to |
10 | | the child by
other than accidental means which would be |
11 | | likely to cause death,
disfigurement, impairment of |
12 | | physical or emotional health, or loss or
impairment of any |
13 | | bodily function;
|
14 | | (c) commits or allows to be committed any sex offense |
15 | | against the child,
as sex offenses are defined in the |
16 | | Criminal Code of 2012
and extending those definitions of |
17 | | sex offenses to include children under
18 years of age;
|
18 | | (d) commits or allows to be committed an act or acts of |
19 | | torture upon
the child; or
|
20 | | (e) inflicts excessive corporal punishment.
|
21 | | Q. "Neglected child" means any child whose parent or other |
22 | | person
responsible for the child's welfare withholds or denies |
23 | | nourishment or
medically indicated treatment including food or |
24 | | care denied solely on the
basis of the present or anticipated |
25 | | mental or physical impairment as determined
by a physician |
26 | | acting alone or in consultation with other physicians or
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1 | | otherwise does not provide the proper or necessary support, |
2 | | education
as required by law, or medical or other remedial care |
3 | | recognized under State
law as necessary for a child's |
4 | | well-being, or other care necessary for his
or her well-being, |
5 | | including adequate food, clothing and shelter; or who
is |
6 | | abandoned by his or her parents or other person responsible for |
7 | | the child's
welfare.
|
8 | | A child shall not be considered neglected or abused for the
|
9 | | sole reason that the child's parent or other person responsible |
10 | | for his
or her welfare depends upon spiritual means through |
11 | | prayer alone for the
treatment or cure of disease or remedial |
12 | | care as provided under Section 4
of the Abused and Neglected |
13 | | Child Reporting Act.
A child shall not be considered neglected |
14 | | or abused for the sole reason that
the child's parent or other |
15 | | person responsible for the child's welfare failed
to vaccinate, |
16 | | delayed vaccination, or refused vaccination for the child
due |
17 | | to a waiver on religious or medical grounds as permitted by |
18 | | law.
|
19 | | R. "Putative father" means a man who may be a child's |
20 | | father, but who (1) is
not married to the child's mother on or |
21 | | before the date that the child was or
is to be born and (2) has |
22 | | not established paternity of the child in a court
proceeding |
23 | | before the filing of a petition for the adoption of the child. |
24 | | The
term includes a male who is less than 18 years of age. |
25 | | "Putative father" does
not mean a man who is the child's father |
26 | | as a result of criminal sexual abuse
or assault as defined |
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1 | | under Article 11 of the Criminal Code of 2012.
|
2 | | S. "Standby adoption" means an adoption in which a parent
|
3 | | consents to custody and termination of parental rights to |
4 | | become
effective upon the occurrence of a future event, which |
5 | | is either the death of
the
parent or the request of the parent
|
6 | | for the entry of a final judgment of adoption.
|
7 | | T. (Blank).
|
8 | | T-5. "Biological parent", "birth parent", or "natural |
9 | | parent" of a child are interchangeable terms that mean a person |
10 | | who is biologically or genetically related to that child as a |
11 | | parent. |
12 | | U. "Interstate adoption" means the placement of a minor |
13 | | child with a prospective adoptive parent for the purpose of |
14 | | pursuing an adoption for that child that is subject to the |
15 | | provisions of the Interstate Compact on Placement of Children. |
16 | | V. (Blank). "Endorsement letter" means the letter issued by |
17 | | the Department of Children and Family Services to document that |
18 | | a prospective adoptive parent has met preadoption requirements |
19 | | and has been deemed suitable by the Department to adopt a child |
20 | | who is the subject of an intercountry adoption. |
21 | | W. (Blank). "Denial letter" means the letter issued by the |
22 | | Department of Children and Family Services to document that a |
23 | | prospective adoptive parent has not met preadoption |
24 | | requirements and has not been deemed suitable by the Department |
25 | | to adopt a child who is the subject of an intercountry |
26 | | adoption. |
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1 | | X. "Legal father" of a child means a man who is recognized |
2 | | as or presumed to be that child's father: |
3 | | (1) because of his marriage to or civil union with the |
4 | | child's parent at the time of the child's birth or within |
5 | | 300 days prior to that child's birth, unless he signed a |
6 | | denial of paternity pursuant to Section 12 of the Vital |
7 | | Records Act or a waiver pursuant to Section 10 of this Act; |
8 | | or |
9 | | (2) because his paternity of the child has been |
10 | | established pursuant to the Illinois Parentage Act, the |
11 | | Illinois Parentage Act of 1984, or the Gestational |
12 | | Surrogacy Act; or |
13 | | (3) because he is listed as the child's father or |
14 | | parent on the child's birth certificate, unless he is |
15 | | otherwise determined by an administrative or judicial |
16 | | proceeding not to be the parent of the child or unless he |
17 | | rescinds his acknowledgment of paternity pursuant to the |
18 | | Illinois Parentage Act of 1984; or |
19 | | (4) because his paternity or adoption of the child has |
20 | | been established by a court of competent jurisdiction. |
21 | | The definition in this subsection X shall not be construed |
22 | | to provide greater or lesser rights as to the number of parents |
23 | | who can be named on a final judgment order of adoption or |
24 | | Illinois birth certificate that otherwise exist under Illinois |
25 | | law. |
26 | | Y. "Legal mother" of a child means a woman who is |
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1 | | recognized as or presumed to be that child's mother: |
2 | | (1) because she gave birth to the child except as |
3 | | provided in the Gestational Surrogacy Act; or |
4 | | (2) because her maternity of the child has been |
5 | | established pursuant to the Illinois Parentage Act of 1984 |
6 | | or the Gestational Surrogacy Act; or |
7 | | (3) because her maternity or adoption of the child has |
8 | | been established by a court of competent jurisdiction; or |
9 | | (4) because of her marriage to or civil union with the |
10 | | child's other parent at the time of the child's birth or |
11 | | within 300 days prior to the time of birth; or |
12 | | (5) because she is listed as the child's mother or |
13 | | parent on the child's birth certificate unless she is |
14 | | otherwise determined by an administrative or judicial |
15 | | proceeding not to be the parent of the child. |
16 | | The definition in this subsection Y shall not be construed |
17 | | to provide greater or lesser rights as to the number of parents |
18 | | who can be named on a final judgment order of adoption or |
19 | | Illinois birth certificate that otherwise exist under Illinois |
20 | | law. |
21 | | Z. "Department" means the Illinois Department of Children |
22 | | and Family Services. |
23 | | AA. "Placement disruption" means a circumstance where the |
24 | | child is removed from an adoptive placement before the adoption |
25 | | is finalized. |
26 | | BB. "Secondary placement" means a placement, including but |
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1 | | not limited to the placement of a ward of the Department, that |
2 | | occurs after a placement disruption or an adoption dissolution. |
3 | | "Secondary placement" does not mean secondary placements |
4 | | arising due to the death of the adoptive parent of the child. |
5 | | CC. "Adoption dissolution" means a circumstance where the |
6 | | child is removed from an adoptive placement after the adoption |
7 | | is finalized. |
8 | | DD. "Unregulated placement" means the secondary placement |
9 | | of a child that occurs without the oversight of the courts, the |
10 | | Department, or a licensed child welfare agency. |
11 | | EE. "Post-placement and post-adoption support services" |
12 | | means support services for placed or adopted children and |
13 | | families that include, but are not limited to, counseling for |
14 | | emotional, behavioral, or developmental needs. |
15 | | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; |
16 | | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. |
17 | | 1-1-14; 98-804, eff. 1-1-15 .)
|
18 | | (750 ILCS 50/2) (from Ch. 40, par. 1502)
|
19 | | Sec. 2. Who may
adopt a child.
|
20 | | A. Any of the following persons, who is under no legal |
21 | | disability
(except the minority specified in sub-paragraph |
22 | | (b)) and who has resided in
the State of Illinois continuously |
23 | | for a period of at least 6 months
immediately preceding the |
24 | | commencement of an adoption proceeding, or any
member of the |
25 | | armed forces of the United States who has been domiciled in
the |
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1 | | State of Illinois for 90 days, may
institute such proceeding:
|
2 | | (a) A reputable person of legal age and of either sex, |
3 | | provided that if
such person is married or in a civil union |
4 | | and has not been living separate and apart from his or
her |
5 | | spouse or civil union partner for 12 months or longer, his |
6 | | or her spouse or civil union partner shall be a party to |
7 | | the
adoption
proceeding, including a spouse or civil union |
8 | | partner husband or wife desiring to adopt a child of the
|
9 | | other spouse or civil union partner , in all of which cases |
10 | | the adoption shall be by both spouses or civil union |
11 | | partners
jointly;
|
12 | | (b) A minor, by leave of court upon good cause shown.
|
13 | | Notwithstanding sub-paragraph (a) of this subsection, a |
14 | | spouse or civil union partner is not required to join in a |
15 | | petition for adoption to re-adopt a child after an intercountry |
16 | | adoption if the spouse or civil union partner did not |
17 | | previously adopt the child as set forth in subsections (c) and |
18 | | (e) of Section 4.1 of this Act. |
19 | | B. The residence requirement specified in paragraph A of |
20 | | this Section
shall not apply to: |
21 | | (a) an adoption of a related child or child previously |
22 | | adopted in a foreign country by the petitioner ; or |
23 | | (b) an adoption of a child placed by an agency.
|
24 | | (Source: P.A. 98-804, eff. 1-1-15 .)
|
25 | | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
|
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1 | | Sec. 4.1. Adoption between multiple jurisdictions. |
2 | | (a) The Department of Children and Family Services shall |
3 | | promulgate rules regarding the approval and regulation of |
4 | | agencies providing, in this State, adoption services, as |
5 | | defined in Section 2.24 of the Child Care Act of 1969, which |
6 | | shall include, but not be limited to, a requirement that any |
7 | | agency shall be licensed in this State as a child welfare |
8 | | agency as defined in Section 2.08 of the Child Care Act of |
9 | | 1969. Any out-of-state agency, if not licensed in this State as |
10 | | a child welfare agency, must obtain the approval of the |
11 | | Department in order to act as a sending agency, as defined in |
12 | | Section 1 of the Interstate Compact on Placement of Children |
13 | | Act, seeking to place a child into this State through a |
14 | | placement subject to the Interstate Compact on the Placement of |
15 | | Children. An out-of-state agency, if not licensed in this State |
16 | | as a child welfare agency, is prohibited from providing in this |
17 | | State adoption services, as defined by Section 2.24 of the |
18 | | Child Care Act of 1969; shall comply with Section 12C-70 of the |
19 | | Criminal Code of 2012; and shall provide all of the following |
20 | | to the Department: |
21 | | (1) A copy of the agency's current license or other |
22 | | form of authorization from the approving authority in the |
23 | | agency's state. If no license or authorization is issued, |
24 | | the agency must provide a reference statement, from the |
25 | | approving authority, stating that the agency is authorized |
26 | | to place children in foster care or adoption or both in its |
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1 | | jurisdiction. |
2 | | (2) A description of the program, including home |
3 | | studies, placements, and supervisions, that the child |
4 | | placing agency conducts within its geographical area, and, |
5 | | if applicable, adoptive placements and the finalization of |
6 | | adoptions. The child placing agency must accept continued |
7 | | responsibility for placement planning and replacement if |
8 | | the placement fails. |
9 | | (3) Notification to the Department of any significant |
10 | | child placing agency changes after approval. |
11 | | (4) Any other information the Department may require. |
12 | | The rules shall also provide that any agency that places |
13 | | children for
adoption in this State may not, in any policy or |
14 | | practice relating to the
placement of children for adoption, |
15 | | discriminate against any child or
prospective adoptive parent |
16 | | on the basis of race.
|
17 | | (a-5) (Blank). |
18 | | (b) Interstate Adoptions. |
19 | | (1) All interstate adoption placements under this Act |
20 | | shall comply with the Child Care Act of 1969 and the |
21 | | Interstate Compact on
the Placement of Children. The |
22 | | placement of children with relatives by the Department of |
23 | | Children and Family Services shall also comply with |
24 | | subsection (b) of Section 7 of the Children and Family |
25 | | Services Act. |
26 | | (2) If an adoption is finalized prior to bringing or |
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1 | | sending a child to this State, compliance with the |
2 | | Interstate Compact on the Placement of Children is not |
3 | | required.
|
4 | | (c) Intercountry Adoptions. (1) The adoption of a child, if |
5 | | the child is a habitual resident of a country other than the |
6 | | United States and the petitioner is a habitual resident of the |
7 | | United States, or, if the child is a habitual resident of the |
8 | | United States and the petitioner is a habitual resident of a |
9 | | country other than the United States, shall comply with the |
10 | | Intercountry Adoption Act of 2000, as amended, and the |
11 | | Immigration and Nationality Act, as amended. In the case of an |
12 | | intercountry adoption that requires oversight by the adoption |
13 | | services governed by the Intercountry Adoption Universal |
14 | | Accreditation Act of 2012, this State shall not impose any |
15 | | additional preadoption requirements. |
16 | | (2) The Department of Children and Family Services |
17 | | shall maintain the office of Intercountry Adoption |
18 | | Coordinator in order to maintain and protect the rights of |
19 | | prospective adoptive parents and children participating in |
20 | | an intercountry adoption and shall develop ongoing |
21 | | programs of support and services to such prospective |
22 | | adoptive parents and children. |
23 | | (3) In the case of an intercountry adoption of a child |
24 | | by an Illinois resident, the Department shall promulgate |
25 | | rules concerning preadoption requirements, which shall |
26 | | include, but not be limited to, requirements relating to |
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1 | | home studies conducted by licensed child welfare agencies |
2 | | and requirements relating to supporting documentation |
3 | | concerning the prospective adoptive parent's suitability |
4 | | to adopt a child. |
5 | | (4) The Intercountry Adoption Coordinator shall |
6 | | determine whether all preadoption requirements have been |
7 | | met by a prospective adoptive parent. The Intercountry |
8 | | Adoption Coordinator shall also determine whether the |
9 | | prospective adoptive parent is suitable as the adoptive |
10 | | parent. In determining suitability to adopt, the |
11 | | Intercountry Adoption coordinator shall give considerable |
12 | | weight to the home study, but is not bound by it. Even if |
13 | | the home study is favorable, the Intercountry Adoption |
14 | | Coordinator must issue a denial letter if, on the basis of |
15 | | all the information provided, the Intercountry Adoption |
16 | | Coordinator finds, for a specific and articulable reason, |
17 | | that the prospective adoptive parent has failed to |
18 | | establish that he or she is suitable as the adoptive |
19 | | parent. |
20 | | (5) The Intercountry Adoption Coordinator shall issue |
21 | | an endorsement letter, indicating that all preadoption |
22 | | requirements have been met, or a denial letter, indicating |
23 | | the specific preadoption requirements that have not been |
24 | | met, no later than 21 days from receipt of the home study |
25 | | from the child welfare agency. If, upon receipt of the home |
26 | | study, the Intercountry Adoption Coordinator determines |
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1 | | that more information is required before any determination |
2 | | can be made with respect to compliance with the preadoption |
3 | | requirements, the Intercountry Adoption Coordinator shall, |
4 | | within 7 days of receipt of the home study, provide notice |
5 | | describing the additional information, via facsimile or |
6 | | through electronic communication, to the licensed child |
7 | | welfare agency and the adoptive parent. Within 21 days of |
8 | | receipt of the additional information, the Intercountry |
9 | | Adoption Coordinator shall provide the child welfare |
10 | | agency with an endorsement letter or a denial letter. The |
11 | | Intercountry Adoption Coordinator shall mail a copy of the |
12 | | endorsement letter or denial letter to the prospective |
13 | | adoptive parent at the same time that the Intercountry |
14 | | Adoption Coordinator provides the letter to the child |
15 | | welfare agency. |
16 | | (6) If the Intercountry Adoption Coordinator issues a |
17 | | denial letter, a prospective adoptive parent shall have the |
18 | | right to a review. The Intercountry Adoption Coordinator |
19 | | shall include in its denial letter notification advising |
20 | | the prospective adoptive parent of the right to seek a |
21 | | review, by the Director of the Department, of the |
22 | | determination, if requested in writing within 30 days of |
23 | | receipt of the denial letter. Failure to submit such a |
24 | | request within 30 days waives the prospective parent's |
25 | | right to a review. |
26 | | (i) The review by the Director shall include, but |
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1 | | is not limited to, a review of documentation submitted |
2 | | by the prospective adoptive parent and, if requested by |
3 | | the prospective adoptive parent, a telephone |
4 | | conference or a mutually convenient in-person meeting |
5 | | with the Director, or the Director's designated |
6 | | representative, to allow the prospective adoptive |
7 | | parent to present the facts and circumstances |
8 | | supporting the request for the endorsement letter. |
9 | | (ii) The Director shall issue a decision within 30 |
10 | | days of receipt of the request for review. |
11 | | (iii) If the Director concurs with the original |
12 | | denial letter of the Intercountry Adoption |
13 | | Coordinator, the Director's decision shall be |
14 | | considered a final decision and the prospective |
15 | | adoptive parent shall have all rights and remedies to |
16 | | which he or she is entitled under applicable law, |
17 | | including a mandamus action under Article XIV of the |
18 | | Code of Civil Procedure and an action under the federal |
19 | | Civil Rights Act, 42 U.S.C. 1983. |
20 | | (7) In the case of an intercountry adoption finalized |
21 | | in another country, where a complete and valid Order of |
22 | | Adoption is issued from that country to an Illinois |
23 | | resident, as determined by the United States Department of |
24 | | State, this State shall not impose any additional |
25 | | preadoption requirements. |
26 | | (8) The Department of Children and Family Services |
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1 | | shall provide a report to the General Assembly, on an |
2 | | annual basis for the preceding year, beginning on September |
3 | | 1 of each year after the effective date of this amendatory |
4 | | Act of the 98th General Assembly. The report shall provide |
5 | | non-identifying statistical data on the endorsement and |
6 | | denial letters and the requests for review of denial |
7 | | letters and shall contain, but not limited to, the |
8 | | following: |
9 | | (i) the number of endorsement letters issued by the |
10 | | Intercountry Adoption Coordinator; |
11 | | (ii) the number of denial letters issued by the |
12 | | Intercountry Adoption Coordinator; |
13 | | (iii) the number of requests for review of denial |
14 | | letters; |
15 | | (iv) the number of denial letter reviews which |
16 | | resulted in a reversal by the Director and an |
17 | | endorsement letter being issued; and |
18 | | (v) the basis of each denial letter and the basis |
19 | | of each reversal of the denial letter in a particular |
20 | | case.
|
21 | | (d) (Blank).
|
22 | | (e) Re-adoption after an intercountry adoption. |
23 | | (1) Any time after a minor child has been adopted in a |
24 | | foreign country and has immigrated to the United States, |
25 | | the adoptive parent or parents of the child may petition |
26 | | the court for a judgment of adoption to re-adopt the child |
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1 | | and confirm the foreign adoption decree. |
2 | | (2) The petitioner must submit to the court one or more |
3 | | of the following to verify the foreign adoption: |
4 | | (i) an immigrant visa for the child issued by |
5 | | United States Citizenship and Immigration Services of |
6 | | the U.S. Department of Homeland Security that was valid |
7 | | at the time of the child's immigration; |
8 | | (ii) a decree, judgment, certificate of adoption, |
9 | | adoption registration, or equivalent court order, |
10 | | entered or issued by a court of competent jurisdiction |
11 | | or administrative body outside the United States, |
12 | | establishing the relationship of parent and child by |
13 | | adoption; or |
14 | | (iii) such other evidence deemed satisfactory by |
15 | | the court. |
16 | | (3) The child's immigrant visa shall be prima facie |
17 | | proof that the adoption was established in accordance with |
18 | | the laws of the foreign jurisdiction and met United States |
19 | | requirements for immigration. |
20 | | (4) If the petitioner submits documentation that |
21 | | satisfies the requirements of paragraph (2), the court |
22 | | shall not appoint a guardian ad litem for the minor who is |
23 | | the subject of the proceeding, shall not require any |
24 | | further termination of parental rights of the child's |
25 | | biological parents, nor shall it require any home study, |
26 | | investigation, post-placement visit, or background check |
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1 | | of the petitioner. |
2 | | (5) The petition may include a request for change of |
3 | | the child's name and any other request for specific relief |
4 | | that is in the best interests of the child. The relief may |
5 | | include a request for a revised birth date for the child if |
6 | | supported by evidence from a medical or dental professional |
7 | | attesting to the appropriate age of the child or other |
8 | | collateral evidence. |
9 | | (6) Two adoptive parents who adopted a minor child |
10 | | together in a foreign country while married to one another |
11 | | may file a petition for adoption to re-adopt the child |
12 | | jointly, regardless of whether their marriage has been |
13 | | dissolved. If either parent whose marriage was dissolved |
14 | | has subsequently remarried or entered into a civil union |
15 | | with another person, the new spouse or civil union partner |
16 | | shall not join in the petition to re-adopt the child, |
17 | | unless the new spouse or civil union partner is seeking to |
18 | | adopt the child. If either adoptive parent does not join in |
19 | | the petition, he or she must be joined as a party |
20 | | defendant. The defendant parent's failure to participate |
21 | | in the re-adoption proceeding shall not affect the existing |
22 | | parental rights or obligations of the parent as they relate |
23 | | to the minor child, and the parent's name shall be placed |
24 | | on any subsequent birth record issued for the child as a |
25 | | result of the re-adoption proceeding. |
26 | | (7) An adoptive parent who adopted a minor child in a |
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1 | | foreign country as an unmarried person may file a petition |
2 | | for adoption to re-adopt the child as a sole petitioner, |
3 | | even if the adoptive parent has subsequently married or |
4 | | entered into a civil union. |
5 | | (8) If one of the adoptive parents who adopted a minor |
6 | | child dies prior to a re-adoption proceeding, the deceased |
7 | | parent's name shall be placed on any subsequent birth |
8 | | record issued for the child as a result of the re-adoption |
9 | | proceeding. |
10 | | (Source: P.A. 98-455, eff. 1-1-14.)
|
11 | | (750 ILCS 50/5) (from Ch. 40, par. 1507)
|
12 | | Sec. 5. Petition, contents, verification, filing.
|
13 | | A. A proceeding to adopt a child, other than a related |
14 | | child, shall be
commenced by the filing of a petition within 30 |
15 | | days after such child has
become available for adoption, |
16 | | provided that such petition may be filed at
a later date by |
17 | | leave of court upon a showing that the failure to file such
|
18 | | petition within such 30 day period was not due to the |
19 | | petitioners' culpable
negligence or their wilful disregard of |
20 | | the provisions of this Section.
In the case of a child born |
21 | | outside the United States or a territory
thereof, if the |
22 | | prospective adoptive parents of such child have been
appointed |
23 | | guardians of such child by a court of competent jurisdiction in |
24 | | a
country other than the United States or a territory thereof, |
25 | | such parents
shall file a petition as provided in this Section |
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1 | | within 30 days after
entry of the child into the United States. |
2 | | A petition to adopt an adult or a
related child may be filed at |
3 | | any time. A petition for adoption may include
more than one |
4 | | person sought to be adopted.
|
5 | | B. A petition to adopt a child other than a related child |
6 | | shall state:
|
7 | | (a) The full names of the petitioners and, if minors, |
8 | | their respective
ages;
|
9 | | (b) The place of residence of the petitioners and the |
10 | | length of
residence of each in the State of Illinois |
11 | | immediately preceding the filing
of the petition;
|
12 | | (c) When the petitioners acquired, or intend to |
13 | | acquire, custody of the
child, and the name and address of |
14 | | the persons or agency from whom the
child was or will be |
15 | | received;
|
16 | | (d) The name, the place and date of birth if known, and |
17 | | the sex of the
child sought to be adopted;
|
18 | | (e) The relationship, if any, of the child to each |
19 | | petitioner;
|
20 | | (f) The names, if known, and the place of residence, if |
21 | | known, of the
parents; and whether such parents are minors, |
22 | | or otherwise under any legal
disability. The names and |
23 | | addresses of the parents shall be omitted and
they shall |
24 | | not be made parties defendant to the petition if (1) the |
25 | | rights
of the parents have been terminated by a court of |
26 | | competent jurisdiction,
or (2) the child has been |
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1 | | surrendered to an agency, or (3) the parent
or parents have |
2 | | been served with the notice provided in Section 12a of this
|
3 | | Act and said parent or parents have filed a disclaimer of |
4 | | paternity as
therein provided or have failed to file such |
5 | | declaration of paternity or a
request for notice as |
6 | | provided in said Section, or (4) the parent is a putative |
7 | | father or legal father of the child who has waived his |
8 | | parental rights by signing a waiver as provided in |
9 | | subsection S of Section 10;
|
10 | | (g) If it is alleged that the child has no living |
11 | | parent, then the name
of the guardian, if any, of such |
12 | | child and the court which appointed such
guardian;
|
13 | | (h) If it is alleged that the child has no living |
14 | | parent and that no
guardian of such child is known to |
15 | | petitioners, then the name of a near
relative, if known, |
16 | | shall be set forth, or an allegation that no near
relative |
17 | | is known and on due inquiry cannot be ascertained by |
18 | | petitioners;
|
19 | | (i) The name to be given the child or adult;
|
20 | | (j) That the person or agency, having authority to |
21 | | consent under Section
8 of this Act, has consented, or has |
22 | | indicated willingness to consent, to
the adoption of the |
23 | | child by the petitioners, or that the person having
|
24 | | authority to consent is an unfit person and the ground |
25 | | therefor, or that no
consent is required under paragraph |
26 | | (f) of Section 8 of this Act;
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1 | | (k) Whatever orders, judgments or decrees have |
2 | | heretofore been entered
by any court affecting (1) adoption |
3 | | or custody of the child, or (2) the
adoptive, custodial or |
4 | | parental rights of either petitioner, including the
prior |
5 | | denial of any petition for adoption pertaining to such |
6 | | child, or to
the petitioners, or either of them.
|
7 | | C. A petition to adopt a related child shall include the |
8 | | information
specified in sub-paragraphs (a), (b), (d), (e), |
9 | | (f), (i) and (k) of
paragraph B and a petition to adopt an |
10 | | adult shall contain the information
required by sub-paragraphs |
11 | | (a), (b) and (i) of paragraph B in addition to
the name, place, |
12 | | date of birth and sex of such adult.
|
13 | | D. The petition shall be verified by the petitioners.
|
14 | | E. Upon the filing of the petition the petitioners shall |
15 | | furnish the
Clerk of the Court in which the petition is pending |
16 | | such information not
contained in such petition as shall be |
17 | | necessary to enable the Clerk of
such Court to complete a |
18 | | certificate of adoption as hereinafter provided.
|
19 | | F. A petition for standby adoption shall conform to the |
20 | | requirements of
this Act with respect to petition contents, |
21 | | verification, and filing. The
petition for standby adoption |
22 | | shall also state the facts concerning the consent
of the |
23 | | child's parent to the standby adoption. A petition for
standby |
24 | | adoption shall include the information in paragraph B if the |
25 | | petitioner
seeks to adopt a child other than a related child. A |
26 | | petition
for standby adoption shall include the information in |
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1 | | paragraph C if the
petitioner seeks to adopt a related child or |
2 | | adult.
|
3 | | G. A petition for adoption to re-adopt a child after an |
4 | | intercountry adoption shall include the information specified |
5 | | in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of |
6 | | paragraph B. |
7 | | (Source: P.A. 97-493, eff. 8-22-11.)
|
8 | | (750 ILCS 50/13) (from Ch. 40, par. 1516)
|
9 | | Sec. 13. Interim order. As soon as practicable after the |
10 | | filing of a
petition for adoption the court shall hold a |
11 | | hearing for the following
purposes:
|
12 | | A. In other than an adoption of a related child or an |
13 | | adoption through
an agency, or of an adult:
|
14 | | (a) To determine the validity of the consent, provided |
15 | | that the
execution of a consent pursuant to this Act shall |
16 | | be prima facie evidence
of its validity, and provided that |
17 | | the validity of a consent shall not be
affected by the |
18 | | omission therefrom of the names of the petitioners or
|
19 | | adopting parents at the time the consent is executed or |
20 | | acknowledged, and
further provided that the execution of a |
21 | | consent prior to the filing of a
petition for adoption |
22 | | shall not affect its validity.
|
23 | | (b) To determine whether there is available suitable |
24 | | temporary custodial
care for a child sought to be adopted.
|
25 | | B. In all cases except standby adoptions and re-adoptions :
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1 | | (a) The court shall appoint some licensed attorney |
2 | | other than the State's
attorney acting in his or her |
3 | | official capacity as guardian ad
litem to represent a child |
4 | | sought to be adopted. Such guardian ad litem
shall have |
5 | | power to consent to the adoption of the child, if such |
6 | | consent
is required.
|
7 | | (b) The court shall appoint a guardian ad litem for all |
8 | | named minors or
defendants who are persons under legal |
9 | | disability, if any.
|
10 | | (c) If the petition alleges a person to be unfit |
11 | | pursuant to the
provisions of subparagraph (p) of paragraph |
12 | | D of Section 1 of this Act,
such person shall be |
13 | | represented by counsel. If such person is indigent
or an |
14 | | appearance has not been entered on his behalf at the time |
15 | | the matter
is set for hearing, the court shall appoint as |
16 | | counsel for him either the
Guardianship and Advocacy |
17 | | Commission, the public defender, or, only if no
attorney |
18 | | from the Guardianship and Advocacy Commission or the public |
19 | | defender
is available, an attorney licensed to practice law |
20 | | in this State.
|
21 | | (d) If it is proved to the satisfaction of the court, |
22 | | after such
investigation as the court deems necessary, that |
23 | | termination of parental
rights and temporary commitment of |
24 | | the child to an agency or to a person
deemed competent by |
25 | | the court, including petitioners, will be for the
welfare |
26 | | of the child, the court may order the child to be so |
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1 | | committed and
may terminate the parental rights of the |
2 | | parents and declare the child a
ward of the court or, if it |
3 | | is not so proved, the court may enter such
other order as |
4 | | it shall deem necessary and advisable.
|
5 | | (e) Before an interim custody order is granted under |
6 | | this
Section,
service of
summons shall be had upon the |
7 | | parent or parents whose rights have not been
terminated, |
8 | | except as provided in subsection (f). Reasonable notice and
|
9 | | opportunity to be heard shall be given to
the
parent or |
10 | | parents after service of summons when the address of the |
11 | | parent or
parents is available. The party seeking an |
12 | | interim custody order shall make
all reasonable efforts to |
13 | | locate the parent or parents of the child or children
they |
14 | | are seeking to adopt and to notify the parent or parents of |
15 | | the party's
request for an interim custody order pursuant |
16 | | to this Section.
|
17 | | (f) An interim custody order may be granted without |
18 | | notice upon
presentation to the court of a written |
19 | | petition, accompanied by an affidavit,
stating that
there |
20 | | is an immediate danger to the child and that irreparable |
21 | | harm will result
to the child if notice is given to the |
22 | | parent or parents or legal guardian.
Upon making a finding |
23 | | that there is an immediate danger to the child if
service |
24 | | of process is had upon and notice of hearing is given to |
25 | | the parent or
parents or
legal guardian prior to the entry |
26 | | of an order granting temporary custody to
someone other |
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1 | | than a parent or legal guardian, the court may enter an |
2 | | order of
temporary custody which shall expire not more than |
3 | | 10 days after its entry.
Every ex parte custody order |
4 | | granted without notice shall state the injury
which the |
5 | | court sought to avoid by granting the order, the |
6 | | irreparable injury
that would have occurred had notice been |
7 | | given, and the reason the order was
granted without notice.
|
8 | | The matter shall be set down for full hearing before the |
9 | | expiration of the ex
parte order and will be heard after |
10 | | service of summons is had upon and notice
of hearing is |
11 | | given to the parent or parents or legal guardian.
At the |
12 | | hearing the burden of proof shall be upon the party seeking |
13 | | to extend
the interim custody order to show that the order |
14 | | was properly granted without
notice and that custody should |
15 | | remain with the party seeking to adopt during
the pendency |
16 | | of the adoption proceeding. If the interim custody order is
|
17 | | extended, the reasons for granting the extension shall be |
18 | | stated in the
order.
|
19 | | C. In the case of a child born outside the United States or |
20 | | a
territory thereof, if the petitioners have previously been |
21 | | appointed
guardians of such child by a court of competent |
22 | | jurisdiction in a country
other than the United States or a |
23 | | territory thereof, the court may order
that the petitioners |
24 | | continue as guardians of such child.
|
25 | | D. In standby adoption cases:
|
26 | | (a) The court shall appoint a licensed attorney other |
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1 | | than the State's
Attorney
acting in his or her official |
2 | | capacity as guardian ad litem to represent a
child sought |
3 | | to be
adopted. The guardian ad litem shall have power to |
4 | | consent to the adoption of
the child,
if consent is |
5 | | required.
|
6 | | (b) The court shall appoint a guardian ad litem for all |
7 | | named minors or
defendants
who are persons under legal |
8 | | disability, if any.
|
9 | | (c) The court lacks jurisdiction to proceed on the |
10 | | petition for standby
adoption if the child has a living |
11 | | parent, adoptive parent, or adjudicated
parent whose |
12 | | rights have not been terminated and whose whereabouts are |
13 | | known,
unless the parent consents to the standby adoption |
14 | | or, after
receiving notice of the hearing on the standby |
15 | | adoption petition, fails to
object to the appointment of a |
16 | | standby adoptive parent at the
hearing on the petition.
|
17 | | (d) The court shall investigate as needed for the |
18 | | welfare of the child and
shall
determine whether the |
19 | | petitioner or petitioners shall be permitted to adopt.
|
20 | | (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, |
21 | | eff.
1-1-00.)
|
22 | | (750 ILCS 50/18.9 new) |
23 | | Sec. 18.9. Post-placement and post-adoption support |
24 | | services. |
25 | | (a) It is the public policy of this State to find |
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1 | | permanency for children through adoption and to prevent |
2 | | placement disruption, adoption dissolution, and secondary |
3 | | placement. Access to post-placement and post-adoption support |
4 | | services to provide support and resources for wards of the |
5 | | State, foster families, and adoptive families is essential to |
6 | | promote permanency. Public awareness of post-placement and |
7 | | post-adoption services and the ability of families to utilize |
8 | | effective services are essential to permanency. |
9 | | (b) The Department shall establish and maintain |
10 | | post-placement and post-adoption support services. |
11 | | (c) The Department shall post information about the |
12 | | Department's post-placement and post-adoption support services |
13 | | on the Department's website and shall provide the information |
14 | | to every licensed child welfare agency, every out of State |
15 | | placement agency or entity approved under Section 4.1 of this |
16 | | Act, and any entity providing adoption support services in the |
17 | | Illinois courts. The Department's post-placement and |
18 | | post-adoption support services shall be referenced in |
19 | | information regarding adoptive parents' rights and |
20 | | responsibilities that the Department publishes and provides to |
21 | | adoptive parents under this Act. The Department shall establish |
22 | | and maintain a toll-free number to advise the public about its |
23 | | post-placement and post-adoption support services and post the |
24 | | number on its website. |
25 | | (d) Every licensed child welfare agency, every entity |
26 | | approved under Section 4.1 of this Act, and any entity |
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1 | | providing adoption support services in the Illinois courts |
2 | | shall provide the Department's website address and link to the |
3 | | Department's post-placement and post-adoption services |
4 | | information set forth in subsection (c) of this Section, |
5 | | including the Department's toll-free number, to every adoptive |
6 | | parent with whom they work in Illinois. This information shall |
7 | | be provided prior to placement. |
8 | | (e) Beginning one year after the effective date of this |
9 | | amendatory Act of the 99th General Assembly, the Department |
10 | | shall report annually to the General Assembly on January 15 the |
11 | | following information for the preceding year: |
12 | | (1) a description of all post-placement and |
13 | | post-adoption support services the Department provides; |
14 | | (2) without identifying the names of the recipients of |
15 | | the services, the number of foster parents, prospective |
16 | | adoptive parents, and adoptive families in Illinois who |
17 | | have received the Department's post-placement and |
18 | | post-adoption support services and the type of services |
19 | | provided; |
20 | | (3) the number of families who have contacted the |
21 | | Department about its post-placement and post-adoption |
22 | | services due to a potential placement disruption, adoption |
23 | | dissolution, secondary placement, or unregulated |
24 | | placement, but for whom the Department declined to provide |
25 | | post-placement and post-adoption support services and the |
26 | | reasons that services were denied; and |
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1 | | (4) the number of placement disruptions, adoption |
2 | | dissolutions, unregulated placements, and secondary |
3 | | placements, and for each one: |
4 | | (A) the type of placement or adoption, including |
5 | | whether the child who was the subject of the placement |
6 | | was a ward of the Department, and if the child was not |
7 | | a ward, whether the adoption was a private, agency, |
8 | | agency-assisted, interstate, or intercountry adoption; |
9 | | (B) if the placement or adoption was intercountry, |
10 | | the country of birth of the child; |
11 | | (C) whether the child who was the subject of the |
12 | | placement disruption, adoption dissolution, |
13 | | unregulated placement, or secondary placement entered |
14 | | State custody; |
15 | | (D) the length of the placement prior to the |
16 | | placement disruption, adoption dissolution, |
17 | | unregulated placement, or secondary placement; |
18 | | (E) the age of the child at the time of the |
19 | | placement disruption, adoption dissolution, |
20 | | unregulated placement, or secondary placement; |
21 | | (F) the reason, if known, for the placement |
22 | | disruption, adoption dissolution, unregulated |
23 | | placement, or secondary placement; and |
24 | | (G) if a licensed child welfare agency or any |
25 | | approved out of State placing entity participated in |
26 | | the initial placement, and, if applicable, the name of |