Illinois General Assembly - Bill Status for HB3628

Amends the Child Care Act of 1969. Defines "adoption services" and "unlicensed pre-adoptive and adoptive home". Provides that any agency, person, group of persons, association, organization, corporation, institution, center, or group engaging in adoption services for compensation must be licensed by the Department of Children and Family Services as a child welfare agency. Provides that the Department shall not issue or renew the license of any child welfare agency providing adoption services, unless that agency (i) is officially recognized by the United States Internal Revenue Service as a tax-exempt organization and (ii) is in compliance with all of the standards necessary to maintain its status as a tax-exempt organization. Adds provisions concerning disclosures, a parent training program, an annual report, documents concerning waivers, preferential treatment, and other requirements. Requires the Department to establish a complaint registry and a toll-free telephone number and to post registry information on its website to assist in the monitoring of child welfare agencies providing adoption services. Further requires the Department to adopt rules concerning the complaint policies and procedures of child welfare agencies that provide adoption services. Makes changes concerning child care facility and child welfare agency advertising. Amends the Adoption Compensation Prohibition Act. Provides that the fees, wages, salaries, or other compensation of any description paid to those persons or entities acting on behalf of a child welfare agency providing adoption services shall not be unreasonably high in relation to the services actually rendered. Provides that the Department of Children and Family Services may adopt rules setting forth the criteria to determine what constitutes unreasonably high fees and compensation. Amends the Adoption Act to refer to the provision of adoption services. Makes other changes.

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Makes changes to the definitions of "child welfare agency", "adoption services", and "unlicensed pre-adoptive and adoptive home". Provides that any person or specified entity providing adoption services must be licensed by the Department of Children and Family services as a child welfare agency (now, any person or specified entity providing adoption services for any type of compensation or thing of value, directly or indirectly, must by licensed by the Department as a child welfare agency). Provides that the Department shall grant a grace period of 24 months (rather than 18 months) from the effective date of the amendatory Act for existing child welfare agencies providing adoption services to obtain the required 501(c)(3) status and sets forth provisions allowing an existing agency to retain or to transfer its current license upon conversion of its current structure to be recognized as a 501(c)(3) organization. Provides that every licensed child welfare agency providing adoption services shall meet minimum standards set forth by the Department prior to taking or acknowledging a consent from a prospective birth parent. Provides that the adoptive parent training may be provided by an agent or independent contractor of the child welfare agency or by a Department-approved training individual or entity. Removes the provision concerning professional requirements for child welfare agencies providing adoption services. Provides that nothing in the Section concerning the prohibition of certain waivers shall require an agency to assume risks that are not within the reasonable control of the agency. Provides that complaint procedures must be filed with the Department within 6 months of the effective date of the amendatory Act. Provides that any agency that maintains a website shall post its complaint procedures and its license number, as well as the statewide toll-free complaint registry telephone number on its website. Sets forth provisions concerning the advertising of out-of-state agencies that have a written interagency agreement with one or more Illinois licensed child welfare agencies. Adds provisions concerning reasonable fees, wages, salaries, or other compensation and payments to biological parents. Makes other changes. Effective immediately.

Deletes everything after the enacting clause. Reinserts the contents of House Amendment No. 1 with the following changes. Changes references from "birth parent"to "biological parent". Makes other changes. Provides that the Department of Children and Family Services shall have the sole discretion to grant a one year extension to any agency unable to obtain the required 501(c)(3) status within the timeframe specified in the Act, provided that such agency has filed an application for 501(c)(3) status with the Internal Revenue Service within the required 2-year timeframe. Excludes proceedings filed pursuant to a Section of the Adoption Act concerning notice to the putative father from the proceeding required to be included in the annual report of a licensed child welfare agency providing adoption services. Provides that the advertising provisions shall apply to advertisements that are published and actions that take place after the effective date of this amendatory Act. Removes changes to the Section concerning forms of consent and surrender and execution and acknowledgement of forms and consent. Makes other changes. Effective immediately.

Removes the provision concerning rules regarding required surrender or consent in the placement of a newborn.

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Further amends the Child Care Act of 1969, the Adoption Compensation Prohibition Act, and the Adoption Act. Defines "eligible agency" and "deemed compliant". Provides that eligible agencies may be deemed compliant with certain provisions concerning disclosures, an adoptive parent training program, preferential treatment in child placement, excessive adoption services fees, and agency payment of salaries and other compensation. Provides that the required annual reports of every licensed child welfare agency providing adoption services for the preceding 2 years shall be made available, upon request, to the public by the Department of Children and Family Services and every licensed agency and shall be included on the website of the Department. Adds a provision prohibiting excessive fees in adoption services. Provides that if the Department has reasonable cause to believe that any person, group of persons, corporation, agency, association, organization, institution, center, or group is engaged or is about to engage in any act or practice that constitutes or may constitute a violation of any rule adopted under the authority of the Act, the Department may inform the Attorney General or the State's Attorney of the appropriate county, who may initiate the appropriate civil or criminal proceedings. Provides that a person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement offering, soliciting, or promising to perform adoption services is guilty of a Class A misdemeanor, unless that person, group of persons, agency, association, organization, corporation, institution, center, or group is (i) licensed or operating under a permit issued by the Department as a child care facility or child welfare agency, (ii) a biological parent or a prospective adoptive parent acting on his or her own behalf, or (iii) a licensed attorney advertising his or her availability to provide legal services relating to adoption, as permitted by law (rather than just licensed or operating under a permit issued by the Department as a child care facility or child welfare agency). Provides that an advertiser, publisher, or broadcaster who knowingly or recklessly advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services on behalf of a person, group of persons, agency, association, organization, corporation, institution, center, or group not authorized to advertise under the Act is guilty of a Class A misdemeanor, and that the Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for biological parents and adoptive parents. Provides that an agency providing adoption services in the State that is licensed as a child placement agency in a state that is a party to the Interstate Compact on the Placement of Children or is licensed in a non-compact state and files the required surety bond with the Department must be approved by the Department as an out-of-state private placing agency to place children in Illinois. Sets forth requirements for out-of-state private placing agencies. Makes other changes. Effective immediately.

In the Section concerning tax exempt agencies, provides that a licensed child welfare agency shall not be prohibited from using the services of any person, group of persons, agency, association, organization, corporation, institution, center, or group as an independent contractor to perform services on behalf of that licensed agency, provided that the agency has a written agreement with the independent contractor specifying the terms of remuneration, the services to be performed, the personnel performing those services, and the qualifications of the personnel, in addition to any other information or requirements the Department of Children and Family Services may specify by rule. Grants the Department the authority to disapprove the use of any contractor if the Department is not satisfied with the agency's agreement with the contractor, the personnel of the contractor who are performing the services, or the qualifications of the personnel or if the contractor violates any provision of the Child Care Act of 1969 or the Adoption Act.

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