Full Text of HB5699 96th General Assembly
HB5699 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5699
Introduced 2/9/2010, by Rep. Shane Cultra SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/2.08 |
from Ch. 23, par. 2212.08 |
750 ILCS 50/4.1 |
from Ch. 40, par. 1506 |
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Amends the Child Care Act of 1969. Includes religious institutions in the definition of "child welfare agency". Amends the Adoption Act. Provides that a church, synagogue, temple, mosque, or other religious institution that is an agency providing adoption services as defined in the Child Care Act of 1969 and that is licensed as a child welfare agency as defined in the Child Care Act of 1969 may adopt faith-based policies and practices relating to the placement of children for adoption that provide for the placement of a child with a prospective adoptive parent who holds the same religious beliefs as those held by that religious institution while maintaining the welfare of the child as the primary consideration in the placement.
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A BILL FOR
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HB5699 |
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LRB096 17702 AJO 33066 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Child Care Act of 1969 is amended by | 5 |
| changing Section 2.08 as follows:
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| (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
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| Sec. 2.08.
"Child welfare agency" means a public or private | 8 |
| child care facility,
receiving any child or children for the | 9 |
| purpose of placing or arranging for
the placement or free care | 10 |
| of the child or children in foster family homes, unlicensed | 11 |
| pre-adoptive and adoptive homes, or other
facilities for child | 12 |
| care, apart from the custody of the child's or
children's | 13 |
| parents. The term "child welfare agency" includes all agencies
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| established and maintained by a municipality or other political | 15 |
| subdivision
of the State of Illinois to protect, guard, train | 16 |
| or care for children
outside their own homes and all agencies, | 17 |
| persons, groups of persons, associations, organizations, | 18 |
| corporations, institutions, religious institutions, centers, | 19 |
| or groups providing adoption services, but does not include any | 20 |
| circuit court or duly
appointed juvenile probation officer or | 21 |
| youth counselor of the court who
receives and places children | 22 |
| under an order of the court.
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| (Source: P.A. 94-586, eff. 8-15-05.)
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HB5699 |
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LRB096 17702 AJO 33066 b |
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| Section 10. The Adoption Act is amended by changing Section | 2 |
| 4.1 as follows:
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| (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
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| Sec. 4.1. Except for children placed with relatives by the | 5 |
| Department of
Children and Family Services pursuant to | 6 |
| subsection (b) of Section 7 of the
Children and Family Services | 7 |
| Act, placements under this Act shall comply with
the Child Care | 8 |
| Act of 1969 and the Interstate Compact on the Placement of
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| Children. Placements of children born outside the United States | 10 |
| or a territory
thereof shall comply with rules promulgated by | 11 |
| the United States Department of
Immigration and | 12 |
| Naturalization.
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| Rules promulgated by the Department of Children and Family | 14 |
| Services shall
include but not be limited to the following:
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| (a) Any agency providing adoption services as defined in | 16 |
| Section 2.24 of the Child Care Act of 1969 in this State:
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| (i) Shall be licensed in this State as a child welfare | 18 |
| agency as defined
in Section 2.08 of the Child Care Act of | 19 |
| 1969; or
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| (ii) Shall be licensed as a child placement agency in a | 21 |
| state which is a
party to the Interstate Compact on the | 22 |
| Placement of Children and shall be approved by the | 23 |
| Department to place children into Illinois in accordance | 24 |
| with subsection (a-5) of this Section; or
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| (iii) Shall be licensed as a child placement agency in | 2 |
| a country other
than the United States or, if located in | 3 |
| such a country but not so
licensed, shall provide | 4 |
| information such as a license or court document
which | 5 |
| authorizes that agency to place children for adoption and | 6 |
| to
establish that such agency has legal authority to place | 7 |
| children for adoption;
or
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| (iv) Shall be a child placement agency which is so | 9 |
| licensed in a
non-compact
state and shall be approved by | 10 |
| the Department to place children into Illinois in | 11 |
| accordance with subsection (a-5) of this Section, if such | 12 |
| agency first files with the Department of Children and | 13 |
| Family
Services a bond with surety in the amount of $5,000 | 14 |
| for each such child to
ensure that such child shall not | 15 |
| become a public charge upon this State. Such
bond shall | 16 |
| remain in effect until a judgment for adoption is entered | 17 |
| with
respect to such child pursuant to this Act. The | 18 |
| Department of Children and
Family Services may accept, in | 19 |
| lieu of such bond, a written agreement with such
agency | 20 |
| which provides that such agency shall be liable for all | 21 |
| costs associated
with the placement of such child in the | 22 |
| event a judgment of adoption is not
entered, upon such | 23 |
| terms and conditions as the Department deems appropriate.
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| (a-3) Notwithstanding other provisions of this Act, a | 25 |
| church, synagogue, temple, mosque, or other religious | 26 |
| institution that is an agency providing adoption services as |
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| defined in Section 2.24 of the Child Care Act of 1969 and that | 2 |
| is licensed as a child welfare agency as defined in Section | 3 |
| 2.08 of the Child Care Act of 1969 may adopt faith-based | 4 |
| policies and practices relating to the placement of children | 5 |
| for adoption which provide for the placement of a child with a | 6 |
| prospective adoptive parent who holds the same religious | 7 |
| beliefs as those held by that religious institution, while | 8 |
| maintaining the welfare of the child as the primary | 9 |
| consideration in the placement. | 10 |
| The rules shall also provide that any agency that places | 11 |
| children for
adoption in this State may not, in any policy or | 12 |
| practice relating to the
placement of children for adoption, | 13 |
| discriminate against any child or
prospective adoptive parent | 14 |
| on the basis of race.
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| (a-5) Out-of-state private placing agencies that seek to | 16 |
| place children into Illinois for the purpose of foster care or | 17 |
| adoption shall provide all of the following to the Department: | 18 |
| (i) A copy of the agency's current license or other | 19 |
| form of authorization from the approving authority in the | 20 |
| agency's state. If no such license or authorization is | 21 |
| issued, the agency must provide a reference statement from | 22 |
| the approving authority stating the agency is authorized to | 23 |
| place children in foster care or adoption or both in its | 24 |
| jurisdiction. | 25 |
| (ii) A description of the program, including home | 26 |
| studies, placements, and supervisions that the child |
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| placing agency conducts within its geographical area, and, | 2 |
| if applicable, adoptive placements and the finalization of | 3 |
| adoptions. The child placing agency must accept continued | 4 |
| responsibility for placement planning and replacement if | 5 |
| the placement fails. | 6 |
| (iii) Notification to the Department of any | 7 |
| significant child placing agency changes after approval.
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| (iv) Any other information the Department may require.
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| If the adoption is finalized prior to bringing or sending | 10 |
| the child to Illinois, Department approval of the out-of-state | 11 |
| child placing agency involved is not required under this | 12 |
| Section, nor is compliance with the Interstate Compact on the | 13 |
| Placement of Children.
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| (b) As an alternative to requiring the bond provided for in | 15 |
| paragraph
(a)(iv) of this Section, the Department of Children | 16 |
| and Family Services may
require the filing of such a bond by | 17 |
| the individual or individuals seeking
to adopt such a child | 18 |
| through placement of such child by a child placement
agency | 19 |
| located in a state which is not a party to the Interstate | 20 |
| Compact on
the Placement of Children.
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| (c) In the case of any foreign-born child brought to the | 22 |
| United States
for adoption in this State, the following | 23 |
| preadoption requirements shall be
met:
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| (1) Documentation that the child is legally free for | 25 |
| adoption prior to
entry into the United States shall be | 26 |
| submitted.
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| (2) A medical report on the child, by authorized | 2 |
| medical personnel in
the country of the child's origin, | 3 |
| shall be provided when such personnel are
available.
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| (3) Verification that the adoptive family has been | 5 |
| licensed as a foster
family home pursuant to the Child Care | 6 |
| Act of 1969, as now or hereafter
amended, shall be | 7 |
| provided.
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| (4) A valid home study conducted by a licensed child | 9 |
| welfare agency that
complies with guidelines established | 10 |
| by the United States Immigration and
Naturalization | 11 |
| Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 12 |
| amended,
shall be submitted. A home study is considered | 13 |
| valid if it contains:
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| (i) A factual evaluation of the financial, | 15 |
| physical, mental and moral
capabilities of the | 16 |
| prospective parent or parents to rear and educate the | 17 |
| child
properly.
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| (ii) A detailed description of the living | 19 |
| accommodations where the
prospective parent or parents | 20 |
| currently reside.
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| (iii) A detailed description of the living | 22 |
| accommodations in the United
States where the child | 23 |
| will reside, if known.
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| (iv) A statement or attachment recommending the | 25 |
| proposed adoption signed
by an official of the child | 26 |
| welfare agency which has conducted the home study.
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| (5) The placing agency located in a non-compact state | 2 |
| or a family
desiring to adopt through an authorized | 3 |
| placement party in a non-compact
state or a foreign country | 4 |
| shall file with the Department of Children and
Family | 5 |
| Services a bond with surety in the amount of $5,000 as | 6 |
| protection that a
foreign-born child accepted for care or | 7 |
| supervision not become a public charge
upon the State of | 8 |
| Illinois.
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| (6) In lieu of the $5,000 bond, the placement agency | 10 |
| may sign a binding
agreement with the Department of | 11 |
| Children and Family Services to assume
full liability for | 12 |
| all placements should, for any reason, the adoption be
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| disrupted or not be completed, including financial and | 14 |
| planning
responsibility until the child is either returned | 15 |
| to the country of its
origin or placed with a new adoptive | 16 |
| family in the United States and that
adoption is finalized.
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| (7) Compliance with the requirements of the Interstate | 18 |
| Compact on the
Placement of Children, when applicable, | 19 |
| shall be demonstrated.
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| (8) When a child is adopted in a foreign country and a | 21 |
| final, complete
and valid Order of Adoption is issued in | 22 |
| that country, as determined by
both the United States | 23 |
| Department of State and the United States Department
of | 24 |
| Justice, this State shall not impose
any additional | 25 |
| preadoption requirements. The adoptive family, however,
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| must comply with applicable requirements of the United |
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LRB096 17702 AJO 33066 b |
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| States Department of
Immigration and Naturalization as | 2 |
| provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 3 |
| amended.
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| (d) The Department of Children and Family Services shall | 5 |
| maintain the
office of Intercountry Adoption Coordinator, | 6 |
| shall maintain and protect the
rights of families and children | 7 |
| participating in adoption of foreign born
children, and shall | 8 |
| develop ongoing programs of support and services to such
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| families and children. The Intercountry Adoption Coordinator | 10 |
| shall determine
that all preadoption requirements have been met | 11 |
| and report such information to
the Department of Immigration | 12 |
| and Naturalization.
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| (Source: P.A. 94-586, eff. 8-15-05.)
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