SB1993 97TH GENERAL ASSEMBLY

LRB097 07268 AJO 47939 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1993

Introduced 2/10/2011, by Sen. Shane Cultra

SYNOPSIS AS INTRODUCED:

225 ILCS 10/2.08	from Ch. 23, par. 2212.08
750 ILCS 50/4.1	from Ch. 40, par. 1506

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 and that is licensed as a child welfare agency, as those terms are 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 provided that: the best interest of the child must always be the primary factor in placement decisions; an agency's religious preference for placement must never override the birth parent's religious preference in making a placement decision; if an agency uses religion as a factor in making a placement decision, this must be disclosed to prospective adoptive applicants before any fees are accepted by the agency; if an agency uses religion as a factor in making a placement decision, this must be disclosed to all birth parents seeking counseling or placement services at the outset of services; a placement when practicable shall be made to an agency under the control of persons of the same religious faith as that of the child or in the custody of someone of the same religious faith as that of the child. Provides for an adoption placement, when practicable, with a person of the same religious faith as the parent or the child. Defines "expressed religious wishes". Makes other similar changes.

A BILL FOR

AN ACT concerning adoption.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by changing Section 2.08 as follows:

(225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)

Sec. 2.08. "Child welfare agency" means a public or private child care facility, receiving any child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, or other facilities for child care, apart from the custody of the child's or children's parents. The term "child welfare agency" includes all agencies established and maintained by a municipality or other political subdivision of the State of Illinois to protect, guard, train or care for children outside their own homes and all agencies, persons, groups of persons, associations, organizations, corporations, institutions, religious institutions, centers, or groups providing adoption services, but does not include any circuit court or duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court.

(Source: P.A. 94-586, eff. 8-15-05.)

Section 10. The Adoption Act is amended by changing Section 4.1 as follows:

(750 ILCS 50/4.1) (from Ch. 40, par. 1506)

Sec. 4.1. Except for children placed with relatives by the Department of Children and Family Services pursuant to subsection (b) of Section 7 of the Children and Family Services Act, placements under this Act shall comply with the Child Care Act of 1969 and the Interstate Compact on the Placement of Children. Placements of children born outside the United States or a territory thereof shall comply with rules promulgated by the United States Department of Immigration and Naturalization.

Rules promulgated by the Department of Children and Family Services shall include but not be limited to the following:

(a) Any agency providing adoption services as defined in Section 2.24 of the Child Care Act of 1969 in this State:

(i) Shall be licensed in this State as a child welfare agency as defined in Section 2.08 of the Child Care Act of 1969; or

(ii) Shall be licensed as a child placement agency in a state which is a party to the Interstate Compact on the Placement of Children and shall be approved by the Department to place children into Illinois in accordance with subsection (a-5) of this Section; or

(iii) Shall be licensed as a child placement agency in a country other than the United States or, if located in such a country but not so licensed, shall provide information such as a license or court document which authorizes that agency to place children for adoption and to establish that such agency has legal authority to place children for adoption; or

(iv) Shall be a child placement agency which is so licensed in a non-compact state and shall be approved by the Department to place children into Illinois in accordance with subsection (a-5) of this Section, if such agency first files with the Department of Children and Family Services a bond with surety in the amount of $5,000 for each such child to ensure that such child shall not become a public charge upon this State. Such bond shall remain in effect until a judgment for adoption is entered with respect to such child pursuant to this Act. The Department of Children and Family Services may accept, in lieu of such bond, a written agreement with such agency which provides that such agency shall be liable for all costs associated with the placement of such child in the event a judgment of adoption is not entered, upon such terms and conditions as the Department deems appropriate.

(a-3) Notwithstanding other provisions of this Act, a church, synagogue, temple, mosque, or other religious institution that is an agency providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, and that is licensed as a child welfare agency, as defined in Section 2.08 of the Child Care Act of 1969, may adopt faith-based policies and practices relating to the placement of children for adoption which 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; provided, however, that:

(1) The best interest of the child must always be the primary factor in placement decisions.

(2) An agency's religious preference for placement must never override the religious faith of the child in making a placement decision; in the absence of expressed religious wishes, as defined in this subsection, a determination of the religious wishes, if any, of the biological parent shall be made upon other facts in the particular case, and if there is no evidence to the contrary, it shall be presumed that the biological parent wishes the child to be reared in the religion of the biological parent.

(3) If an agency uses religion as a factor in making a placement decision, this must be disclosed to prospective adoptive applicants before any fees are accepted by the agency.

(4) If an agency uses religion as a factor in making placement decisions, this must be disclosed to all biological parents seeking counseling or placement services at the outset of services.

(5) Whenever a child is placed by an agency providing adoption services, other than an institution supported and controlled by the State or a subdivision thereof, the placement shall be made, when practicable, to an authorized agency under the control of persons of the same religious faith as that of the child.

(6) Whenever a child is placed in a family, home, institution, agency boarding home, group home, an authorized agency, or in the custody of any person other than that of a relative of the child within the second degree, the placement shall when practicable be to, with, or in the custody of a person or persons of the same religious faith as that of the child or to an authorized agency under the control of persons of the same religious faith as that of the child.

(7) In appointing a guardian of a child, and in granting an order of adoption of a child, the court shall, when practicable, appoint as guardian, and give custody through adoption, only to a person or persons of the same religious faith as that of the child.

(8) The provisions of paragraphs (5), (6), or (7) of this subsection shall be interpreted so as to assure that in the care, protection, adoption, guardianship, discipline, and control of any child, the child's religious faith shall be preserved and protected.

(9) Whenever a child is placed in the custody, or under the supervision or control, of a person or persons of a religious faith different from that of the child, or if a guardian of a child is appointed whose religious faith is different from that of the child, or if letters of adoption of a child are granted to a person or persons whose religious faith is different from that of the child or if a child is placed with an authorized child welfare agency which is closely affiliated with a religious faith different from that of the child, the court or public official shall state or recite the facts which impelled the placement to be made contrary to the religious faith of the child or to any person whose religious faith is different from that of the child and the statement shall be a part of the record of the proceeding or documented in appropriate agency records, and subject to inspection by the Department of Children and Family Services or an authorized agency. This item shall not apply to institutions supported and controlled by the State or a subdivision thereof.

(10) The provisions of this subsection in relation to the protection of the religious faith of children shall also apply to a minor who is at least 16 years old but not yet 18 years old.

(11) The provisions of paragraphs (5), (6), (7), (8), (9), and (10) of this subsection shall, so far as consistent with the best interests of the child, and where practicable, be applied so as to give effect to the religious wishes of the birth mother, and of the birth father whose consent would be required for the child's adoption pursuant to the Act, if the child is born out of wedlock, or if born in wedlock, the religious wishes of the biological parents of the child, or if only one of the birth parents of an in wedlock child is then living, the religious wishes of the birth parent then living. Religious wishes of a parent shall include wishes that the child receive a placement that is: in the same religion as the birth parent; in a different religion from the birth parent; not based on religion in any manner; or is based on religion, but only as a subordinate consideration.

"Expressed religious wishes" of a birth parent shall mean those which have been set forth in a writing signed by the birth parent, except that, in a non-agency adoption, such writing shall be an affidavit of the biological parent. In the absence of expressed religious wishes, as defined in this subdivision, determination of the religious wishes, if any, of the biological parent, shall be made upon the other facts of the particular case, and, if there is no evidence to the contrary, it shall be presumed that the biological parent wishes the child to be reared in the religion of the birth parent.

The rules shall also provide that any agency that places children for adoption in this State may not, in any policy or practice relating to the placement of children for adoption, discriminate against any child or prospective adoptive parent on the basis of race.

(a-5) Out-of-state private placing agencies that seek to place children into Illinois for the purpose of foster care or adoption shall provide all of the following to the Department:

(i) A copy of the agency's current license or other form of authorization from the approving authority in the agency's state. If no such license or authorization is issued, the agency must provide a reference statement from the approving authority stating the agency is authorized to place children in foster care or adoption or both in its jurisdiction.

(ii) A description of the program, including home studies, placements, and supervisions that the child placing agency conducts within its geographical area, and, if applicable, adoptive placements and the finalization of adoptions. The child placing agency must accept continued responsibility for placement planning and replacement if the placement fails.

(iii) Notification to the Department of any significant child placing agency changes after approval.

(iv) Any other information the Department may require.

If the adoption is finalized prior to bringing or sending the child to Illinois, Department approval of the out-of-state child placing agency involved is not required under this Section, nor is compliance with the Interstate Compact on the Placement of Children.

(b) As an alternative to requiring the bond provided for in paragraph (a)(iv) of this Section, the Department of Children and Family Services may require the filing of such a bond by the individual or individuals seeking to adopt such a child through placement of such child by a child placement agency located in a state which is not a party to the Interstate Compact on the Placement of Children.

(c) In the case of any foreign-born child brought to the United States for adoption in this State, the following preadoption requirements shall be met:

(1) Documentation that the child is legally free for adoption prior to entry into the United States shall be submitted.

(2) A medical report on the child, by authorized medical personnel in the country of the child's origin, shall be provided when such personnel are available.

(3) Verification that the adoptive family has been licensed as a foster family home pursuant to the Child Care Act of 1969, as now or hereafter amended, shall be provided.

(4) A valid home study conducted by a licensed child welfare agency that complies with guidelines established by the United States Immigration and Naturalization Service at 8 CFR 204.4(d)(2)(i), as now or hereafter amended, shall be submitted. A home study is considered valid if it contains:

(i) A factual evaluation of the financial, physical, mental and moral capabilities of the prospective parent or parents to rear and educate the child properly.

(ii) A detailed description of the living accommodations where the prospective parent or parents currently reside.

(iii) A detailed description of the living accommodations in the United States where the child will reside, if known.

(iv) A statement or attachment recommending the proposed adoption signed by an official of the child welfare agency which has conducted the home study.

(5) The placing agency located in a non-compact state or a family desiring to adopt through an authorized placement party in a non-compact state or a foreign country shall file with the Department of Children and Family Services a bond with surety in the amount of $5,000 as protection that a foreign-born child accepted for care or supervision not become a public charge upon the State of Illinois.

(6) In lieu of the $5,000 bond, the placement agency may sign a binding agreement with the Department of Children and Family Services to assume full liability for all placements should, for any reason, the adoption be disrupted or not be completed, including financial and planning responsibility until the child is either returned to the country of its origin or placed with a new adoptive family in the United States and that adoption is finalized.

(7) Compliance with the requirements of the Interstate Compact on the Placement of Children, when applicable, shall be demonstrated.

(8) When a child is adopted in a foreign country and a final, complete and valid Order of Adoption is issued in that country, as determined by both the United States Department of State and the United States Department of Justice, this State shall not impose any additional preadoption requirements. The adoptive family, however, must comply with applicable requirements of the United States Department of Immigration and Naturalization as provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter amended.

(d) The Department of Children and Family Services shall maintain the office of Intercountry Adoption Coordinator, shall maintain and protect the rights of families and children participating in adoption of foreign born children, and shall develop ongoing programs of support and services to such families and children. The Intercountry Adoption Coordinator shall determine that all preadoption requirements have been met and report such information to the Department of Immigration and Naturalization.

(Source: P.A. 94-586, eff. 8-15-05.)