HB4028ham002 97TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 3/27/2012

 

 


 

 


 
09700HB4028ham002LRB097 14710 KTG 68152 a

1
AMENDMENT TO HOUSE BILL 4028

2    AMENDMENT NO. ______. Amend House Bill 4028 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 3 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a

 

 

09700HB4028ham002- 2 -LRB097 14710 KTG 68152 a

1branch of the United States armed services.
2    "Department" means Department of Children and Family
3Services.
4    "Local law enforcement agency" means the police of a city,
5town, village or other incorporated area or the sheriff of an
6unincorporated area or any sworn officer of the Illinois
7Department of State Police.
8    "Abused child" means a child whose parent or immediate
9family member, or any person responsible for the child's
10welfare, or any individual residing in the same home as the
11child, or a paramour of the child's parent:
12        (a) inflicts, causes to be inflicted, or allows to be
13    inflicted upon such child physical injury, by other than
14    accidental means, which causes death, disfigurement,
15    impairment of physical or emotional health, or loss or
16    impairment of any bodily function;
17        (b) creates a substantial risk of physical injury to
18    such child by other than accidental means which would be
19    likely to cause death, disfigurement, impairment of
20    physical or emotional health, or loss or impairment of any
21    bodily function;
22        (c) commits or allows to be committed any sex offense
23    against such child, as such sex offenses are defined in the
24    Criminal Code of 1961, as amended, or in the Wrongs to
25    Children Act, and extending those definitions of sex
26    offenses to include children under 18 years of age;

 

 

09700HB4028ham002- 3 -LRB097 14710 KTG 68152 a

1        (d) commits or allows to be committed an act or acts of
2    torture upon such child;
3        (e) inflicts excessive corporal punishment;
4        (f) commits or allows to be committed the offense of
5    female genital mutilation, as defined in Section 12-34 of
6    the Criminal Code of 1961, against the child;
7        (g) causes to be sold, transferred, distributed, or
8    given to such child under 18 years of age, a controlled
9    substance as defined in Section 102 of the Illinois
10    Controlled Substances Act in violation of Article IV of the
11    Illinois Controlled Substances Act or in violation of the
12    Methamphetamine Control and Community Protection Act,
13    except for controlled substances that are prescribed in
14    accordance with Article III of the Illinois Controlled
15    Substances Act and are dispensed to such child in a manner
16    that substantially complies with the prescription; or
17        (h) commits or allows to be committed the offense of
18    involuntary servitude, involuntary sexual servitude of a
19    minor, or trafficking in persons for forced labor or
20    services as defined in Section 10-9 of the Criminal Code of
21    1961 against the child.
22    A child shall not be considered abused for the sole reason
23that the child has been relinquished in accordance with the
24Abandoned Newborn Infant Protection Act.
25    "Neglected child" means any child who is not receiving the
26proper or necessary nourishment or medically indicated

 

 

09700HB4028ham002- 4 -LRB097 14710 KTG 68152 a

1treatment including food or care not provided solely on the
2basis of the present or anticipated mental or physical
3impairment as determined by a physician acting alone or in
4consultation with other physicians or otherwise is not
5receiving the proper or necessary support or medical or other
6remedial care recognized under State law as necessary for a
7child's well-being, or other care necessary for his or her
8well-being, including adequate food, clothing and shelter; or
9who is abandoned by his or her parents or other person
10responsible for the child's welfare without a proper plan of
11care; or who has been provided with interim crisis intervention
12services under Section 3-5 of the Juvenile Court Act of 1987
13and whose parent, guardian, or custodian refuses to permit the
14child to return home and no other living arrangement agreeable
15to the parent, guardian, or custodian can be made, and the
16parent, guardian, or custodian has not made any other
17appropriate living arrangement for the child; or who is a
18newborn infant whose blood, urine, or meconium contains any
19amount of a controlled substance as defined in subsection (f)
20of Section 102 of the Illinois Controlled Substances Act or a
21metabolite thereof, with the exception of a controlled
22substance or metabolite thereof whose presence in the newborn
23infant is the result of medical treatment administered to the
24mother or the newborn infant. A child shall not be considered
25neglected for the sole reason that the child's parent or other
26person responsible for his or her welfare has left the child in

 

 

09700HB4028ham002- 5 -LRB097 14710 KTG 68152 a

1the care of an adult relative for any period of time. A child
2shall not be considered neglected for the sole reason that the
3child has been relinquished in accordance with the Abandoned
4Newborn Infant Protection Act. A child shall not be considered
5neglected or abused for the sole reason that such child's
6parent or other person responsible for his or her welfare
7depends upon spiritual means through prayer alone for the
8treatment or cure of disease or remedial care as provided under
9Section 4 of this Act. A child shall not be considered
10neglected or abused solely because the child is not attending
11school in accordance with the requirements of Article 26 of The
12School Code, as amended.
13    "Child Protective Service Unit" means certain specialized
14State employees of the Department assigned by the Director to
15perform the duties and responsibilities as provided under
16Section 7.2 of this Act.
17    "Person responsible for the child's welfare" means the
18child's parent; guardian; foster parent; relative caregiver;
19any person responsible for the child's welfare in a public or
20private residential agency or institution; any person
21responsible for the child's welfare within a public or private
22profit or not for profit child care facility; or any other
23person responsible for the child's welfare at the time of the
24alleged abuse or neglect, including any person that is the
25custodian of a child under 18 years of age who commits or
26allows to be committed, against the child, the offense of

 

 

09700HB4028ham002- 6 -LRB097 14710 KTG 68152 a

1involuntary servitude, involuntary sexual servitude of a
2minor, or trafficking in persons for forced labor or services,
3as provided in Section 10-9 of the Criminal Code of 1961, or
4any person who came to know the child through an official
5capacity or position of trust, including but not limited to
6health care professionals, educational personnel, recreational
7supervisors, members of the clergy, and volunteers or support
8personnel in any setting where children may be subject to abuse
9or neglect.
10    "Temporary protective custody" means custody within a
11hospital or other medical facility or a place previously
12designated for such custody by the Department, subject to
13review by the Court, including a licensed foster home, group
14home, or other institution; but such place shall not be a jail
15or other place for the detention of criminal or juvenile
16offenders.
17    "An unfounded report" means any report made under this Act
18for which it is determined after an investigation that no
19credible evidence of abuse or neglect exists.
20    "An indicated report" means a report made under this Act if
21an investigation determines that credible evidence of the
22alleged abuse or neglect exists.
23    "An undetermined report" means any report made under this
24Act in which it was not possible to initiate or complete an
25investigation on the basis of information provided to the
26Department.

 

 

09700HB4028ham002- 7 -LRB097 14710 KTG 68152 a

1    "Subject of report" means any child reported to the central
2register of child abuse and neglect established under Section
37.7 of this Act as an alleged victim of child abuse or neglect
4and the parent or guardian of the alleged victim or other
5person responsible for the alleged victim's welfare who is
6named in the report or added to the report as an alleged
7perpetrator of child abuse or neglect.
8    "Perpetrator" means a person who, as a result of
9investigation, has been determined by the Department to have
10caused child abuse or neglect.
11    "Member of the clergy" means a clergyman or practitioner of
12any religious denomination accredited by the religious body to
13which he or she belongs.
14(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
1596-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
16    Section 10. The Adoption Act is amended by changing
17Sections 10 and 18.3a and by adding Section 18.08 as follows:
 
18    (750 ILCS 50/10)  (from Ch. 40, par. 1512)
19    Sec. 10. Forms of consent and surrender; execution and
20acknowledgment thereof.
21    A. The form of consent required for the adoption of a born
22child shall be substantially as follows:
23
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
24    I, ...., (relationship, e.g., mother, father, relative,

 

 

09700HB4028ham002- 8 -LRB097 14710 KTG 68152 a

1guardian) of ...., a ..male child, state:
2    That such child was born on .... at ....
3    That I reside at ...., County of .... and State of ....
4    That I am of the age of .... years.
5    That I hereby enter my appearance in this proceeding and
6waive service of summons on me.
7    That I hereby acknowledge that I have been provided with a
8copy of the Birth Parent Rights and Responsibilities-Private
9Form before signing this Consent and that I have had time to
10read, or have had read to me, this Form. I understand that if I
11do not receive any of the rights as described in this Form, it
12shall not constitute a basis to revoke this Final and
13Irrevocable Consent.
14    That I do hereby consent and agree to the adoption of such
15child.
16    That I wish to and understand that by signing this consent
17I do irrevocably and permanently give up all custody and other
18parental rights I have to such child.
19    That I understand such child will be placed for adoption
20and that I cannot under any circumstances, after signing this
21document, change my mind and revoke or cancel this consent or
22obtain or recover custody or any other rights over such child.
23That I have read and understand the above and I am signing it
24as my free and voluntary act.
25    Dated (insert date).
26.........................
 

 

 

09700HB4028ham002- 9 -LRB097 14710 KTG 68152 a

1    If under Section 8 the consent of more than one person is
2required, then each such person shall execute a separate
3consent.
4    A-1. (1) The form of the Final and Irrevocable Consent to
5Adoption by a Specified Person or Persons: Non-DCFS Case set
6forth in this subsection A-1 is to be used by legal parents
7only. This form is not to be used in cases in which there is a
8pending petition under Section 2-13 of the Juvenile Court Act
9of 1987.
10    (2) The form of the Final and Irrevocable Consent to
11Adoption by a Specified Person or Persons in a non-DCFS case
12shall have the caption of the proceeding in which it is to be
13filed and shall be substantially as follows:
14
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
15
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE
16    I, ...., (relationship, e.g., mother, father) of ...., a
17..male child, state:
18    1. That such child was born on ...., at ....., City of ...
19and State of ....
20    2. That I reside at ...., County of .... and State of ....
21    3. That I am of the age of .... years.
22    4. That I hereby enter my appearance in this proceeding and
23waive service of summons on me.
24    5. That I hereby acknowledge that I have been provided a
25copy of the Birth Parent Rights and Responsibilities-Private

 

 

09700HB4028ham002- 10 -LRB097 14710 KTG 68152 a

1Form before signing this Consent and that I have had time to
2read, or have had read to me, this Form and that I understand
3the Rights and Responsibilities described in this Form. I
4understand that if I do not receive any of my rights as
5described in said Form, it shall not constitute a basis to
6revoke this Final and Irrevocable Consent to Adoption by a
7Specified Person.
8    6. That I do hereby consent and agree to the adoption of
9such child by .... (specified persons) only.
10    7. That I wish to and understand that upon signing this
11consent I do irrevocably and permanently give up all custody
12and other parental rights I have to such child if such child is
13adopted by .... (specified person or persons). I hereby
14transfer all of my rights to the custody, care and control of
15such child to ............................. (specified person
16or persons).
17    8. That I understand such child will be adopted by
18....................... (specified person or persons) and that
19I cannot under any circumstances, after signing this document,
20change my mind and revoke or cancel this consent or obtain or
21recover custody or any other rights over such child if
22............................ (specified person or persons)
23adopt(s) such child; PROVIDED that each specified person has
24filed or shall file, within 60 days from the date hereof, a
25petition for the adoption of such child.
26    9. That if the specified person or persons designated

 

 

09700HB4028ham002- 11 -LRB097 14710 KTG 68152 a

1herein do not file a petition for adoption within the
2time-frame specified above, or, if said petition for adoption
3is filed within the time-frame specified above but the adoption
4petition is dismissed with prejudice or the adoption proceeding
5is otherwise concluded without an order declaring the child to
6be the adopted child of the specified person or persons, then I
7understand that I will receive written notice of such
8circumstances within 10 business days of their occurrence. I
9understand that the notice will be directed to me using the
10contact information I have provided in this consent. I
11understand that I will have 10 business days from the date that
12the written notice is sent to me to respond, within which time
13I may request the Court to declare this consent voidable and
14return the child to me. I further understand that the Court
15will make the final decision of whether or not the child will
16be returned to me. If I do not make such request within 10
17business days of the date of the notice, then I expressly waive
18any other notice or service of process in any legal proceeding
19for the adoption of the child.
20    10. That I expressly acknowledge that nothing in this
21Consent impairs the validity and absolute finality of this
22Consent under any circumstance other than those described in
23paragraph 9 of this Consent.
24    11. That I understand that I have a remaining duty and
25obligation to keep .............. (insert name and address of
26the attorney for the specified person or persons) informed of

 

 

09700HB4028ham002- 12 -LRB097 14710 KTG 68152 a

1my current address or other preferred contact information until
2this adoption has been finalized. My failure to do so may
3result in the termination of my parental rights and the child
4being placed for adoption in another home.
5    12. That I do expressly waive any other notice or service
6of process in any of the legal proceedings for the adoption of
7the child as long as the adoption proceeding by the specified
8person or persons is pending.
9    13. That I have read and understand the above and I am
10signing it as my free and voluntary act.
11    14. That I acknowledge that this consent is valid even if
12the specified person or persons separate or divorce or one of
13the specified persons dies prior to the entry of the final
14judgment for adoption.
15    Dated (insert date).
16    .............................................
17    Signature of parent.
18    .............................................
19    Address of parent.
20    .............................................
21    Phone number(s) of parent.
22    .............................................
23    Personal email(s) of parent.
24    .............................................
25    (3) The form of the certificate of acknowledgement for a
26Final and Irrevocable Consent for Adoption by a Specified

 

 

09700HB4028ham002- 13 -LRB097 14710 KTG 68152 a

1Person or Persons: Non-DCFS Case shall be substantially as
2follows:
 
3STATE OF ..............)
4                       ) SS.
5COUNTY OF .............)
6    I, .................... (Name of Judge or other person),
7..................... (official title, name, and address),
8certify that ............., personally known to me to be the
9same person whose name is subscribed to the foregoing Final and
10Irrevocable Consent for Adoption by a Specified Person or
11Persons; non-DCFS case, appeared before me this day in person
12and acknowledged that (she)(he) signed and delivered the
13consent as (her)(his) free and voluntary act, for the specified
14purpose. I am further satisfied that, before signing this
15Consent, ........ has read, or has had read to him or her, the
16Birth Parent Rights and Responsibilities-Private Form.
17    A-2. Birth Parent Rights and Responsibilities-Private
18Form. The Birth Parent Rights and Responsibilities-Private
19Form must be read by, or have been read to, any person
20executing a Final and Irrevocable Consent to Adoption under
21subsection A, a Final and Irrevocable Consent to Adoption by a
22Specified Person or Persons: Non-DCFS Case under subsection
23A-1, or a Consent to Adoption of Unborn Child under subsection
24B prior to the execution of said Consent. The form of the Birth
25Parent Rights and Responsibilities-Private Form shall be

 

 

09700HB4028ham002- 14 -LRB097 14710 KTG 68152 a

1substantially as follows:
2
Birth Parent Rights and Responsibilities-Private Form
3    As a birth parent in the State of Illinois, you have the
4right:
5    1. To have your own attorney represent you. The prospective
6adoptive parents may agree to pay for the cost of your attorney
7in a manner consistent with Illinois law, but they are not
8required to do so.
9    2. To be treated with dignity and respect at all times and
10to make decisions free from coercion and pressure.
11    3. To receive counseling before and after signing a Final
12and Irrevocable Consent to Adoption ("Consent"), a Final and
13Irrevocable Consent to Adoption by a Specified Person or
14Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
15Adoption of Unborn Child ("Unborn Consent"). The prospective
16adoptive parents may agree to pay for the cost of counseling in
17a manner consistent with Illinois law, but they are not
18required to do so.
19    4. To ask to be involved in choosing your child's
20prospective adoptive parents and to ask to meet them.
21    5. To ask your child's prospective adoptive parents any
22questions that pertain to your decision to place your child
23with them.
24    6. To see your child before signing a Consent or Specified
25Consent.
26    7. To request contact with your child and/or the child's

 

 

09700HB4028ham002- 15 -LRB097 14710 KTG 68152 a

1prospective adoptive parents, with the understanding that any
2promises regarding contact with your child or receipt of
3information about the child after signing a Consent, Specified
4Consent, or Unborn Consent cannot be enforced under Illinois
5law.
6    8. To receive copies of all documents that you sign and
7have those documents provided to you in your preferred
8language.
9    9. To request that your identifying information remain
10confidential, unless required otherwise by Illinois law or
11court order, and to register with the Illinois Adoption
12Registry and Medical Information Exchange.
13    10. To work with an adoption agency or attorney of your
14choice, or change said agency or attorney, provided you
15promptly inform all of the parties currently involved.
16    11. To receive, upon request, a written list of any
17promised support, financial or otherwise, from your attorney or
18the attorney for your child's prospective adoptive parents.
19    12. To delay signing a Consent, Specified Consent, or
20Unborn Consent if you are not ready to do so.
21    13. To decline to sign a Consent, Specified Consent, or
22Unborn Consent even if you have received financial support from
23the prospective adoptive parents.
24    If you do not receive any of the rights described in this
25Form, it shall not be a basis to revoke a Consent, Specified
26Consent, or Unborn Consent.

 

 

09700HB4028ham002- 16 -LRB097 14710 KTG 68152 a

1    As a Birth Parent in the State of Illinois, you have the
2responsibility:
3    1. To carefully consider your reasons for choosing
4adoption.
5    2. To voluntarily provide all known medical, background,
6and family information about yourself and your immediate family
7to your child's prospective adoptive parents or their attorney.
8For the health of your child, you are strongly encouraged, but
9not required, to provide all known medical, background, and
10family history information about yourself and your family to
11your child's prospective adoptive parents or their attorney.
12    3. (Birth mothers only) To accurately complete an Affidavit
13of Identification, which identifies the father of the child
14when known, with the understanding that a birth mother has a
15right to decline to identify the birth father.
16    4. To not accept financial support or reimbursement of
17pregnancy related expenses simultaneously from more than one
18source.
19    B. The form of consent required for the adoption of an
20unborn child shall be substantially as follows:
21
CONSENT TO ADOPTION OF UNBORN CHILD
22    I, ...., state:
23    That I am the father of a child expected to be born on or
24about .... to .... (name of mother).
25    That I reside at .... County of ...., and State of .....
26    That I am of the age of .... years.

 

 

09700HB4028ham002- 17 -LRB097 14710 KTG 68152 a

1    That I hereby enter my appearance in such adoption
2proceeding and waive service of summons on me.
3    That I hereby acknowledge that I have been provided with a
4copy of the Birth Parent Rights and Responsibilities-Private
5Form before signing this Consent, and that I have had time to
6read, or have had read to me, this Form. I understand that if I
7do not receive any of the rights as described in this Form, it
8shall not constitute a basis to revoke this Consent to Adoption
9of Unborn Child.
10    That I do hereby consent and agree to the adoption of such
11child, and that I have not previously executed a consent or
12surrender with respect to such child.
13    That I wish to and do understand that by signing this
14consent I do irrevocably and permanently give up all custody
15and other parental rights I have to such child, except that I
16have the right to revoke this consent by giving written notice
17of my revocation not later than 72 hours after the birth of the
18child.
19    That I understand such child will be placed for adoption
20and that, except as hereinabove provided, I cannot under any
21circumstances, after signing this document, change my mind and
22revoke or cancel this consent or obtain or recover custody or
23any other rights over such child.
24    That I have read and understand the above and I am signing
25it as my free and voluntary act.
26    Dated (insert date).

 

 

09700HB4028ham002- 18 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 19 -LRB097 14710 KTG 68152 a

1adoption if ..... (specified person or persons) adopt my child.
2    That I understand that until (I die) (the child's other
3parent dies), I retain all legal rights and obligations
4concerning the child, but at that time, I irrevocably give all
5custody and other parental rights to .... (specified person or
6persons).
7    I understand my child will be adopted by ....... (specified
8person or persons) only and that I cannot, under any
9circumstances, after signing this document, change my mind and
10revoke or cancel this consent or obtain or recover custody or
11any other rights over my child if ..... (specified person or
12persons) adopt my child.
13    I understand that this consent to standby adoption is valid
14only if the petition for standby adoption is filed and that if
15....... (specified person or persons), for any reason, cannot
16or will not file a petition for standby adoption or if his,
17her, or their petition for standby adoption is denied, then
18this consent is void. I have the right to notice of any other
19proceeding that could affect my parental rights.
20    That I have read and understand the above and I am signing
21it as my free and voluntary act.
22    Dated (insert date).
23....................
 
24    If under Section 8 the consent of more than one person is
25required, then each such person shall execute a separate

 

 

09700HB4028ham002- 20 -LRB097 14710 KTG 68152 a

1consent. A separate consent shall be executed for each child.
2    (2) If the parent consents to a standby adoption by 2
3specified persons, then the form shall contain 2 additional
4paragraphs in substantially the following form:
5    If .... (specified persons) obtain a judgment of
6dissolution of marriage before the judgment for adoption is
7entered, then ..... (specified person) shall adopt my child. I
8understand that I cannot change my mind and revoke this consent
9or obtain or recover custody of my child if ..... (specified
10persons) obtain a judgment of dissolution of marriage and .....
11(specified person) adopts my child. I understand that I cannot
12change my mind and revoke this consent if ...... (specified
13persons) obtain a judgment of dissolution of marriage before
14the adoption is final. I understand that this consent to
15adoption has no effect on who will get custody of my child if
16..... (specified persons) obtain a judgment of dissolution of
17marriage after the adoption is final. I understand that if
18either ..... (specified persons) dies before the petition to
19adopt my child is granted, then the surviving person may adopt
20my child. I understand that I cannot change my mind and revoke
21this consent or obtain or recover custody of my child if the
22surviving person adopts my child.
23    A consent to standby adoption by specified persons on this
24form shall have no effect on a court's determination of custody
25or visitation under the Illinois Marriage and Dissolution of
26Marriage Act if the marriage of the specified persons is

 

 

09700HB4028ham002- 21 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 22 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 23 -LRB097 14710 KTG 68152 a

1office in the City of ...., County of .... and State of ....,
2for the purpose of enabling it to care for and supervise the
3care of such child, to place such child for adoption and to
4consent to the legal adoption of such child.
5    That I hereby grant to the Agency full power and authority
6to place such child with any person or persons it may in its
7sole discretion select to become the adopting parent or parents
8and to consent to the legal adoption of such child by such
9person or persons; and to take any and all measures which, in
10the judgment of the Agency, may be for the best interests of
11such child, including authorizing medical, surgical and dental
12care and treatment including inoculation and anaesthesia for
13such child.
14    That I wish to and understand that by signing this
15surrender I do irrevocably and permanently give up all custody
16and other parental rights I have to such child.
17    That I understand I cannot under any circumstances, after
18signing this surrender, change my mind and revoke or cancel
19this surrender or obtain or recover custody or any other rights
20over such child.
21    That I have read and understand the above and I am signing
22it as my free and voluntary act.
23    Dated (insert date).
24........................
25    C-5. The form of a Final and Irrevocable Designated
26Surrender for Purposes of Adoption to any agency given by a

 

 

09700HB4028ham002- 24 -LRB097 14710 KTG 68152 a

1parent of a born child who is to be subsequently placed for
2adoption is to be used by legal parents only. The form shall be
3substantially as follows and shall contain such other facts and
4statements as the particular agency shall require:
5
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
6
FOR PURPOSES OF ADOPTION
7    I, .... (relationship, e.g., mother, father, relative,
8guardian) of ...., a ..male child, state:
9    1. That such child was born on ...., at .....
10    2. That I reside at ...., County of ...., and State of
11.....
12    3. That I am of the age of .... years.
13    4. That I do hereby surrender and entrust the entire
14custody and control of such child to the .... (the "Agency"), a
15(public) (licensed) child welfare agency with its principal
16office in the City of ...., County of .... and State of ....,
17for the purpose of enabling it to care for and supervise the
18care of such child, to place such child for adoption with
19............................. (specified person or persons)
20and to consent to the legal adoption of such child and to take
21any and all measures which, in the judgment of the Agency, may
22be for the best interests of such child, including authorizing
23medical, surgical and dental care and treatment including
24inoculation and anesthesia for such child.
25    5. That I wish to and understand that by signing this
26surrender I do irrevocably and permanently give up all custody

 

 

09700HB4028ham002- 25 -LRB097 14710 KTG 68152 a

1and other parental rights I have to such child.
2    6. That if the petition for adoption is not filed by the
3specified person or persons designated herein or, if the
4petition for adoption is filed but the adoption petition is
5dismissed with prejudice or the adoption proceeding is
6otherwise concluded without an order declaring the child to be
7the adopted child of each specified person, then I understand
8that the Agency will provide notice to me within 10 business
9days and that such notice will be directed to me using the
10contact information I have provided to the Agency. I understand
11that I will have 10 business days from the date that the Agency
12sends me its notice to respond, within which time I may choose
13to designate other adoptive parent(s). However, I acknowledge
14that the Agency has full power and authority to place the child
15for adoption with any person or persons it may in its sole
16discretion select to become the adopting parent or parents and
17to consent to the legal adoption of the child by such person or
18persons.
19    7. That I acknowledge that this surrender is valid even if
20the specified persons separate or divorce or one of the
21specified persons dies prior to the entry of the final judgment
22for adoption.
23    8. That I expressly acknowledge that the above paragraphs 6
24and 7 do not impair the validity and absolute finality of this
25surrender under any circumstance.
26    9. That I understand that I have a remaining obligation to

 

 

09700HB4028ham002- 26 -LRB097 14710 KTG 68152 a

1keep the Agency informed of my current contact information
2until the adoption of the child has been finalized if I wish to
3be notified in the event the adoption by the specified
4person(s) cannot proceed.
5    10. That I understand I cannot under any circumstances,
6after signing this surrender, change my mind and revoke or
7cancel this surrender or obtain or recover custody or any other
8rights over such child.
9    11. That I have read and understand the above and I am
10signing it as my free and voluntary act.
11    Dated (insert date).
12..............................
13    D. The form of surrender to an agency given by a parent of
14an unborn child who is to be subsequently placed for adoption
15shall be substantially as follows and shall contain such other
16facts and statements as the particular agency shall require.
17
SURRENDER OF UNBORN CHILD FOR
18
PURPOSES OF ADOPTION
19    I, .... (father), state:
20    That I am the father of a child expected to be born on or
21about .... to .... (name of mother).
22    That I reside at ...., County of ...., and State of .....
23    That I am of the age of .... years.
24    That I do hereby surrender and entrust the entire custody
25and control of such child to the .... (the "Agency"), a
26(public) (licensed) child welfare agency with its principal

 

 

09700HB4028ham002- 27 -LRB097 14710 KTG 68152 a

1office in the City of ...., County of .... and State of ....,
2for the purpose of enabling it to care for and supervise the
3care of such child, to place such child for adoption and to
4consent to the legal adoption of such child, and that I have
5not previously executed a consent or surrender with respect to
6such child.
7    That I hereby grant to the Agency full power and authority
8to place such child with any person or persons it may in its
9sole discretion select to become the adopting parent or parents
10and to consent to the legal adoption of such child by such
11person or persons; and to take any and all measures which, in
12the judgment of the Agency, may be for the best interests of
13such child, including authorizing medical, surgical and dental
14care and treatment, including inoculation and anaesthesia for
15such child.
16    That I wish to and understand that by signing this
17surrender I do irrevocably and permanently give up all custody
18and other parental rights I have to such child.
19    That I understand I cannot under any circumstances, after
20signing this surrender, change my mind and revoke or cancel
21this surrender or obtain or recover custody or any other rights
22over such child, except that I have the right to revoke this
23surrender by giving written notice of my revocation not later
24than 72 hours after the birth of such child.
25    That I have read and understand the above and I am signing
26it as my free and voluntary act.

 

 

09700HB4028ham002- 28 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 29 -LRB097 14710 KTG 68152 a

1person of a child sought to be adopted, appointed by a court of
2competent jurisdiction, shall set forth the facts of such
3appointment and the authority of the guardian to execute such
4consent.
5    H. A consent (other than that given by an agency, or
6guardian of the person of the child sought to be adopted who
7was appointed by a court of competent jurisdiction) shall be
8acknowledged by a parent before a judge of a court of competent
9jurisdiction or, except as otherwise provided in this Act,
10before a representative of an agency, or before a person, other
11than the attorney for the prospective adoptive parent or
12parents, designated by a court of competent jurisdiction.
13    I. A surrender, or any other document equivalent to a
14surrender, by which a child is surrendered to an agency shall
15be acknowledged by the person signing such surrender, or other
16document, before a judge of a court of competent jurisdiction,
17or, except as otherwise provided in this Act, before a
18representative of an agency, or before a person designated by a
19court of competent jurisdiction.
20    J. The form of the certificate of acknowledgment for a
21consent, a surrender, or any other document equivalent to a
22surrender, shall be substantially as follows:
23STATE OF ....)
24             ) SS.
25COUNTY OF ...)
26    I, .... (Name of judge or other person), .... (official

 

 

09700HB4028ham002- 30 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 31 -LRB097 14710 KTG 68152 a

1be the same person whose name is subscribed to the foregoing
2certificate of acknowledgment, appeared before me in person and
3acknowledged that (she) (he) signed such certificate as (her)
4(his) free and voluntary act and that the statements made in
5the certificate are true.
6    Dated (insert date).
7    
Signature ...................... Notary Public
8
(official seal)

 
9    There shall be attached a certificate of magistracy, or
10other comparable proof of office of the notary public
11satisfactory to the court, to a consent signed and acknowledged
12in another state.
13    L. A surrender or consent executed and acknowledged outside
14of this State, either in accordance with the law of this State
15or in accordance with the law of the place where executed, is
16valid.
17    M. Where a consent or a surrender is signed in a foreign
18country, the execution of such consent shall be acknowledged or
19affirmed in a manner conformable to the law and procedure of
20such country.
21    N. If the person signing a consent or surrender is in the
22military service of the United States, the execution of such
23consent or surrender may be acknowledged before a commissioned
24officer and the signature of such officer on such certificate
25shall be verified or acknowledged before a notary public or by

 

 

09700HB4028ham002- 32 -LRB097 14710 KTG 68152 a

1such other procedure as is then in effect for such division or
2branch of the armed forces.
3    O. (1) The parent or parents of a child in whose interests
4a petition under Section 2-13 of the Juvenile Court Act of 1987
5is pending may, with the approval of the designated
6representative of the Department of Children and Family
7Services ("Department" or "DCFS"), execute a consent to
8adoption by a specified person or persons:
9        (a) in whose physical custody the child has resided for
10    at least 6 months; or
11        (b) in whose physical custody at least one sibling of
12    the child who is the subject of this consent has resided
13    for at least 6 months, and the child who is the subject of
14    this consent is currently residing in this foster home; or
15        (c) in whose physical custody a child under one year of
16    age has resided for at least 3 months.
17The court may waive the time frames in subdivisions (a), (b),
18and (c) for good cause shown if the court finds it to be in the
19child's best interests.
20A consent under this subsection O shall be acknowledged by a
21parent pursuant to subsection H and subsection K of this
22Section.
23    (2) The final and irrevocable consent to adoption by a
24specified person or persons in a Department of Children and
25Family Services (DCFS) case consent to adoption by a specified
26person or persons shall have the caption of the proceeding in

 

 

09700HB4028ham002- 33 -LRB097 14710 KTG 68152 a

1which it is to be filed and shall be substantially as follows:
2
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
3
A SPECIFIED PERSON OR PERSONS: DCFS CASE
4    I, ......................................, the
5.................. (mother or father) of a ....male child,
6state:
7        1. My child ............................ (name of
8    child) was born on (insert date) at ....................
9    Hospital in the municipality of ........., in
10    ................ County, State of ...............
11        2. I reside at ......................, County of
12    ............. and State of ..............
13        Mail may also be sent to me at this address
14    ............................, in care of .................
15        My home telephone number is..........................
16        My cell telephone number is..........................
17        My e-mail address is.................................
18        3. I, ..........................., am .... years old.
19        4. I enter my appearance in this action for my child to
20    be adopted to adopt my child by the person or persons
21    specified herein by me and waive service of summons on me
22    in this action only.
23        5. I hereby acknowledge that I have been provided a
24    copy of the Birth Parent Rights and Responsibilities for
25    DCFS Cases before signing this Consent and that I have had
26    time to read this form or have it read to me and that I

 

 

09700HB4028ham002- 34 -LRB097 14710 KTG 68152 a

1    understand the rights and responsibilities described in
2    this form. I understand that if I do not receive any of my
3    rights as described in the form, it shall not constitute a
4    basis to revoke this Final and Irrevocable Consent to
5    Adoption by a Specified Person or Persons.
6        6. I do hereby consent and agree to the adoption of
7    such child by .......... (specified person or persons)
8    only.
9        7. I wish to sign this consent and I understand that by
10    signing this consent I irrevocably and permanently give up
11    all my parental rights I have to my child.
12        8. I understand that this consent allows my child to be
13    adopted by .......... only and that I cannot under any
14    circumstances after signing this document change my mind
15    and revoke or cancel this consent.
16        9. I understand that this consent will be void if:
17            (a) the Department places my child with someone
18        other than the specified person or persons; or
19            (b) a court denies the adoption petition for the
20        specified person or persons to adopt my child; or
21            (c) the DCFS Guardianship Administrator refuses to
22        consent to my child's adoption by the specified person
23        or persons on the basis that the adoption is not in my
24        child's best interests.
25        I understand that if this consent is void I have
26    parental rights to my child, subject to any applicable

 

 

09700HB4028ham002- 35 -LRB097 14710 KTG 68152 a

1    court orders including those entered under Article II of
2    the Juvenile Court Act of 1987, unless and until I sign a
3    new consent or surrender or my parental rights are
4    involuntarily terminated. I understand that if this
5    consent is void, my child may be adopted by someone other
6    than the specified person or persons only if I sign a new
7    consent or surrender, or my parental rights are
8    involuntarily terminated. I understand that if this
9    consent is void, the Department will notify me within 30
10    days using the addresses and telephone numbers I provided
11    in paragraph 2 of this form. I understand that if I receive
12    such a notice, it is very important that I contact the
13    Department immediately, and preferably within 30 days, to
14    have input into the plan for my child's future.
15        10. I understand that if a petition for adoption of my
16    child is filed by someone other than the specified person
17    or persons, the Department will notify me within 14 days
18    after the Department becomes aware of the petition. The
19    fact that someone other than the specified person or
20    persons files a petition to adopt my child does not make
21    this consent void.
22        11. If a person other than the specified person or
23    persons files a petition to adopt my child or if the
24    consent is void under paragraph 9, the Department will send
25    written notice to me using the mailing address and email
26    address provided by me in paragraph 2 of this form. The

 

 

09700HB4028ham002- 36 -LRB097 14710 KTG 68152 a

1    Department will also contact me using the telephone numbers
2    I provided in paragraph 2 of this form. It is very
3    important that I let the Department know if any of my
4    contact information changes. If I do not let the Department
5    know if any of my contact information changes, I understand
6    that I may not receive notification from the Department if
7    this consent is void or if someone other than the specified
8    person or persons files a petition to adopt my child. If
9    any of my contact information changes, I should immediately
10    notify:
11        Caseworker's name and telephone number:
12    ............................................................;
13        Agency name, address, zip code, and telephone number:
14    ............................................................;
15        Supervisor's name and telephone number:
16    ............................................................;
17    DCFS Advocacy Office for Children and Families:
18    800-232-3798.
19        12. I expressly acknowledge that paragraph 9 (and
20    paragraphs 8a and 8b, if applicable) do not impair the
21    validity and finality of this consent under any
22    circumstances.
23         I consent to the adoption of my child by
24    ............................. (specified person or
25    persons) only.
26         I wish to sign this consent and I understand that by

 

 

09700HB4028ham002- 37 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 38 -LRB097 14710 KTG 68152 a

1    signing it as my free and voluntary act.
2        Dated (insert date).
3        .............................................
4        Signature of parent
5    (3) If the parent consents to an adoption by 2 specified
6persons, then the form shall contain 2 additional paragraphs in
7substantially the following form:
8        8a. If ............... (specified persons) get a
9    divorce or are granted a dissolution of a civil union
10    before the petition to adopt my child is granted, this
11    consent is valid for ........... (specified person) to
12    adopt my child. I understand that I cannot change my mind
13    or revoke this consent or recover custody of my child on
14    the basis that the specified persons divorce or are granted
15    a dissolution of a civil union. then .......... (specified
16    person) shall adopt my child. I understand that I cannot
17    change my mind and revoke this consent or obtain or recover
18    custody over my child if ............. (specified persons)
19    divorce and ............. (specified person) adopts my
20    child. I understand that I cannot change my mind and revoke
21    this consent or obtain or recover custody over my child if
22    ................. (specified persons) divorce after the
23    adoption is final. I understand that this consent to
24    adoption has no effect on who will get custody of my child
25    if they divorce after the adoption is final.
26        8b. I understand that if either ...............

 

 

09700HB4028ham002- 39 -LRB097 14710 KTG 68152 a

1    (specified persons) dies before the petition to adopt my
2    child is granted, this consent remains valid for the
3    surviving person to adopt my child. I understand that I
4    cannot change my mind or revoke this consent or recover
5    custody of my child on the basis that one of the specified
6    persons dies. then the surviving person can adopt my child.
7    I understand that I cannot change my mind and revoke this
8    consent or obtain or recover custody over my child if the
9    surviving person adopts my child.
10    A consent to adoption by specified persons on this form
11shall have no effect on a court's determination of custody or
12visitation under the Illinois Marriage and Dissolution of
13Marriage Act if the marriage of the specified persons is
14dissolved after the adoption is final.
15    (4) The form of the certificate of acknowledgement for a
16Final and Irrevocable Consent for Adoption by a Specified
17Person or Persons: DCFS Case shall be substantially as follows:
 
18STATE OF ..............)
19                       ) SS.
20COUNTY OF .............)
 
21    I, .................... (Name of Judge or other person),
22..................... (official title, name, and address),
23certify that ............., personally known to me to be the
24same person whose name is subscribed to the foregoing Final and

 

 

09700HB4028ham002- 40 -LRB097 14710 KTG 68152 a

1Irrevocable Consent for Adoption by a Specified Person or
2Persons: DCFS Case, appeared before me this day in person and
3acknowledged that (she)(he) signed and delivered the consent as
4(her)(his) free and voluntary act, for the specified purpose.
5    I have fully explained that this consent to adoption is
6valid only if the petition to adopt is filed within one year
7from the date that it is signed, and that if the specified
8person or persons, for any reason, cannot or will not adopt the
9child or if the adoption petition is denied, then this consent
10will be voidable after one year upon the timely filing of a
11motion by the parent to revoke the consent. I explained that if
12this motion is filed before the filing of the petition for
13adoption, the court shall revoke this specific consent. I have
14fully explained that if the specified person or persons adopt
15the child, by signing this consent this parent is irrevocably
16and permanently relinquishing all parental rights to the child
17so that the child may be adopted by a specified person or
18persons, and this parent has stated that such is (her)(his)
19intention and desire. I have fully explained that this consent
20is void only if:
21        (a) the placement is disrupted and the child is moved
22    to a different placement; or
23        (b) a court denies the petition for adoption; or
24        (c) the Department of Children and Family Services
25    Guardianship Administrator refuses to consent to the
26    child's adoption by a specified person or persons on the

 

 

09700HB4028ham002- 41 -LRB097 14710 KTG 68152 a

1    basis that the adoption is not in the child's best
2    interests.
3    Dated (insert date).
4    ...............................
5    Signature
6    (5) If a consent to adoption by a specified person or
7persons is executed in this form, the following provisions
8shall apply. The consent shall be valid only for the if that
9specified person or persons to adopt the child. The consent
10shall be void voidable after one year if:
11        (a) the placement disrupts and the child is moved to
12    another placement the specified person or persons do not
13    file a petition to adopt the child within one year after
14    the consent is signed and the parent files a timely motion
15    to revoke this consent. If this motion is filed before the
16    filing of the petition for adoption the court shall revoke
17    this consent; or
18        (b) a court denies the petition for adoption a court
19    denies the adoption petition; or
20        (c) the Department of Children and Family Services
21    Guardianship Administrator refuses to consent to the
22    child's adoption by the specified person or persons on the
23    basis that the adoption is not in the child's best
24    interests determines that the specified person or persons
25    will not or cannot complete the adoption, or in the best
26    interests of the child should not adopt the child.

 

 

09700HB4028ham002- 42 -LRB097 14710 KTG 68152 a

1    If the consent is void under this Section, the parent shall
2not need to take further action to revoke the consent. No
3proceeding for termination of parental rights shall be brought
4unless the parent who executed the consent to adoption by a
5specified person or persons has been notified of the
6proceedings pursuant to Section 7 of this Act or subsection (4)
7of Section 2-13 of the Juvenile Court Act of 1987. Within 30
8days of the consent becoming void, the Department of Children
9and Family Services Guardianship Administrator shall make good
10faith attempts to notify the parent in writing and shall give
11written notice to the court and all additional parties in
12writing that the adoption has not occurred or will not occur
13and that the consent is void. If the adoption by a specified
14person or persons does not occur, no proceeding for termination
15of parental rights shall be brought unless the biological
16parent who executed the consent to adoption by a specified
17person or persons has been notified of the proceeding pursuant
18to Section 7 of this Act or subsection (4) of Section 2-13 of
19the Juvenile Court Act of 1987. The parent shall not need to
20take further action to revoke the consent if the specified
21adoption does not occur, notwithstanding the provisions of
22Section 11 of this Act.
23    (6) The Department of Children and Family Services is
24authorized to promulgate rules necessary to implement this
25subsection O.
26    (7) (Blank). The Department shall collect and maintain data

 

 

09700HB4028ham002- 43 -LRB097 14710 KTG 68152 a

1concerning the efficacy of specific consents. This data shall
2include the number of specific consents executed and their
3outcomes, including but not limited to the number of children
4adopted pursuant to the consents, the number of children for
5whom adoptions are not completed, and the reason or reasons why
6the adoptions are not completed.
7    (8) The Department of Children and Family Services shall
8promulgate a rule and procedures regarding Consents to Adoption
9by a Specified Person or Persons in DCFS cases. The rule and
10procedures shall provide for the development of the Birth
11Parent Rights and Responsibilities Form for DCFS Cases.
12    (9) A consent to adoption by specified persons on this
13consent form shall have no effect on a court's determination of
14custody or visitation under the Illinois Marriage and
15Dissolution of Marriage Act or the Illinois Religious Freedom
16Protection and Civil Union Act if the marriage or civil union
17of the specified persons is dissolved after the adoption is
18final.
19    P. If the person signing a consent is incarcerated or
20detained in a correctional facility, prison, jail, detention
21center, or other comparable institution, either in this State
22or any other jurisdiction, the execution of such consent may be
23acknowledged before social service personnel of such
24institution, or before a person designated by a court of
25competent jurisdiction.
26    Q. A consent may be acknowledged telephonically, via

 

 

09700HB4028ham002- 44 -LRB097 14710 KTG 68152 a

1audiovisual connection, or other electronic means, provided
2that a court of competent jurisdiction has entered an order
3approving the execution of the consent in such manner and has
4designated an individual to be physically present with the
5parent executing such consent in order to verify the identity
6of the parent.
7    R. An agency whose representative is acknowledging a
8consent pursuant to this Section shall be a public child
9welfare agency, or a child welfare agency, or a child placing
10agency that is authorized or licensed in the State or
11jurisdiction in which the consent is signed.
12    S. The form of waiver by a putative or legal father of a
13born or unborn child shall be substantially as follows:
 
14
FINAL AND IRREVOCABLE
15
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

 
16    I, .................... , state under oath or affirm as
17follows:
18        1. That the biological mother ............... has
19    named me as a possible biological or legal father of her
20    minor child who was born, or is expected to be born on
21    ..........., ......, in the City/Town of........., State
22    of ...........
23        2. That I understand that the biological mother
24    ............. intends to or has placed the child for

 

 

09700HB4028ham002- 45 -LRB097 14710 KTG 68152 a

1    adoption.
2        3. That I reside at ................, in the City/Town
3    of..........., State of ................
4        4. That I am ................ years of age and my date
5    of birth is ..............., .............
6        5. That I (select one):
7            ..... am married to the biological mother.
8            ..... am not married to the biological mother and
9        have not been married to the biological mother within
10        300 days before the child's birth or expected date of
11        child's birth.
12            ..... am not currently married to the biological
13        mother, but was married to the biological mother,
14        within 300 days before the child's birth or expected
15        date of child's birth.
16        6. That I (select one):
17            ..... neither admit nor deny that I am the
18        biological father of the child.
19            ..... deny that I am the biological father of the
20        child.
21        7. That I hereby agree to the termination of my
22    parental rights, if any, without further notice to me of
23    any proceeding for the adoption of the minor child, even if
24    I have taken any action to establish parental rights or
25    take any such action in the future including registering
26    with any putative father registry.

 

 

09700HB4028ham002- 46 -LRB097 14710 KTG 68152 a

1        8. That I understand that by signing this Waiver I do
2    irrevocably and permanently give up all custody and other
3    parental rights I may have to such child.
4        9. That I understand that this Waiver is FINAL AND
5    IRREVOCABLE and that I am permanently barred from
6    contesting any proceeding for the adoption of the child
7    after I sign this Waiver.
8        10. That I waive any further service of summons or
9    other pleadings in any proceeding to terminate parental
10    rights, if any to this child, or any proceeding for
11    adoption of this child.
12        11. That I understand that if a final judgment or order
13    of adoption for this child is not entered, then any
14    parental rights or responsibilities that I may have remain
15    intact.
16        12. That I have read and understand the above and that
17    I am signing it as my free and voluntary act.
 
18    Dated: ................... , ..............
19    ...........................................
20    Signature
 
21
OATH
22I have been duly sworn and I state under oath that I have read
23and understood this Final and Irrevocable Waiver of Parental
24Rights of Putative or Legal Father. The facts contained in it

 

 

09700HB4028ham002- 47 -LRB097 14710 KTG 68152 a

1are true and correct to the best of my knowledge. I have signed
2this document as my free and voluntary act in order to
3facilitate the adoption of the child.
 
4..............................
5Signature
 
6Signed and Sworn before me on
7this ............ day
8of ..........., 20....
 
9...................
10Notary Public
11(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11;
1297-493, eff. 8-22-11.)
 
13    (750 ILCS 50/18.08 new)
14    Sec. 18.08. Adoption Advisory Council.
15    (a) There shall be established under the Department of
16Public Health the Adoption Advisory Council. The Council shall
17include:
18        (1) the Director of the Department of Public Health, or
19    his or her designee, who shall serve as the chairperson of
20    the Council;
21        (2) the Director of the Department of Children and
22    Family Services, or his or her designee;

 

 

09700HB4028ham002- 48 -LRB097 14710 KTG 68152 a

1        (3) an attorney representing the Attorney General's
2    Office appointed by the Attorney General;
3        (4) a currently certified confidential intermediary
4    appointed by the Director of the Department of Children and
5    Family Services;
6        (5) one representative from each of the following
7    organizations appointed by the Director of the Department
8    of Public Health: Adoption Advocates of Illinois, Adoptive
9    Families Today, Catholic Conference of Illinois, Chicago
10    Area Families for Adoption, Chicago Bar Association, Child
11    Care Association of Illinois, Children Remembered, Inc.,
12    Children's Home and Aid Society of Illinois, Child Welfare
13    Advisory Council, The Cradle, Healing Hearts, Illinois
14    Foster Parents Association, Illinois State Bar
15    Association, Illinois State Medical Society, Jewish
16    Children's Bureau, LDS Social Services, Lutheran Social
17    Services of Illinois, Maryville Academy, Midwest Adoption
18    Center, St. Mary's Services, Stars of David, and
19    Truthseekers in Adoption;
20        (6) 5 additional members appointed by the Director of
21    the Department of Children and Family Services who shall,
22    when making those appointments, consider advocates for
23    adopted persons, adoptive parents, or birth parents,
24    lawyers who represent clients in private adoptions,
25    lawyers specializing in privacy law, and representatives
26    of agencies involved in adoptions; and

 

 

09700HB4028ham002- 49 -LRB097 14710 KTG 68152 a

1        (7) an attorney from the Department of Children and
2    Family Services and the person directly responsible for
3    administering the confidential intermediary program, who
4    shall serve as ex-officio, non-voting advisors to the
5    Council.
6    (b) If any one of the named organizations in item (5) of
7subsection (a) notifies the Director of the Department of
8Public Health in writing that the organization does not wish to
9participate on the Adoption Advisory Council or that the
10organization is no longer functioning, the Director may
11designate another organization that represents the same
12constituency as the named organization to replace the named
13organization on the Council.
14    (c) Council members shall receive no compensation for their
15service. The Council shall meet no less often than once every 6
16months and shall meet as the Director of the Department of
17Public Health deems necessary. The council shall make
18recommendations regarding the development of rules,
19procedures, and forms that will ensure the efficient and
20effective operation of the adoption process in Illinois and the
21effective delivery of adult post-adoption services in
22Illinois, including:
23        (1) advising the Department of Public Health on the
24    development of rules, procedures, and forms utilized by the
25    Illinois Adoption Registry and Medical Information
26    Exchange;

 

 

09700HB4028ham002- 50 -LRB097 14710 KTG 68152 a

1        (2) making recommendations regarding the procedures,
2    tools, and technology that will ensure efficient and
3    effective operation of the Registry;
4        (3) assisting the Department of Public Health with the
5    development, publication, and circulation of an
6    informational pamphlet that describes the purpose,
7    function, and mechanics of the Illinois Adoption Registry
8    and Medical Information Exchange, including information
9    about who is eligible to register and how to register;
10    information about the questions and concerns that
11    registrants may develop when they register or when they
12    receive information from the Registry; and a list of
13    services, programs, groups, and informational websites
14    that are available to assist registrants with their
15    questions and concerns;
16        (4) collecting, compiling, and reviewing statistical
17    data and empirical information concerning the procedures
18    in the Registry including, but not limited to, data
19    concerning the filing of Denials of Information Exchange,
20    Information Exchange Authorizations, Requests for a
21    Non-Certified Copy of an Original Birth Certificate, and
22    Birth Parent Preference Forms;
23        (5) making recommendations regarding the standards for
24    certification for confidential intermediaries;
25        (6) reviewing compliance with all appropriate laws
26    including, but not limited to, P.A. 96-895 and this

 

 

09700HB4028ham002- 51 -LRB097 14710 KTG 68152 a

1    amendatory Act of the 97th General Assembly;
2        (7) overseeing methods used to verify that
3    intermediaries are complying with the appropriate laws;
4        (8) assisting the Department of Children and Family
5    Services with training for confidential intermediaries,
6    including training with respect to federal and State
7    privacy laws;
8        (9) reviewing the relationship between confidential
9    intermediaries and the court system and making
10    recommendations concerning sample orders that define the
11    scope of the intermediaries' access to information;
12        (10) considering any recent violations of policy or
13    procedures by confidential intermediaries and remedial
14    steps, including decertification, which might be
15    recommended so as to prevent future violations; and
16        (11) reviewing reports from the Department of Children
17    and Family Services submitted by July 1 and January 1 of
18    each year in order detailing the penalties assessed and
19    collected, the amounts of related deposits into the DCFS
20    Children's Services Fund, and any expenditures from such
21    deposits.
22    (d) Within 45 days after the effective date of this
23amendatory Act of the 97th General Assembly, both the Adoption
24Registry Advisory Council and the Confidential Intermediary
25Council shall, notwithstanding any other provision of this Act,
26turn over the Council's records to the Adoption Advisory

 

 

09700HB4028ham002- 52 -LRB097 14710 KTG 68152 a

1Council and cease to function.
 
2    (750 ILCS 50/18.3a)  (from Ch. 40, par. 1522.3a)
3    Sec. 18.3a. Confidential intermediary.
4    (a) General purposes. Notwithstanding any other provision
5of this Act, any adopted or surrendered person 21 years of age
6or over, any adoptive parent or legal guardian of an adopted or
7surrendered person under the age of 21, or any birth parent of
8an adopted or surrendered person who is 21 years of age or over
9may petition the court in any county in the State of Illinois
10for appointment of a confidential intermediary as provided in
11this Section for the purpose of exchanging medical information
12with one or more mutually consenting biological relatives,
13obtaining identifying information about one or more mutually
14consenting biological relatives, or arranging contact with one
15or more mutually consenting biological relatives.
16Additionally, in cases where an adopted or surrendered person
17is deceased, an adult child of the adopted or surrendered
18person or his or her adoptive parents or surviving spouse may
19file a petition under this Section and in cases where the birth
20parent is deceased, an adult birth sibling of the adopted or
21surrendered person or of the deceased birth parent may file a
22petition under this Section for the purpose of exchanging
23medical information with one or more mutually consenting
24biological relatives of the adopted or surrendered person,
25obtaining identifying information about one or more mutually

 

 

09700HB4028ham002- 53 -LRB097 14710 KTG 68152 a

1consenting biological relatives of the adopted or surrendered
2person, or arranging contact with one or more mutually
3consenting biological relatives of the adopted or surrendered
4person. Beginning January 1, 2006, any adopted or surrendered
5person 21 years of age or over; any adoptive parent or legal
6guardian of an adopted or surrendered person under the age of
721; any birth parent, birth sibling, birth aunt, or birth uncle
8of an adopted or surrendered person over the age of 21; any
9surviving child, adoptive parent, or surviving spouse of a
10deceased adopted or surrendered person who wishes to petition
11the court for the appointment of a confidential intermediary
12shall be required to accompany their petition with proof of
13registration with the Illinois Adoption Registry and Medical
14Information Exchange.
15    (b) Petition. Upon petition by an adopted or surrendered
16person 21 years of age or over (an "adult adopted or
17surrendered person"), an adoptive parent or legal guardian of
18an adopted or surrendered person under the age of 21, or a
19birth parent of an adopted or surrendered person who is 21
20years of age or over, the court shall appoint a confidential
21intermediary. Upon petition by an adult child, adoptive parent
22or surviving spouse of an adopted or surrendered person who is
23deceased, by an adult birth sibling of an adopted or
24surrendered person whose common birth parent is deceased and
25whose adopted or surrendered birth sibling is 21 years of age
26or over, or by an adult sibling of a birth parent who is

 

 

09700HB4028ham002- 54 -LRB097 14710 KTG 68152 a

1deceased, and whose surrendered child is 21 years of age or
2over, the court may appoint a confidential intermediary if the
3court finds that the disclosure is of greater benefit than
4nondisclosure. The petition shall state which biological
5relative or relatives are being sought and shall indicate if
6the petitioner wants to do any one or more of the following:
7exchange medical information with the biological relative or
8relatives, obtain identifying information from the biological
9relative or relatives, or to arrange contact with the
10biological relative.
11    (c) Order. The order appointing the confidential
12intermediary shall allow that intermediary to conduct a search
13for the sought-after relative by accessing those records
14described in subsection (g) of this Section.
15    (d) Fees and expenses. The court shall not condition the
16appointment of the confidential intermediary on the
17petitioner's payment of the intermediary's fees and expenses in
18advance of the commencement of the work of the confidential
19intermediary. No However, no fee shall be charged if the
20petitioner is an adult adopted or surrendered person and the
21sought-after relative is a birth parent who filed or who did
22not file a Denial with the Registry prior to January 1, 2011,
23or filed a Birth Parent Preference Form on which Option E was
24selected after January 1, 2011 and more than 5 years have
25transpired since the birth parent filed the Denial of
26Information Exchange or Birth Parent Preference Form on which

 

 

09700HB4028ham002- 55 -LRB097 14710 KTG 68152 a

1Option E was selected.
2    (e) Eligibility of intermediary. The court may appoint as
3confidential intermediary any person certified by the
4Department of Children and Family Services as qualified to
5serve as a confidential intermediary. Certification shall be
6dependent upon the confidential intermediary completing a
7course of training including, but not limited to, applicable
8federal and State privacy laws.
9    (f) (Blank). Confidential Intermediary Council. There
10shall be established under the Department of Children and
11Family Services a Confidential Intermediary Advisory Council.
12One member shall be an attorney representing the Attorney
13General's Office appointed by the Attorney General. One member
14shall be a currently certified confidential intermediary
15appointed by the Director of the Department of Children and
16Family Services. The Director shall also appoint 5 additional
17members. When making those appointments, the Director shall
18consider advocates for adopted persons, adoptive parents,
19birth parents, lawyers who represent clients in private
20adoptions, lawyers specializing in privacy law, and
21representatives of agencies involved in adoptions. The
22Director shall appoint one of the 7 members as the chairperson.
23An attorney from the Department of Children and Family Services
24and the person directly responsible for administering the
25confidential intermediary program shall serve as ex-officio,
26non-voting advisors to the Council. Council members shall serve

 

 

09700HB4028ham002- 56 -LRB097 14710 KTG 68152 a

1at the discretion of the Director and shall receive no
2compensation other than reasonable expenses approved by the
3Director. The Council shall meet no less than twice yearly and
4shall meet at least once yearly with the Registry Advisory
5Council, and shall make recommendations to the Director
6regarding the development of rules, procedures, and forms that
7will ensure efficient and effective operation of the
8confidential intermediary process, including:
9        (1) Standards for certification for confidential
10    intermediaries.
11        (2) Oversight of methods used to verify that
12    intermediaries are complying with the appropriate laws.
13        (3) Training for confidential intermediaries,
14    including training with respect to federal and State
15    privacy laws.
16        (4) The relationship between confidential
17    intermediaries and the court system, including the
18    development of sample orders defining the scope of the
19    intermediaries' access to information.
20        (5) Any recent violations of policy or procedures by
21    confidential intermediaries and remedial steps, including
22    decertification, to prevent future violations.
23    (g)  Access. Subject to the limitations of subsection (i)
24of this Section, the confidential intermediary shall have
25access to vital records or a comparable public entity that
26maintains vital records in another state in accordance with

 

 

09700HB4028ham002- 57 -LRB097 14710 KTG 68152 a

1that state's laws, maintained by the Department of Public
2Health and its local designees for the maintenance of vital
3records or a comparable public entity that maintains vital
4records in another state in accordance with that state's laws
5and all records of the court or any adoption agency, public or
6private, as limited in this Section, which relate to the
7adoption or the identity and location of an adopted or
8surrendered person, of an adult child or surviving spouse of a
9deceased adopted or surrendered person, or of a birth parent,
10birth sibling, or the sibling of a deceased birth parent. The
11confidential intermediary shall not have access to any personal
12health information protected by the Standards for Privacy of
13Individually Identifiable Health Information adopted by the
14U.S. Department of Health and Human Services under the Health
15Insurance Portability and Accountability Act of 1996 unless the
16confidential intermediary has obtained written consent from
17the person whose information is being sought by an adult
18adopted or surrendered person or, if that person is a minor
19child, that person's parent or guardian. Confidential
20intermediaries shall be authorized to inspect confidential
21relinquishment and adoption records. The confidential
22intermediary shall not be authorized to access medical records,
23financial records, credit records, banking records, home
24studies, attorney file records, or other personal records. In
25cases where a birth parent is being sought, an adoption agency
26shall inform the confidential intermediary of any statement

 

 

09700HB4028ham002- 58 -LRB097 14710 KTG 68152 a

1filed pursuant to Section 18.3, hereinafter referred to as "the
218.3 statement", indicating a desire of the surrendering birth
3parent to have identifying information shared or to not have
4identifying information shared. If there was a clear statement
5of intent by the sought-after birth parent not to have
6identifying information shared, the confidential intermediary
7shall discontinue the search and inform the petitioning party
8of the sought-after relative's intent unless the birth parent
9filed the 18.3 statement prior to the effective date of this
10amendatory Act of the 96th General Assembly and more than 5
11years have elapsed since the filing of the 18.3 statement. If
12the adult adopted or surrendered person is the subject of an
1318.3 statement indicating a desire not to establish contact
14which was filed more than 5 years prior to the search request,
15the confidential intermediary shall confirm the petitioner's
16desire to continue the search. Information provided to the
17confidential intermediary by an adoption agency shall be
18restricted to the full name, date of birth, place of birth,
19last known address, last known telephone number of the
20sought-after relative or, if applicable, of the children or
21siblings of the sought-after relative, and the 18.3 statement.
22    (h) Adoption agency disclosure of medical information. If
23the petitioner is an adult adopted or surrendered person or the
24adoptive parent of a minor and if the petitioner has signed a
25written authorization to disclose personal medical
26information, an adoption agency disclosing information to a

 

 

09700HB4028ham002- 59 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 60 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 61 -LRB097 14710 KTG 68152 a

1through the State confidential intermediary program, the
2confidential intermediary shall inform the petitioner of the
3need to discontinue the search until 10 years or more have
4elapsed since the initial search was closed. In cases where a
5birth parent has been the object of 2 searches through the
6State confidential intermediary program, no subsequent search
7for the birth parent shall be authorized absent a court order
8to the contrary.
9    In conducting a search under this Section, the confidential
10intermediary shall attempt to locate the relative or relatives
11from whom the petitioner has requested information. If the
12sought-after relative is deceased or cannot be located after a
13diligent search, the confidential intermediary may contact
14other adult relatives of the sought-after relative.
15    The confidential intermediary shall contact a sought-after
16relative on behalf of the petitioner in a manner that respects
17the sought-after relative's privacy and shall inform the
18sought-after relative of the petitioner's request for medical
19information, identifying information or contact as stated in
20the petition. Based upon the terms of the petitioner's request,
21the confidential intermediary shall contact a sought-after
22relative on behalf of the petitioner and inform the
23sought-after relative of the following options:
24        (1) The sought-after relative may totally reject one or
25    all of the requests for medical information, identifying
26    information or contact. The sought-after relative shall be

 

 

09700HB4028ham002- 62 -LRB097 14710 KTG 68152 a

1    informed that they can provide a medical questionnaire to
2    be forwarded to the petitioner without releasing any
3    identifying information. The confidential intermediary
4    shall inform the petitioner of the sought-after relative's
5    decision to reject the sharing of information or contact.
6        (2) The sought-after relative may consent to
7    completing a medical questionnaire only. In this case, the
8    confidential intermediary shall provide the questionnaire
9    and ask the sought-after relative to complete it. The
10    confidential intermediary shall forward the completed
11    questionnaire to the petitioner and inform the petitioner
12    of the sought-after relative's desire to not provide any
13    additional information.
14        (3) The sought-after relative may communicate with the
15    petitioner without having his or her identity disclosed. In
16    this case, the confidential intermediary shall arrange the
17    desired communication in a manner that protects the
18    identity of the sought-after relative. The confidential
19    intermediary shall inform the petitioner of the
20    sought-after relative's decision to communicate but not
21    disclose his or her identity.
22        (4) The sought-after relative may consent to initiate
23    contact with the petitioner. If both the petitioner and the
24    sought-after relative or relatives are eligible to
25    register with the Illinois Adoption Registry, the
26    confidential intermediary shall provide the necessary

 

 

09700HB4028ham002- 63 -LRB097 14710 KTG 68152 a

1    application forms and request that the sought-after
2    relative register with the Illinois Adoption Registry. If
3    either the petitioner or the sought-after relative or
4    relatives are ineligible to register with the Illinois
5    Adoption Registry, the confidential intermediary shall
6    obtain written consents from both parties that they wish to
7    disclose their identities to each other and to have contact
8    with each other.
9    (j) Oath. The confidential intermediary shall sign an oath
10of confidentiality substantially as follows: "I, ..........,
11being duly sworn, on oath depose and say: As a condition of
12appointment as a confidential intermediary, I affirm that:
13        (1) I will not disclose to the petitioner, directly or
14    indirectly, any confidential information except in a
15    manner consistent with the law.
16        (2) I recognize that violation of this oath subjects me
17    to civil liability and to a potential finding of contempt
18    of court. ................................
19SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert
20date)
21................................."
22    (k) Sanctions.
23        (1) Any confidential intermediary who improperly
24    discloses confidential information identifying a
25    sought-after relative shall be liable to the sought-after
26    relative for damages and may also be found in contempt of

 

 

09700HB4028ham002- 64 -LRB097 14710 KTG 68152 a

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

 

 

09700HB4028ham002- 65 -LRB097 14710 KTG 68152 a

1search shall be kept strictly confidential and shall be used
2for the purpose of arranging contact between the petitioner and
3the sought-after birth relative. At the time the case is
4closed, all identifying information shall be returned to the
5court for inclusion in the impounded adoption file.
6    (n) If the petitioner is an adopted or surrendered person
721 years of age or over or the adoptive parent or legal
8guardian of an adopted or surrendered person under the age of
921, any non-identifying information, as defined in Section
1018.4, that is ascertained during the course of the search may
11be given in writing to the petitioner at any time during the
12search before the case is closed.
13    (o) Except as provided in subsection (k) of this Section,
14no liability shall accrue to the State, any State agency, any
15judge, any officer or employee of the court, any certified
16confidential intermediary, or any agency designated to oversee
17confidential intermediary services for acts, omissions, or
18efforts made in good faith within the scope of this Section.
19    (p) An adoption agency that has received a request from a
20confidential intermediary for the full name, date of birth,
21last known address, or last known telephone number of a
22sought-after relative pursuant to subsection (g) of Section
2318.3a, or for medical information regarding a sought-after
24relative pursuant to subsection (h) of Section 18.3a, must
25satisfactorily comply with this court order within a period of
2645 days. The court shall order the adoption agency to reimburse

 

 

09700HB4028ham002- 66 -LRB097 14710 KTG 68152 a

1the petitioner in an amount equal to all payments made by the
2petitioner to the confidential intermediary, and the adoption
3agency shall be subject to a civil monetary penalty of $1,000
4to be paid to the Department of Children and Family Services.
5Following the issuance of a court order finding that the
6adoption agency has not complied with Section 18.3, the
7adoption agency shall be subject to a monetary penalty of $500
8per day for each subsequent day of non-compliance. Proceeds
9from such fines shall be utilized by the Department of Children
10and Family Services to subsidize the fees of petitioners as
11referenced in subsection (d) of this Section.
12    (q) Provide information to eligible petitioner. The
13confidential intermediary may provide to eligible petitioners
14as described in subsections (a) and (b) of this Section, the
15name of the child welfare agency which had legal custody of the
16surrendered person or responsibility for placing the
17surrendered person and any available contact information for
18such agency. In addition, the confidential intermediary may
19provide to such petitioners the name of the state in which the
20surrender occurred or in which the adoption was finalized.
21    Any reimbursements and fines, notwithstanding any
22reimbursement directly to the petitioner, paid under this
23subsection are in addition to other remedies a court may
24otherwise impose by law.
25    The Department of Children and Family Services shall submit
26reports to the Adoption Advisory Council Confidential

 

 

09700HB4028ham002- 67 -LRB097 14710 KTG 68152 a

1Intermediary Advisory Council by July 1 and January 1 of each
2year in order to report the penalties assessed and collected
3under this subsection, the amounts of related deposits into the
4DCFS Children's Services Fund, and any expenditures from such
5deposits.
6(Source: P.A. 96-661, eff. 8-25-09; 96-895, eff. 5-21-10;
797-110, eff. 7-14-11.)
 
8    (750 ILCS 50/18.07 rep.)
9    Section 15. The Adoption Act is amended by repealing
10Section 18.07.
 
11    Section 99. Effective date. This Act takes effect January
121, 2013, except this Section and Section 5 take effect upon
13becoming law.".