Illinois General Assembly - Full Text of SB1993
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Full Text of SB1993  97th General Assembly


Sen. Shane Cultra

Filed: 3/11/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1993 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.08 as follows:
6    (225 ILCS 10/2.08)  (from Ch. 23, par. 2212.08)
7    Sec. 2.08. "Child welfare agency" means a public or private
8child care facility, receiving any child or children for the
9purpose of placing or arranging for the placement or free care
10of the child or children in foster family homes, unlicensed
11pre-adoptive and adoptive homes, or other facilities for child
12care, apart from the custody of the child's or children's
13parents. The term "child welfare agency" includes all agencies
14established and maintained by a municipality or other political
15subdivision of the State of Illinois to protect, guard, train
16or care for children outside their own homes and all agencies,



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1persons, groups of persons, associations, organizations,
2corporations, institutions, religious institutions, centers,
3or groups providing adoption services, but does not include any
4circuit court or duly appointed juvenile probation officer or
5youth counselor of the court who receives and places children
6under an order of the court.
7(Source: P.A. 94-586, eff. 8-15-05.)
8    Section 10. The Adoption Act is amended by changing Section
94.1 as follows:
10    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
11    Sec. 4.1. Except for children placed with relatives by the
12Department of Children and Family Services pursuant to
13subsection (b) of Section 7 of the Children and Family Services
14Act, placements under this Act shall comply with the Child Care
15Act of 1969 and the Interstate Compact on the Placement of
16Children. Placements of children born outside the United States
17or a territory thereof shall comply with rules promulgated by
18the United States Department of Immigration and
20    Rules promulgated by the Department of Children and Family
21Services shall include but not be limited to the following:
22    (a) Any agency providing adoption services as defined in
23Section 2.24 of the Child Care Act of 1969 in this State:
24        (i) Shall be licensed in this State as a child welfare



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1    agency as defined in Section 2.08 of the Child Care Act of
2    1969; or
3        (ii) Shall be licensed as a child placement agency in a
4    state which is a party to the Interstate Compact on the
5    Placement of Children and shall be approved by the
6    Department to place children into Illinois in accordance
7    with subsection (a-5) of this Section; or
8        (iii) Shall be licensed as a child placement agency in
9    a country other than the United States or, if located in
10    such a country but not so licensed, shall provide
11    information such as a license or court document which
12    authorizes that agency to place children for adoption and
13    to establish that such agency has legal authority to place
14    children for adoption; or
15        (iv) Shall be a child placement agency which is so
16    licensed in a non-compact state and shall be approved by
17    the Department to place children into Illinois in
18    accordance with subsection (a-5) of this Section, if such
19    agency first files with the Department of Children and
20    Family Services a bond with surety in the amount of $5,000
21    for each such child to ensure that such child shall not
22    become a public charge upon this State. Such bond shall
23    remain in effect until a judgment for adoption is entered
24    with respect to such child pursuant to this Act. The
25    Department of Children and Family Services may accept, in
26    lieu of such bond, a written agreement with such agency



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1    which provides that such agency shall be liable for all
2    costs associated with the placement of such child in the
3    event a judgment of adoption is not entered, upon such
4    terms and conditions as the Department deems appropriate.
5    (a-3) Notwithstanding other provisions of this Act, a
6church, synagogue, temple, mosque, or other religious
7institution that is an agency providing adoption services, as
8defined in Section 2.24 of the Child Care Act of 1969, and that
9is licensed as a child welfare agency, as defined in Section
102.08 of the Child Care Act of 1969, may adopt faith-based
11policies and practices relating to the placement of children
12for adoption which provide for the placement of a child with a
13prospective adoptive parent who holds the same religious
14beliefs as those held by that religious institution; provided,
15however, that:
16        (1) The best interest of the child must always be the
17    primary factor in placement decisions.
18        (2) An agency's religious preference for placement
19    must never override the religious faith of the child in
20    making a placement decision; in the absence of expressed
21    religious wishes, as defined in this subsection, a
22    determination of the religious wishes, if any, of the
23    biological parent shall be made upon other facts in the
24    particular case, and if there is no evidence to the
25    contrary, it shall be presumed that the biological parent
26    wishes the child to be reared in the religion of the



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1    biological parent.
2        (3) If an agency uses religion as a factor in making a
3    placement decision, this must be disclosed to prospective
4    adoptive applicants before any fees are accepted by the
5    agency.
6        (4) If an agency uses religion as a factor in making
7    placement decisions, this must be disclosed to all
8    biological parents seeking counseling or placement
9    services at the outset of services.
10        (5) In appointing a guardian of a child, and in
11    granting an order of adoption of a child, the court shall,
12    when practicable, appoint as guardian, and give custody
13    through adoption, only to a person or persons of the same
14    religious faith as that of the child.
15        (6) The provisions of paragraph (5) of this subsection
16    shall be interpreted so as to assure that in the care,
17    protection, adoption, guardianship, discipline, and
18    control of any child, the child's religious faith shall be
19    preserved and protected.
20        (7) Whenever a child is placed in the custody, or under
21    the supervision or control, of a person or persons of a
22    religious faith different from that of the child, or if a
23    guardian of a child is appointed whose religious faith is
24    different from that of the child, or if letters of adoption
25    of a child are granted to a person or persons whose
26    religious faith is different from that of the child or if a



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1    child is placed with an authorized child welfare agency
2    which is closely affiliated with a religious faith
3    different from that of the child, the court or public
4    official shall state or recite the facts which impelled the
5    placement to be made contrary to the religious faith of the
6    child or to any person whose religious faith is different
7    from that of the child and the statement shall be a part of
8    the record of the proceeding or documented in appropriate
9    agency records, and subject to inspection by the Department
10    of Children and Family Services or an authorized agency.
11    This item shall not apply to institutions supported and
12    controlled by the State or a subdivision thereof.
13        (8) The provisions of this subsection in relation to
14    the protection of the religious faith of children shall
15    also apply to a minor who is at least 16 years old but not
16    yet 18 years old.
17        (9) The provisions of paragraphs (5), (6), (7), and (8)
18    of this subsection shall, so far as consistent with the
19    best interests of the child, and where practicable, be
20    applied so as to give effect to the religious wishes of the
21    birth mother, and of the birth father whose consent would
22    be required for the child's adoption pursuant to the Act,
23    if the child is born out of wedlock, or if born in wedlock,
24    the religious wishes of the biological parents of the
25    child, or if only one of the birth parents of an in wedlock
26    child is then living, the religious wishes of the birth



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1    parent then living. Religious wishes of a parent shall
2    include wishes that the child receive a placement that is:
3    in the same religion as the birth parent; in a different
4    religion from the birth parent; not based on religion in
5    any manner; or is based on religion, but only as a
6    subordinate consideration.
7    "Expressed religious wishes" of a birth parent shall mean
8those which have been set forth in a writing signed by the
9birth parent, except that, in a non-agency adoption, such
10writing shall be an affidavit of the biological parent. In the
11absence of expressed religious wishes, as defined in this
12subdivision, determination of the religious wishes, if any, of
13the biological parent, shall be made upon the other facts of
14the particular case, and, if there is no evidence to the
15contrary, it shall be presumed that the biological parent
16wishes the child to be reared in the religion of the birth
18    The rules shall also provide that any agency that places
19children for adoption in this State may not, in any policy or
20practice relating to the placement of children for adoption,
21discriminate against any child or prospective adoptive parent
22on the basis of race.
23    (a-5) Out-of-state private placing agencies that seek to
24place children into Illinois for the purpose of foster care or
25adoption shall provide all of the following to the Department:
26        (i) A copy of the agency's current license or other



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1    form of authorization from the approving authority in the
2    agency's state. If no such license or authorization is
3    issued, the agency must provide a reference statement from
4    the approving authority stating the agency is authorized to
5    place children in foster care or adoption or both in its
6    jurisdiction.
7        (ii) A description of the program, including home
8    studies, placements, and supervisions that the child
9    placing agency conducts within its geographical area, and,
10    if applicable, adoptive placements and the finalization of
11    adoptions. The child placing agency must accept continued
12    responsibility for placement planning and replacement if
13    the placement fails.
14        (iii) Notification to the Department of any
15    significant child placing agency changes after approval.
16        (iv) Any other information the Department may require.
17    If the adoption is finalized prior to bringing or sending
18the child to Illinois, Department approval of the out-of-state
19child placing agency involved is not required under this
20Section, nor is compliance with the Interstate Compact on the
21Placement of Children.
22    (b) As an alternative to requiring the bond provided for in
23paragraph (a)(iv) of this Section, the Department of Children
24and Family Services may require the filing of such a bond by
25the individual or individuals seeking to adopt such a child
26through placement of such child by a child placement agency



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1located in a state which is not a party to the Interstate
2Compact on the Placement of Children.
3    (c) In the case of any foreign-born child brought to the
4United States for adoption in this State, the following
5preadoption requirements shall be met:
6        (1) Documentation that the child is legally free for
7    adoption prior to entry into the United States shall be
8    submitted.
9        (2) A medical report on the child, by authorized
10    medical personnel in the country of the child's origin,
11    shall be provided when such personnel are available.
12        (3) Verification that the adoptive family has been
13    licensed as a foster family home pursuant to the Child Care
14    Act of 1969, as now or hereafter amended, shall be
15    provided.
16        (4) A valid home study conducted by a licensed child
17    welfare agency that complies with guidelines established
18    by the United States Immigration and Naturalization
19    Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
20    amended, shall be submitted. A home study is considered
21    valid if it contains:
22            (i) A factual evaluation of the financial,
23        physical, mental and moral capabilities of the
24        prospective parent or parents to rear and educate the
25        child properly.
26            (ii) A detailed description of the living



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1        accommodations where the prospective parent or parents
2        currently reside.
3            (iii) A detailed description of the living
4        accommodations in the United States where the child
5        will reside, if known.
6            (iv) A statement or attachment recommending the
7        proposed adoption signed by an official of the child
8        welfare agency which has conducted the home study.
9        (5) The placing agency located in a non-compact state
10    or a family desiring to adopt through an authorized
11    placement party in a non-compact state or a foreign country
12    shall file with the Department of Children and Family
13    Services a bond with surety in the amount of $5,000 as
14    protection that a foreign-born child accepted for care or
15    supervision not become a public charge upon the State of
16    Illinois.
17        (6) In lieu of the $5,000 bond, the placement agency
18    may sign a binding agreement with the Department of
19    Children and Family Services to assume full liability for
20    all placements should, for any reason, the adoption be
21    disrupted or not be completed, including financial and
22    planning responsibility until the child is either returned
23    to the country of its origin or placed with a new adoptive
24    family in the United States and that adoption is finalized.
25        (7) Compliance with the requirements of the Interstate
26    Compact on the Placement of Children, when applicable,



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1    shall be demonstrated.
2        (8) When a child is adopted in a foreign country and a
3    final, complete and valid Order of Adoption is issued in
4    that country, as determined by both the United States
5    Department of State and the United States Department of
6    Justice, this State shall not impose any additional
7    preadoption requirements. The adoptive family, however,
8    must comply with applicable requirements of the United
9    States Department of Immigration and Naturalization as
10    provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
11    amended.
12    (d) The Department of Children and Family Services shall
13maintain the office of Intercountry Adoption Coordinator,
14shall maintain and protect the rights of families and children
15participating in adoption of foreign born children, and shall
16develop ongoing programs of support and services to such
17families and children. The Intercountry Adoption Coordinator
18shall determine that all preadoption requirements have been met
19and report such information to the Department of Immigration
20and Naturalization.
21(Source: P.A. 94-586, eff. 8-15-05.)".