Full Text of HB3628 94th General Assembly
HB3628enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Child Care Act of 1969 is amended by | 5 |
| changing Sections 2, 2.05, 2.08, 4, 7, 8, 11, 11.1, and 12 and | 6 |
| by adding Sections 2.24, 2.25, 2.26, 2.27, 7.4, 7.5, 7.6, 7.7, | 7 |
| 7.8, 7.9, 8.3, 8.4, 9.1a, 9.1b, 14.6, and 14.7 as follows:
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| (225 ILCS 10/2) (from Ch. 23, par. 2212)
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| Sec. 2. Terms used in this Act, unless the context | 10 |
| otherwise requires,
have the meanings ascribed to them in | 11 |
| Sections 2.01 through 2.27
2.21 .
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| (Source: P.A. 86-278; 86-386.)
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| (225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
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| Sec. 2.05. "Facility for child care" or "child care | 15 |
| facility" means any
person, group of persons, agency, | 16 |
| association ,
or organization, corporation, institution, | 17 |
| center, or group,
whether
established for gain or otherwise, | 18 |
| who or which receives or arranges for care
or placement of one | 19 |
| or more children, unrelated to the operator of the
facility, | 20 |
| apart from the parents, with or without the transfer of the | 21 |
| right of
custody in any facility as defined in this Act, | 22 |
| established and maintained for
the care of children. "Child | 23 |
| care facility" includes a relative who is
licensed as a foster | 24 |
| family home under Section 4 of this Act.
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| (Source: P.A. 89-21, eff. 7-1-95.)
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| (225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
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| Sec. 2.08.
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| "Child welfare agency" means a public or private child care | 29 |
| facility,
receiving any child or children for the purpose of | 30 |
| placing or arranging for
the placement or free care of the |
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| child or children in foster family homes , unlicensed | 2 |
| pre-adoptive and adoptive homes, or other
facilities for child | 3 |
| care, apart from the custody of the child's or
children's | 4 |
| parents. The term "child welfare agency" includes all agencies
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| established and maintained by a municipality or other political | 6 |
| subdivision
of the State of Illinois to protect, guard, train | 7 |
| or care for children
outside their own homes and all agencies, | 8 |
| persons, groups of persons, associations, organizations, | 9 |
| corporations, institutions, centers, or groups providing | 10 |
| adoption services , but does not include any circuit court or | 11 |
| duly
appointed juvenile probation officer or youth counselor of | 12 |
| the court , who
receives and places children under an order of | 13 |
| the court.
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| (Source: P.A. 76-63.)
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| (225 ILCS 10/2.24 new) | 16 |
| Sec. 2.24. "Adoption services" includes any one or more of | 17 |
| the following services performed for any type of compensation | 18 |
| or thing of value, directly or indirectly: (i) arranging for | 19 |
| the placement of or placing out a child, (ii) identifying a | 20 |
| child for adoption, (iii) matching adoptive parents with | 21 |
| biological parents, (iv) arranging or facilitating an | 22 |
| adoption, (v) taking or acknowledging consents or surrenders | 23 |
| for termination of parental rights for purposes of adoption, as | 24 |
| defined in the Adoption Act, (vi) performing background studies | 25 |
| on a child or adoptive parents, (vii) making determinations of | 26 |
| the best interests of a child and the appropriateness of | 27 |
| adoptive placement for the child, or (viii) post-placement | 28 |
| monitoring of a child prior to adoption. "Adoption services" | 29 |
| does not include the following: (1) the provision of legal | 30 |
| services by a licensed attorney for which the attorney must be | 31 |
| licensed as an attorney under Illinois law, (2) | 32 |
| adoption-related services performed by public governmental | 33 |
| entities or entities or persons performing investigations by | 34 |
| court appointment as described in subsection A of Section 6 of | 35 |
| the Adoption Act, (3) prospective biological parents or |
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| adoptive parents operating on their own behalf,
(4) the | 2 |
| provision of general education and training on | 3 |
| adoption-related topics, or (5) post-adoption services, | 4 |
| including supportive services to families to promote the | 5 |
| well-being of members of adoptive families or birth families. | 6 |
| (225 ILCS 10/2.25 new)
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| Sec. 2.25. "Unlicensed pre-adoptive and adoptive home" | 8 |
| means any home that is not licensed by the Department as a | 9 |
| foster family home and that receives a child or children for | 10 |
| the purpose of adopting the child or children. | 11 |
| (225 ILCS 10/2.26 new)
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| Sec. 2.26. "Eligible agency" means a licensed child welfare | 13 |
| agency that (i) is currently fully accredited by the Council on | 14 |
| Accreditation for Children and Family Services (COA) for | 15 |
| adoption services and (ii) has had no Department substantiated | 16 |
| licensing violations or COA accrediting violations that affect | 17 |
| the health, safety, morals, or welfare of children served by | 18 |
| that agency for the 4 years immediately preceding a | 19 |
| determination of eligibility. | 20 |
| (225 ILCS 10/2.27 new)
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| Sec. 2.27. "Deemed compliant" means that an eligible agency | 22 |
| is presumed to be in compliance with requirements, provided | 23 |
| that the Department has determined that current COA standards | 24 |
| are at least substantially equivalent to those requirements. | 25 |
| This presumption of compliance may be rebutted by Department | 26 |
| substantiated evidence to the contrary. The Department may | 27 |
| require periodic certification of COA accreditation from | 28 |
| eligible agencies.
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| (225 ILCS 10/4) (from Ch. 23, par. 2214)
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| Sec. 4. License requirement; application; notice.
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| (a) Any person, group of persons or corporation who or | 32 |
| which
receives children or arranges for care or placement of |
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| one or more
children unrelated to the operator must apply for a | 2 |
| license to operate
one of the types of facilities defined in | 3 |
| Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 4 |
| relative who receives a child or children for placement by the
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| Department on a full-time basis may apply for a license to | 6 |
| operate a foster
family home as defined in Section 2.17 of this | 7 |
| Act.
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| (a-5) Any agency, person, group of persons, association, | 9 |
| organization, corporation, institution, center, or group | 10 |
| providing adoption services must be licensed by the Department | 11 |
| as a child welfare agency as defined in Section 2.08 of this | 12 |
| Act. "Providing adoption services" as used in this Act, | 13 |
| includes facilitating or engaging in adoption services.
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| (b) Application for a license
to operate a child care | 15 |
| facility must be made to the Department in the manner
and on | 16 |
| forms prescribed by it. An application to operate a foster | 17 |
| family home
shall include, at a minimum: a completed written | 18 |
| form; written authorization by
the applicant and all adult | 19 |
| members of the applicant's household to conduct a
criminal | 20 |
| background investigation; medical evidence in the form of a | 21 |
| medical
report, on forms prescribed by the Department, that the | 22 |
| applicant and all
members of the household are free from | 23 |
| communicable diseases or physical and
mental conditions that | 24 |
| affect their ability to provide care for the child or
children; | 25 |
| the names and addresses of at least 3 persons not related to | 26 |
| the
applicant who can attest to the applicant's moral | 27 |
| character; and fingerprints
submitted by the applicant and all | 28 |
| adult members of the applicant's household.
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| (c) The Department shall notify the public when a child | 30 |
| care institution,
maternity center, or group home licensed by | 31 |
| the Department undergoes a change
in (i) the range of care or | 32 |
| services offered at the facility, (ii) the age or
type of | 33 |
| children served, or (iii) the area within the facility used by
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| children. The Department shall notify the public of the change | 35 |
| in a newspaper
of general
circulation in the county or | 36 |
| municipality in which the applicant's facility is
or is |
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| proposed to be located.
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| (d) If, upon examination of the facility and investigation | 3 |
| of persons
responsible
for care of children, the Department is | 4 |
| satisfied that the facility and
responsible persons reasonably | 5 |
| meet standards prescribed for the type of
facility for which | 6 |
| application is made, it shall issue a license in proper
form, | 7 |
| designating on that license the type of child care facility | 8 |
| and, except
for a child welfare agency, the number of children | 9 |
| to be served at any one
time.
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| (e) The Department shall not issue or renew the license of | 11 |
| any child welfare agency providing adoption services, unless | 12 |
| the agency (i) is officially recognized by the United States | 13 |
| Internal Revenue Service as a tax-exempt organization | 14 |
| described in Section 501(c)(3) of the Internal Revenue Code of | 15 |
| 1986 (or any successor provision of federal tax law) and (ii) | 16 |
| is in compliance with all of the standards necessary to | 17 |
| maintain its status as an organization described in Section | 18 |
| 501(c)(3) of the Internal Revenue Code of 1986 (or any | 19 |
| successor provision of federal tax law). The Department shall | 20 |
| grant a grace period of 24 months from the effective date of | 21 |
| this amendatory Act of the 94th General Assembly for existing | 22 |
| child welfare agencies providing adoption services to obtain | 23 |
| 501(c)(3) status. The Department shall permit an existing child | 24 |
| welfare agency that converts from its current structure in | 25 |
| order to be recognized as a 501(c)(3) organization as required | 26 |
| by this Section to either retain its current license or | 27 |
| transfer its current license to a newly formed entity, if the | 28 |
| creation of a new entity is required in order to comply with | 29 |
| this Section, provided that the child welfare agency | 30 |
| demonstrates that it continues to meet all other licensing | 31 |
| requirements and that the principal officers and directors and | 32 |
| programs of the converted child welfare agency or newly | 33 |
| organized child welfare agency are substantially the same as | 34 |
| the original. The Department shall have the sole discretion to | 35 |
| grant a one year extension to any agency unable to obtain | 36 |
| 501(c)(3) status within the timeframe specified in this |
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| subsection (e), provided that such agency has filed an | 2 |
| application for 501(c)(3) status with the Internal Revenue | 3 |
| Service within the 2-year timeframe specified in this | 4 |
| subsection (e).
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| (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97; 90-608, | 6 |
| eff. 6-30-98.)
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| (225 ILCS 10/7) (from Ch. 23, par. 2217)
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| Sec. 7. (a) The Department must prescribe and publish | 9 |
| minimum standards
for licensing that apply to the various types | 10 |
| of facilities for child care
defined in this Act and that are | 11 |
| equally applicable to like institutions
under the control of | 12 |
| the Department and to foster family homes used by and
under the | 13 |
| direct supervision of the Department. The Department shall seek
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| the advice and assistance of persons representative of the | 15 |
| various types of
child care facilities in establishing such | 16 |
| standards. The standards
prescribed and published under this | 17 |
| Act take effect as provided in the
Illinois Administrative | 18 |
| Procedure Act, and are restricted to
regulations pertaining to | 19 |
| the following matters and to any rules and regulations required | 20 |
| or permitted by any other Section of this Act :
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| (1) The operation and conduct of the facility and | 22 |
| responsibility it
assumes for child care;
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| (2) The character, suitability and qualifications of | 24 |
| the applicant and
other persons directly responsible for | 25 |
| the care and welfare of children
served. All child day care | 26 |
| center licensees and employees who are required
to
report | 27 |
| child abuse or neglect under the Abused and Neglected Child | 28 |
| Reporting
Act shall be required to attend training on | 29 |
| recognizing child abuse and
neglect, as prescribed by | 30 |
| Department rules;
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| (3) The general financial ability and competence of the | 32 |
| applicant to
provide necessary care for children and to | 33 |
| maintain prescribed standards;
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| (4) The number of individuals or staff required to | 35 |
| insure adequate
supervision and care of the children |
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| received. The standards shall provide
that each child care | 2 |
| institution, maternity center, day care center,
group | 3 |
| home, day care home, and group day care home shall have on | 4 |
| its
premises during its hours of operation at
least one | 5 |
| staff member certified in first aid, in the Heimlich | 6 |
| maneuver and
in cardiopulmonary resuscitation by the | 7 |
| American Red Cross or other
organization approved by rule | 8 |
| of the Department. Child welfare agencies
shall not be | 9 |
| subject to such a staffing requirement. The Department may
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| offer, or arrange for the offering, on a periodic basis in | 11 |
| each community
in this State in cooperation with the | 12 |
| American Red Cross, the American
Heart Association or other | 13 |
| appropriate organization, voluntary programs to
train | 14 |
| operators of foster family homes and day care homes in | 15 |
| first aid and
cardiopulmonary resuscitation;
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| (5) The appropriateness, safety, cleanliness and | 17 |
| general adequacy of the
premises, including maintenance of | 18 |
| adequate fire prevention and health
standards conforming | 19 |
| to State laws and municipal codes to provide for the
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| physical comfort, care and well-being of children | 21 |
| received;
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| (6) Provisions for food, clothing, educational | 23 |
| opportunities, program,
equipment and individual supplies | 24 |
| to assure the healthy physical, mental
and spiritual | 25 |
| development of children served;
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| (7) Provisions to safeguard the legal rights of | 27 |
| children served;
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| (8) Maintenance of records pertaining to the | 29 |
| admission, progress, health
and discharge of children, | 30 |
| including, for day care centers and day care
homes, records | 31 |
| indicating each child has been immunized as required by | 32 |
| State
regulations. The Department shall require proof that | 33 |
| children enrolled in
a facility have been immunized against | 34 |
| Haemophilus Influenzae B (HIB);
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| (9) Filing of reports with the Department;
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| (10) Discipline of children;
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| (11) Protection and fostering of the particular
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| religious faith of the children served;
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| (12) Provisions prohibiting firearms on day care | 4 |
| center premises
except in the possession of peace officers;
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| (13) Provisions prohibiting handguns on day care home | 6 |
| premises except in
the possession of peace officers or | 7 |
| other adults who must possess a handgun
as a condition of | 8 |
| employment and who reside on the premises of a day care | 9 |
| home;
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| (14) Provisions requiring that any firearm permitted | 11 |
| on day care home
premises, except handguns in the | 12 |
| possession of peace officers, shall be
kept in a | 13 |
| disassembled state, without ammunition, in locked storage,
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| inaccessible to children and that ammunition permitted on | 15 |
| day care home
premises shall be kept in locked storage | 16 |
| separate from that of disassembled
firearms, inaccessible | 17 |
| to children;
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| (15) Provisions requiring notification of parents or | 19 |
| guardians enrolling
children at a day care home of the | 20 |
| presence in the day care home of any
firearms and | 21 |
| ammunition and of the arrangements for the separate, locked
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| storage of such firearms and ammunition.
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| (b) If, in a facility for general child care, there are | 24 |
| children
diagnosed as mentally ill, mentally retarded or | 25 |
| physically handicapped, who
are determined to be in need of | 26 |
| special mental treatment or of nursing
care, or both mental | 27 |
| treatment and nursing care, the Department shall seek
the | 28 |
| advice and recommendation of the Department of Human Services,
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| the Department of Public Health, or both
Departments regarding | 30 |
| the residential treatment and nursing care provided
by the | 31 |
| institution.
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| (c) The Department shall investigate any person applying to | 33 |
| be
licensed as a foster parent to determine whether there is | 34 |
| any evidence of
current drug or alcohol abuse in the | 35 |
| prospective foster family. The
Department shall not license a | 36 |
| person as a foster parent if drug or alcohol
abuse has been |
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| identified in the foster family or if a reasonable suspicion
of | 2 |
| such abuse exists, except that the Department may grant a | 3 |
| foster parent
license to an applicant identified with an | 4 |
| alcohol or drug problem if the
applicant has successfully | 5 |
| participated in an alcohol or drug treatment
program, self-help | 6 |
| group, or other suitable activities.
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| (d) The Department, in applying standards prescribed and | 8 |
| published, as
herein provided, shall offer consultation | 9 |
| through employed staff or other
qualified persons to assist | 10 |
| applicants and licensees in meeting and
maintaining minimum | 11 |
| requirements for a license and to help them otherwise
to | 12 |
| achieve programs of excellence related to the care of children | 13 |
| served.
Such consultation shall include providing information | 14 |
| concerning education
and training in early childhood | 15 |
| development to providers of day care home
services. The | 16 |
| Department may provide or arrange for such education and
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| training for those providers who request such assistance.
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| (e) The Department shall distribute copies of licensing
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| standards to all licensees and applicants for a license. Each | 20 |
| licensee or
holder of a permit shall distribute copies of the | 21 |
| appropriate licensing
standards and any other information | 22 |
| required by the Department to child
care facilities under its | 23 |
| supervision. Each licensee or holder of a permit
shall maintain | 24 |
| appropriate documentation of the distribution of the
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| standards. Such documentation shall be part of the records of | 26 |
| the facility
and subject to inspection by authorized | 27 |
| representatives of the Department.
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| (f) The Department shall prepare summaries of day care | 29 |
| licensing
standards. Each licensee or holder of a permit for a | 30 |
| day care facility
shall distribute a copy of the appropriate | 31 |
| summary and any other
information required by the Department, | 32 |
| to the legal guardian of each child
cared for in that facility | 33 |
| at the time when the child is enrolled or
initially placed in | 34 |
| the facility. The licensee or holder of a permit for a
day care | 35 |
| facility shall secure appropriate documentation of the
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| distribution of the summary and brochure. Such documentation |
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| shall be a
part of the records of the facility and subject to | 2 |
| inspection by an
authorized representative of the Department.
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| (g) The Department shall distribute to each licensee and
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| holder of a permit copies of the licensing or permit standards | 5 |
| applicable
to such person's facility. Each licensee or holder | 6 |
| of a permit shall make
available by posting at all times in a | 7 |
| common or otherwise accessible area
a complete and current set | 8 |
| of licensing standards in order that all
employees of the | 9 |
| facility may have unrestricted access to such standards.
All | 10 |
| employees of the facility shall have reviewed the standards and | 11 |
| any
subsequent changes. Each licensee or holder of a permit | 12 |
| shall maintain
appropriate documentation of the current review | 13 |
| of licensing standards by
all employees. Such records shall be | 14 |
| part of the records of the facility
and subject to inspection | 15 |
| by authorized representatives of the Department.
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| (h) Any standards involving physical examinations, | 17 |
| immunization,
or medical treatment shall include appropriate | 18 |
| exemptions for children
whose parents object thereto on the | 19 |
| grounds that they conflict with the
tenets and practices of a | 20 |
| recognized church or religious organization, of
which the | 21 |
| parent is an adherent or member, and for children who should | 22 |
| not
be subjected to immunization for clinical reasons.
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| (Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97; 89-648, | 24 |
| eff. 8-9-96;
90-14, eff. 7-1-97.)
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| (225 ILCS 10/7.4 new) | 26 |
| Sec. 7.4. Disclosures.
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| (a) Every child welfare agency providing adoption services | 28 |
| and licensed by the Department shall provide to all prospective | 29 |
| clients and to the public written disclosures with respect to | 30 |
| its adoption services, policies, and practices, including | 31 |
| general eligibility criteria, fees, and the mutual rights and | 32 |
| responsibilities of clients, including biological parents and | 33 |
| adoptive parents. The written disclosure shall be posted on any | 34 |
| website maintained by the child welfare agency that relates to | 35 |
| adoption services. The Department shall adopt rules relating to |
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| the contents of the written disclosures. Eligible agencies may | 2 |
| be deemed compliant with this subsection (a). | 3 |
| (b) Every licensed child welfare agency providing adoption | 4 |
| services shall provide to all applicants, prior to application, | 5 |
| a written schedule of estimated fees, expenses, and refund | 6 |
| policies. Every child welfare agency providing adoption | 7 |
| services shall have a written policy that shall be part of its | 8 |
| standard adoption contract and state that it will not charge | 9 |
| additional fees and expenses beyond those disclosed in the | 10 |
| adoption contract unless additional fees are reasonably | 11 |
| required by the circumstances and are disclosed to the adoptive | 12 |
| parents or parent before they are incurred. The Department | 13 |
| shall adopt rules relating to the contents of the written | 14 |
| schedule and policy. Eligible agencies may be deemed compliant | 15 |
| with this subsection (b). | 16 |
| (c) Every licensed child welfare agency providing adoption | 17 |
| services must make full and fair disclosure to its clients, | 18 |
| including biological parents and adoptive parents, of all | 19 |
| circumstances material to the placement of a child for | 20 |
| adoption. The Department shall adopt rules necessary for the | 21 |
| implementation and regulation of the requirements of this | 22 |
| subsection (c). | 23 |
| (d) Every licensed child welfare agency providing adoption | 24 |
| services shall meet minimum standards set forth by the | 25 |
| Department concerning the taking or acknowledging of a consent | 26 |
| prior to taking or acknowledging a consent from a prospective | 27 |
| biological parent. The Department shall adopt rules concerning | 28 |
| the minimum standards required by agencies under this Section.
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| (225 ILCS 10/7.5 new) | 30 |
| Sec. 7.5. Adoptive parent training program. Every licensed | 31 |
| child welfare agency providing adoption services shall provide | 32 |
| prospective adoptive parents with a training program that | 33 |
| includes counseling and guidance for the purpose of promoting a | 34 |
| successful adoption in conjunction with placing a child for | 35 |
| adoption with the prospective adoptive parents and which must |
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| be completed to the satisfaction of the licensed child welfare | 2 |
| agency prior to the finalization of the
adoption. The training | 3 |
| may be provided by an agent or independent contractor of the | 4 |
| child welfare agency or by a Department-approved training | 5 |
| individual or entity.
The Department shall adopt rules | 6 |
| concerning minimum hours, content, and agency documentation of | 7 |
| the training and rules concerning the approval of individuals | 8 |
| or entities conducting training under this Section. Eligible | 9 |
| agencies may be deemed compliant with this Section. | 10 |
| (225 ILCS 10/7.6 new) | 11 |
| Sec. 7.6. Annual report. Every licensed child welfare | 12 |
| agency providing adoption services shall file an annual report | 13 |
| with the Department and with the Attorney General on forms and | 14 |
| on a date prescribed by the Department. The annual reports for | 15 |
| the preceding 2 years must be made available, upon request, to | 16 |
| the public by the Department and every licensed agency and must | 17 |
| be included on the website of the Department. Each licensed | 18 |
| agency that maintains a website shall provide the reports on | 19 |
| its website. The annual report shall include all of the | 20 |
| following matters and all other matters required by the | 21 |
| Department: | 22 |
| (1) a balance sheet and a statement of income and | 23 |
| expenses for the year, certified by an independent public | 24 |
| accountant; for purposes of this item (1), the audit report | 25 |
| filed by an agency with the Department may be included in | 26 |
| the annual report and, if so, shall be sufficient to comply | 27 |
| with the requirement of this item (1); | 28 |
| (2) non-identifying information concerning the | 29 |
| placements made by the agency during the year, consisting | 30 |
| of the number of adoptive families in the process of | 31 |
| obtaining a foster family license, the number of adoptive | 32 |
| families that are licensed and awaiting placement, the | 33 |
| number of biological parents that the agency is actively | 34 |
| working with, the number of placements, and the number of | 35 |
| adoptions initiated during the year and the status of each |
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| matter at the end of the year; | 2 |
| (3) any instance during the year in which the agency | 3 |
| lost the right to provide adoption services in any State or | 4 |
| country, had its license suspended for cause, or was the | 5 |
| subject of other sanctions by any court, governmental | 6 |
| agency, or governmental regulatory body relating to the | 7 |
| provision of adoption services; | 8 |
| (4) any actions related to licensure that were | 9 |
| initiated against the agency during the year by a licensing | 10 |
| or accrediting body; | 11 |
| (5) any pending investigations by federal or State | 12 |
| authorities; | 13 |
| (6) any criminal charges, child abuse charges, | 14 |
| malpractice complaints, or lawsuits against the agency or | 15 |
| any of its employees, officers, or directors related to the | 16 |
| provision of adoption services and the basis or disposition | 17 |
| of the actions; | 18 |
| (7) any instance in the year where the agency was found | 19 |
| guilty of, or pled guilty to, any criminal or civil or | 20 |
| administrative violation under federal, State, or foreign | 21 |
| law that relates to the provision of adoption services; | 22 |
| (8) any instance in the year where any employee, | 23 |
| officer, or director of the agency was found guilty of any | 24 |
| crime or was determined to have violated a civil law or | 25 |
| administrative rule under federal, State, or foreign law | 26 |
| relating to the provision of adoption services; and | 27 |
| (9) any civil or administrative proceeding instituted | 28 |
| by the agency during the year and relating to adoption | 29 |
| services, excluding uncontested adoption proceedings and | 30 |
| proceedings filed pursuant to Section 12a of the Adoption | 31 |
| Act. | 32 |
| Failure to disclose information required under this | 33 |
| Section may result in the suspension of the agency's license | 34 |
| for a period of 90 days. Subsequent violations may result in | 35 |
| revocation of the license.
| 36 |
| Information disclosed in accordance with this Section |
|
|
|
HB3628 Enrolled |
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LRB094 10953 RAS 41538 b |
|
| 1 |
| shall be subject to the applicable confidentiality | 2 |
| requirements of this Act and the Adoption Act. | 3 |
| (225 ILCS 10/7.7 new) | 4 |
| Sec. 7.7. Certain waivers prohibited. Licensed child | 5 |
| welfare agencies providing adoption services shall not require | 6 |
| biological or adoptive parents to sign any document that | 7 |
| purports to waive claims against an agency for intentional or | 8 |
| reckless acts or omissions or for gross negligence. Nothing in | 9 |
| this Section shall require an agency to assume risks that are | 10 |
| not within the reasonable control of the agency. | 11 |
| (225 ILCS 10/7.8 new) | 12 |
| Sec. 7.8. Preferential treatment in child placement | 13 |
| prohibited. No licensed child welfare agency providing | 14 |
| adoption services may give preferential treatment to its board | 15 |
| members, contributors, volunteers, employees, agents, | 16 |
| consultants, or independent contractors or to their relatives | 17 |
| with respect to the placement of a child or any matters | 18 |
| relating to adoption services. The Department shall define | 19 |
| "preferential treatment" by rule and shall adopt any rules | 20 |
| necessary to implement this Section. Eligible agencies may be | 21 |
| deemed compliant with this Section. | 22 |
| (225 ILCS 10/7.9 new)
| 23 |
| Sec. 7.9. Excessive fees in adoption services prohibited. | 24 |
| Adoption services fees must be based on the costs associated | 25 |
| with service delivery, and clients may be charged fees only for | 26 |
| services provided. The Department shall define "excessive | 27 |
| fees" by rule and shall adopt any rules necessary to implement | 28 |
| this Section. Eligible agencies may be deemed compliant with | 29 |
| this Section.
| 30 |
| (225 ILCS 10/8) (from Ch. 23, par. 2218)
| 31 |
| Sec. 8. The Department may revoke or refuse to renew the | 32 |
| license of any
child care facility or child welfare agency or |
|
|
|
HB3628 Enrolled |
- 15 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| refuse to issue full license to the holder of a permit
should | 2 |
| the licensee or holder of a permit:
| 3 |
| (1) fail to maintain standards prescribed and published by | 4 |
| the Department;
| 5 |
| (2) violate any of the provisions of the license issued;
| 6 |
| (3) furnish or make any misleading or any false statement | 7 |
| or report to
the Department;
| 8 |
| (4) refuse to submit to the Department any reports or | 9 |
| refuse to make
available to the Department any records required | 10 |
| by the Department in
making investigation of the facility for | 11 |
| licensing purposes;
| 12 |
| (5) fail or refuse to submit to an investigation by the | 13 |
| Department;
| 14 |
| (6) fail or refuse to admit authorized representatives of | 15 |
| the Department
at any reasonable time for the purpose of | 16 |
| investigation;
| 17 |
| (7) fail to provide, maintain, equip and keep in safe and | 18 |
| sanitary
condition premises established or used for child care | 19 |
| as required under
standards prescribed by the Department, or as | 20 |
| otherwise required by any
law, regulation or ordinance | 21 |
| applicable to the location of such facility;
| 22 |
| (8) refuse to display its license or permit;
| 23 |
| (9) be the subject of an indicated report under Section 3 | 24 |
| of the Abused
and Neglected Child Reporting Act or fail to | 25 |
| discharge or sever
affiliation with the child care facility of | 26 |
| an employee or volunteer at the
facility with direct contact | 27 |
| with children who is the subject of an indicated
report under | 28 |
| Section 3 of that Act;
| 29 |
| (10) fail to comply with the provisions of Section 7.1;
| 30 |
| (11) fail to exercise reasonable care in the hiring, | 31 |
| training and
supervision of facility personnel;
| 32 |
| (12) fail to report suspected abuse or neglect of children | 33 |
| within the
facility, as required by the Abused and Neglected | 34 |
| Child Reporting Act;
| 35 |
| (13) fail to comply with Section 5.1 or 5.2 of this Act; or
| 36 |
| (14) be identified in an investigation by the Department as |
|
|
|
HB3628 Enrolled |
- 16 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| an addict or
alcoholic, as defined in the Alcoholism and Other | 2 |
| Drug Abuse and Dependency
Act, or be a person whom the | 3 |
| Department knows has abused alcohol or drugs,
and has not
| 4 |
| successfully participated in treatment, self-help groups or | 5 |
| other suitable
activities, and the Department determines that | 6 |
| because of such abuse the
licensee, holder of the permit, or | 7 |
| any other person directly responsible
for the care and welfare | 8 |
| of the children served, does not comply with
standards relating | 9 |
| to character, suitability or other qualifications
established | 10 |
| under Section 7 of this Act.
| 11 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-413, eff. 1-1-00.)
| 12 |
| (225 ILCS 10/8.3 new) | 13 |
| Sec. 8.3. Tax exempt agency.
| 14 |
| (a) The Department shall revoke or refuse to renew the | 15 |
| license of any child welfare agency providing adoption services | 16 |
| that is not (i) officially recognized by the United States | 17 |
| Internal Revenue Service as a tax-exempt organization | 18 |
| described in Section 501(c)(3) of the Internal Revenue Code of | 19 |
| 1986 (or any successor provision of federal tax law) and (ii) | 20 |
| in compliance with all of the standards necessary to maintain | 21 |
| its status as an organization described in Section 501(c)(3) of | 22 |
| the Internal Revenue Code of 1986 (or any successor provision | 23 |
| of federal tax law). | 24 |
| (b) The Department shall grant a grace period of 24 months | 25 |
| from the effective date of this amendatory Act of the 94th | 26 |
| General Assembly for existing child welfare agencies providing | 27 |
| adoption services to obtain 501(c)(3) status. The Department | 28 |
| shall permit an existing child welfare agency that converts | 29 |
| from its current structure in order to be recognized as a | 30 |
| 501(c)(3) organization as required by this Section to either | 31 |
| retain its current license or transfer its current license to a | 32 |
| newly formed entity, if the creation of a new entity is | 33 |
| required in order to comply with this Section, provided that | 34 |
| the child welfare agency demonstrates that it continues to meet | 35 |
| all other licensing requirements and that the principal |
|
|
|
HB3628 Enrolled |
- 17 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| officers and directors and programs of the converted child | 2 |
| welfare agency or newly organized child welfare agency are | 3 |
| substantially the same as the original. The Department shall | 4 |
| have the sole discretion to grant a one year extension to any | 5 |
| agency unable to obtain 501(c)(3) status within the timeframe | 6 |
| specified in this Section, provided that such agency has filed | 7 |
| an application for 501(c)(3) status with the Internal Revenue | 8 |
| Service within the 2-year timeframe specified in this Section. | 9 |
| (c) Nothing in this Section shall prohibit a licensed child | 10 |
| welfare agency from using the services of any person, group of | 11 |
| persons, agency, association, organization, corporation, | 12 |
| institution, center, or group as an independent contractor to | 13 |
| perform services on behalf of the licensed agency, provided | 14 |
| that the licensed agency has a written agreement with the | 15 |
| independent contractor specifying the terms of remuneration, | 16 |
| the services to be performed, the personnel performing those | 17 |
| services, and the qualifications of the personnel, in addition | 18 |
| to any other information or requirements the Department may | 19 |
| specify by rule. The licensed agency is not exempt, by reason | 20 |
| of the use of the contractor, from compliance with all of the | 21 |
| provisions of this Act. The Department has the authority to | 22 |
| disapprove the use of any contractor if the Department is not | 23 |
| satisfied with the agency's agreement with the contractor, the | 24 |
| personnel of the contractor who are performing the services, or | 25 |
| the qualifications of the personnel or if the contractor | 26 |
| violates any provision of this Act or the Adoption Act. | 27 |
| (225 ILCS 10/8.4 new)
| 28 |
| Sec. 8.4. Cessation or dissolution of an agency. In the | 29 |
| event that a licensed child welfare agency ceases to exist or | 30 |
| dissolves its corporate entity as an agency, and in so doing | 31 |
| ceases to provide adoption services as defined in this Act, all | 32 |
| records pertaining to adoption services, as that term is | 33 |
| defined in Section 2.24 of this Act, shall be forwarded to | 34 |
| another licensed child welfare agency with notice to the | 35 |
| Department or to the Department within 30 days after such |
|
|
|
HB3628 Enrolled |
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LRB094 10953 RAS 41538 b |
|
| 1 |
| cessation or dissolution. This Section shall be interpreted in | 2 |
| a manner consistent with rules adopted by the Department | 3 |
| governing child welfare agencies. | 4 |
| (225 ILCS 10/9.1a new) | 5 |
| Sec. 9.1a. Complaint registry.
| 6 |
| (a) The Department shall establish a complaint registry to | 7 |
| assist in the monitoring of licensed child welfare agencies | 8 |
| providing adoption services, which shall record and track the | 9 |
| resolution and disposition of substantiated licensing | 10 |
| violations. | 11 |
| (b) The Department shall establish and maintain a statewide | 12 |
| toll-free telephone number and post information on its website | 13 |
| where the public can access information contained in the | 14 |
| complaint registry, as it pertains to the past history and | 15 |
| record of any licensed child welfare agency providing adoption | 16 |
| services. This information shall include, but shall not be | 17 |
| limited to, Department substantiated licensing violations | 18 |
| against a child welfare agency providing adoption services and | 19 |
| Department findings of any license violations against a child | 20 |
| welfare agency providing adoption services. | 21 |
| (c) Information disclosed in accordance with this Section | 22 |
| shall be subject to the applicable confidentiality | 23 |
| requirements of this Act and the Adoption Act. | 24 |
| (225 ILCS 10/9.1b new) | 25 |
| Sec. 9.1b. Complaint procedures. All child welfare | 26 |
| agencies providing adoption services shall be required by the | 27 |
| Department to have complaint policies and procedures that shall | 28 |
| be provided in writing to their prospective clients, including | 29 |
| biological parents, adoptive parents, and adoptees that they | 30 |
| have served, at the earliest time possible, and, in the case of | 31 |
| biological and adoptive parents, prior to placement or prior to | 32 |
| entering into any written contract with the clients. These | 33 |
| complaint procedures must be filed with the Department within 6 | 34 |
| months after the effective date of this amendatory Act of the |
|
|
|
HB3628 Enrolled |
- 19 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| 94th General Assembly. Failure to comply with this Section may | 2 |
| result in the suspension of licensure for a period of 90 days. | 3 |
| Subsequent violations may result in licensure revocation. The | 4 |
| Department shall adopt rules that describe the complaint | 5 |
| procedures required by each agency. These rules shall include | 6 |
| without limitation prompt complaint response time, recording | 7 |
| of the complaints, prohibition of agency retaliation against | 8 |
| the person making the complaint, and agency reporting of all | 9 |
| complaints to the Department in a timely manner. Any agency | 10 |
| that maintains a website shall post the prescribed complaint | 11 |
| procedures and its license number, as well as the statewide | 12 |
| toll-free complaint registry telephone number, on its website.
| 13 |
| (225 ILCS 10/11) (from Ch. 23, par. 2221)
| 14 |
| Sec. 11. Whenever the Department is advised, or has reason | 15 |
| to believe, that any
person, group of persons or corporation is | 16 |
| operating a child welfare agency or a child care facility
| 17 |
| without a license or permit, it shall make an investigation to | 18 |
| ascertain the
facts. If the Department is denied access, it | 19 |
| shall request intervention
of local, county or State law | 20 |
| enforcement agencies to seek an appropriate
court order or | 21 |
| warrant to examine the premises. A person or entity
preventing | 22 |
| the Department from carrying out its duties under this Section
| 23 |
| shall be guilty of a violation of this Act and shall be subject | 24 |
| to such
penalties related thereto. If it finds that the child | 25 |
| welfare agency or child care facility is
being, or has been
| 26 |
| operated
without a license or permit, it shall report the | 27 |
| results of its investigation
to the Attorney General, and to | 28 |
| the appropriate State's Attorney for
investigation and, if | 29 |
| appropriate,
prosecution.
| 30 |
| Operating a child welfare agency or child care facility | 31 |
| without a license constitutes a Class A misdemeanor,
followed | 32 |
| by a business offense, if the operator continues to operate the
| 33 |
| facility and no effort is made to obtain a license.
The | 34 |
| business offense fine shall not exceed $10,000 and each day of | 35 |
| a
violation is a separate offense.
|
|
|
|
HB3628 Enrolled |
- 20 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| (Source: P.A. 85-215.)
| 2 |
| (225 ILCS 10/11.1) (from Ch. 23, par. 2221.1)
| 3 |
| Sec. 11.1. Referrals to law enforcement.
| 4 |
| (a) If the Department has reasonable cause to believe
Upon | 5 |
| request of the Director, the Attorney General or the State's
| 6 |
| Attorney of the county in which the violation occurred, shall | 7 |
| initiate
injunction proceedings whenever it appears that any | 8 |
| person, group of
persons, or
corporation , agency, association, | 9 |
| organization, institution, center, or group is engaged or about | 10 |
| to engage in any acts or
practices that
which constitute or | 11 |
| will constitute a violation of this Act , the Department shall | 12 |
| inform the Attorney General or the State's Attorney of the | 13 |
| appropriate county, who may initiate the appropriate civil or | 14 |
| criminal proceedings
or
any rule or regulation prescribed under | 15 |
| authority thereof . Upon a proper
showing, any circuit court may | 16 |
| enter a permanent or preliminary injunction
or temporary | 17 |
| restraining order without bond to enforce this Act or any rule
| 18 |
| or regulation prescribed thereunder in addition to the | 19 |
| penalties and other
remedies provided in this Act.
| 20 |
| (b) If the Department has reasonable cause to believe that | 21 |
| any person, group of persons, corporation, agency, | 22 |
| association, organization, institution, center, or group is | 23 |
| engaged or is about to engage in any act or practice that | 24 |
| constitutes or may constitute a violation of any rule adopted | 25 |
| under the authority of this Act, the Department may inform the | 26 |
| Attorney General or the State's Attorney of the appropriate | 27 |
| county, who may initiate the appropriate civil or criminal | 28 |
| proceedings. Upon a proper showing, any circuit court may enter | 29 |
| a permanent or preliminary injunction or temporary restraining | 30 |
| order without bond to enforce this Act or any rule prescribed | 31 |
| under this Act, in addition to the penalties and other remedies | 32 |
| provided in this Act.
| 33 |
| (Source: P.A. 84-548.)
| 34 |
| (225 ILCS 10/12) (from Ch. 23, par. 2222)
|
|
|
|
HB3628 Enrolled |
- 21 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| Sec. 12. Advertisements.
| 2 |
| (a) In this Section, "advertise" means communication by any | 3 |
| public medium originating or distributed in this State, | 4 |
| including, but not limited to, newspapers, periodicals, | 5 |
| telephone book listings, outdoor advertising signs, radio, or | 6 |
| television. | 7 |
| (b) A child care facility or child welfare agency licensed | 8 |
| or operating under a permit issued by the Department may | 9 |
| publish advertisements for the services that the facility is | 10 |
| specifically licensed or issued a permit under this Act to | 11 |
| provide. A person, group of persons, agency, association, | 12 |
| organization, corporation, institution, center, or group who | 13 |
| advertises or causes to be published any advertisement | 14 |
| offering, soliciting, or promising to perform adoption | 15 |
| services as defined in Section 2.24 of this Act is guilty of a | 16 |
| Class A misdemeanor and shall be subject to a fine not to | 17 |
| exceed $10,000 or 9 months imprisonment for each advertisement, | 18 |
| unless that person, group of persons, agency, association, | 19 |
| organization, corporation, institution, center, or group is | 20 |
| (i) licensed or operating under a permit issued by the | 21 |
| Department as a child care facility or child welfare agency, | 22 |
| (ii) a biological parent or a prospective adoptive parent | 23 |
| acting on his or her own behalf, or (iii) a licensed attorney | 24 |
| advertising his or her availability to provide legal services | 25 |
| relating to adoption, as permitted by law. | 26 |
| (c) Every advertisement published after the effective date | 27 |
| of this amendatory Act of the 94th General Assembly shall | 28 |
| include the Department-issued license number of the facility or | 29 |
| agency. | 30 |
| (d) Any licensed child welfare agency providing adoption | 31 |
| services that, after the effective date of this amendatory Act | 32 |
| of the 94th General Assembly, causes to be published an | 33 |
| advertisement containing reckless or intentional | 34 |
| misrepresentations concerning adoption services or | 35 |
| circumstances material to the placement of a child for adoption | 36 |
| is guilty of a Class A misdemeanor and is subject to a fine not |
|
|
|
HB3628 Enrolled |
- 22 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| to exceed $10,000 or 9 months imprisonment for each | 2 |
| advertisement.
| 3 |
| (e) An out-of-state agency that is not licensed in Illinois | 4 |
| and that has a written interagency agreement with one or more | 5 |
| Illinois licensed child welfare agencies may advertise under | 6 |
| this Section, provided that (i) the out-of-state agency must be | 7 |
| officially recognized by the United States Internal Revenue | 8 |
| Service as a tax-exempt organization under 501(c)(3) of the | 9 |
| Internal Revenue Code of 1986 (or any successor provision of | 10 |
| federal tax law), (ii) the out-of-state agency provides only | 11 |
| international adoption services and is covered by the | 12 |
| Intercountry Adoption Act of 2000, (iii) the out-of-state | 13 |
| agency displays, in the
advertisement, the license number of at | 14 |
| least one of the Illinois licensed child welfare agencies with | 15 |
| which it has a written agreement, and (iv) the advertisements | 16 |
| pertain only to international adoption services. Subsection | 17 |
| (d) of this Section shall apply to any out-of-state agencies | 18 |
| described in this subsection (e).
| 19 |
| (f) An advertiser, publisher, or broadcaster, including, | 20 |
| but not limited to, newspapers, periodicals, telephone book | 21 |
| publishers, outdoor advertising signs, radio stations, or | 22 |
| television stations, who knowingly or recklessly advertises or | 23 |
| publishes any advertisement offering, soliciting, or promising | 24 |
| to perform adoption services, as defined in Section 2.24 of | 25 |
| this Act, on behalf of a person, group of persons, agency, | 26 |
| association, organization, corporation, institution, center, | 27 |
| or group, not authorized to advertise under subsection (b) or | 28 |
| subsection (e) of this Section, is guilty of a Class A | 29 |
| misdemeanor and is subject to a fine not to exceed $10,000 or 9 | 30 |
| months imprisonment for each advertisement. | 31 |
| (g) The Department shall maintain a website listing child | 32 |
| welfare agencies licensed by the Department that provide | 33 |
| adoption services and other general information for biological | 34 |
| parents and adoptive parents. The website shall include, but | 35 |
| not be limited to, agency addresses, phone numbers, e-mail | 36 |
| addresses, website addresses, annual reports as referenced in |
|
|
|
HB3628 Enrolled |
- 23 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| Section 7.6 of this Act, agency license numbers, the Birth | 2 |
| Parent Bill of Rights, the Adoptive Parents Bill of Rights, and | 3 |
| the Department's complaint registry established under Section | 4 |
| 9.1a of this Act. The Department shall adopt any rules | 5 |
| necessary to implement this Section.
A child care facility | 6 |
| licensed or operating under a permit issued by the
Department | 7 |
| may publish advertisements of the services for which it is
| 8 |
| specifically licensed or issued a permit under this Act. No | 9 |
| person, unless
licensed or holding a permit as a child care | 10 |
| facility, may cause to be
published any advertisement | 11 |
| soliciting a child or children for care or
placement or | 12 |
| offering a child or children for care or placement.
| 13 |
| (Source: P.A. 76-63.)
| 14 |
| (225 ILCS 10/14.6 new)
| 15 |
| Sec. 14.6. Agency payment of salaries or other | 16 |
| compensation.
| 17 |
| (a) A licensed child welfare agency may pay salaries or | 18 |
| other compensation to its officers, employees, agents, | 19 |
| contractors, or any other persons acting on its behalf for | 20 |
| providing adoption services, provided that all of the following | 21 |
| limitations apply: | 22 |
| (1) The fees, wages, salaries, or other compensation of | 23 |
| any description paid to the officers, employees, | 24 |
| contractors, or any other person acting on behalf of a | 25 |
| child welfare agency providing adoption services shall not | 26 |
| be unreasonably high in relation to the services actually | 27 |
| rendered. Every form of compensation shall be taken into | 28 |
| account in determining whether fees, wages, salaries, or | 29 |
| compensation are unreasonably high, including, but not | 30 |
| limited to, salary, bonuses, deferred and non-cash | 31 |
| compensation, retirement funds, medical and liability | 32 |
| insurance, loans, and other benefits such as the use, | 33 |
| purchase, or lease of vehicles, expense accounts, and food, | 34 |
| housing, and clothing allowances. | 35 |
| (2) Any earnings, if applicable, or compensation paid |
|
|
|
HB3628 Enrolled |
- 24 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| to the child welfare agency's directors, stockholders, or | 2 |
| members of its governing body shall not be unreasonably | 3 |
| high in relation to the services rendered. | 4 |
| (3) Persons providing adoption services for a child | 5 |
| welfare agency may be compensated only for services | 6 |
| actually rendered and only on a fee-for-service, hourly | 7 |
| wage, or salary basis. | 8 |
| (b) The Department may adopt rules setting forth the | 9 |
| criteria to determine what constitutes unreasonably high fees | 10 |
| and compensation as those terms are used in this Section. In | 11 |
| determining the reasonableness of fees, wages, salaries, and | 12 |
| compensation under paragraphs (1) and (2) of subsection (a) of | 13 |
| this Section, the Department shall take into account the | 14 |
| location, number, and qualifications of staff, workload | 15 |
| requirements, budget, and size of the agency or person and | 16 |
| available norms for compensation within the adoption | 17 |
| community. Every licensed child welfare agency providing | 18 |
| adoption services shall provide the Department and the Attorney | 19 |
| General with a report, on an annual basis, providing a | 20 |
| description of the fees, wages, salaries and other compensation | 21 |
| described in paragraphs (1), (2), and (3) of this Section. | 22 |
| Nothing in the Adoption Compensation Prohibition Act shall be | 23 |
| construed to prevent a child welfare agency from charging fees | 24 |
| or the payment of salaries and compensation as limited in this | 25 |
| Section and any applicable Section of this Act or the Adoption | 26 |
| Act. | 27 |
| (c) This Section does not apply to international adoption | 28 |
| services performed by those child welfare agencies governed by | 29 |
| the 1993 Hague Convention on Protection of Children and | 30 |
| Cooperation in Respect of Intercountry Adoption and the | 31 |
| Intercountry Adoption Act of 2000. | 32 |
| (d) Eligible agencies may be deemed compliant with this | 33 |
| Section.
| 34 |
| (225 ILCS 10/14.7 new)
| 35 |
| Sec. 14.7. Payments to biological parents.
|
|
|
|
HB3628 Enrolled |
- 25 - |
LRB094 10953 RAS 41538 b |
|
| 1 |
| (a) Payment of reasonable living expenses by a child | 2 |
| welfare agency shall not obligate the biological parents to | 3 |
| place the child for adoption. In the event that the biological | 4 |
| parents choose not to place the child for adoption, the child | 5 |
| welfare agency shall have no right to seek reimbursement from | 6 |
| the biological parents, or from any relative of the biological | 7 |
| parents, of moneys paid to, or on behalf of, the biological | 8 |
| parents, except as provided in subsection (b) of this Section. | 9 |
| (b) Notwithstanding subsection (a) of this Section, a child | 10 |
| welfare agency may seek reimbursement of reasonable living | 11 |
| expenses from a person who receives such payments only if the | 12 |
| person who accepts payment of reasonable living expenses before | 13 |
| the child's birth, as described in subsection (a) of this | 14 |
| Section, knows that the person on whose behalf they are | 15 |
| accepting payment is not pregnant at the time of the receipt of | 16 |
| such payments or the person receives reimbursement for | 17 |
| reasonable living expenses simultaneously from more than one | 18 |
| child welfare agency without the agencies' knowledge.
| 19 |
| Section 10. The Adoption Compensation Prohibition Act is | 20 |
| amended by changing Sections 1, 2, 3, 4, and 4.1 and by adding | 21 |
| Section 4.9 as follows:
| 22 |
| (720 ILCS 525/1) (from Ch. 40, par. 1701)
| 23 |
| Sec. 1. No person and no agency, association, corporation, | 24 |
| institution,
society, or other organization, except a child | 25 |
| welfare agency as defined by
the Child Care Act of 1969, as now | 26 |
| or hereafter
amended, shall request, receive or accept any | 27 |
| compensation or thing of
value, directly or indirectly, for | 28 |
| providing adoption services, as defined in Section 2.24 of the | 29 |
| Child Care Act of 1969
placing out of a child .
| 30 |
| (Source: P.A. 86-820.)
| 31 |
| (720 ILCS 525/2) (from Ch. 40, par. 1702)
| 32 |
| Sec. 2. No person shall pay or give any compensation or | 33 |
| thing of value,
directly or indirectly, for providing adoption |
|
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| services, as defined in Section 2.24 of the Child Care Act of | 2 |
| 1969, including placing out of a child to any person or to any
| 3 |
| agency, association, corporation, institution, society, or | 4 |
| other
organization except a child welfare agency as defined by | 5 |
| the Child Care
Act of 1969, as now or hereafter amended.
| 6 |
| (Source: P.A. 86-820.)
| 7 |
| (720 ILCS 525/3) (from Ch. 40, par. 1703)
| 8 |
| Sec. 3. Definitions.
As used in this Act :
the term
| 9 |
| " Placing
placing out" means to arrange for the
free care or | 10 |
| placement of a child in a family other than that of the child's | 11 |
| parent,
stepparent, grandparent, brother, sister, uncle or | 12 |
| aunt or legal guardian,
for the purpose of adoption or for the | 13 |
| purpose of providing care. | 14 |
| "Adoption services" has the meaning given that term in the | 15 |
| Child Care Act of 1969.
| 16 |
| (Source: Laws 1955, p. 1881.)
| 17 |
| (720 ILCS 525/4) (from Ch. 40, par. 1704)
| 18 |
| Sec. 4. The provisions of this Act shall not be construed | 19 |
| to prevent the
payment of salaries or other compensation by a | 20 |
| licensed child welfare
agency providing adoption services , as | 21 |
| that term is defined by the Child Care Act of 1969, as now
or | 22 |
| hereafter amended, to the officers ,
or employees , agents, | 23 |
| contractors, or any other persons acting on behalf of the child | 24 |
| welfare agency, provided that such salaries and compensation | 25 |
| are consistent with subsection (a) of Section 14.5 of the Child | 26 |
| Care Act of 1969. | 27 |
| The provisions of this Act shall not
thereof;
nor shall it
| 28 |
| be construed to prevent the payment by a person with whom a
| 29 |
| child has been placed for adoption
out of reasonable and actual | 30 |
| medical fees or hospital
charges for services rendered in | 31 |
| connection with the birth of such child,
if such payment is | 32 |
| made to the physician or hospital who or which rendered
the | 33 |
| services or to the biological
natural mother of the child or to | 34 |
| prevent the
receipt of such payment by such physician, |
|
|
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LRB094 10953 RAS 41538 b |
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| hospital, or mother.
| 2 |
| (Source: P.A. 86-820.)
| 3 |
| (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
| 4 |
| (Text of Section after amendment by P.A. 93-1063 )
| 5 |
| Sec. 4.1. Payment of certain expenses.
| 6 |
| (a) A person or persons who have filed or intend to file a | 7 |
| petition to
adopt a child under the Adoption Act shall be | 8 |
| permitted to pay the
reasonable living expenses of the | 9 |
| biological parents of the child sought to
be adopted, in | 10 |
| addition to those expenses set forth in Section 4, only in
| 11 |
| accordance with the provisions of this Section.
| 12 |
| "Reasonable living expenses" means those expenses related | 13 |
| to activities of daily living and meeting basic needs, | 14 |
| including, but not limited to,
the reasonable costs of lodging, | 15 |
| food,
and clothing for the biological parents during the period | 16 |
| of the biological
mother's pregnancy and for no more than 120 | 17 |
| days prior to the biological mother's expected date of delivery | 18 |
| and for no more than 60
30 days after the birth of the
child. | 19 |
| The term does not include expenses for lost wages, gifts,
| 20 |
| educational expenses, or other similar expenses of the | 21 |
| biological parents.
| 22 |
| (b) The petitioners may seek leave of the court to pay the | 23 |
| reasonable
living expenses of the biological parents. They | 24 |
| shall be permitted to pay
the reasonable living expenses of the | 25 |
| biological parents only upon prior
order of the circuit court | 26 |
| where the petition for adoption will be filed,
or if the | 27 |
| petition for adoption has been filed in the circuit court where
| 28 |
| the petition is pending.
| 29 |
| (c) Payments under this Section shall be permitted only in | 30 |
| those
circumstances where there is a demonstrated need for the | 31 |
| payment of such
expenses to protect the health of the | 32 |
| biological parents or the health of
the child sought to be | 33 |
| adopted.
| 34 |
| (d) Payment of their reasonable living expenses, as | 35 |
| provided in this
Section, shall not obligate the biological |
|
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HB3628 Enrolled |
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| parents to place the child for
adoption. In the event the | 2 |
| biological parents choose not to place the
child for adoption, | 3 |
| the petitioners shall have no right to seek
reimbursement from | 4 |
| the biological parents, or from any relative or associate of | 5 |
| the biological parents,
of moneys paid to , or on behalf of, the | 6 |
| biological parents pursuant to a court
order under this | 7 |
| Section.
| 8 |
| (d-5) No person or entity shall offer, provide, or co-sign | 9 |
| a loan or any other credit accommodation, directly or | 10 |
| indirectly, with a biological parent or a relative or associate
| 11 |
| of a biological parent based on the contingency of a surrender | 12 |
| or placement of a child for adoption.
| 13 |
| (e) Within 14 days after the completion of all payments for | 14 |
| reasonable
living expenses of the biological parents under this | 15 |
| Section, the petitioners
shall present a final accounting of | 16 |
| all those expenses to the court. The
accounting shall include | 17 |
| vouchers for all moneys expended, copies of all checks
written, | 18 |
| and receipts for all cash payments. The accounting shall also | 19 |
| include
the verified statements of the petitioners, each | 20 |
| attorney of record, and the
biological parents or parents to | 21 |
| whom or on whose behalf the payments were made
attesting to the | 22 |
| accuracy of the accounting.
| 23 |
| (f) If the placement of a child for adoption is made in | 24 |
| accordance with the
Interstate Compact on the Placement of | 25 |
| Children, and if the sending state
permits the payment of any | 26 |
| expenses of biological parents that are not
permitted under | 27 |
| this Act, then the payment of those expenses shall not be a
| 28 |
| violation of this Act. In that event, the petitioners shall | 29 |
| file an accounting
of all payments of the expenses of the | 30 |
| biological parent or
parents with the court in which the | 31 |
| petition for adoption is filed or is to be
filed. The | 32 |
| accounting shall include a copy of the statutory provisions of | 33 |
| the
sending state that permit payments in addition to those | 34 |
| permitted by this Act
and a copy of all orders entered in the | 35 |
| sending state that relate to expenses
of the biological parents | 36 |
| paid by the petitioners in the sending state.
|
|
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HB3628 Enrolled |
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| (g) The petitioners shall be permitted to pay the | 2 |
| reasonable attorney's fees
of the biological parents' attorney | 3 |
| in connection with proceedings under this
Act or in connection | 4 |
| with proceedings for the adoption of the child. The
attorney's | 5 |
| fees shall be paid only after a petition seeking leave to pay | 6 |
| those
fees is filed with the court in which the adoption | 7 |
| proceeding is filed or to be
filed. The court shall review the | 8 |
| petition for leave to pay attorney's fees,
and if the court | 9 |
| determines that the fees requested are reasonable, the court
| 10 |
| shall permit
the petitioners to pay them. If the court | 11 |
| determines that the fees requested
are not
reasonable, the | 12 |
| court shall determine and set the reasonable attorney's fees of
| 13 |
| the biological parents' attorney which may be paid by the | 14 |
| petitioners.
| 15 |
| (h) The court may appoint a guardian ad litem for an unborn | 16 |
| child to
represent the interests of the child in proceedings | 17 |
| under this Section.
| 18 |
| (i) The provisions of this Section apply to a person who | 19 |
| has filed or intends to file a petition to adopt a child under | 20 |
| the Adoption Act. This Section does not apply to a licensed | 21 |
| child welfare agency, as that term is defined in the Child Care | 22 |
| Act of 1969, whose payments are governed by the Child Care Act | 23 |
| of 1969 and the Department rules adopted thereunder.
| 24 |
| (Source: P.A. 93-1063, eff. 6-1-05.)
| 25 |
| (720 ILCS 525/4.9 new)
| 26 |
| Sec. 4.9. Injunctive relief.
| 27 |
| (a) Whenever it appears that any person, agency, | 28 |
| association, corporation, institution, society, or other | 29 |
| organization is engaged or about to engage in any acts or | 30 |
| practices that constitute or will constitute a violation of | 31 |
| this Act, the Department shall inform the Attorney General and | 32 |
| the State's Attorney of the appropriate county. Under such | 33 |
| circumstances, the Attorney General or the State's Attorney may | 34 |
| initiate injunction proceedings. Upon a proper showing, any | 35 |
| circuit court may enter a permanent or preliminary injunction |
|
|
|
HB3628 Enrolled |
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LRB094 10953 RAS 41538 b |
|
| 1 |
| or temporary restraining order without bond to enforce this Act | 2 |
| or any rule adopted under this Act in addition to any other | 3 |
| penalties and other remedies provided in this Act. | 4 |
| (b) Whenever it appears that any person, agency, | 5 |
| association, corporation, institution, society, or other | 6 |
| organization is engaged or is about to engage in any act or | 7 |
| practice that constitutes or will constitute a violation of any | 8 |
| rule adopted under the authority of this Act, the Department | 9 |
| may inform the Attorney General and the State's Attorney of the | 10 |
| appropriate county. Under such circumstances, the Attorney | 11 |
| General or the State's Attorney may initiate injunction | 12 |
| proceedings. Upon a proper showing, any circuit court may enter | 13 |
| a permanent or preliminary injunction or a temporary | 14 |
| restraining order without bond to enforce this Act or any rule | 15 |
| adopted under this Act, in addition to any other penalties and | 16 |
| remedies provided in this Act.
| 17 |
| Section 15. The Adoption Act is amended by changing | 18 |
| Sections 4.1 and 21 as follows:
| 19 |
| (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
| 20 |
| Sec. 4.1. Except for children placed with relatives by the | 21 |
| Department of
Children and Family Services pursuant to | 22 |
| subsection (b) of Section 7 of the
Children and Family Services | 23 |
| Act, placements under this Act shall comply with
the Child Care | 24 |
| Act of 1969 and the Interstate Compact on the Placement of
| 25 |
| Children. Placements of children born outside the United States | 26 |
| or a territory
thereof shall comply with rules promulgated by | 27 |
| the United States Department of
Immigration and | 28 |
| Naturalization.
| 29 |
| Rules promulgated by the Department of Children and Family | 30 |
| Services shall
include but not be limited to the following:
| 31 |
| (a) Any agency providing adoption services as defined in | 32 |
| Section 2.24 of the Child Care Act of 1969
which places such | 33 |
| children for adoption in this State:
| 34 |
| (i) Shall be licensed in this State as a child welfare |
|
|
|
HB3628 Enrolled |
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LRB094 10953 RAS 41538 b |
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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 | 27 |
| which provides that such agency shall be liable for all | 28 |
| costs associated
with the placement of such child in the | 29 |
| event a judgment
judgement of adoption is not
entered, upon | 30 |
| such terms and conditions as the Department deems | 31 |
| appropriate.
| 32 |
| The rules shall also provide that any agency that places | 33 |
| children for
adoption in this State may not, in any policy or | 34 |
| practice relating to the
placement of children for adoption, | 35 |
| discriminate against any child or
prospective adoptive parent | 36 |
| on the basis of race.
|
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| (a-5) Out-of-state private placing agencies that seek to | 2 |
| place children into Illinois for the purpose of foster care or | 3 |
| adoption shall provide all of the following to the Department: | 4 |
| (i) A copy of the agency's current license or other | 5 |
| form of authorization from the approving authority in the | 6 |
| agency's state. If no such license or authorization is | 7 |
| issued, the agency must provide a reference statement from | 8 |
| the approving authority stating the agency is authorized to | 9 |
| place children in foster care or adoption or both in its | 10 |
| jurisdiction. | 11 |
| (ii) A description of the program, including home | 12 |
| studies, placements, and supervisions that the child | 13 |
| placing agency conducts within its geographical area, and, | 14 |
| if applicable, adoptive placements and the finalization of | 15 |
| adoptions. The child placing agency must accept continued | 16 |
| responsibility for placement planning and replacement if | 17 |
| the placement fails. | 18 |
| (iii) Notification to the Department of any | 19 |
| significant child placing agency changes after approval.
| 20 |
| (iv) Any other information the Department may require.
| 21 |
| If the adoption is finalized prior to bringing or sending | 22 |
| the child to Illinois, Department approval of the out-of-state | 23 |
| child placing agency involved is not required under this | 24 |
| Section, nor is compliance with the Interstate Compact on the | 25 |
| Placement of Children.
| 26 |
| (b) As an alternative to requiring the bond provided for in | 27 |
| paragraph
(a)(iv) of this Section, the Department of Children | 28 |
| and Family Services may
require the filing of such a bond by | 29 |
| the individual or individuals seeking
to adopt such a child | 30 |
| through placement of such child by a child placement
agency | 31 |
| located in a state which is not a party to the Interstate | 32 |
| Compact on
the Placement of Children.
| 33 |
| (c) In the case of any foreign-born child brought to the | 34 |
| United States
for adoption in this State, the following | 35 |
| preadoption requirements shall be
met:
| 36 |
| (1) Documentation that the child is legally free for |
|
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LRB094 10953 RAS 41538 b |
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| adoption prior to
entry into the United States shall be | 2 |
| submitted.
| 3 |
| (2) A medical report on the child, by authorized | 4 |
| medical personnel in
the country of the child's origin, | 5 |
| shall be provided when such personnel are
available.
| 6 |
| (3) Verification that the adoptive family has been | 7 |
| licensed as a foster
family home pursuant to the Child Care | 8 |
| Act of 1969, as now or hereafter
amended, shall be | 9 |
| provided.
| 10 |
| (4) A valid home study conducted by a licensed child | 11 |
| welfare agency that
complies with guidelines established | 12 |
| by the United States Immigration and
Naturalization | 13 |
| Service at 8 CFR 204.4(d)(2)(i), as now or hereafter | 14 |
| amended,
shall be submitted. A home study is considered | 15 |
| valid if it contains:
| 16 |
| (i) A factual evaluation of the financial, | 17 |
| physical, mental and moral
capabilities of the | 18 |
| prospective parent or parents to rear and educate the | 19 |
| child
properly.
| 20 |
| (ii) A detailed description of the living | 21 |
| accommodations where the
prospective parent or parents | 22 |
| currently reside.
| 23 |
| (iii) A detailed description of the living | 24 |
| accommodations in the United
States where the child | 25 |
| will reside, if known.
| 26 |
| (iv) A statement or attachment recommending the | 27 |
| proposed adoption signed
by an official of the child | 28 |
| welfare agency which has conducted the home study.
| 29 |
| (5) The placing agency located in a non-compact state | 30 |
| or a family
desiring to adopt through an authorized | 31 |
| placement party in a non-compact
state or a foreign country | 32 |
| shall file with the Department of Children and
Family | 33 |
| Services a bond with surety in the amount of $5,000 as | 34 |
| protection that a
foreign-born child accepted for care or | 35 |
| supervision not become a public charge
upon the State of | 36 |
| Illinois.
|
|
|
|
HB3628 Enrolled |
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LRB094 10953 RAS 41538 b |
|
| 1 |
| (6) In lieu of the $5,000 bond, the placement agency | 2 |
| may sign a binding
agreement with the Department of | 3 |
| Children and Family Services to assume
full liability for | 4 |
| all placements should, for any reason, the adoption be
| 5 |
| disrupted or not be completed, including financial and | 6 |
| planning
responsibility until the child is either returned | 7 |
| to the country of its
origin or placed with a new adoptive | 8 |
| family in the United States and that
adoption is finalized.
| 9 |
| (7) Compliance with the requirements of the Interstate | 10 |
| Compact on the
Placement of Children, when applicable, | 11 |
| shall be demonstrated.
| 12 |
| (8) When a child is adopted in a foreign country and a | 13 |
| final, complete
and valid Order of Adoption is issued in | 14 |
| that country, as determined by
both the United States | 15 |
| Department of State and the United States Department
of | 16 |
| Justice, this State shall not impose
any additional | 17 |
| preadoption requirements. The adoptive family, however,
| 18 |
| must comply with applicable requirements of the United | 19 |
| States Department of
Immigration and Naturalization as | 20 |
| provided in 8 CFR 204.4 (d)(2)(ii), as now
or hereafter | 21 |
| amended.
| 22 |
| (d) The Department of Children and Family Services shall | 23 |
| maintain the
office of Intercountry Adoption Coordinator, | 24 |
| shall maintain and protect the
rights of families and children | 25 |
| participating in adoption of foreign born
children, and shall | 26 |
| develop ongoing programs of support and services to such
| 27 |
| families and children. The Intercountry Adoption Coordinator | 28 |
| shall determine
that all preadoption requirements have been met | 29 |
| and report such information to
the Department of Immigration | 30 |
| and Naturalization.
| 31 |
| (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
| 32 |
| (750 ILCS 50/21) (from Ch. 40, par. 1526)
| 33 |
| Sec. 21. Compensation for placing of children prohibited.
| 34 |
| No person, agency, association, corporation, institution, | 35 |
| society or
other organization, except a child welfare agency as |
|
|
|
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LRB094 10953 RAS 41538 b |
|
| 1 |
| defined by the "Child
Care Act", approved July 10, 1957, as now | 2 |
| or hereafter amended, shall
receive or accept, or pay or give | 3 |
| any compensation or thing of value,
directly or indirectly, for | 4 |
| providing adoption services, as that term is defined in the | 5 |
| Child Care Act of 1969, including placing out of a child as is | 6 |
| more specifically
provided in "An Act to prevent the payment or | 7 |
| receipt of compensation for
placing out children for adoption | 8 |
| or for the purpose of providing care",
approved July 14, 1955, | 9 |
| as now or hereafter amended.
| 10 |
| (Source: Laws, 1959, p. 1269.)
| 11 |
| Section 95. No acceleration or delay. Where this Act makes | 12 |
| changes in a
statute that is represented in this Act by text | 13 |
| that is not yet or no longer in
effect (for example, a Section | 14 |
| represented by multiple versions), the use of
that text does | 15 |
| not accelerate or delay the taking effect of (i) the changes
| 16 |
| made by this Act or (ii) provisions derived from any other | 17 |
| Public Act.
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|