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91_HB2643
LRB9105723SMdv
1 AN ACT in relation to adoption, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by adding Section 55.64a as follows:
6 (20 ILCS 2310/55.64a new)
7 Sec. 55.64a. Public information campaign; Adoption
8 Registry. The Department of Public Health shall conduct an
9 information campaign for the general public concerning the
10 existence and availability of the Adoption Registry for the
11 purpose of providing identifying information to mutually
12 consenting children surrendered for adoption or adoptees and
13 biological parents and to mutually consenting biological
14 siblings. The Department shall distribute information about
15 the Adoption Registry and its forms to local, State, federal,
16 and voluntary groups representing adoptive parents, adoptees,
17 and biological parents.
18 Section 10. The Clinical Psychologist Licensing Act is
19 amended by changing Section 15 as follows:
20 (225 ILCS 15/15) (from Ch. 111, par. 5365)
21 Sec. 15. Disciplinary action; grounds. The Department
22 may refuse to issue, refuse to renew, suspend, or revoke any
23 license, or may place on probation, censure, reprimand, or
24 take other disciplinary action deemed appropriate by the
25 Department, including the imposition of fines not to exceed
26 $5000 for each violation, with regard to any license issued
27 under the provisions of this Act for any one or a combination
28 of the following reasons:
29 (1) Conviction of any crime that is a felony under the
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1 laws of the United States or any state or territory thereof
2 or that is a misdemeanor of which an essential element is
3 dishonesty, or any crime that is directly related to the
4 practice of the profession.
5 (2) Gross negligence in the rendering of clinical
6 psychological services.
7 (3) Using fraud or making any misrepresentation in
8 applying for a license or in passing the examination provided
9 for in this Act.
10 (4) Aiding or abetting or conspiring to aid or abet a
11 person, not a clinical psychologist licensed under this Act,
12 in representing himself or herself as so licensed or in
13 applying for a license under this Act.
14 (5) Violation of any provision of this Act or the rules
15 promulgated thereunder.
16 (6) Professional connection or association with any
17 person, firm, association, partnership or corporation holding
18 himself, herself, themselves, or itself out in any manner
19 contrary to this Act.
20 (7) Unethical, unauthorized or unprofessional conduct as
21 defined by rule. In establishing those rules, the Department
22 shall consider, though is not bound by, the ethical standards
23 for psychologists promulgated by recognized national
24 psychology associations.
25 (8) Aiding or assisting another person in violating any
26 provisions of this Act or the rules promulgated thereunder.
27 (9) Failing to provide, within 60 days, information in
28 response to a written request made by the Department.
29 (10) Habitual or excessive use or addiction to alcohol,
30 narcotics, stimulants, or any other chemical agent or drug
31 that results in a clinical psychologist's inability to
32 practice with reasonable judgment, skill or safety.
33 (11) Discipline by another state, territory, the
34 District of Columbia or foreign country, if at least one of
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1 the grounds for the discipline is the same or substantially
2 equivalent to those set forth herein.
3 (12) Directly or indirectly giving or receiving from any
4 person, firm, corporation, association or partnership any
5 fee, commission, rebate or other form of compensation for any
6 professional service not actually or personally rendered.
7 (13) A finding by the Board that the licensee, after
8 having his or her license placed on probationary status has
9 violated the terms of probation.
10 (14) Willfully making or filing false records or
11 reports, including but not limited to, false records or
12 reports filed with State agencies or departments.
13 (15) Physical illness, including but not limited to,
14 deterioration through the aging process, mental illness or
15 disability that results in the inability to practice the
16 profession with reasonable judgment, skill and safety.
17 (16) Willfully failing to report an instance of
18 suspected child abuse or neglect as required by the Abused
19 and Neglected Child Reporting Act.
20 (17) Being named as a perpetrator in an indicated report
21 by the Department of Children and Family Services pursuant to
22 the Abused and Neglected Child Reporting Act, and upon proof
23 by clear and convincing evidence that the licensee has caused
24 a child to be an abused child or neglected child as defined
25 in the Abused and Neglected Child Reporting Act.
26 (18) Violation of the Health Care Worker Self-Referral
27 Act.
28 (19) Making a material misstatement in furnishing
29 information to the Department, any other State or federal
30 agency, or any other entity.
31 (20) Any violation of Sections 18.1, 18.2, 18.3, 18.3a,
32 or 18.4 of the Adoption Act.
33 The entry of an order by any circuit court establishing
34 that any person holding a license under this Act is subject
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1 to involuntary admission or judicial admission as provided
2 for in the Mental Health and Developmental Disabilities Code,
3 operates as an automatic suspension of that license. That
4 person may have his or her license restored only upon the
5 determination by a circuit court that the patient is no
6 longer subject to involuntary admission or judicial admission
7 and the issuance of an order so finding and discharging the
8 patient and upon the Board's recommendation to the Department
9 that the license be restored. Where the circumstances so
10 indicate, the Board may recommend to the Department that it
11 require an examination prior to restoring any license so
12 automatically suspended.
13 The Department may refuse to issue or may suspend the
14 license of any person who fails to file a return, or to pay
15 the tax, penalty or interest shown in a filed return, or to
16 pay any final assessment of the tax penalty or interest, as
17 required by any tax Act administered by the Illinois
18 Department of Revenue, until such time as the requirements of
19 any such tax Act are satisfied.
20 In enforcing this Section, the Board upon a showing of a
21 possible violation may compel any person licensed to practice
22 under this Act, or who has applied for licensure or
23 certification pursuant to this Act, to submit to a mental or
24 physical examination, or both, as required by and at the
25 expense of the Department. The examining physicians or
26 clinical psychologists shall be those specifically designated
27 by the Board. The Board or the Department may order the
28 examining physician or clinical psychologist to present
29 testimony concerning this mental or physical examination of
30 the licensee or applicant. No information shall be excluded
31 by reason of any common law or statutory privilege relating
32 to communications between the licensee or applicant and the
33 examining physician or clinical psychologist. The person to
34 be examined may have, at his or her own expense, another
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1 physician or clinical psychologist of his or her choice
2 present during all aspects of the examination. Failure of
3 any person to submit to a mental or physical examination,
4 when directed, shall be grounds for suspension of a license
5 until the person submits to the examination if the Board
6 finds, after notice and hearing, that the refusal to submit
7 to the examination was without reasonable cause.
8 If the Board finds a person unable to practice because of
9 the reasons set forth in this Section, the Board may require
10 that person to submit to care, counseling or treatment by
11 physicians or clinical psychologists approved or designated
12 by the Board, as a condition, term, or restriction for
13 continued, reinstated, or renewed licensure to practice; or,
14 in lieu of care, counseling or treatment, the Board may
15 recommend to the Department to file a complaint to
16 immediately suspend, revoke or otherwise discipline the
17 license of the person. Any person whose license was granted,
18 continued, reinstated, renewed, disciplined or supervised
19 subject to such terms, conditions or restrictions, and who
20 fails to comply with such terms, conditions or restrictions,
21 shall be referred to the Director for a determination as to
22 whether the person shall have his or her license suspended
23 immediately, pending a hearing by the Board.
24 In instances in which the Director immediately suspends a
25 person's license under this Section, a hearing on that
26 person's license must be convened by the Board within 15 days
27 after the suspension and completed without appreciable delay.
28 The Board shall have the authority to review the subject
29 person's record of treatment and counseling regarding the
30 impairment, to the extent permitted by applicable federal
31 statutes and regulations safeguarding the confidentiality of
32 medical records.
33 A person licensed under this Act and affected under this
34 Section shall be afforded an opportunity to demonstrate to
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1 the Board that he or she can resume practice in compliance
2 with acceptable and prevailing standards under the provisions
3 of his or her license.
4 (Source: P.A. 89-702, eff. 7-1-97.)
5 Section 15. The Clinical Social Work and Social Work
6 Practice Act is amended by changing Section 19 as follows:
7 (225 ILCS 20/19) (from Ch. 111, par. 6369)
8 Sec. 19. Grounds for disciplinary action.
9 (1) The Department may refuse to issue, refuse to renew,
10 suspend, or revoke any license, or may place on probation,
11 censure, reprimand, or take other disciplinary action deemed
12 appropriate by the Department, including the imposition of
13 fines not to exceed $1,000 for each violation, with regard to
14 any license issued under the provisions of this Act for any
15 one or a combination of the following reasons:
16 (a) material misstatements of fact in furnishing
17 information to the Department or to any other State
18 agency or in furnishing information to any insurance
19 company with respect to a claim on behalf of a licensee
20 or a patient;
21 (b) violations or negligent or intentional
22 disregard of this Act, or any of the rules promulgated
23 hereunder;
24 (c) conviction of any crime under the laws of the
25 United States or any state or territory thereof that is a
26 felony or misdemeanor, of which an essential element is
27 dishonesty, or of any crime which is directly related to
28 the practice of the clinical social work or social work
29 professions;
30 (d) making any misrepresentation for the purpose of
31 obtaining licenses, or violating any provision of this
32 Act or any of the rules promulgated hereunder;
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1 (e) professional incompetence;
2 (f) malpractice;
3 (g) aiding or assisting another person in violating
4 any provision or this Act or any rules;
5 (h) failing to provide information within 60 days
6 in response to a written request made by the Department;
7 (i) engaging in dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud or harm the public as defined by the rules of the
10 Department, or violating the rules of professional
11 conduct adopted by the Board and published by the
12 Department;
13 (j) habitual or excessive use or addiction to
14 alcohol, narcotics, stimulants, or any other chemical
15 agent or drug that results in a clinical social worker's
16 or social worker's inability to practice with reasonable
17 judgment, skill, or safety;
18 (k) discipline by another jurisdiction, if at least
19 one of the grounds for the discipline is the same or
20 substantially equivalent to those set forth in this
21 Section;
22 (1) directly or indirectly giving to or receiving
23 from any person, firm, corporation, partnership or
24 association any fee, commission, rebate or other form of
25 compensation for any professional service not actually
26 rendered;
27 (m) a finding by the Board that the licensee, after
28 having the license placed on probationary status, has
29 violated the terms of probation;
30 (n) abandonment, without cause, of a client;
31 (o) wilfully filing false reports relating to a
32 licensee's practice, including but not limited to false
33 records filed with Federal or State agencies or
34 departments;
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1 (p) wilfully failing to report an instance of
2 suspected child abuse or neglect as required by the
3 Abused and Neglected Child Reporting Act;
4 (q) being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act, and
7 upon proof by clear and convincing evidence that the
8 licensee has caused a child to be an abused child or
9 neglected child as defined in the Abused and Neglected
10 Child Reporting Act;
11 (r) physical or mental disability, including
12 deterioration through the aging process, or loss of
13 abilities and skills which results in the inability to
14 practice the profession with reasonable judgment, skill
15 or safety;
16 (s) solicitation of professional services by using
17 false or misleading advertising; or
18 (t) violation of the Health Care Worker
19 Self-Referral Act; or
20 (u) any violation of Sections 18.1, 18.2, 18.3,
21 18.3a, or 18.4 of the Adoption Act.
22 (2) (Blank).
23 (3) The determination by a court that a licensee is
24 subject to involuntary admission or judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code, will result in an automatic suspension of his license.
27 Such suspension will end upon a finding by a court that the
28 licensee is no longer subject to involuntary admission or
29 judicial admission and issues an order so finding and
30 discharging the patient, and upon the recommendation of the
31 Board to the Director that the licensee be allowed to resume
32 professional practice.
33 (4) The Department may refuse to issue or may suspend
34 the license of a person who fails to file a return, pay the
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1 tax, penalty, or interest shown in a filed return, or pay any
2 final assessment of tax, penalty, or interest, as required by
3 any tax Act administered by the Department of Revenue, until
4 the requirements of the tax Act are satisfied.
5 (5) In enforcing this Section, the Board upon a showing
6 of a possible violation may compel a person licensed to
7 practice under this Act, or who has applied for licensure or
8 certification pursuant to this Act, to submit to a mental or
9 physical examination, or both, as required by and at the
10 expense of the Department. The examining physicians shall be
11 those specifically designated by the Board. The Board or the
12 Department may order the examining physician to present
13 testimony concerning this mental or physical examination of
14 the licensee or applicant. No information shall be excluded
15 by reason of any common law or statutory privilege relating
16 to communications between the licensee or applicant and the
17 examining physician. The person to be examined may have, at
18 his or her own expense, another physician of his or her
19 choice present during all aspects of the examination.
20 Failure of any person to submit to a mental or physical
21 examination, when directed, shall be grounds for suspension
22 of a license until the person submits to the examination if
23 the Board finds, after notice and hearing, that the refusal
24 to submit to the examination was without reasonable cause.
25 If the Board finds a person unable to practice because of
26 the reasons set forth in this Section, the Board may require
27 that person to submit to care, counseling, or treatment by
28 physicians approved or designated by the Board, as a
29 condition, term, or restriction for continued, reinstated, or
30 renewed licensure to practice; or, in lieu of care,
31 counseling or treatment, the Board may recommend to the
32 Department to file a complaint to immediately suspend, revoke
33 or otherwise discipline the license of the person. Any person
34 whose license was granted, continued, reinstated, renewed,
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1 disciplined or supervised subject to such terms, conditions
2 or restrictions, and who fails to comply with such terms,
3 conditions, or restrictions, shall be referred to the
4 Director for a determination as to whether the person shall
5 have his or her license suspended immediately, pending a
6 hearing by the Board.
7 In instances in which the Director immediately suspends a
8 person's license under this Section, a hearing on that
9 person's license must be convened by the Board within 15 days
10 after the suspension and completed without appreciable delay.
11 The Board shall have the authority to review the subject
12 person's record of treatment and counseling regarding the
13 impairment, to the extent permitted by applicable federal
14 statutes and regulations safeguarding the confidentiality of
15 medical records.
16 A person licensed under this Act and affected under this
17 Section shall be afforded an opportunity to demonstrate to
18 the Board that he or she can resume practice in compliance
19 with acceptable and prevailing standards under the provisions
20 of his or her license.
21 (Source: P.A. 90-150, eff. 12-30-97.)
22 Section 20. The Illinois Vehicle Code is amended by
23 adding Section 6-109.1 as follows:
24 (625 ILCS 5/6-109.1 new)
25 Sec. 6-109.1. Adoption registry information. Every
26 applicant for a driver's license or permit shall be provided
27 with information about the existence and availability of the
28 Adoption Registry established by the Adoption Act prepared by
29 the Illinois Department of Public Health.
30 Section 25. The Adoption Act is amended by changing
31 Sections 1, 18.1, 18.3, 18.3a, and 18.4 as follows:
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1 (750 ILCS 50/1) (from Ch. 40, par. 1501)
2 Sec. 1. Definitions. When used in this Act, unless the
3 context otherwise requires:
4 A. "Child" means a person under legal age subject to
5 adoption under this Act.
6 B. "Related child" means a child subject to adoption
7 where either or both of the adopting parents stands in any of
8 the following relationships to the child by blood or
9 marriage: parent, grand-parent, brother, sister, step-parent,
10 step-grandparent, step-brother, step-sister, uncle, aunt,
11 great-uncle, great-aunt, or cousin of first degree. A child
12 whose parent has executed a final irrevocable consent to
13 adoption or a final irrevocable surrender for purposes of
14 adoption, or whose parent has had his or her parental rights
15 terminated, is not a related child to that person, unless the
16 consent is determined to be void or is void pursuant to
17 subsection O of Section 10.
18 C. "Agency" for the purpose of this Act means a public
19 child welfare agency or a licensed child welfare agency.
20 D. "Unfit person" means any person whom the court shall
21 find to be unfit to have a child, without regard to the
22 likelihood that the child will be placed for adoption. The
23 grounds of unfitness are any one or more of the following:
24 (a) Abandonment of the child.
25 (a-1) Abandonment of a newborn infant in a
26 hospital.
27 (a-2) Abandonment of a newborn infant in any
28 setting where the evidence suggests that the parent
29 intended to relinquish his or her parental rights.
30 (b) Failure to maintain a reasonable degree of
31 interest, concern or responsibility as to the child's
32 welfare.
33 (c) Desertion of the child for more than 3 months
34 next preceding the commencement of the Adoption
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1 proceeding.
2 (d) Substantial neglect of the child if continuous
3 or repeated.
4 (d-1) Substantial neglect, if continuous or
5 repeated, of any child residing in the household which
6 resulted in the death of that child.
7 (e) Extreme or repeated cruelty to the child.
8 (f) Two or more findings of physical abuse to any
9 children under Section 4-8 of the Juvenile Court Act or
10 Section 2-21 of the Juvenile Court Act of 1987, the most
11 recent of which was determined by the juvenile court
12 hearing the matter to be supported by clear and
13 convincing evidence; a criminal conviction or a finding
14 of not guilty by reason of insanity resulting from the
15 death of any child by physical child abuse; or a finding
16 of physical child abuse resulting from the death of any
17 child under Section 4-8 of the Juvenile Court Act or
18 Section 2-21 of the Juvenile Court Act of 1987.
19 (g) Failure to protect the child from conditions
20 within his environment injurious to the child's welfare.
21 (h) Other neglect of, or misconduct toward the
22 child; provided that in making a finding of unfitness the
23 court hearing the adoption proceeding shall not be bound
24 by any previous finding, order or judgment affecting or
25 determining the rights of the parents toward the child
26 sought to be adopted in any other proceeding except such
27 proceedings terminating parental rights as shall be had
28 under either this Act, the Juvenile Court Act or the
29 Juvenile Court Act of 1987.
30 (i) Depravity. Conviction of any one of the
31 following crimes shall create a presumption that a parent
32 is depraved which can be overcome only by clear and
33 convincing evidence: (1) first degree murder in violation
34 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
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1 the Criminal Code of 1961 or conviction of second degree
2 murder in violation of subsection (a) of Section 9-2 of
3 the Criminal Code of 1961 of a parent of the child to be
4 adopted; (2) first degree murder or second degree murder
5 of any child in violation of the Criminal Code of 1961;
6 (3) attempt or conspiracy to commit first degree murder
7 or second degree murder of any child in violation of the
8 Criminal Code of 1961; (4) solicitation to commit murder
9 of any child, solicitation to commit murder of any child
10 for hire, or solicitation to commit second degree murder
11 of any child in violation of the Criminal Code of 1961;
12 or (5) aggravated criminal sexual assault in violation of
13 Section 12-14(b)(1) of the Criminal Code of 1961.
14 There is a rebuttable presumption that a parent is
15 depraved if the parent has been criminally convicted of
16 at least 3 felonies under the laws of this State or any
17 other state, or under federal law, or the criminal laws
18 of any United States territory; and at least one of these
19 convictions took place within 5 years of the filing of
20 the petition or motion seeking termination of parental
21 rights.
22 There is a rebuttable presumption that a parent is
23 depraved if that parent has been criminally convicted of
24 either first or second degree murder of any person as
25 defined in the Criminal Code of 1961 within 10 years of
26 the filing date of the petition or motion to terminate
27 parental rights.
28 (j) Open and notorious adultery or fornication.
29 (j-1) (Blank).
30 (k) Habitual drunkenness or addiction to drugs,
31 other than those prescribed by a physician, for at least
32 one year immediately prior to the commencement of the
33 unfitness proceeding.
34 There is a rebuttable presumption that a parent is
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1 unfit under this subsection with respect to any child to
2 which that parent gives birth where there is a confirmed
3 test result that at birth the child's blood, urine, or
4 meconium contained any amount of a controlled substance
5 as defined in subsection (f) of Section 102 of the
6 Illinois Controlled Substances Act or metabolites of such
7 substances, the presence of which in the newborn infant
8 was not the result of medical treatment administered to
9 the mother or the newborn infant; and the biological
10 mother of this child is the biological mother of at least
11 one other child who was adjudicated a neglected minor
12 under subsection (c) of Section 2-3 of the Juvenile Court
13 Act of 1987.
14 (l) Failure to demonstrate a reasonable degree of
15 interest, concern or responsibility as to the welfare of
16 a new born child during the first 30 days after its
17 birth.
18 (m) Failure by a parent to make reasonable efforts
19 to correct the conditions that were the basis for the
20 removal of the child from the parent, or to make
21 reasonable progress toward the return of the child to the
22 parent within 9 months after an adjudication of neglected
23 or abused minor under Section 2-3 of the Juvenile Court
24 Act of 1987 or dependent minor under Section 2-4 of that
25 Act. If a service plan has been established as required
26 under Section 8.2 of the Abused and Neglected Child
27 Reporting Act to correct the conditions that were the
28 basis for the removal of the child from the parent and if
29 those services were available, then, for purposes of this
30 Act, "failure to make reasonable progress toward the
31 return of the child to the parent" includes the parent's
32 failure to substantially fulfill his or her obligations
33 under the service plan and correct the conditions that
34 brought the child into care within 9 months after the
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1 adjudication under Section 2-3 or 2-4 of the Juvenile
2 Court Act of 1987.
3 (m-1) Pursuant to the Juvenile Court Act of 1987, a
4 child has been in foster care for 15 months out of any 22
5 month period which begins on or after the effective date
6 of this amendatory Act of 1998 unless the child's parent
7 can prove by a preponderance of the evidence that it is
8 more likely than not that it will be in the best
9 interests of the child to be returned to the parent
10 within 6 months of the date on which a petition for
11 termination of parental rights is filed under the
12 Juvenile Court Act of 1987. The 15 month time limit is
13 tolled during any period for which there is a court
14 finding that the appointed custodian or guardian failed
15 to make reasonable efforts to reunify the child with his
16 or her family, provided that (i) the finding of no
17 reasonable efforts is made within 60 days of the period
18 when reasonable efforts were not made or (ii) the parent
19 filed a motion requesting a finding of no reasonable
20 efforts within 60 days of the period when reasonable
21 efforts were not made. For purposes of this subdivision
22 (m-1), the date of entering foster care is the earlier
23 of: (i) the date of a judicial finding at an adjudicatory
24 hearing that the child is an abused, neglected, or
25 dependent minor; or (ii) 60 days after the date on which
26 the child is removed from his or her parent, guardian, or
27 legal custodian.
28 (n) Evidence of intent to forgo forego his or her
29 parental rights, whether or not the child is a ward of
30 the court, (1) as manifested by his or her failure for a
31 period of 12 months: (i) to visit the child, (ii) to
32 communicate with the child or agency, although able to do
33 so and not prevented from doing so by an agency or by
34 court order, or (iii) to maintain contact with or plan
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1 for the future of the child, although physically able to
2 do so, or (2) as manifested by the father's failure,
3 where he and the mother of the child were unmarried to
4 each other at the time of the child's birth, (i) to
5 commence legal proceedings to establish his paternity
6 under the Illinois Parentage Act of 1984 or the law of
7 the jurisdiction of the child's birth within 30 days of
8 being informed, pursuant to Section 12a of this Act, that
9 he is the father or the likely father of the child or,
10 after being so informed where the child is not yet born,
11 within 30 days of the child's birth, or (ii) to make a
12 good faith effort to pay a reasonable amount of the
13 expenses related to the birth of the child and to provide
14 a reasonable amount for the financial support of the
15 child, the court to consider in its determination all
16 relevant circumstances, including the financial condition
17 of both parents; provided that the ground for termination
18 provided in this subparagraph (n)(2)(ii) shall only be
19 available where the petition is brought by the mother or
20 the husband of the mother.
21 Contact or communication by a parent with his or her
22 child that does not demonstrate affection and concern
23 does not constitute reasonable contact and planning under
24 subdivision (n). In the absence of evidence to the
25 contrary, the ability to visit, communicate, maintain
26 contact, pay expenses and plan for the future shall be
27 presumed. The subjective intent of the parent, whether
28 expressed or otherwise, unsupported by evidence of the
29 foregoing parental acts manifesting that intent, shall
30 not preclude a determination that the parent has intended
31 to forgo forego his or her parental rights. In making
32 this determination, the court may consider but shall not
33 require a showing of diligent efforts by an authorized
34 agency to encourage the parent to perform the acts
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1 specified in subdivision (n).
2 It shall be an affirmative defense to any allegation
3 under paragraph (2) of this subsection that the father's
4 failure was due to circumstances beyond his control or to
5 impediments created by the mother or any other person
6 having legal custody. Proof of that fact need only be by
7 a preponderance of the evidence.
8 (o) Repeated or continuous failure by the parents,
9 although physically and financially able, to provide the
10 child with adequate food, clothing, or shelter.
11 (p) Inability to discharge parental
12 responsibilities supported by competent evidence from a
13 psychiatrist, licensed clinical social worker, or
14 clinical psychologist of mental impairment, mental
15 illness or mental retardation as defined in Section 1-116
16 of the Mental Health and Developmental Disabilities Code,
17 or developmental disability as defined in Section 1-106
18 of that Code, and there is sufficient justification to
19 believe that the inability to discharge parental
20 responsibilities shall extend beyond a reasonable time
21 period. However, this subdivision (p) shall not be
22 construed so as to permit a licensed clinical social
23 worker to conduct any medical diagnosis to determine
24 mental illness or mental impairment.
25 (q) The parent has been criminally convicted of
26 aggravated battery, heinous battery, or attempted murder
27 of any child.
28 (r) The child is in the temporary custody or
29 guardianship of the Department of Children and Family
30 Services, the parent is incarcerated as a result of
31 criminal conviction at the time the petition or motion
32 for termination of parental rights is filed, prior to
33 incarceration the parent had little or no contact with
34 the child or provided little or no support for the child,
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1 and the parent's incarceration will prevent the parent
2 from discharging his or her parental responsibilities for
3 the child for a period in excess of 2 years after the
4 filing of the petition or motion for termination of
5 parental rights.
6 (s) The child is in the temporary custody or
7 guardianship of the Department of Children and Family
8 Services, the parent is incarcerated at the time the
9 petition or motion for termination of parental rights is
10 filed, the parent has been repeatedly incarcerated as a
11 result of criminal convictions, and the parent's repeated
12 incarceration has prevented the parent from discharging
13 his or her parental responsibilities for the child.
14 (t) A finding that at birth the child's blood,
15 urine, or meconium contained any amount of a controlled
16 substance as defined in subsection (f) of Section 102 of
17 the Illinois Controlled Substances Act, or a metabolite
18 of a controlled substance, with the exception of
19 controlled substances or metabolites of such substances,
20 the presence of which in the newborn infant was the
21 result of medical treatment administered to the mother or
22 the newborn infant, and that the biological mother of
23 this child is the biological mother of at least one other
24 child who was adjudicated a neglected minor under
25 subsection (c) of Section 2-3 of the Juvenile Court Act
26 of 1987, after which the biological mother had the
27 opportunity to enroll in and participate in a clinically
28 appropriate substance abuse counseling, treatment, and
29 rehabilitation program.
30 E. "Parent" means the father or mother of a legitimate
31 or illegitimate child. For the purpose of this Act, a person
32 who has executed a final and irrevocable consent to adoption
33 or a final and irrevocable surrender for purposes of
34 adoption, or whose parental rights have been terminated by a
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1 court, is not a parent of the child who was the subject of
2 the consent or surrender, unless the consent is void pursuant
3 to subsection O of Section 10.
4 F. A person is available for adoption when the person
5 is:
6 (a) a child who has been surrendered for adoption
7 to an agency and to whose adoption the agency has
8 thereafter consented;
9 (b) a child to whose adoption a person authorized
10 by law, other than his parents, has consented, or to
11 whose adoption no consent is required pursuant to Section
12 8 of this Act;
13 (c) a child who is in the custody of persons who
14 intend to adopt him through placement made by his
15 parents;
16 (c-1) a child for whom a parent has signed a
17 specific consent pursuant to subsection O of Section 10;
18 or
19 (d) an adult who meets the conditions set forth in
20 Section 3 of this Act.
21 A person who would otherwise be available for adoption
22 shall not be deemed unavailable for adoption solely by reason
23 of his or her death.
24 G. The singular includes the plural and the plural
25 includes the singular and the "male" includes the "female",
26 as the context of this Act may require.
27 H. "Adoption disruption" occurs when an adoptive
28 placement does not prove successful and it becomes necessary
29 for the child to be removed from placement before the
30 adoption is finalized.
31 I. "Foreign placing agency" is an agency or individual
32 operating in a country or territory outside the United States
33 that is authorized by its country to place children for
34 adoption either directly with families in the United States
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1 or through United States based international agencies.
2 J. "Immediate relatives" means the biological parents,
3 the parents of the biological parents and siblings of the
4 biological parents.
5 K. "Intercountry adoption" is a process by which a child
6 from a country other than the United States is adopted.
7 L. "Intercountry Adoption Coordinator" is a staff person
8 of the Department of Children and Family Services appointed
9 by the Director to coordinate the provision of services by
10 the public and private sector to prospective parents of
11 foreign-born children.
12 M. "Interstate Compact on the Placement of Children" is
13 a law enacted by most states for the purpose of establishing
14 uniform procedures for handling the interstate placement of
15 children in foster homes, adoptive homes, or other child care
16 facilities.
17 N. "Non-Compact state" means a state that has not
18 enacted the Interstate Compact on the Placement of Children.
19 O. "Preadoption requirements" are any conditions
20 established by the laws or regulations of the Federal
21 Government or of each state that must be met prior to the
22 placement of a child in an adoptive home.
23 P. "Abused child" means a child whose parent or
24 immediate family member, or any person responsible for the
25 child's welfare, or any individual residing in the same home
26 as the child, or a paramour of the child's parent:
27 (a) inflicts, causes to be inflicted, or allows to
28 be inflicted upon the child physical injury, by other
29 than accidental means, that causes death, disfigurement,
30 impairment of physical or emotional health, or loss or
31 impairment of any bodily function;
32 (b) creates a substantial risk of physical injury
33 to the child by other than accidental means which would
34 be likely to cause death, disfigurement, impairment of
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1 physical or emotional health, or loss or impairment of
2 any bodily function;
3 (c) commits or allows to be committed any sex
4 offense against the child, as sex offenses are defined in
5 the Criminal Code of 1961 and extending those definitions
6 of sex offenses to include children under 18 years of
7 age;
8 (d) commits or allows to be committed an act or
9 acts of torture upon the child; or
10 (e) inflicts excessive corporal punishment.
11 Q. "Neglected child" means any child whose parent or
12 other person responsible for the child's welfare withholds or
13 denies nourishment or medically indicated treatment including
14 food or care denied solely on the basis of the present or
15 anticipated mental or physical impairment as determined by a
16 physician acting alone or in consultation with other
17 physicians or otherwise does not provide the proper or
18 necessary support, education as required by law, or medical
19 or other remedial care recognized under State law as
20 necessary for a child's well-being, or other care necessary
21 for his or her well-being, including adequate food, clothing
22 and shelter; or who is abandoned by his or her parents or
23 other person responsible for the child's welfare.
24 A child shall not be considered neglected or abused for
25 the sole reason that the child's parent or other person
26 responsible for his or her welfare depends upon spiritual
27 means through prayer alone for the treatment or cure of
28 disease or remedial care as provided under Section 4 of the
29 Abused and Neglected Child Reporting Act.
30 R. "Putative father" means a man who may be a child's
31 father, but who (1) is not married to the child's mother on
32 or before the date that the child was or is to be born and
33 (2) has not established paternity of the child in a court
34 proceeding before the filing of a petition for the adoption
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1 of the child. The term includes a male who is less than 18
2 years of age. "Putative father" does not mean a man who is
3 the child's father as a result of criminal sexual abuse or
4 assault as defined under Article 12 of the Criminal Code of
5 1961.
6 S. "Biological siblings" means children who have the
7 same biological father and mother and who were born to that
8 mother without the intervention of any assisted reproduction
9 such as surrogate parenting or the use of donor semen or ova,
10 or a donor ovum.
11 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
12 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
13 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
14 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
15 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
16 eff. 7-30-98; revised 10-31-98.)
17 (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1)
18 Sec. 18.1. (a) The Department of Public Health shall
19 establish a Registry for the purpose of providing identifying
20 information to mutually consenting children surrendered for
21 adoption or adoptees and biological parents and to mutually
22 consenting biological siblings. Identifying information for
23 the purpose of this Act shall mean only the name and last
24 known address of the consenting person or persons.
25 (b) At any time after a child is surrendered for
26 adoption, or at any time during the adoption proceedings or
27 at any time thereafter, either biological parent or both of
28 them may file with the Registry a Biological Parent
29 Registration Identification Form and an Information Exchange
30 Authorization.
31 (c) Any adoptee, or any child who has been surrendered
32 for adoption but not adopted ("surrendered child"), may file
33 with the Registry an Adoptee Registration Identification Form
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1 or a Surrendered Child Registration Identification Form and
2 an Information Exchange Authorization if such adoptee or
3 surrendered child is 21 years of age or over; or, if over 18
4 years of age and under 21 years of age, if there is attached
5 to the Information Exchange Authorization (1) written consent
6 of both adoptive parents, or (2) written consent of a single
7 adoptive parent with a certified copy of the Judgment of
8 Adoption, or (3) proof of the death of one adoptive parent
9 and written consent of the surviving adoptive parent, or (4)
10 written consent of the guardian of the adoptee or surrendered
11 child with a certified copy of the Order of Guardianship.
12 (d) The Department of Public Health shall supply to the
13 adoptee or surrendered child and to the biological parents
14 identifying information only if both the adoptee or
15 surrendered child and the biological parents have filed with
16 the Registry an Information Exchange Authorization and the
17 information at the Registry indicates that the consenting
18 adoptee or surrendered child is the child of the consenting
19 biological parents.
20 The Department of Public Health shall supply to adoptees
21 or surrendered children who are biological siblings
22 identifying information only if both siblings have filed with
23 the Registry an Information Exchange Authorization and the
24 information at the Registry indicates that the consenting
25 siblings have one or both biological parents in common.
26 Identifying information shall be supplied to consenting
27 biological siblings if any such sibling is 21 years of age or
28 over; or, if over 18 years of age and under 21 years of age,
29 if there is attached to the Information Exchange
30 Authorization (1) written consent of both adoptive parents,
31 or (2) written consent of a single adoptive parent with a
32 certified copy of the Judgment of Adoption, or (3) proof of
33 the death of one adoptive parent and written consent of the
34 surviving adoptive parent, or (4) written consent of the
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1 guardian of the adoptee or surrendered child with a certified
2 copy of the Order of Guardianship.
3 (e) A biological parent, adoptee or surrendered child
4 may notify the Registry of his desire not to have his
5 identity revealed or may revoke any previously filed
6 Information Exchange Authorization by completing and filing
7 with the Registry a Registry Identification Form along with a
8 Denial of Information Exchange. Any adoptee, surrendered
9 child or biological parent may revoke a Denial of Information
10 Exchange by filing an Information Exchange Authorization. The
11 Department of Public Health shall act in accordance with the
12 most recently filed Authorization.
13 (f) Identifying information ascertained from the
14 Registry shall be confidential and may be disclosed only (1)
15 upon a Court Order, which order shall name the person or
16 persons entitled to the information, or (2) to the adoptee,
17 surrendered child, adopted or surrendered sibling, or
18 biological parent if both the adoptee, or surrendered child,
19 and his or her biological parent, or both adopted or
20 surrendered siblings, have filed with the Registry an
21 Information Exchange Authorization, or (3) as authorized
22 under subsection (h) of Section 18.3 of this Act. Any person
23 who willfully provides unauthorized disclosure of any
24 information filed with the Registry shall be guilty of a
25 Class A misdemeanor and shall be liable for damages.
26 (g) Biological parents and adoptive parents shall be
27 provided with written information about the existence and
28 availability of the Registry not later than the date of
29 placement with the adoptive parents for the purpose of
30 adoption.
31 (Source: P.A. 86-1451.)
32 (750 ILCS 50/18.3) (from Ch. 40, par. 1522.3)
33 Sec. 18.3. (a) The agency, Department of Children and
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1 Family Services, Court Supportive Services, Juvenile Division
2 of the Circuit Court, Probation Officers of the Circuit Court
3 and any other party to the surrender of a child for adoption
4 or in an adoption proceeding shall obtain from any biological
5 parent or parents giving up a child for purposes of adoption
6 after the effective date of this Act a written statement
7 which indicates: (1) a desire to have identifying
8 information shared with the adopted or surrendered child at a
9 later date; (2) a desire not to have identifying information
10 revealed; or (3) that no decision is made at that time.
11 (b) When the written statement is signed, the biological
12 parent or parents shall be informed in writing that their
13 decision regarding the sharing of identifying information can
14 be made or changed by such biological parent or parents at
15 any future date.
16 (c) The biological parent shall be informed in writing
17 that if sharing of identifying information with the adopted
18 or surrendered child is to occur, that the child must be 21
19 years of age or over; or if under the age of 21 with written
20 consent of both adoptive parents, with written consent of a
21 single adoptive parent, with proof of death of one adoptive
22 parent and written consent of the surviving adoptive parent,
23 or with written consent of the guardian of the child.
24 (d) If the biological parent or parents indicate a
25 desire to share identifying information with the child, the
26 statement shall contain information regarding means to
27 communicate with the biological parent, which may include any
28 medical or social information which has been provided by his
29 or her biological parent or parents and biological sibling or
30 siblings as well as all photographs and letters submitted by
31 the adopted person's biological parent or parents and
32 biological sibling or siblings and specifically intended for
33 the adopted person.
34 (e) Any biological parent or parents requesting that no
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1 identifying information be revealed to the adoptee or
2 surrendered child shall be informed that such request will be
3 conveyed to the adoptee or surrendered child if the adoptee
4 or surrendered child requests such information; and such
5 identifying information shall not be revealed.
6 (f) Any adoptee or surrendered child 21 years of age or
7 over, and any adoptee under 21 years of age with written
8 consent of the adoptive parents, the surviving adoptive
9 parent, a single adoptive parent or the guardian of the child
10 may also indicate in writing his desire or lack of desire to
11 share identifying information with the biological parent or
12 parents or biological sibling or siblings. Any adoptee or
13 surrendered child requesting that no identifying information
14 be revealed to the biological parent or biological sibling
15 shall be informed that such request shall be conveyed to the
16 parent if such biological parent or biological sibling
17 requests such information; and such identifying information
18 shall not be revealed.
19 (g) Any biological parents and adoptees or surrendered
20 children indicating their desire to have identifying
21 information shall be informed of the existence of the
22 Registry and assistance shall be given to such biological
23 parent, adoptee or surrendered child to also legally record
24 his name with the Registry.
25 (h) The agency, Department of Children and Family
26 Services, Court Supportive Services, Juvenile Division of the
27 Circuit Court, Probation Officers of the Circuit Court and
28 any other organization involved in the surrender of a child
29 for adoption in an adoption proceeding which has written
30 statements from an adoptee or surrendered child and the
31 biological parent or a biological sibling indicating a desire
32 to receive identifying information shall supply such
33 information to the mutually consenting parties, except that
34 no identifying information shall be supplied to consenting
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1 biological siblings if any such sibling is under 21 years of
2 age. However, both the Registry having an Information
3 Exchange Authorization and the organization having a written
4 statement requesting identifying information shall
5 communicate with each other to determine if the adoptee or
6 surrendered child or the biological parent or biological
7 sibling has signed a form at a later date indicating a change
8 in his desires regarding the sharing of information. The
9 agreement of the biological parent shall be binding.
10 (Source: P.A. 86-1451.)
11 (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
12 Sec. 18.3a. Confidential intermediary.
13 (a) General purposes. Notwithstanding any other
14 provision of this Act, any adoptee over the age of 18 or any
15 adoptive parent or legal guardian of an adoptee under the age
16 of 18 may petition the court for appointment of a
17 confidential intermediary as provided in this Section for the
18 purpose of obtaining from one or both biological parents or a
19 sibling or siblings of the adoptee information concerning the
20 background of a psychological or genetically-based medical
21 problem experienced or which may be expected to be
22 experienced in the future by the adoptee or obtaining
23 assistance in treating such a problem.
24 (b) Petition. The court shall appoint a confidential
25 intermediary for the purposes described in subsection (f) if
26 the petitioner shows the following:
27 (1) the adoptee is suffering or may be expected to
28 suffer in the future from a life-threatening or
29 substantially incapacitating physical illness of any
30 nature, or a psychological disturbance which is
31 substantially incapacitating but not life-threatening, or
32 a mental illness which, in the opinion of a physician
33 licensed to practice medicine in all its branches, is or
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1 could be genetically based to a significant degree;
2 (2) the treatment of the adoptee, in the opinion of
3 a physician licensed to practice medicine in all of its
4 branches, would be materially assisted by information
5 obtainable from the biological parents or might benefit
6 from the provision of organs or other bodily tissues,
7 materials, or fluids by the biological parents or other
8 close biological relatives; and
9 (3) there is neither an Information Exchange
10 Authorization nor a Denial of Information Exchange filed
11 in the Registry as provided in Section 18.1.
12 The affidavit or testimony of the treating physician
13 shall be conclusive on the issue of the utility of contact
14 with the biological parents unless the court finds that the
15 relationship between the illness to be treated and the
16 alleged need for contact is totally without foundation.
17 (c) Fees and expenses. The court shall condition the
18 appointment of the confidential intermediary on the payment
19 of the intermediary's fees and expenses in advance, unless
20 the intermediary waives the right to full advance payment or
21 to any reimbursement at all.
22 (d) Eligibility of intermediary. There shall be
23 established a Confidential Intermediary Advisory Board of 5
24 persons appointed by the Governor. The Board members shall
25 be appointed as follows: one from the Department, one from
26 the Attorney General's Office, a person who has completed a
27 basic training course as approved by the Illinois Law
28 Enforcement Training Standards Board, and 2 public members
29 who have no relationship with a child welfare agency. The
30 terms of the Board members shall last 4 years which shall
31 begin on January 1, 2000, or as soon thereafter as all
32 members of the Board have been appointed. At the expiration
33 of the term of each Board member, and of each succeeding
34 Board member, or in the event of a vacancy, the Governor
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1 shall appoint a Board member to hold office, in the case of a
2 vacancy, for the unexpired term, or in the case of
3 expiration, for a term of 4 years or until a successor is
4 appointed by the Governor.
5 The court may appoint only a confidential intermediary
6 certified by the Board. The Board shall adopt rules for
7 certification and decertification of confidential
8 intermediaries. The certification rules shall at a minimum
9 require satisfactory completion of 40 hours of Board approved
10 training and a criminal background check in accordance with
11 the Health Care Worker Background Check Act. All certified
12 confidential intermediaries shall fulfill 24 hours of
13 continuing education every 2 years. This education shall be
14 in accordance with the requirements set by the Board. The
15 decertification rules shall at a minimum require
16 decertification for violations of this Act, failure to file
17 required documents, failure to complete required continuing
18 education requirements, unauthorized disclosure of
19 confidential information, or attempting to access private or
20 confidential information not authorized under this Section.
21 The Board shall maintain a statewide list of certified
22 confidential intermediaries and make this list available to
23 the judiciary. A certified as confidential intermediary
24 shall be a person licensed under the Clinical Psychologist
25 Licensing Act or the Clinical Social Work and Social Work
26 Practice Act or as an attorney in the State of Illinois and
27 may be either an employee of the Illinois Department of
28 Children and Family Services designated by the Department to
29 serve as such, any other person certified by the Department
30 as qualified to serve as a confidential intermediary, or any
31 employee of a licensed child welfare agency certified by the
32 agency as qualified to serve as a confidential intermediary.
33 The Board shall investigate all complaints concerning
34 confidential intermediaries.
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1 (e) Access. Notwithstanding any other provision of law,
2 the confidential intermediary shall have access to all
3 records of the court or any agency, public or private, which
4 relate to the adoption or the identity and location of any
5 biological parent. No other private or confidential records
6 such as medical records and hospital records may be accessed
7 by the confidential intermediary. Any attempt by a
8 confidential intermediary to access any private or
9 confidential information not authorized under this Section
10 without the specific written consent of the individual whose
11 records are being accessed shall be a violation of the Act.
12 Any information obtained by the confidential intermediary
13 during the course of his or her investigation shall be kept
14 strictly confidential and shall be used for the purposes
15 described in subsection (f). At the time the case is closed,
16 all such information shall be returned to the court for
17 inclusion in the impounded adoption file.
18 (f) Purposes of contact. The confidential intermediary
19 has only the following powers and duties:
20 (1) To contact one or both biological parents,
21 inform the parent or parents of the basic medical problem
22 of the adoptee and the nature of the information or
23 assistance sought from the biological parent, and inform
24 the parent or parents of the following options:
25 (A) The biological parent may totally reject
26 the request for assistance or information, or both,
27 and no disclosure of identity or location shall be
28 made to the petitioner.
29 (B) The biological parent may file an
30 Information Exchange Authorization as provided in
31 Section 18.1. The confidential intermediary shall
32 explain to the biological parent the consequences of
33 such a filing, including that the biological
34 parent's identity will be available for discovery by
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1 the adoptee. If the biological parent agrees to this
2 option, the confidential intermediary shall supply
3 the parent with the appropriate forms, shall be
4 responsible for their immediate filing with the
5 Registry, and shall inform the petitioner of their
6 filing.
7 (C) If the biological parent wishes to provide
8 the information or assistance sought but does not
9 wish his or her identity disclosed, the confidential
10 intermediary shall arrange for the disclosure of the
11 information or the provision of assistance in as
12 confidential a manner as possible so as to protect
13 the privacy of the biological parent and minimize
14 the likelihood of disclosure of the biological
15 parent's identity.
16 If the biological parent rejects contact or disclosure of
17 information under options (A) or (C) then the confidential
18 intermediary shall provide, if possible, the biological
19 parent with a copy of the information about the Adoption
20 Registry and its forms prepared by the Illinois Department of
21 Public Health.
22 (2) If a biological parent so desires, to arrange
23 for a confidential communication with the treating
24 physician to discuss the need for the requested
25 information or assistance.
26 (3) If a biological parent agrees to provide the
27 information or assistance sought but wishes to maintain
28 his or her privacy, to arrange for the provision of the
29 information or assistance to the physician in as
30 confidential a manner as possible so as to protect the
31 privacy of the biological parent and minimize the
32 likelihood of disclosure of the biological parent's
33 identity.
34 (g) Oath. The confidential intermediary shall sign an
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1 oath of confidentiality substantially as follows:
2 "I, .........., being duly sworn, on oath depose and
3 say: As a condition of appointment as a confidential
4 intermediary, I affirm that:
5 (1) I will not disclose to the petitioner, directly
6 or indirectly, any information about the identity or
7 location of the biological parent whose assistance is
8 being sought for medical reasons except in a manner
9 consistent with the law.
10 (2) I recognize that violation of this oath
11 subjects me to civil liability and to being found in
12 contempt of court.
13 ................................
14 SUBSCRIBED AND SWORN to before me, a Notary Public,
15 on (insert date). this ..... day of .........., 19...
16 ................................"
17 (h) Sanctions.
18 (1) Any confidential intermediary who improperly
19 discloses information identifying a biological parent, an
20 adopted person, or an adoptive parent shall be liable to
21 the individual whose identifying information was
22 disclosed biological parent for actual damages or
23 statutory damages of $20,000, whichever amount is greater
24 whether or not actual damages can be established, and may
25 also be found in contempt of court.
26 (2) Any physician or other person who learns a
27 biological parent's, an adopted person's, or an adoptive
28 parent's identity, directly or indirectly, through the
29 use of procedures provided in this Section and who
30 improperly discloses information identifying the
31 biological parent, adopted person, or adoptive parent
32 shall be liable to the individual whose identifying
33 information was disclosed biological parent for actual
34 damages plus minimum statutory punitive damages of
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1 $20,000 whether or not actual damages can be established
2 $10,000.
3 (i) Death of biological parent. Notwithstanding any
4 other provision of this Act, if the confidential intermediary
5 discovers that the person whose assistance is sought has
6 died, he or she shall report this fact to the court, along
7 with a copy of the death certificate if possible.
8 (Source: P.A. 86-1451; revised 10-20-98.)
9 (750 ILCS 50/18.4) (from Ch. 40, par. 1522.4)
10 Sec. 18.4. (a) The agency, Department of Children and
11 Family Services, Court Supportive Services, Juvenile Division
12 of the Circuit Court, or the Probation Officers of the
13 Circuit Court involved in the adoption proceedings shall give
14 in writing the following information, if known, to the
15 adoptive parents not later than the date of placement with
16 the petitioning adoptive parents: (i) age of biological
17 parents; (ii) their race, religion and ethnic background;
18 (iii) general physical appearance of biological parents; (iv)
19 their education, occupation, hobbies, interests and talents;
20 (v) existence of any other children born to the biological
21 parents; (vi) information about biological grandparents;
22 reason for emigrating into the United States, if applicable,
23 and country of origin; (vii) relationship between biological
24 parents; and (viii) detailed medical and mental health
25 histories of the child, the biological parents, and their
26 immediate relatives. However, no information provided under
27 this subsection shall disclose the name or last known address
28 of the biological parents, grandparents, the siblings of the
29 biological parents, or any other relative of the adopted.
30 (b) Any adoptee 21 18 years of age or over shall be
31 given the information in subsection (a) upon request. Any
32 adoptee over 18 years of age and under 21 years of age shall
33 be given the information in subsection (a) upon written
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1 request only when conditions set forth in subsection (c) of
2 Section 18.1 are met.
3 (c) Upon written request, any of the above available
4 information for any adoption proceedings completed before the
5 effective date of this Act shall be supplied to the adoptive
6 parents or an adoptee 18 years of age or over upon request.
7 Upon written request, the agency or agencies which
8 facilitated the adoption shall provide an adopted person 18
9 years of age or over with any updated medical or social
10 information which has been provided by his or her biological
11 parent or parents and biological sibling or siblings through
12 written communication, as well as all photographs and letters
13 submitted by the adopted person's biological parent or
14 parents and biological sibling or siblings and specifically
15 intended for the adopted person.
16 (d) The agency, Department of Children and Family
17 Services, Court Supportive Services, Juvenile Division of the
18 Circuit Court, the Probation Officers of the Circuit Court
19 and any other governmental bodies having any of the above
20 information shall retain the file until the adoptee would
21 have reached the age of 99 years.
22 (e) Upon written request, the agency, Department of
23 Children and Family Services, Court Supportive Services,
24 Juvenile Division of the Circuit Court, or the probation
25 officers of the Circuit Court involved in the adoption
26 proceedings shall provide biological parents whose
27 surrendered child is 21 years of age or older with any
28 updated medical information provided by the adopted or
29 surrendered person or his or her adoptive parents or legal
30 guardians through written communication, as well as all
31 photographs and letters submitted by the adopted or
32 surrendered person or his or her adoptive parents or legal
33 guardians and specifically intended for the biological
34 parent.
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1 In addition, upon written request, the non-identifying
2 information submitted by the adoptive parent and specifically
3 intended for the biological parent or biological sibling
4 shall be provided to biological parents whose surrendered
5 child is 18 years of age or older and biological siblings of
6 an adopted person who is 18 years of age or older. In
7 addition, upon written request, the biological parents whose
8 surrendered child is 18 years of age or older shall be
9 informed whether the surrendered child was or was not placed
10 with adoptive parents.
11 (Source: P.A. 87-617.)