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Public Act 101-0155


 

Public Act 0155 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0155
 
HB3587 EnrolledLRB101 11082 LNS 56291 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Adoption Act is amended by changing Sections
1 and 18.9 as follows:
 
    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
    Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
    A. "Child" means a person under legal age subject to
adoption under this Act.
    B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital Records
Act or Section 12a of this Act, or whose parent has had his or
her parental rights terminated, is not a related child to that
person, unless (1) the consent is determined to be void or is
void pursuant to subsection O of Section 10 of this Act; or (2)
the parent of the child executed a consent to adoption by a
specified person or persons pursuant to subsection A-1 of
Section 10 of this Act and a court of competent jurisdiction
finds that such consent is void; or (3) the order terminating
the parental rights of the parent is vacated by a court of
competent jurisdiction.
    C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
    D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
        (a) Abandonment of the child.
        (a-1) Abandonment of a newborn infant in a hospital.
        (a-2) Abandonment of a newborn infant in any setting
    where the evidence suggests that the parent intended to
    relinquish his or her parental rights.
        (b) Failure to maintain a reasonable degree of
    interest, concern or responsibility as to the child's
    welfare.
        (c) Desertion of the child for more than 3 months next
    preceding the commencement of the Adoption proceeding.
        (d) Substantial neglect of the child if continuous or
    repeated.
        (d-1) Substantial neglect, if continuous or repeated,
    of any child residing in the household which resulted in
    the death of that child.
        (e) Extreme or repeated cruelty to the child.
        (f) There is a rebuttable presumption, which can be
    overcome only by clear and convincing evidence, that a
    parent is unfit if:
            (1) Two or more findings of physical abuse have
        been entered regarding any children under Section 2-21
        of the Juvenile Court Act of 1987, the most recent of
        which was determined by the juvenile court hearing the
        matter to be supported by clear and convincing
        evidence; or
            (2) The parent has been convicted or found not
        guilty by reason of insanity and the conviction or
        finding resulted from the death of any child by
        physical abuse; or
            (3) There is a finding of physical child abuse
        resulting from the death of any child under Section
        2-21 of the Juvenile Court Act of 1987.
        No conviction or finding of delinquency pursuant to
    Article V of the Juvenile Court Act of 1987 shall be
    considered a criminal conviction for the purpose of
    applying any presumption under this item (f).
        (g) Failure to protect the child from conditions within
    his environment injurious to the child's welfare.
        (h) Other neglect of, or misconduct toward the child;
    provided that in making a finding of unfitness the court
    hearing the adoption proceeding shall not be bound by any
    previous finding, order or judgment affecting or
    determining the rights of the parents toward the child
    sought to be adopted in any other proceeding except such
    proceedings terminating parental rights as shall be had
    under either this Act, the Juvenile Court Act or the
    Juvenile Court Act of 1987.
        (i) Depravity. Conviction of any one of the following
    crimes shall create a presumption that a parent is depraved
    which can be overcome only by clear and convincing
    evidence: (1) first degree murder in violation of paragraph
    1 or 2 of subsection (a) of Section 9-1 of the Criminal
    Code of 1961 or the Criminal Code of 2012 or conviction of
    second degree murder in violation of subsection (a) of
    Section 9-2 of the Criminal Code of 1961 or the Criminal
    Code of 2012 of a parent of the child to be adopted; (2)
    first degree murder or second degree murder of any child in
    violation of the Criminal Code of 1961 or the Criminal Code
    of 2012; (3) attempt or conspiracy to commit first degree
    murder or second degree murder of any child in violation of
    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
    solicitation to commit murder of any child, solicitation to
    commit murder of any child for hire, or solicitation to
    commit second degree murder of any child in violation of
    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
    predatory criminal sexual assault of a child in violation
    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
    or the Criminal Code of 2012; (6) heinous battery of any
    child in violation of the Criminal Code of 1961; or (7)
    aggravated battery of any child in violation of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        There is a rebuttable presumption that a parent is
    depraved if the parent has been criminally convicted of at
    least 3 felonies under the laws of this State or any other
    state, or under federal law, or the criminal laws of any
    United States territory; and at least one of these
    convictions took place within 5 years of the filing of the
    petition or motion seeking termination of parental rights.
        There is a rebuttable presumption that a parent is
    depraved if that parent has been criminally convicted of
    either first or second degree murder of any person as
    defined in the Criminal Code of 1961 or the Criminal Code
    of 2012 within 10 years of the filing date of the petition
    or motion to terminate parental rights.
        No conviction or finding of delinquency pursuant to
    Article 5 of the Juvenile Court Act of 1987 shall be
    considered a criminal conviction for the purpose of
    applying any presumption under this item (i).
        (j) Open and notorious adultery or fornication.
        (j-1) (Blank).
        (k) Habitual drunkenness or addiction to drugs, other
    than those prescribed by a physician, for at least one year
    immediately prior to the commencement of the unfitness
    proceeding.
        There is a rebuttable presumption that a parent is
    unfit under this subsection with respect to any child to
    which that parent gives birth where there is a confirmed
    test result that at birth the child's blood, urine, or
    meconium contained any amount of a controlled substance as
    defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act or metabolites of such
    substances, the presence of which in the newborn infant was
    not the result of medical treatment administered to the
    mother or the newborn infant; and the biological mother of
    this child is the biological mother of at least one other
    child who was adjudicated a neglected minor under
    subsection (c) of Section 2-3 of the Juvenile Court Act of
    1987.
        (l) Failure to demonstrate a reasonable degree of
    interest, concern or responsibility as to the welfare of a
    new born child during the first 30 days after its birth.
        (m) Failure by a parent (i) to make reasonable efforts
    to correct the conditions that were the basis for the
    removal of the child from the parent during any 9-month
    period following the adjudication of neglected or abused
    minor under Section 2-3 of the Juvenile Court Act of 1987
    or dependent minor under Section 2-4 of that Act, or (ii)
    to make reasonable progress toward the return of the child
    to the parent during any 9-month period following the
    adjudication of neglected or abused minor under Section 2-3
    of the Juvenile Court Act of 1987 or dependent minor under
    Section 2-4 of that Act. If a service plan has been
    established as required under Section 8.2 of the Abused and
    Neglected Child Reporting Act to correct the conditions
    that were the basis for the removal of the child from the
    parent and if those services were available, then, for
    purposes of this Act, "failure to make reasonable progress
    toward the return of the child to the parent" includes the
    parent's failure to substantially fulfill his or her
    obligations under the service plan and correct the
    conditions that brought the child into care during any
    9-month period following the adjudication under Section
    2-3 or 2-4 of the Juvenile Court Act of 1987.
    Notwithstanding any other provision, when a petition or
    motion seeks to terminate parental rights on the basis of
    item (ii) of this subsection (m), the petitioner shall file
    with the court and serve on the parties a pleading that
    specifies the 9-month period or periods relied on. The
    pleading shall be filed and served on the parties no later
    than 3 weeks before the date set by the court for closure
    of discovery, and the allegations in the pleading shall be
    treated as incorporated into the petition or motion.
    Failure of a respondent to file a written denial of the
    allegations in the pleading shall not be treated as an
    admission that the allegations are true.
        (m-1) (Blank).
        (n) Evidence of intent to forgo his or her parental
    rights, whether or not the child is a ward of the court,
    (1) as manifested by his or her failure for a period of 12
    months: (i) to visit the child, (ii) to communicate with
    the child or agency, although able to do so and not
    prevented from doing so by an agency or by court order, or
    (iii) to maintain contact with or plan for the future of
    the child, although physically able to do so, or (2) as
    manifested by the father's failure, where he and the mother
    of the child were unmarried to each other at the time of
    the child's birth, (i) to commence legal proceedings to
    establish his paternity under the Illinois Parentage Act of
    1984, the Illinois Parentage Act of 2015, or the law of the
    jurisdiction of the child's birth within 30 days of being
    informed, pursuant to Section 12a of this Act, that he is
    the father or the likely father of the child or, after
    being so informed where the child is not yet born, within
    30 days of the child's birth, or (ii) to make a good faith
    effort to pay a reasonable amount of the expenses related
    to the birth of the child and to provide a reasonable
    amount for the financial support of the child, the court to
    consider in its determination all relevant circumstances,
    including the financial condition of both parents;
    provided that the ground for termination provided in this
    subparagraph (n)(2)(ii) shall only be available where the
    petition is brought by the mother or the husband of the
    mother.
        Contact or communication by a parent with his or her
    child that does not demonstrate affection and concern does
    not constitute reasonable contact and planning under
    subdivision (n). In the absence of evidence to the
    contrary, the ability to visit, communicate, maintain
    contact, pay expenses and plan for the future shall be
    presumed. The subjective intent of the parent, whether
    expressed or otherwise, unsupported by evidence of the
    foregoing parental acts manifesting that intent, shall not
    preclude a determination that the parent has intended to
    forgo his or her parental rights. In making this
    determination, the court may consider but shall not require
    a showing of diligent efforts by an authorized agency to
    encourage the parent to perform the acts specified in
    subdivision (n).
        It shall be an affirmative defense to any allegation
    under paragraph (2) of this subsection that the father's
    failure was due to circumstances beyond his control or to
    impediments created by the mother or any other person
    having legal custody. Proof of that fact need only be by a
    preponderance of the evidence.
        (o) Repeated or continuous failure by the parents,
    although physically and financially able, to provide the
    child with adequate food, clothing, or shelter.
        (p) Inability to discharge parental responsibilities
    supported by competent evidence from a psychiatrist,
    licensed clinical social worker, or clinical psychologist
    of mental impairment, mental illness or an intellectual
    disability as defined in Section 1-116 of the Mental Health
    and Developmental Disabilities Code, or developmental
    disability as defined in Section 1-106 of that Code, and
    there is sufficient justification to believe that the
    inability to discharge parental responsibilities shall
    extend beyond a reasonable time period. However, this
    subdivision (p) shall not be construed so as to permit a
    licensed clinical social worker to conduct any medical
    diagnosis to determine mental illness or mental
    impairment.
        (q) (Blank).
        (r) The child is in the temporary custody or
    guardianship of the Department of Children and Family
    Services, the parent is incarcerated as a result of
    criminal conviction at the time the petition or motion for
    termination of parental rights is filed, prior to
    incarceration the parent had little or no contact with the
    child or provided little or no support for the child, and
    the parent's incarceration will prevent the parent from
    discharging his or her parental responsibilities for the
    child for a period in excess of 2 years after the filing of
    the petition or motion for termination of parental rights.
        (s) The child is in the temporary custody or
    guardianship of the Department of Children and Family
    Services, the parent is incarcerated at the time the
    petition or motion for termination of parental rights is
    filed, the parent has been repeatedly incarcerated as a
    result of criminal convictions, and the parent's repeated
    incarceration has prevented the parent from discharging
    his or her parental responsibilities for the child.
        (t) A finding that at birth the child's blood, urine,
    or meconium contained any amount of a controlled substance
    as defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act, or a metabolite of a controlled
    substance, with the exception of controlled substances or
    metabolites of such substances, the presence of which in
    the newborn infant was the result of medical treatment
    administered to the mother or the newborn infant, and that
    the biological mother of this child is the biological
    mother of at least one other child who was adjudicated a
    neglected minor under subsection (c) of Section 2-3 of the
    Juvenile Court Act of 1987, after which the biological
    mother had the opportunity to enroll in and participate in
    a clinically appropriate substance abuse counseling,
    treatment, and rehabilitation program.
    E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent is
void pursuant to subsection O of Section 10 of this Act; or (2)
the person executed a consent to adoption by a specified person
or persons pursuant to subsection A-1 of Section 10 of this Act
and a court of competent jurisdiction finds that the consent is
void; or (3) the order terminating the parental rights of the
person is vacated by a court of competent jurisdiction.
    F. A person is available for adoption when the person is:
        (a) a child who has been surrendered for adoption to an
    agency and to whose adoption the agency has thereafter
    consented;
        (b) a child to whose adoption a person authorized by
    law, other than his parents, has consented, or to whose
    adoption no consent is required pursuant to Section 8 of
    this Act;
        (c) a child who is in the custody of persons who intend
    to adopt him through placement made by his parents;
        (c-1) a child for whom a parent has signed a specific
    consent pursuant to subsection O of Section 10;
        (d) an adult who meets the conditions set forth in
    Section 3 of this Act; or
        (e) a child who has been relinquished as defined in
    Section 10 of the Abandoned Newborn Infant Protection Act.
    A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
    G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
    H. (Blank).
    I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
    J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
    K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by
persons who are habitual residents of the United States, or the
child is a habitual resident of the United States who is
adopted by persons who are habitual residents of a country
other than the United States.
    L. (Blank).
    M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
    N. (Blank).
    O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State that must be met by a prospective adoptive parent
prior to the placement of a child in an adoptive home.
    P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon the child physical injury, by other than
    accidental means, that causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    the child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against the child, as sex offenses are defined in the
    Criminal Code of 2012 and extending those definitions of
    sex offenses to include children under 18 years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon the child; or
        (e) inflicts excessive corporal punishment.
    Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
    A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other
person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
    R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
    S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
    T. (Blank).
    T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a person
who is biologically or genetically related to that child as a
parent.
    U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on Placement of Children.
    V. (Blank).
    W. (Blank).
    X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
        (1) because of his marriage to or civil union with the
    child's parent at the time of the child's birth or within
    300 days prior to that child's birth, unless he signed a
    denial of paternity pursuant to Section 12 of the Vital
    Records Act or a waiver pursuant to Section 10 of this Act;
    or
        (2) because his paternity of the child has been
    established pursuant to the Illinois Parentage Act, the
    Illinois Parentage Act of 1984, or the Gestational
    Surrogacy Act; or
        (3) because he is listed as the child's father or
    parent on the child's birth certificate, unless he is
    otherwise determined by an administrative or judicial
    proceeding not to be the parent of the child or unless he
    rescinds his acknowledgment of paternity pursuant to the
    Illinois Parentage Act of 1984; or
        (4) because his paternity or adoption of the child has
    been established by a court of competent jurisdiction.
    The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
    Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
        (1) because she gave birth to the child except as
    provided in the Gestational Surrogacy Act; or
        (2) because her maternity of the child has been
    established pursuant to the Illinois Parentage Act of 1984
    or the Gestational Surrogacy Act; or
        (3) because her maternity or adoption of the child has
    been established by a court of competent jurisdiction; or
        (4) because of her marriage to or civil union with the
    child's other parent at the time of the child's birth or
    within 300 days prior to the time of birth; or
        (5) because she is listed as the child's mother or
    parent on the child's birth certificate unless she is
    otherwise determined by an administrative or judicial
    proceeding not to be the parent of the child.
    The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
    Z. "Department" means the Illinois Department of Children
and Family Services.
    AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the adoption
is finalized.
    BB. "Secondary placement" means a placement, including but
not limited to the placement of a youth in care as defined in
Section 4d of the Children and Family Services Act, that occurs
after a placement disruption or an adoption dissolution.
"Secondary placement" does not mean secondary placements
arising due to the death of the adoptive parent of the child.
    CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.
    DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
    EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, mental health
treatment, including counseling and other support services for
emotional, behavioral, or developmental needs, and treatment
for substance abuse.
(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
 
    (750 ILCS 50/18.9)
    Sec. 18.9. Post-placement and post-adoption support
services.
    (a) It is the public policy of this State to find
permanency for children through adoption and to prevent
placement disruption, adoption dissolution, and secondary
placement. Public awareness and access Access to timely,
effective post-placement and post-adoption support services to
provide support and resources for children and youth in care as
defined in Section 4d of the Children and Family Services Act,
foster families, and adoptive families is essential to promote
permanency. Public awareness of post-placement and
post-adoption services and the ability of families to utilize
effective services are essential to permanency.
    (b) The Department shall establish and maintain accessible
post-placement and post-adoption support services for all
children adopted pursuant to this Act, all children residing in
this State adopted pursuant to the Interstate Compact on the
Placement of Children, all children residing in this State
adopted pursuant to the Intercountry Adoption Act of 2000, and
all former youth in care, as defined by the Children and Family
Services Act, who have been placed in a guardianship.
    (b-5) The Department shall establish and maintain a
toll-free number to respond to requests from the public about
its post-placement and post-adoption support services under
subsection (b) and shall staff the toll-free number so that
calls are answered on a timely basis, but in no event more than
24 hours from the receipt of a request.
    (c) The Department shall publicize post information about
the Department's post-placement and post-adoption support
services pursuant to subsection (b) and the toll-free number
pursuant to subsection (b-5) as follows:
        (1) it shall post information on the Department's
    website; and
        (2) it shall provide the information to every licensed
    child welfare agency, every out of State placement agency
    or entity approved under Section 4.1 of this Act, and any
    entity providing adoption support services in the Illinois
    courts; .
        (3) it The Department's post-placement and
    post-adoption support services shall reference such
    information be referenced in the information regarding
    adoptive parents' rights and responsibilities document
    that the Department publishes and that is provided provides
    to adoptive parents under this Act and the Child Care Act.
        (4) it shall provide the information, including the
    Illinois Post Adoption and Guardianship Services booklet,
    to prospective adoptive parents and guardians as part of
    its adoption and guardianship training and at the time they
    are presented with the Permanency Commitment form; and
        (5) it shall include, in each annual notification
    letter mailed to adoptive parents and guardians, a short,
    2-sided flier or news bulletin in plain language that
    describes access to post-placement and post-adoption
    services, how to access Medicaid and Individual Care Grant
    or Family Support Program services, the webpage address to
    Illinois' Post Adoption and Guardianship Services booklet,
    information on how to request that a copy of the booklet be
    mailed, and a sticker or magnet that includes the toll-free
    number to access the Department's post-placement and
    post-adoption support services. The Department shall
    establish and maintain a toll-free number to advise the
    public about its post-placement and post-adoption support
    services and post the number on its website.
    (c-5) The Department shall review and update annually all
information relating to its post-placement and post-adoption
support services, including its Post Adoption and Guardianship
Services booklet, to include updated information on Individual
Care Group or Family Support Program services eligibility and
the post-placement and post-adoption support services that are
available through the Medicaid program or any other State
program for mental health services. The Department and the
Department of Healthcare and Family Services shall coordinate
their efforts in the development of resources described in this
subsection.
    (d) Every licensed child welfare agency, every entity
approved under Section 4.1 of this Act, and any entity
providing adoption support services in the Illinois courts
shall provide the Department's website address and link to the
Department's post-placement and post-adoption support services
information set forth in subsection (c) of this Section,
including the Department's toll-free number, to every adoptive
parent, prospective adoptive parent, and guardian with whom
they work in Illinois. This information shall be provided prior
to placement.
    (e) Beginning one year after the effective date of this
amendatory Act of the 101st 99th General Assembly, the
Department shall report annually to the General Assembly on
January 15 the following information for the preceding year:
        (1) a description of all post-placement and
    post-adoption support services the Department provides;
        (2) without identifying the names of the recipients of
    the services, the number of guardians foster parents,
    prospective adoptive parents, and adoptive families in
    Illinois who have received the Department's post-placement
    and post-adoption support services and the type of services
    provided and for each, the length of time between the
    initial contact to the Department to request
    post-placement and post-adoption support services and the
    first receipt of services, and the type of services
    received;
        (3) the number of families who have contacted the
    Department about its post-placement and post-adoption
    support services due to a potential placement disruption,
    adoption dissolution, secondary placement, or unregulated
    placement, but for whom the Department declined to provide
    post-placement and post-adoption support services and the
    reasons that services were denied; and
        (4) the number of placement disruptions, adoption
    dissolutions, unregulated placements, and secondary
    placements, and for each one:
            (A) the type of placement or adoption, including
        whether the child who was the subject of the placement
        was a youth in care as defined in Section 4d of the
        Children and Family Services Act, and if the child was
        not a youth in care, whether the adoption was a
        private, agency, agency-assisted, interstate, or
        intercountry adoption;
            (B) if the placement or adoption was intercountry,
        the country of birth of the child;
            (C) whether the child who was the subject of the
        placement disruption, adoption dissolution,
        unregulated placement, or secondary placement entered
        State custody;
            (D) the length of the placement prior to the
        placement disruption, adoption dissolution,
        unregulated placement, or secondary placement;
            (E) the age of the child at the time of the
        placement disruption, adoption dissolution,
        unregulated placement, or secondary placement;
            (F) the reason, if known, for the placement
        disruption, adoption dissolution, unregulated
        placement, or secondary placement; and
            (G) if a licensed child welfare agency or any
        approved out of State placing entity participated in
        the initial placement, and, if applicable, the name of
        the agency or approved out of State placing entity;
        and .
        (5) a description of the coordination between the
    Department and the Department of Healthcare and Family
    Services to develop resources under this subsection,
    including, but not limited to, a description of the goals
    of such coordination and whether the goals have been met.
(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)

Effective Date: 1/1/2020