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Public Act 101-0155
Public Act 0155 101ST GENERAL ASSEMBLY
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Public Act 101-0155
| | HB3587 Enrolled | LRB101 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.)
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Effective Date: 1/1/2020
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