State of Illinois
91st General Assembly
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Public Act 91-0740

SB1388 Enrolled                                LRB9109824RCks

    AN ACT to amend the Adoption Act by changing Section 6.

    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
Section 6 as follows:

    (750 ILCS 50/6) (from Ch. 40, par. 1508)
    Sec. 6.  A. Investigation;  all  cases.  Within  10  days
after  the  filing  of a petition for the adoption or standby
adoption of a child other than a  related  child,  the  court
shall   appoint  a  child  welfare  agency  approved  by  the
Department of Children  and  Family  Services,  or  a  person
deemed  competent  by  the court, or in Cook County the Court
Services Division of the Cook  County  Department  of  Public
Aid, or the Department of Children and Family Services if the
court determines that no child welfare agency is available or
that  the  petitioner  is  financially  unable to pay for the
investigation, to investigate accurately, fully and promptly,
the allegations contained in  the  petition;  the  character,
reputation,  health  and general standing in the community of
the petitioners; the religious faith of the petitioners  and,
if  ascertainable,  of  the  child  sought to be adopted; and
whether the petitioners are proper persons to adopt the child
and whether the child is a proper subject  of  adoption.  The
investigation  required  under  this  Section shall include a
criminal background check with a review  of  fingerprints  by
State and federal authorities.  The criminal background check
required  by  this  Section  shall include a listing of when,
where and by whom the criminal background check was prepared.
The criminal background check required by this Section  shall
not be more than two years old.
    Neither  a  clerk  of  the  circuit court nor a judge may
require that  a  criminal  background  check  or  fingerprint
review  be  filed  with,  or  at the same time as, an initial
petition for adoption.
    B.  Investigation; foreign-born child.  In the case of  a
child  born outside the United States or a territory thereof,
in addition to the investigation  required  under  subsection
(A)  of this Section, a post-placement investigation shall be
conducted in accordance with the requirements  of  the  Child
Care  Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing  agency  and
the supervising agency.
    The  requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid  final  order  or
judgment of adoption has been entered by a court of competent
jurisdiction  in  a country other than the United States or a
territory  thereof  with  respect  to  such  child  and   the
    C.  Report  of  investigation.  The court shall determine
whether the costs of the investigation shall  be  charged  to
the petitioners. The information obtained as a result of such
investigation  shall  be  presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court  for  its
review.    The  court  may,  in  its  discretion,  weigh  the
significance of the results of the criminal background  check
against  the  entirety  of the background of the petitioners.
The Court, in its discretion, may accept the  report  of  the
investigation  previously  made  by  a licensed child welfare
agency, if made within one year prior to  the  entry  of  the
judgment.  Such  report  shall be treated as confidential and
withheld from  inspection  unless  findings  adverse  to  the
petitioners  or  to  the  child  sought  to  be  adopted  are
contained  therein,  and in that event the court shall inform
the petitioners of the relevant portions  pertaining  to  the
adverse  findings.  In  no event shall any facts set forth in
the report be considered at the hearing  of  the  proceeding,
unless established by competent evidence. The report shall be
filed  with  the  record  of  the  proceeding.   If  the file
relating to the proceeding is not impounded, the report shall
be impounded by the clerk of the  court  and  shall  be  made
available for inspection only upon order of the court.
    D.  Related  adoption.  Such  investigation  shall not be
made when the petition seeks to adopt a related child  or  an
adult unless the court, in its discretion, shall so order. In
such an event the court may appoint a person deemed competent
by the court.
(Source: P.A.  91-429,  eff.  1-1-00;  91-572,  eff.  1-1-00;
revised 10-19-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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