Public Act 099-0049

HB3079 Enrolled LRB099 08115 HEP 28264 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 Child Care Act of 1969 is amended by adding

Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows:

(225 ILCS 10/2.30 new)

Sec. 2.30. Placement disruption. "Placement disruption"

means a circumstance where the child is removed from an

adoptive placement before the adoption is finalized.

(225 ILCS 10/2.31 new)

Sec. 2.31. Secondary placement. "Secondary placement"

means a placement, including but not limited to the placement

of a ward of the Department, that occurs after a placement

disruption or adoption dissolution. "Secondary placement" does

not mean secondary placements arising due to the death of the

adoptive parent of the child.

(225 ILCS 10/2.32 new)

Sec. 2.32. Adoption dissolution. "Adoption dissolution"

means a circumstance where the child is removed from an

adoptive placement after the adoption is finalized.

(225 ILCS 10/2.33 new)

Sec. 2.33. Unregulated placement. "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.

(225 ILCS 10/2.34 new)

Sec. 2.34. Post-placement and post-adoption support

services. "Post-placement and post-adoption support services"

means support services for placed or adopted children and

families that include, but are not limited to, counseling for

emotional, behavioral, or developmental needs.

Section 10. The Adoption Act is amended by changing

Sections 1, 2, 4.1, 5, and 13 and by adding Section 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) Pursuant to the Juvenile Court Act of 1987, a

child has been in foster care for 15 months out of any 22

month period which begins on or after the effective date of

this amendatory Act of 1998 unless the child's parent can

prove by a preponderance of the evidence that it is more

likely than not that it will be in the best interests of

the child to be returned to the parent within 6 months of

the date on which a petition for termination of parental

rights is filed under the Juvenile Court Act of 1987. The

15 month time limit is tolled during any period for which

there is a court finding that the appointed custodian or

guardian failed to make reasonable efforts to reunify the

child with his or her family, provided that (i) the finding

of no reasonable efforts is made within 60 days of the

period when reasonable efforts were not made or (ii) the

parent filed a motion requesting a finding of no reasonable

efforts within 60 days of the period when reasonable

efforts were not made. For purposes of this subdivision

(m-1), the date of entering foster care is the earlier of:

(i) the date of a judicial finding at an adjudicatory

hearing that the child is an abused, neglected, or

dependent minor; or (ii) 60 days after the date on which

the child is removed from his or her parent, guardian, or

legal custodian.

(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 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). "Adoption disruption" occurs when an adoptive

placement does not prove successful and it becomes necessary

for the child to be removed from placement before the adoption

is finalized.

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). "Intercountry Adoption Coordinator" means a

staff person of the Department of Children and Family Services

appointed by the Director to coordinate the provision of

services related to an intercountry adoption.

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). "Endorsement letter" means the letter issued by

the Department of Children and Family Services to document that

a prospective adoptive parent has met preadoption requirements

and has been deemed suitable by the Department to adopt a child

who is the subject of an intercountry adoption.

W. (Blank). "Denial letter" means the letter issued by the

Department of Children and Family Services to document that a

prospective adoptive parent has not met preadoption

requirements and has not been deemed suitable by the Department

to adopt a child who is the subject of an intercountry

adoption.

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 ward of the Department, 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, counseling for

emotional, behavioral, or developmental needs.

(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.

1-1-14; 98-804, eff. 1-1-15.)

(750 ILCS 50/2) (from Ch. 40, par. 1502)

Sec. 2. Who may adopt a child.

A. Any of the following persons, who is under no legal

disability (except the minority specified in sub-paragraph

(b)) and who has resided in the State of Illinois continuously

for a period of at least 6 months immediately preceding the

commencement of an adoption proceeding, or any member of the

armed forces of the United States who has been domiciled in the

State of Illinois for 90 days, may institute such proceeding:

(a) A reputable person of legal age and of either sex,

provided that if such person is married or in a civil union

and has not been living separate and apart from his or her

spouse or civil union partner for 12 months or longer, his

or her spouse or civil union partner shall be a party to

the adoption proceeding, including a spouse or civil union

partner husband or wife desiring to adopt a child of the

other spouse or civil union partner, in all of which cases

the adoption shall be by both spouses or civil union

partners jointly;

(b) A minor, by leave of court upon good cause shown.

Notwithstanding sub-paragraph (a) of this subsection, a

spouse or civil union partner is not required to join in a

petition for adoption to re-adopt a child after an intercountry

adoption if the spouse or civil union partner did not

previously adopt the child as set forth in subsections (c) and

(e) of Section 4.1 of this Act.

B. The residence requirement specified in paragraph A of

this Section shall not apply to:

(a) an adoption of a related child or child previously

adopted in a foreign country by the petitioner; or

(b) an adoption of a child placed by an agency.

(Source: P.A. 98-804, eff. 1-1-15.)

(750 ILCS 50/4.1) (from Ch. 40, par. 1506)

Sec. 4.1. Adoption between multiple jurisdictions.

(a) The Department of Children and Family Services shall

promulgate rules regarding the approval and regulation of

agencies providing, in this State, adoption services, as

defined in Section 2.24 of the Child Care Act of 1969, which

shall include, but not be limited to, a requirement that any

agency shall be licensed in this State as a child welfare

agency as defined in Section 2.08 of the Child Care Act of

1969. Any out-of-state agency, if not licensed in this State as

a child welfare agency, must obtain the approval of the

Department in order to act as a sending agency, as defined in

Section 1 of the Interstate Compact on Placement of Children

Act, seeking to place a child into this State through a

placement subject to the Interstate Compact on the Placement of

Children. An out-of-state agency, if not licensed in this State

as a child welfare agency, is prohibited from providing in this

State adoption services, as defined by Section 2.24 of the

Child Care Act of 1969; shall comply with Section 12C-70 of the

Criminal Code of 2012; and shall provide all of the following

to the Department:

(1) A copy of the agency's current license or other

form of authorization from the approving authority in the

agency's state. If no license or authorization is issued,

the agency must provide a reference statement, from the

approving authority, stating that the agency is authorized

to place children in foster care or adoption or both in its

jurisdiction.

(2) A description of the program, including home

studies, placements, and supervisions, that the child

placing agency conducts within its geographical area, and,

if applicable, adoptive placements and the finalization of

adoptions. The child placing agency must accept continued

responsibility for placement planning and replacement if

the placement fails.

(3) Notification to the Department of any significant

child placing agency changes after approval.

(4) Any other information the Department may require.

The rules shall also provide that any agency that places

children for adoption in this State may not, in any policy or

practice relating to the placement of children for adoption,

discriminate against any child or prospective adoptive parent

on the basis of race.

(a-5) (Blank).

(b) Interstate Adoptions.

(1) All interstate adoption placements under this Act

shall comply with the Child Care Act of 1969 and the

Interstate Compact on the Placement of Children. The

placement of children with relatives by the Department of

Children and Family Services shall also comply with

subsection (b) of Section 7 of the Children and Family

Services Act.

(2) If an adoption is finalized prior to bringing or

sending a child to this State, compliance with the

Interstate Compact on the Placement of Children is not

required.

(c) Intercountry Adoptions. (1) The adoption of a child, if

the child is a habitual resident of a country other than the

United States and the petitioner is a habitual resident of the

United States, or, if the child is a habitual resident of the

United States and the petitioner is a habitual resident of a

country other than the United States, shall comply with the

Intercountry Adoption Act of 2000, as amended, and the

Immigration and Nationality Act, as amended. In the case of an

intercountry adoption that requires oversight by the adoption

services governed by the Intercountry Adoption Universal

Accreditation Act of 2012, this State shall not impose any

additional preadoption requirements.

(2) The Department of Children and Family Services

shall maintain the office of Intercountry Adoption

Coordinator in order to maintain and protect the rights of

prospective adoptive parents and children participating in

an intercountry adoption and shall develop ongoing

programs of support and services to such prospective

adoptive parents and children.

(3) In the case of an intercountry adoption of a child

by an Illinois resident, the Department shall promulgate

rules concerning preadoption requirements, which shall

include, but not be limited to, requirements relating to

home studies conducted by licensed child welfare agencies

and requirements relating to supporting documentation

concerning the prospective adoptive parent's suitability

to adopt a child.

(4) The Intercountry Adoption Coordinator shall

determine whether all preadoption requirements have been

met by a prospective adoptive parent. The Intercountry

Adoption Coordinator shall also determine whether the

prospective adoptive parent is suitable as the adoptive

parent. In determining suitability to adopt, the

Intercountry Adoption coordinator shall give considerable

weight to the home study, but is not bound by it. Even if

the home study is favorable, the Intercountry Adoption

Coordinator must issue a denial letter if, on the basis of

all the information provided, the Intercountry Adoption

Coordinator finds, for a specific and articulable reason,

that the prospective adoptive parent has failed to

establish that he or she is suitable as the adoptive

parent.

(5) The Intercountry Adoption Coordinator shall issue

an endorsement letter, indicating that all preadoption

requirements have been met, or a denial letter, indicating

the specific preadoption requirements that have not been

met, no later than 21 days from receipt of the home study

from the child welfare agency. If, upon receipt of the home

study, the Intercountry Adoption Coordinator determines

that more information is required before any determination

can be made with respect to compliance with the preadoption

requirements, the Intercountry Adoption Coordinator shall,

within 7 days of receipt of the home study, provide notice

describing the additional information, via facsimile or

through electronic communication, to the licensed child

welfare agency and the adoptive parent. Within 21 days of

receipt of the additional information, the Intercountry

Adoption Coordinator shall provide the child welfare

agency with an endorsement letter or a denial letter. The

Intercountry Adoption Coordinator shall mail a copy of the

endorsement letter or denial letter to the prospective

adoptive parent at the same time that the Intercountry

Adoption Coordinator provides the letter to the child

welfare agency.

(6) If the Intercountry Adoption Coordinator issues a

denial letter, a prospective adoptive parent shall have the

right to a review. The Intercountry Adoption Coordinator

shall include in its denial letter notification advising

the prospective adoptive parent of the right to seek a

review, by the Director of the Department, of the

determination, if requested in writing within 30 days of

receipt of the denial letter. Failure to submit such a

request within 30 days waives the prospective parent's

right to a review.

(i) The review by the Director shall include, but

is not limited to, a review of documentation submitted

by the prospective adoptive parent and, if requested by

the prospective adoptive parent, a telephone

conference or a mutually convenient in-person meeting

with the Director, or the Director's designated

representative, to allow the prospective adoptive

parent to present the facts and circumstances

supporting the request for the endorsement letter.

(ii) The Director shall issue a decision within 30

days of receipt of the request for review.

(iii) If the Director concurs with the original

denial letter of the Intercountry Adoption

Coordinator, the Director's decision shall be

considered a final decision and the prospective

adoptive parent shall have all rights and remedies to

which he or she is entitled under applicable law,

including a mandamus action under Article XIV of the

Code of Civil Procedure and an action under the federal

Civil Rights Act, 42 U.S.C. 1983.

(7) In the case of an intercountry adoption finalized

in another country, where a complete and valid Order of

Adoption is issued from that country to an Illinois

resident, as determined by the United States Department of

State, this State shall not impose any additional

preadoption requirements.

(8) The Department of Children and Family Services

shall provide a report to the General Assembly, on an

annual basis for the preceding year, beginning on September

1 of each year after the effective date of this amendatory

Act of the 98th General Assembly. The report shall provide

non-identifying statistical data on the endorsement and

denial letters and the requests for review of denial

letters and shall contain, but not limited to, the

following:

(i) the number of endorsement letters issued by the

Intercountry Adoption Coordinator;

(ii) the number of denial letters issued by the

Intercountry Adoption Coordinator;

(iii) the number of requests for review of denial

letters;

(iv) the number of denial letter reviews which

resulted in a reversal by the Director and an

endorsement letter being issued; and

(v) the basis of each denial letter and the basis

of each reversal of the denial letter in a particular

case.

(d) (Blank).

(e) Re-adoption after an intercountry adoption.

(1) Any time after a minor child has been adopted in a

foreign country and has immigrated to the United States,

the adoptive parent or parents of the child may petition

the court for a judgment of adoption to re-adopt the child

and confirm the foreign adoption decree.

(2) The petitioner must submit to the court one or more

of the following to verify the foreign adoption:

(i) an immigrant visa for the child issued by

United States Citizenship and Immigration Services of

the U.S. Department of Homeland Security that was valid

at the time of the child's immigration;

(ii) a decree, judgment, certificate of adoption,

adoption registration, or equivalent court order,

entered or issued by a court of competent jurisdiction

or administrative body outside the United States,

establishing the relationship of parent and child by

adoption; or

(iii) such other evidence deemed satisfactory by

the court.

(3) The child's immigrant visa shall be prima facie

proof that the adoption was established in accordance with

the laws of the foreign jurisdiction and met United States

requirements for immigration.

(4) If the petitioner submits documentation that

satisfies the requirements of paragraph (2), the court

shall not appoint a guardian ad litem for the minor who is

the subject of the proceeding, shall not require any

further termination of parental rights of the child's

biological parents, nor shall it require any home study,

investigation, post-placement visit, or background check

of the petitioner.

(5) The petition may include a request for change of

the child's name and any other request for specific relief

that is in the best interests of the child. The relief may

include a request for a revised birth date for the child if

supported by evidence from a medical or dental professional

attesting to the appropriate age of the child or other

collateral evidence.

(6) Two adoptive parents who adopted a minor child

together in a foreign country while married to one another

may file a petition for adoption to re-adopt the child

jointly, regardless of whether their marriage has been

dissolved. If either parent whose marriage was dissolved

has subsequently remarried or entered into a civil union

with another person, the new spouse or civil union partner

shall not join in the petition to re-adopt the child,

unless the new spouse or civil union partner is seeking to

adopt the child. If either adoptive parent does not join in

the petition, he or she must be joined as a party

defendant. The defendant parent's failure to participate

in the re-adoption proceeding shall not affect the existing

parental rights or obligations of the parent as they relate

to the minor child, and the parent's name shall be placed

on any subsequent birth record issued for the child as a

result of the re-adoption proceeding.

(7) An adoptive parent who adopted a minor child in a

foreign country as an unmarried person may file a petition

for adoption to re-adopt the child as a sole petitioner,

even if the adoptive parent has subsequently married or

entered into a civil union.

(8) If one of the adoptive parents who adopted a minor

child dies prior to a re-adoption proceeding, the deceased

parent's name shall be placed on any subsequent birth

record issued for the child as a result of the re-adoption

proceeding.

(Source: P.A. 98-455, eff. 1-1-14.)

(750 ILCS 50/5) (from Ch. 40, par. 1507)

Sec. 5. Petition, contents, verification, filing.

A. A proceeding to adopt a child, other than a related

child, shall be commenced by the filing of a petition within 30

days after such child has become available for adoption,

provided that such petition may be filed at a later date by

leave of court upon a showing that the failure to file such

petition within such 30 day period was not due to the

petitioners' culpable negligence or their wilful disregard of

the provisions of this Section. In the case of a child born

outside the United States or a territory thereof, if the

prospective adoptive parents of such child have been appointed

guardians of such child by a court of competent jurisdiction in

a country other than the United States or a territory thereof,

such parents shall file a petition as provided in this Section

within 30 days after entry of the child into the United States.

A petition to adopt an adult or a related child may be filed at

any time. A petition for adoption may include more than one

person sought to be adopted.

B. A petition to adopt a child other than a related child

shall state:

(a) The full names of the petitioners and, if minors,

their respective ages;

(b) The place of residence of the petitioners and the

length of residence of each in the State of Illinois

immediately preceding the filing of the petition;

(c) When the petitioners acquired, or intend to

acquire, custody of the child, and the name and address of

the persons or agency from whom the child was or will be

received;

(d) The name, the place and date of birth if known, and

the sex of the child sought to be adopted;

(e) The relationship, if any, of the child to each

petitioner;

(f) The names, if known, and the place of residence, if

known, of the parents; and whether such parents are minors,

or otherwise under any legal disability. The names and

addresses of the parents shall be omitted and they shall

not be made parties defendant to the petition if (1) the

rights of the parents have been terminated by a court of

competent jurisdiction, or (2) the child has been

surrendered to an agency, or (3) the parent or parents have

been served with the notice provided in Section 12a of this

Act and said parent or parents have filed a disclaimer of

paternity as therein provided or have failed to file such

declaration of paternity or a request for notice as

provided in said Section, or (4) the parent is a putative

father or legal father of the child who has waived his

parental rights by signing a waiver as provided in

subsection S of Section 10;

(g) If it is alleged that the child has no living

parent, then the name of the guardian, if any, of such

child and the court which appointed such guardian;

(h) If it is alleged that the child has no living

parent and that no guardian of such child is known to

petitioners, then the name of a near relative, if known,

shall be set forth, or an allegation that no near relative

is known and on due inquiry cannot be ascertained by

petitioners;

(i) The name to be given the child or adult;

(j) That the person or agency, having authority to

consent under Section 8 of this Act, has consented, or has

indicated willingness to consent, to the adoption of the

child by the petitioners, or that the person having

authority to consent is an unfit person and the ground

therefor, or that no consent is required under paragraph

(f) of Section 8 of this Act;

(k) Whatever orders, judgments or decrees have

heretofore been entered by any court affecting (1) adoption

or custody of the child, or (2) the adoptive, custodial or

parental rights of either petitioner, including the prior

denial of any petition for adoption pertaining to such

child, or to the petitioners, or either of them.

C. A petition to adopt a related child shall include the

information specified in sub-paragraphs (a), (b), (d), (e),

(f), (i) and (k) of paragraph B and a petition to adopt an

adult shall contain the information required by sub-paragraphs

(a), (b) and (i) of paragraph B in addition to the name, place,

date of birth and sex of such adult.

D. The petition shall be verified by the petitioners.

E. Upon the filing of the petition the petitioners shall

furnish the Clerk of the Court in which the petition is pending

such information not contained in such petition as shall be

necessary to enable the Clerk of such Court to complete a

certificate of adoption as hereinafter provided.

F. A petition for standby adoption shall conform to the

requirements of this Act with respect to petition contents,

verification, and filing. The petition for standby adoption

shall also state the facts concerning the consent of the

child's parent to the standby adoption. A petition for standby

adoption shall include the information in paragraph B if the

petitioner seeks to adopt a child other than a related child. A

petition for standby adoption shall include the information in

paragraph C if the petitioner seeks to adopt a related child or

adult.

G. A petition for adoption to re-adopt a child after an

intercountry adoption shall include the information specified

in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of

paragraph B.

(Source: P.A. 97-493, eff. 8-22-11.)

(750 ILCS 50/13) (from Ch. 40, par. 1516)

Sec. 13. Interim order. As soon as practicable after the

filing of a petition for adoption the court shall hold a

hearing for the following purposes:

A. In other than an adoption of a related child or an

adoption through an agency, or of an adult:

(a) To determine the validity of the consent, provided

that the execution of a consent pursuant to this Act shall

be prima facie evidence of its validity, and provided that

the validity of a consent shall not be affected by the

omission therefrom of the names of the petitioners or

adopting parents at the time the consent is executed or

acknowledged, and further provided that the execution of a

consent prior to the filing of a petition for adoption

shall not affect its validity.

(b) To determine whether there is available suitable

temporary custodial care for a child sought to be adopted.

B. In all cases except standby adoptions and re-adoptions:

(a) The court shall appoint some licensed attorney

other than the State's attorney acting in his or her

official capacity as guardian ad litem to represent a child

sought to be adopted. Such guardian ad litem shall have

power to consent to the adoption of the child, if such

consent is required.

(b) The court shall appoint a guardian ad litem for all

named minors or defendants who are persons under legal

disability, if any.

(c) If the petition alleges a person to be unfit

pursuant to the provisions of subparagraph (p) of paragraph

D of Section 1 of this Act, such person shall be

represented by counsel. If such person is indigent or an

appearance has not been entered on his behalf at the time

the matter is set for hearing, the court shall appoint as

counsel for him either the Guardianship and Advocacy

Commission, the public defender, or, only if no attorney

from the Guardianship and Advocacy Commission or the public

defender is available, an attorney licensed to practice law

in this State.

(d) If it is proved to the satisfaction of the court,

after such investigation as the court deems necessary, that

termination of parental rights and temporary commitment of

the child to an agency or to a person deemed competent by

the court, including petitioners, will be for the welfare

of the child, the court may order the child to be so

committed and may terminate the parental rights of the

parents and declare the child a ward of the court or, if it

is not so proved, the court may enter such other order as

it shall deem necessary and advisable.

(e) Before an interim custody order is granted under

this Section, service of summons shall be had upon the

parent or parents whose rights have not been terminated,

except as provided in subsection (f). Reasonable notice and

opportunity to be heard shall be given to the parent or

parents after service of summons when the address of the

parent or parents is available. The party seeking an

interim custody order shall make all reasonable efforts to

locate the parent or parents of the child or children they

are seeking to adopt and to notify the parent or parents of

the party's request for an interim custody order pursuant

to this Section.

(f) An interim custody order may be granted without

notice upon presentation to the court of a written

petition, accompanied by an affidavit, stating that there

is an immediate danger to the child and that irreparable

harm will result to the child if notice is given to the

parent or parents or legal guardian. Upon making a finding

that there is an immediate danger to the child if service

of process is had upon and notice of hearing is given to

the parent or parents or legal guardian prior to the entry

of an order granting temporary custody to someone other

than a parent or legal guardian, the court may enter an

order of temporary custody which shall expire not more than

10 days after its entry. Every ex parte custody order

granted without notice shall state the injury which the

court sought to avoid by granting the order, the

irreparable injury that would have occurred had notice been

given, and the reason the order was granted without notice.

The matter shall be set down for full hearing before the

expiration of the ex parte order and will be heard after

service of summons is had upon and notice of hearing is

given to the parent or parents or legal guardian. At the

hearing the burden of proof shall be upon the party seeking

to extend the interim custody order to show that the order

was properly granted without notice and that custody should

remain with the party seeking to adopt during the pendency

of the adoption proceeding. If the interim custody order is

extended, the reasons for granting the extension shall be

stated in the order.

C. In the case of a child born outside the United States or

a territory thereof, if the petitioners have previously been

appointed guardians of such child by a court of competent

jurisdiction in a country other than the United States or a

territory thereof, the court may order that the petitioners

continue as guardians of such child.

D. In standby adoption cases:

(a) The court shall appoint a licensed attorney other

than the State's Attorney acting in his or her official

capacity as guardian ad litem to represent a child sought

to be adopted. The guardian ad litem shall have power to

consent to the adoption of the child, if consent is

required.

(b) The court shall appoint a guardian ad litem for all

named minors or defendants who are persons under legal

disability, if any.

(c) The court lacks jurisdiction to proceed on the

petition for standby adoption if the child has a living

parent, adoptive parent, or adjudicated parent whose

rights have not been terminated and whose whereabouts are

known, unless the parent consents to the standby adoption

or, after receiving notice of the hearing on the standby

adoption petition, fails to object to the appointment of a

standby adoptive parent at the hearing on the petition.

(d) The court shall investigate as needed for the

welfare of the child and shall determine whether the

petitioner or petitioners shall be permitted to adopt.

(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,

eff. 1-1-00.)

(750 ILCS 50/18.9 new)

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. Access to post-placement and post-adoption support

services to provide support and resources for wards of the

State, 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

post-placement and post-adoption support services.

(c) The Department shall post information about the

Department's post-placement and post-adoption support services

on the Department's website and 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. The Department's post-placement and

post-adoption support services shall be referenced in

information regarding adoptive parents' rights and

responsibilities that the Department publishes and provides to

adoptive parents under this Act. 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.

(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 services

information set forth in subsection (c) of this Section,

including the Department's toll-free number, to every adoptive

parent 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 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 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;

(3) the number of families who have contacted the

Department about its post-placement and post-adoption

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 ward of the Department, and if the child was not

a ward, 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.