| 
 |  | HB3079 Engrossed |  | LRB099 08115 HEP 28264 b |  
  | 
 | 
| 1 |  |  AN ACT concerning civil law.
 | 
| 2 |  |  Be it enacted by the People of the State of Illinois,
 | 
| 3 |  | represented in the General Assembly:
 | 
| 4 |  |  Section 5. The Child Care Act of 1969 is amended by adding  | 
| 5 |  | Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows:
 | 
| 6 |  |  (225 ILCS 10/2.30 new) | 
| 7 |  |  Sec. 2.30. Placement disruption. "Placement disruption"  | 
| 8 |  | means a circumstance where the child is removed from an  | 
| 9 |  | adoptive placement before the adoption is finalized.
 | 
| 10 |  |  (225 ILCS 10/2.31 new) | 
| 11 |  |  Sec. 2.31. Secondary placement. "Secondary placement"  | 
| 12 |  | means a placement, including but not limited to the placement  | 
| 13 |  | of a ward of the Department, that occurs after a placement  | 
| 14 |  | disruption or adoption dissolution. "Secondary placement" does  | 
| 15 |  | not mean secondary placements arising due to the death of the  | 
| 16 |  | adoptive parent of the child.
 | 
| 17 |  |  (225 ILCS 10/2.32 new) | 
| 18 |  |  Sec. 2.32. Adoption dissolution. "Adoption dissolution"  | 
| 19 |  | means a circumstance where the child is removed from an  | 
| 20 |  | adoptive placement after the adoption is finalized.
 | 
     | 
 |  | HB3079 Engrossed | - 2 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  (225 ILCS 10/2.33 new) | 
| 2 |  |  Sec. 2.33. Unregulated placement. "Unregulated placement"  | 
| 3 |  | means the secondary placement of a child that occurs without  | 
| 4 |  | the oversight of the courts, the Department, or a licensed  | 
| 5 |  | child welfare agency.
 | 
| 6 |  |  (225 ILCS 10/2.34 new) | 
| 7 |  |  Sec. 2.34. Post-placement and post-adoption support  | 
| 8 |  | services.  "Post-placement and post-adoption support services"  | 
| 9 |  | means support services for placed or adopted children and  | 
| 10 |  | families that include, but are not limited to, counseling for  | 
| 11 |  | emotional, behavioral, or developmental needs.
 | 
| 12 |  |  Section 10. The Adoption Act is amended by changing  | 
| 13 |  | Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as  | 
| 14 |  | follows:
 | 
| 15 |  |  (750 ILCS 50/1) (from Ch. 40, par. 1501)
 | 
| 16 |  |  Sec. 1. Definitions. When used in this Act, unless the  | 
| 17 |  | context
otherwise requires:
 | 
| 18 |  |  A. "Child" means a person under legal age subject to  | 
| 19 |  | adoption under
this Act.
 | 
| 20 |  |  B. "Related child" means a child subject to adoption where  | 
| 21 |  | either or both of
the adopting parents stands in any of the  | 
| 22 |  | following relationships to the child
by blood, marriage,  | 
| 23 |  | adoption, or civil union: parent, grand-parent,  | 
     | 
 |  | HB3079 Engrossed | - 3 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | great-grandparent, brother, sister, step-parent,
 | 
| 2 |  | step-grandparent, step-brother, step-sister, uncle, aunt,  | 
| 3 |  | great-uncle,
great-aunt, first cousin, or second cousin. A  | 
| 4 |  | person is related to the child as a first cousin or second  | 
| 5 |  | cousin if they are both related to the same ancestor as either  | 
| 6 |  | grandchild or great-grandchild. A child whose parent has  | 
| 7 |  | executed
a consent to adoption, a surrender, or a waiver  | 
| 8 |  | pursuant to Section 10 of this Act or whose parent has signed a  | 
| 9 |  | denial of paternity pursuant to Section 12 of the Vital Records  | 
| 10 |  | Act or Section 12a of this Act, or whose parent has had his or  | 
| 11 |  | her parental rights
terminated, is not a related child to that  | 
| 12 |  | person, unless (1) the consent is
determined to be void or is  | 
| 13 |  | void pursuant to subsection O of Section 10 of this Act;
or (2)  | 
| 14 |  | the parent of the child executed a consent to adoption by a  | 
| 15 |  | specified person or persons pursuant to subsection A-1 of  | 
| 16 |  | Section 10 of this Act and a court of competent jurisdiction  | 
| 17 |  | finds that such consent is void; or (3) the order terminating  | 
| 18 |  | the parental rights of the parent is vacated by a court of  | 
| 19 |  | competent jurisdiction.
 | 
| 20 |  |  C. "Agency" for the purpose of this Act means a public  | 
| 21 |  | child welfare agency
or a licensed child welfare agency.
 | 
| 22 |  |  D. "Unfit person" means any person whom the court shall  | 
| 23 |  | find to be unfit
to have a child, without regard to the  | 
| 24 |  | likelihood that the child will be
placed for adoption. The  | 
| 25 |  | grounds of unfitness are any one or more
of the following,  | 
| 26 |  | except that a person shall not be considered an unfit
person  | 
     | 
 |  | HB3079 Engrossed | - 4 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | for the sole reason that the person has relinquished a child in
 | 
| 2 |  | accordance with the Abandoned Newborn Infant Protection Act:
 | 
| 3 |  |   (a) Abandonment of the child.
 | 
| 4 |  |   (a-1) Abandonment of a newborn infant in a hospital.
 | 
| 5 |  |   (a-2) Abandonment of a newborn infant in any setting  | 
| 6 |  |  where the evidence
suggests that the parent intended to  | 
| 7 |  |  relinquish his or her parental rights.
 | 
| 8 |  |   (b) Failure to maintain a reasonable degree of  | 
| 9 |  |  interest, concern or
responsibility as to the child's  | 
| 10 |  |  welfare.
 | 
| 11 |  |   (c) Desertion of the child for more than 3 months next  | 
| 12 |  |  preceding the
commencement of the Adoption proceeding.
 | 
| 13 |  |   (d) Substantial neglect
of the
child if continuous or  | 
| 14 |  |  repeated.
 | 
| 15 |  |   (d-1) Substantial neglect, if continuous or repeated,  | 
| 16 |  |  of any child
residing in the household which resulted in  | 
| 17 |  |  the death of that child.
 | 
| 18 |  |   (e) Extreme or repeated cruelty to the child.
 | 
| 19 |  |   (f) There is a rebuttable presumption, which can be  | 
| 20 |  |  overcome only by clear and convincing evidence, that a  | 
| 21 |  |  parent is unfit if:
 | 
| 22 |  |    (1) Two or more findings of physical abuse have  | 
| 23 |  |  been entered regarding any children under Section 2-21  | 
| 24 |  |  of the Juvenile Court Act
of 1987, the most recent of  | 
| 25 |  |  which was determined by the juvenile court
hearing the  | 
| 26 |  |  matter to be supported by clear and convincing  | 
     | 
 |  | HB3079 Engrossed | - 5 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  evidence; or | 
| 2 |  |    (2) The parent has been convicted or found not  | 
| 3 |  |  guilty by reason of insanity and the conviction or  | 
| 4 |  |  finding resulted from the death of any child by  | 
| 5 |  |  physical abuse; or
 | 
| 6 |  |    (3) There is a finding of physical child abuse  | 
| 7 |  |  resulting from the death of any
child under Section  | 
| 8 |  |  2-21 of the
Juvenile Court Act of 1987. | 
| 9 |  |    No conviction or finding of delinquency pursuant  | 
| 10 |  |  to Article V of the Juvenile Court Act of 1987 shall be  | 
| 11 |  |  considered a criminal conviction for the purpose of  | 
| 12 |  |  applying any presumption under this item (f).
 | 
| 13 |  |   (g) Failure to protect the child from conditions within  | 
| 14 |  |  his environment
injurious to the child's welfare.
 | 
| 15 |  |   (h) Other neglect of, or misconduct toward the child;  | 
| 16 |  |  provided that in
making a finding of unfitness the court  | 
| 17 |  |  hearing the adoption proceeding
shall not be bound by any  | 
| 18 |  |  previous finding, order or judgment affecting
or  | 
| 19 |  |  determining the rights of the parents toward the child  | 
| 20 |  |  sought to be adopted
in any other proceeding except such  | 
| 21 |  |  proceedings terminating parental rights
as shall be had  | 
| 22 |  |  under either this Act, the Juvenile Court Act or
the  | 
| 23 |  |  Juvenile Court Act of 1987.
 | 
| 24 |  |   (i) Depravity. Conviction of any one of the following
 | 
| 25 |  |  crimes shall create a presumption that a parent is depraved  | 
| 26 |  |  which can be
overcome only by clear and convincing  | 
     | 
 |  | HB3079 Engrossed | - 6 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  evidence:
(1) first degree murder in violation of paragraph  | 
| 2 |  |  1 or
2 of subsection (a) of Section 9-1 of the Criminal  | 
| 3 |  |  Code of 1961 or the Criminal Code of 2012 or conviction
of  | 
| 4 |  |  second degree murder in violation of subsection (a) of  | 
| 5 |  |  Section 9-2 of the
Criminal Code of 1961 or the Criminal  | 
| 6 |  |  Code of 2012 of a parent of the child to be adopted; (2)
 | 
| 7 |  |  first degree murder or second degree murder of any child in
 | 
| 8 |  |  violation of the Criminal Code of 1961 or the Criminal Code  | 
| 9 |  |  of 2012; (3)
attempt or conspiracy to commit first degree  | 
| 10 |  |  murder or second degree murder
of any child in violation of  | 
| 11 |  |  the Criminal Code of 1961 or the Criminal Code of 2012; (4)
 | 
| 12 |  |  solicitation to commit murder of any child, solicitation to
 | 
| 13 |  |  commit murder of any child for hire, or solicitation to  | 
| 14 |  |  commit second
degree murder of any child in violation of  | 
| 15 |  |  the Criminal Code of 1961 or the Criminal Code of 2012; (5)
 | 
| 16 |  |  predatory criminal sexual assault of a child in violation  | 
| 17 |  |  of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961  | 
| 18 |  |  or the Criminal Code of 2012; (6) heinous battery of any  | 
| 19 |  |  child in violation of the Criminal Code of 1961; or (7)  | 
| 20 |  |  aggravated battery of any child in violation of the  | 
| 21 |  |  Criminal Code of 1961 or the Criminal Code of 2012.
 | 
| 22 |  |   There is a rebuttable presumption that a parent is  | 
| 23 |  |  depraved if the parent
has been criminally convicted of at  | 
| 24 |  |  least 3 felonies under the laws of this
State or any other  | 
| 25 |  |  state, or under federal law, or the criminal laws of any
 | 
| 26 |  |  United States territory; and at least
one of these
 | 
     | 
 |  | HB3079 Engrossed | - 7 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  convictions took place within 5 years of the filing of the  | 
| 2 |  |  petition or motion
seeking termination of parental rights.
 | 
| 3 |  |   There is a rebuttable presumption that a parent is  | 
| 4 |  |  depraved if that
parent
has
been criminally convicted of  | 
| 5 |  |  either first or second degree murder of any person
as  | 
| 6 |  |  defined in the Criminal Code of 1961 or the Criminal Code  | 
| 7 |  |  of 2012 within 10 years of the filing date of
the petition  | 
| 8 |  |  or motion to terminate parental rights. | 
| 9 |  |   No conviction or finding of delinquency pursuant to  | 
| 10 |  |  Article 5 of the Juvenile Court Act of 1987 shall be  | 
| 11 |  |  considered a criminal conviction for the purpose of  | 
| 12 |  |  applying any presumption under this item (i).
 | 
| 13 |  |   (j) Open and notorious adultery or fornication.
 | 
| 14 |  |   (j-1) (Blank).
 | 
| 15 |  |   (k) Habitual drunkenness or addiction to drugs, other  | 
| 16 |  |  than those
prescribed by a physician, for at least one year  | 
| 17 |  |  immediately
prior to the commencement of the unfitness  | 
| 18 |  |  proceeding.
 | 
| 19 |  |   There is a rebuttable presumption that a parent is  | 
| 20 |  |  unfit under this
subsection
with respect to any child to  | 
| 21 |  |  which that parent gives birth where there is a
confirmed
 | 
| 22 |  |  test result that at birth the child's blood, urine, or  | 
| 23 |  |  meconium contained any
amount of a controlled substance as  | 
| 24 |  |  defined in subsection (f) of Section 102 of
the Illinois  | 
| 25 |  |  Controlled Substances Act or metabolites of such  | 
| 26 |  |  substances, the
presence of which in the newborn infant was  | 
     | 
 |  | HB3079 Engrossed | - 8 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  not the result of medical treatment
administered to the  | 
| 2 |  |  mother or the newborn infant; and the biological mother of
 | 
| 3 |  |  this child is the biological mother of at least one other  | 
| 4 |  |  child who was
adjudicated a neglected minor under  | 
| 5 |  |  subsection (c) of Section 2-3 of the
Juvenile Court Act of  | 
| 6 |  |  1987. 
 | 
| 7 |  |   (l) Failure to demonstrate a reasonable degree of  | 
| 8 |  |  interest, concern or
responsibility as to the welfare of a  | 
| 9 |  |  new born child during the first 30
days after its birth.
 | 
| 10 |  |   (m) Failure by a parent (i) to make reasonable efforts  | 
| 11 |  |  to correct the
conditions that were the basis for the  | 
| 12 |  |  removal of the child from the
parent during any 9-month  | 
| 13 |  |  period following the adjudication of neglected or abused  | 
| 14 |  |  minor under Section 2-3 of the Juvenile Court Act of 1987  | 
| 15 |  |  or dependent minor under Section 2-4 of that Act, or (ii)  | 
| 16 |  |  to make reasonable progress
toward the return of the
child  | 
| 17 |  |  to the parent during any 9-month period following the  | 
| 18 |  |  adjudication of
neglected or abused minor under Section 2-3  | 
| 19 |  |  of the Juvenile Court
Act of 1987 or dependent minor under  | 
| 20 |  |  Section 2-4 of that Act.
If a service plan has been  | 
| 21 |  |  established as
required under
Section 8.2 of the Abused and  | 
| 22 |  |  Neglected Child Reporting Act to correct the
conditions  | 
| 23 |  |  that were the basis for the removal of the child from the  | 
| 24 |  |  parent
and if those services were available,
then, for  | 
| 25 |  |  purposes of this Act, "failure to make reasonable progress  | 
| 26 |  |  toward the
return of the child to the parent" includes the  | 
     | 
 |  | HB3079 Engrossed | - 9 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  parent's failure to substantially fulfill his or her  | 
| 2 |  |  obligations
under
the service plan and correct the  | 
| 3 |  |  conditions that brought the child into care
during any  | 
| 4 |  |  9-month period
following the adjudication under Section  | 
| 5 |  |  2-3 or 2-4 of the Juvenile Court
Act of 1987.  | 
| 6 |  |  Notwithstanding any other provision, when a petition or  | 
| 7 |  |  motion seeks to terminate parental rights on the basis of  | 
| 8 |  |  item (ii) of this subsection (m), the petitioner shall file  | 
| 9 |  |  with the court and serve on the parties a pleading that  | 
| 10 |  |  specifies the 9-month period or periods relied on. The  | 
| 11 |  |  pleading shall be filed and served on the parties no later  | 
| 12 |  |  than 3 weeks before the date set by the court for closure  | 
| 13 |  |  of discovery, and the allegations in the pleading shall be  | 
| 14 |  |  treated as incorporated into the petition or motion.  | 
| 15 |  |  Failure of a respondent to file a written denial of the  | 
| 16 |  |  allegations in the pleading shall not be treated as an  | 
| 17 |  |  admission that the allegations are true.
 | 
| 18 |  |   (m-1) Pursuant to the Juvenile Court Act of 1987, a  | 
| 19 |  |  child
has been in foster care for 15 months out of any 22  | 
| 20 |  |  month period which begins
on or after the effective date of  | 
| 21 |  |  this amendatory Act of 1998 unless the
child's parent can  | 
| 22 |  |  prove
by a preponderance of the evidence that it is more  | 
| 23 |  |  likely than not that it will
be in the best interests of  | 
| 24 |  |  the child to be returned to the parent within 6
months of  | 
| 25 |  |  the date on which a petition for termination of parental  | 
| 26 |  |  rights is
filed under the Juvenile Court Act of 1987. The  | 
     | 
 |  | HB3079 Engrossed | - 10 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  15 month time limit is tolled
during
any period for which  | 
| 2 |  |  there is a court finding that the appointed custodian or
 | 
| 3 |  |  guardian failed to make reasonable efforts to reunify the  | 
| 4 |  |  child with his or her
family, provided that (i) the finding  | 
| 5 |  |  of no reasonable efforts is made within
60 days of the  | 
| 6 |  |  period when reasonable efforts were not made or (ii) the  | 
| 7 |  |  parent
filed a motion requesting a finding of no reasonable  | 
| 8 |  |  efforts within 60 days of
the period when reasonable  | 
| 9 |  |  efforts were not made. For purposes of this
subdivision  | 
| 10 |  |  (m-1), the date of entering foster care is the earlier of:  | 
| 11 |  |  (i) the
date of
a judicial finding at an adjudicatory  | 
| 12 |  |  hearing that the child is an abused,
neglected, or  | 
| 13 |  |  dependent minor; or (ii) 60 days after the date on which  | 
| 14 |  |  the
child is removed from his or her parent, guardian, or  | 
| 15 |  |  legal custodian.
 | 
| 16 |  |   (n) Evidence of intent to forgo his or her parental  | 
| 17 |  |  rights,
whether or
not the child is a ward of the court,  | 
| 18 |  |  (1) as manifested
by his or her failure for a period of 12  | 
| 19 |  |  months: (i) to visit the child,
(ii) to communicate with  | 
| 20 |  |  the child or agency, although able to do so and
not  | 
| 21 |  |  prevented from doing so by an agency or by court order, or  | 
| 22 |  |  (iii) to
maintain contact with or plan for the future of  | 
| 23 |  |  the child, although physically
able to do so, or (2) as  | 
| 24 |  |  manifested by the father's failure, where he
and the mother  | 
| 25 |  |  of the child were unmarried to each other at the time of  | 
| 26 |  |  the
child's birth, (i) to commence legal proceedings to  | 
     | 
 |  | HB3079 Engrossed | - 11 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  establish his paternity
under the Illinois Parentage Act of  | 
| 2 |  |  1984 or the law of the jurisdiction of
the child's birth  | 
| 3 |  |  within 30 days of being informed, pursuant to Section 12a
 | 
| 4 |  |  of this Act, that he is the father or the likely father of  | 
| 5 |  |  the child or,
after being so informed where the child is  | 
| 6 |  |  not yet born, within 30 days of
the child's birth, or (ii)  | 
| 7 |  |  to make a good faith effort to pay a reasonable
amount of  | 
| 8 |  |  the expenses related to the birth of the child and to  | 
| 9 |  |  provide a
reasonable amount for the financial support of  | 
| 10 |  |  the child, the court to
consider in its determination all  | 
| 11 |  |  relevant circumstances, including the
financial condition  | 
| 12 |  |  of both parents; provided that the ground for
termination  | 
| 13 |  |  provided in this subparagraph (n)(2)(ii) shall only be
 | 
| 14 |  |  available where the petition is brought by the mother or  | 
| 15 |  |  the husband of
the mother.
 | 
| 16 |  |   Contact or communication by a parent with his or her  | 
| 17 |  |  child that does not
demonstrate affection and concern does  | 
| 18 |  |  not constitute reasonable contact
and planning under  | 
| 19 |  |  subdivision (n). In the absence of evidence to the
 | 
| 20 |  |  contrary, the ability to visit, communicate, maintain  | 
| 21 |  |  contact, pay
expenses and plan for the future shall be  | 
| 22 |  |  presumed. The subjective intent
of the parent, whether  | 
| 23 |  |  expressed or otherwise, unsupported by evidence of
the  | 
| 24 |  |  foregoing parental acts manifesting that intent, shall not  | 
| 25 |  |  preclude a
determination that the parent has intended to  | 
| 26 |  |  forgo his or her
parental
rights. In making this  | 
     | 
 |  | HB3079 Engrossed | - 12 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  determination, the court may consider but shall not
require  | 
| 2 |  |  a showing of diligent efforts by an authorized agency to  | 
| 3 |  |  encourage
the parent to perform the acts specified in  | 
| 4 |  |  subdivision (n).
 | 
| 5 |  |   It shall be an affirmative defense to any allegation  | 
| 6 |  |  under paragraph
(2) of this subsection that the father's  | 
| 7 |  |  failure was due to circumstances
beyond his control or to  | 
| 8 |  |  impediments created by the mother or any other
person  | 
| 9 |  |  having legal custody. Proof of that fact need only be by a
 | 
| 10 |  |  preponderance of the evidence.
 | 
| 11 |  |   (o) Repeated or continuous failure by the parents,  | 
| 12 |  |  although physically
and financially able, to provide the  | 
| 13 |  |  child with adequate food, clothing,
or shelter.
 | 
| 14 |  |   (p) Inability to discharge parental responsibilities  | 
| 15 |  |  supported by
competent evidence from a psychiatrist,  | 
| 16 |  |  licensed clinical social
worker, or clinical psychologist  | 
| 17 |  |  of mental
impairment, mental illness or an intellectual  | 
| 18 |  |  disability as defined in Section
1-116 of the Mental Health  | 
| 19 |  |  and Developmental Disabilities Code, or
developmental  | 
| 20 |  |  disability as defined in Section 1-106 of that Code, and
 | 
| 21 |  |  there is sufficient justification to believe that the  | 
| 22 |  |  inability to
discharge parental responsibilities shall  | 
| 23 |  |  extend beyond a reasonable
time period. However, this  | 
| 24 |  |  subdivision (p) shall not be construed so as to
permit a  | 
| 25 |  |  licensed clinical social worker to conduct any medical  | 
| 26 |  |  diagnosis to
determine mental illness or mental  | 
     | 
 |  | HB3079 Engrossed | - 13 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  impairment.
 | 
| 2 |  |   (q) (Blank).
 | 
| 3 |  |   (r) The child is in the temporary custody or  | 
| 4 |  |  guardianship of the
Department of Children and Family  | 
| 5 |  |  Services, the parent is incarcerated as a
result of  | 
| 6 |  |  criminal conviction at the time the petition or motion for
 | 
| 7 |  |  termination of parental rights is filed, prior to  | 
| 8 |  |  incarceration the parent had
little or no contact with the  | 
| 9 |  |  child or provided little or no support for the
child, and  | 
| 10 |  |  the parent's incarceration will prevent the parent from  | 
| 11 |  |  discharging
his or her parental responsibilities for the  | 
| 12 |  |  child for a period in excess of 2
years after the filing of  | 
| 13 |  |  the petition or motion for termination of parental
rights.
 | 
| 14 |  |   (s) The child is in the temporary custody or  | 
| 15 |  |  guardianship of the
Department of Children and Family  | 
| 16 |  |  Services, the parent is incarcerated at the
time the  | 
| 17 |  |  petition or motion for termination of parental rights is  | 
| 18 |  |  filed, the
parent has been repeatedly incarcerated as a  | 
| 19 |  |  result of criminal convictions,
and the parent's repeated  | 
| 20 |  |  incarceration has prevented the parent from
discharging  | 
| 21 |  |  his or her parental responsibilities for the child.
 | 
| 22 |  |   (t) A finding that at birth the child's blood,
urine,  | 
| 23 |  |  or meconium contained any amount of a controlled substance  | 
| 24 |  |  as
defined in subsection (f) of Section 102 of the Illinois  | 
| 25 |  |  Controlled Substances
Act, or a metabolite of a controlled  | 
| 26 |  |  substance, with the exception of
controlled substances or  | 
     | 
 |  | HB3079 Engrossed | - 14 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  metabolites of such substances, the presence of which
in  | 
| 2 |  |  the newborn infant was the result of medical treatment  | 
| 3 |  |  administered to the
mother or the newborn infant, and that  | 
| 4 |  |  the biological mother of this child is
the biological  | 
| 5 |  |  mother of at least one other child who was adjudicated a
 | 
| 6 |  |  neglected minor under subsection (c) of Section 2-3 of the  | 
| 7 |  |  Juvenile Court Act
of 1987, after which the biological  | 
| 8 |  |  mother had the opportunity to enroll in
and participate in  | 
| 9 |  |  a clinically appropriate substance abuse
counseling,  | 
| 10 |  |  treatment, and rehabilitation program.
 | 
| 11 |  |  E. "Parent" means a person who is the legal mother or legal  | 
| 12 |  | father of the child as defined in subsection X or Y of this  | 
| 13 |  | Section. For the purpose of this Act, a parent who has executed  | 
| 14 |  | a consent to adoption, a surrender, or a waiver pursuant to  | 
| 15 |  | Section 10 of this Act, who has signed a Denial of Paternity  | 
| 16 |  | pursuant to Section 12 of the Vital Records Act or Section 12a  | 
| 17 |  | of this Act, or whose parental rights have been terminated by a  | 
| 18 |  | court, is not a parent of the child who was the subject of the  | 
| 19 |  | consent, surrender, waiver, or denial unless (1) the consent is  | 
| 20 |  | void pursuant to subsection O of Section 10 of this Act; or (2)  | 
| 21 |  | the person executed a consent to adoption by a specified person  | 
| 22 |  | or persons pursuant to subsection A-1 of Section 10 of this Act  | 
| 23 |  | and a court of competent jurisdiction finds that the consent is  | 
| 24 |  | void; or (3) the order terminating the parental rights of the  | 
| 25 |  | person is vacated by a court of competent jurisdiction.
 | 
| 26 |  |  F. A person is available for adoption when the person is:
 | 
     | 
 |  | HB3079 Engrossed | - 15 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |   (a) a child who has been surrendered for adoption to an  | 
| 2 |  |  agency and to
whose adoption the agency has thereafter  | 
| 3 |  |  consented;
 | 
| 4 |  |   (b) a child to whose adoption a person authorized by  | 
| 5 |  |  law, other than his
parents, has consented, or to whose  | 
| 6 |  |  adoption no consent is required pursuant
to Section 8 of  | 
| 7 |  |  this Act;
 | 
| 8 |  |   (c) a child who is in the custody of persons who intend  | 
| 9 |  |  to adopt him
through placement made by his parents;
 | 
| 10 |  |   (c-1) a child for whom a parent has signed a specific  | 
| 11 |  |  consent pursuant
to subsection O of Section 10;
 | 
| 12 |  |   (d) an adult who meets the conditions set forth in  | 
| 13 |  |  Section 3 of this
Act; or
 | 
| 14 |  |   (e) a child who has been relinquished as defined in  | 
| 15 |  |  Section 10 of the
Abandoned Newborn Infant Protection Act.
 | 
| 16 |  |  A person who would otherwise be available for adoption  | 
| 17 |  | shall not be
deemed unavailable for adoption solely by reason  | 
| 18 |  | of his or her death.
 | 
| 19 |  |  G. The singular includes the plural and the plural includes
 | 
| 20 |  | the singular and the "male" includes the "female", as the  | 
| 21 |  | context of this
Act may require.
 | 
| 22 |  |  H. (Blank). "Adoption disruption" occurs when an adoptive  | 
| 23 |  | placement does not
prove successful and it becomes necessary  | 
| 24 |  | for the child to be removed from
placement before the adoption  | 
| 25 |  | is finalized.
 | 
| 26 |  |  I. "Habitual residence" has the meaning ascribed to it in  | 
     | 
 |  | HB3079 Engrossed | - 16 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | the federal Intercountry Adoption Act of 2000 and regulations  | 
| 2 |  | promulgated thereunder.
 | 
| 3 |  |  J. "Immediate relatives" means the biological parents, the  | 
| 4 |  | parents of
the biological parents and siblings of the  | 
| 5 |  | biological parents.
 | 
| 6 |  |  K. "Intercountry adoption" is a process by which a child  | 
| 7 |  | from a country
other than the United States is adopted by  | 
| 8 |  | persons who are habitual residents of the United States, or the  | 
| 9 |  | child is a habitual resident of the United States who is  | 
| 10 |  | adopted by persons who are habitual residents of a country  | 
| 11 |  | other than the United States.
 | 
| 12 |  |  L. (Blank). "Intercountry Adoption Coordinator" means a  | 
| 13 |  | staff person of the
Department of Children and Family Services  | 
| 14 |  | appointed by the Director to
coordinate the provision of  | 
| 15 |  | services related to an intercountry adoption.
 | 
| 16 |  |  M. "Interstate Compact on the Placement of Children" is a  | 
| 17 |  | law enacted by all
states and certain territories for the  | 
| 18 |  | purpose of establishing uniform procedures for handling
the  | 
| 19 |  | interstate placement of children in foster homes, adoptive  | 
| 20 |  | homes, or
other child care facilities.
 | 
| 21 |  |  N. (Blank).
 | 
| 22 |  |  O. "Preadoption requirements" means any conditions or  | 
| 23 |  | standards established by the laws or administrative rules of  | 
| 24 |  | this State that must be met by a prospective adoptive parent
 | 
| 25 |  | prior to the placement of a child in an adoptive home.
 | 
| 26 |  |  P. "Abused child" means a child whose parent or immediate  | 
     | 
 |  | HB3079 Engrossed | - 17 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | family member,
or any person responsible for the child's  | 
| 2 |  | welfare, or any individual
residing in the same home as the  | 
| 3 |  | child, or a paramour of the child's parent:
 | 
| 4 |  |   (a) inflicts, causes to be inflicted, or allows to be  | 
| 5 |  |  inflicted upon
the child physical injury, by other than  | 
| 6 |  |  accidental means, that causes
death, disfigurement,  | 
| 7 |  |  impairment of physical or emotional health, or loss
or  | 
| 8 |  |  impairment of any bodily function;
 | 
| 9 |  |   (b) creates a substantial risk of physical injury to  | 
| 10 |  |  the child by
other than accidental means which would be  | 
| 11 |  |  likely to cause death,
disfigurement, impairment of  | 
| 12 |  |  physical or emotional health, or loss or
impairment of any  | 
| 13 |  |  bodily function;
 | 
| 14 |  |   (c) commits or allows to be committed any sex offense  | 
| 15 |  |  against the child,
as sex offenses are defined in the  | 
| 16 |  |  Criminal Code of 2012
and extending those definitions of  | 
| 17 |  |  sex offenses to include children under
18 years of age;
 | 
| 18 |  |   (d) commits or allows to be committed an act or acts of  | 
| 19 |  |  torture upon
the child; or
 | 
| 20 |  |   (e) inflicts excessive corporal punishment.
 | 
| 21 |  |  Q. "Neglected child" means any child whose parent or other  | 
| 22 |  | person
responsible for the child's welfare withholds or denies  | 
| 23 |  | nourishment or
medically indicated treatment including food or  | 
| 24 |  | care denied solely on the
basis of the present or anticipated  | 
| 25 |  | mental or physical impairment as determined
by a physician  | 
| 26 |  | acting alone or in consultation with other physicians or
 | 
     | 
 |  | HB3079 Engrossed | - 18 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | otherwise does not provide the proper or necessary support,  | 
| 2 |  | education
as required by law, or medical or other remedial care  | 
| 3 |  | recognized under State
law as necessary for a child's  | 
| 4 |  | well-being, or other care necessary for his
or her well-being,  | 
| 5 |  | including adequate food, clothing and shelter; or who
is  | 
| 6 |  | abandoned by his or her parents or other person responsible for  | 
| 7 |  | the child's
welfare.
 | 
| 8 |  |  A child shall not be considered neglected or abused for the
 | 
| 9 |  | sole reason that the child's parent or other person responsible  | 
| 10 |  | for his
or her welfare depends upon spiritual means through  | 
| 11 |  | prayer alone for the
treatment or cure of disease or remedial  | 
| 12 |  | care as provided under Section 4
of the Abused and Neglected  | 
| 13 |  | Child Reporting Act.
A child shall not be considered neglected  | 
| 14 |  | or abused for the sole reason that
the child's parent or other  | 
| 15 |  | person responsible for the child's welfare failed
to vaccinate,  | 
| 16 |  | delayed vaccination, or refused vaccination for the child
due  | 
| 17 |  | to a waiver on religious or medical grounds as permitted by  | 
| 18 |  | law.
 | 
| 19 |  |  R. "Putative father" means a man who may be a child's  | 
| 20 |  | father, but who (1) is
not married to the child's mother on or  | 
| 21 |  | before the date that the child was or
is to be born and (2) has  | 
| 22 |  | not established paternity of the child in a court
proceeding  | 
| 23 |  | before the filing of a petition for the adoption of the child.  | 
| 24 |  | The
term includes a male who is less than 18 years of age.  | 
| 25 |  | "Putative father" does
not mean a man who is the child's father  | 
| 26 |  | as a result of criminal sexual abuse
or assault as defined  | 
     | 
 |  | HB3079 Engrossed | - 19 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | under Article 11 of the Criminal Code of 2012.
 | 
| 2 |  |  S. "Standby adoption" means an adoption in which a parent
 | 
| 3 |  | consents to custody and termination of parental rights to  | 
| 4 |  | become
effective upon the occurrence of a future event, which  | 
| 5 |  | is either the death of
the
parent or the request of the parent
 | 
| 6 |  | for the entry of a final judgment of adoption.
 | 
| 7 |  |  T. (Blank).
 | 
| 8 |  |  T-5. "Biological parent", "birth parent", or "natural  | 
| 9 |  | parent" of a child are interchangeable terms that mean a person  | 
| 10 |  | who is biologically or genetically related to that child as a  | 
| 11 |  | parent.  | 
| 12 |  |  U. "Interstate adoption" means the placement of a minor  | 
| 13 |  | child with a prospective adoptive parent for the purpose of  | 
| 14 |  | pursuing an adoption for that child that is subject to the  | 
| 15 |  | provisions of the Interstate Compact on Placement of Children. | 
| 16 |  |  V. (Blank). "Endorsement letter" means the letter issued by  | 
| 17 |  | the Department of Children and Family Services to document that  | 
| 18 |  | a prospective adoptive parent has met preadoption requirements  | 
| 19 |  | and has been deemed suitable by the Department to adopt a child  | 
| 20 |  | who is the subject of an intercountry adoption. | 
| 21 |  |  W. (Blank). "Denial letter" means the letter issued by the  | 
| 22 |  | Department of Children and Family Services to document that a  | 
| 23 |  | prospective adoptive parent has not met preadoption  | 
| 24 |  | requirements and has not been deemed suitable by the Department  | 
| 25 |  | to adopt a child who is the subject of an intercountry  | 
| 26 |  | adoption. | 
     | 
 |  | HB3079 Engrossed | - 20 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  X. "Legal father" of a child means a man who is recognized  | 
| 2 |  | as or presumed to be that child's father: | 
| 3 |  |   (1) because of his marriage to or civil union with the  | 
| 4 |  |  child's parent at the time of the child's birth or within  | 
| 5 |  |  300 days prior to that child's birth, unless he signed a  | 
| 6 |  |  denial of paternity pursuant to Section 12 of the Vital  | 
| 7 |  |  Records Act or a waiver pursuant to Section 10 of this Act;  | 
| 8 |  |  or | 
| 9 |  |   (2) because his paternity of the child has been  | 
| 10 |  |  established pursuant to the Illinois Parentage Act, the  | 
| 11 |  |  Illinois Parentage Act of 1984, or the Gestational  | 
| 12 |  |  Surrogacy Act; or | 
| 13 |  |   (3) because he is listed as the child's father or  | 
| 14 |  |  parent on the child's birth certificate, unless he is  | 
| 15 |  |  otherwise determined by an administrative or judicial  | 
| 16 |  |  proceeding not to be the parent of the child or unless he  | 
| 17 |  |  rescinds his acknowledgment of paternity pursuant to the  | 
| 18 |  |  Illinois Parentage Act of 1984; or | 
| 19 |  |   (4) because his paternity or adoption of the child has  | 
| 20 |  |  been established by a court of competent jurisdiction. | 
| 21 |  |  The definition in this subsection X shall not be construed  | 
| 22 |  | to provide greater or lesser rights as to the number of parents  | 
| 23 |  | who can be named on a final judgment order of adoption or  | 
| 24 |  | Illinois birth certificate that otherwise exist under Illinois  | 
| 25 |  | law.  | 
| 26 |  |  Y. "Legal mother" of a child means a woman who is  | 
     | 
 |  | HB3079 Engrossed | - 21 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | recognized as or presumed to be that child's mother: | 
| 2 |  |   (1) because she gave birth to the child except as  | 
| 3 |  |  provided in the Gestational Surrogacy Act; or | 
| 4 |  |   (2) because her maternity of the child has been  | 
| 5 |  |  established pursuant to the Illinois Parentage Act of 1984  | 
| 6 |  |  or the Gestational Surrogacy Act; or | 
| 7 |  |   (3) because her maternity or adoption of the child has  | 
| 8 |  |  been established by a court of competent jurisdiction; or | 
| 9 |  |   (4) because of her marriage to or civil union with the  | 
| 10 |  |  child's other parent at the time of the child's birth or  | 
| 11 |  |  within 300 days prior to the time of birth; or | 
| 12 |  |   (5) because she is listed as the child's mother or  | 
| 13 |  |  parent on the child's birth certificate unless she is  | 
| 14 |  |  otherwise determined by an administrative or judicial  | 
| 15 |  |  proceeding not to be the parent of the child.  | 
| 16 |  |  The definition in this subsection Y shall not be construed  | 
| 17 |  | to provide greater or lesser rights as to the number of parents  | 
| 18 |  | who can be named on a final judgment order of adoption or  | 
| 19 |  | Illinois birth certificate that otherwise exist under Illinois  | 
| 20 |  | law.  | 
| 21 |  |  Z. "Department" means the Illinois Department of Children  | 
| 22 |  | and Family Services.  | 
| 23 |  |  AA. "Placement disruption" means a circumstance where the  | 
| 24 |  | child is removed from an adoptive placement before the adoption  | 
| 25 |  | is finalized. | 
| 26 |  |  BB. "Secondary placement" means a placement, including but  | 
     | 
 |  | HB3079 Engrossed | - 22 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | not limited to the placement of a ward of the Department, that  | 
| 2 |  | occurs after a placement disruption or an adoption dissolution.  | 
| 3 |  | "Secondary placement" does not mean secondary placements  | 
| 4 |  | arising due to the death of the adoptive parent of the child. | 
| 5 |  |  CC. "Adoption dissolution" means a circumstance where the  | 
| 6 |  | child is removed from an adoptive placement after the adoption  | 
| 7 |  | is finalized. | 
| 8 |  |  DD. "Unregulated placement" means the secondary placement  | 
| 9 |  | of a child that occurs without the oversight of the courts, the  | 
| 10 |  | Department, or a licensed child welfare agency. | 
| 11 |  |  EE. "Post-placement and post-adoption support services"  | 
| 12 |  | means support services for placed or adopted children and  | 
| 13 |  | families that include, but are not limited to, counseling for  | 
| 14 |  | emotional, behavioral, or developmental needs.  | 
| 15 |  | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;  | 
| 16 |  | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.  | 
| 17 |  | 1-1-14; 98-804, eff. 1-1-15.)
 | 
| 18 |  |  (750 ILCS 50/2) (from Ch. 40, par. 1502)
 | 
| 19 |  |  Sec. 2. Who may
adopt a child.
 | 
| 20 |  |  A. Any of the following persons, who is under no legal  | 
| 21 |  | disability
(except the minority specified in sub-paragraph  | 
| 22 |  | (b)) and who has resided in
the State of Illinois continuously  | 
| 23 |  | for a period of at least 6 months
immediately preceding the  | 
| 24 |  | commencement of an adoption proceeding, or any
member of the  | 
| 25 |  | armed forces of the United States who has been domiciled in
the  | 
     | 
 |  | HB3079 Engrossed | - 23 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | State of Illinois for 90 days, may
institute such proceeding:
 | 
| 2 |  |   (a) A reputable person of legal age and of either sex,  | 
| 3 |  |  provided that if
such person is married or in a civil union  | 
| 4 |  |  and has not been living separate and apart from his or
her  | 
| 5 |  |  spouse or civil union partner for 12 months or longer, his  | 
| 6 |  |  or her spouse or civil union partner shall be a party to  | 
| 7 |  |  the
adoption
proceeding, including a spouse or civil union  | 
| 8 |  |  partner husband or wife desiring to adopt a child of the
 | 
| 9 |  |  other spouse or civil union partner, in all of which cases  | 
| 10 |  |  the adoption shall be by both spouses or civil union  | 
| 11 |  |  partners
jointly;
 | 
| 12 |  |   (b) A minor, by leave of court upon good cause shown.
 | 
| 13 |  |  Notwithstanding sub-paragraph (a) of this subsection, a  | 
| 14 |  | spouse or civil union partner is not required to join in a  | 
| 15 |  | petition for adoption to re-adopt a child after an intercountry  | 
| 16 |  | adoption if the spouse or civil union partner did not  | 
| 17 |  | previously adopt the child as set forth in subsections (c) and  | 
| 18 |  | (e) of Section 4.1 of this Act.  | 
| 19 |  |  B. The residence requirement specified in paragraph A of  | 
| 20 |  | this Section
shall not apply to: | 
| 21 |  |   (a) an adoption of a related child or child previously  | 
| 22 |  |  adopted in a foreign country by the petitioner; or | 
| 23 |  |   (b) an adoption of a child placed by an agency.
 | 
| 24 |  | (Source: P.A. 98-804, eff. 1-1-15.)
 | 
| 25 |  |  (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
 | 
     | 
 |  | HB3079 Engrossed | - 24 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  Sec. 4.1. Adoption between multiple jurisdictions.  | 
| 2 |  |  (a) The Department of Children and Family Services shall  | 
| 3 |  | promulgate rules regarding the approval and regulation of  | 
| 4 |  | agencies providing, in this State, adoption services, as  | 
| 5 |  | defined in Section 2.24 of the Child Care Act of 1969, which  | 
| 6 |  | shall include, but not be limited to, a requirement that any  | 
| 7 |  | agency shall be licensed in this State as a child welfare  | 
| 8 |  | agency as defined in Section 2.08 of the Child Care Act of  | 
| 9 |  | 1969. Any out-of-state agency, if not licensed in this State as  | 
| 10 |  | a child welfare agency, must obtain the approval of the  | 
| 11 |  | Department in order to act as a sending agency, as defined in  | 
| 12 |  | Section 1 of the Interstate Compact on Placement of Children  | 
| 13 |  | Act, seeking to place a child into this State through a  | 
| 14 |  | placement subject to the Interstate Compact on the Placement of  | 
| 15 |  | Children. An out-of-state agency, if not licensed in this State  | 
| 16 |  | as a child welfare agency, is prohibited from providing in this  | 
| 17 |  | State adoption services, as defined by Section 2.24 of the  | 
| 18 |  | Child Care Act of 1969; shall comply with Section 12C-70 of the  | 
| 19 |  | Criminal Code of 2012; and shall provide all of the following  | 
| 20 |  | to the Department: | 
| 21 |  |   (1) A copy of the agency's current license or other  | 
| 22 |  |  form of authorization from the approving authority in the  | 
| 23 |  |  agency's state. If no license or authorization is issued,  | 
| 24 |  |  the agency must provide a reference statement, from the  | 
| 25 |  |  approving authority, stating that the agency is authorized  | 
| 26 |  |  to place children in foster care or adoption or both in its  | 
     | 
 |  | HB3079 Engrossed | - 25 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  jurisdiction. | 
| 2 |  |   (2) A description of the program, including home  | 
| 3 |  |  studies, placements, and supervisions, that the child  | 
| 4 |  |  placing agency conducts within its geographical area, and,  | 
| 5 |  |  if applicable, adoptive placements and the finalization of  | 
| 6 |  |  adoptions. The child placing agency must accept continued  | 
| 7 |  |  responsibility for placement planning and replacement if  | 
| 8 |  |  the placement fails. | 
| 9 |  |   (3) Notification to the Department of any significant  | 
| 10 |  |  child placing agency changes after approval. | 
| 11 |  |   (4) Any other information the Department may require.  | 
| 12 |  |  The rules shall also provide that any agency that places  | 
| 13 |  | children for
adoption in this State may not, in any policy or  | 
| 14 |  | practice relating to the
placement of children for adoption,  | 
| 15 |  | discriminate against any child or
prospective adoptive parent  | 
| 16 |  | on the basis of race.
 | 
| 17 |  |  (a-5) (Blank). | 
| 18 |  |  (b) Interstate Adoptions. | 
| 19 |  |   (1) All interstate adoption placements under this Act  | 
| 20 |  |  shall comply with the Child Care Act of 1969 and the  | 
| 21 |  |  Interstate Compact on
the Placement of Children. The  | 
| 22 |  |  placement of children with relatives by the Department of  | 
| 23 |  |  Children and Family Services shall also comply with  | 
| 24 |  |  subsection (b) of Section 7 of the Children and Family  | 
| 25 |  |  Services Act. | 
| 26 |  |   (2) If an adoption is finalized prior to bringing or  | 
     | 
 |  | HB3079 Engrossed | - 26 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  sending a child to this State, compliance with the  | 
| 2 |  |  Interstate Compact on the Placement of Children is not  | 
| 3 |  |  required.
 | 
| 4 |  |  (c) Intercountry Adoptions. (1) The adoption of a child, if  | 
| 5 |  | the child is a habitual resident of a country other than the  | 
| 6 |  | United States and the petitioner is a habitual resident of the  | 
| 7 |  | United States, or, if the child is a habitual resident of the  | 
| 8 |  | United States and the petitioner is a habitual resident of a  | 
| 9 |  | country other than the United States, shall comply with the  | 
| 10 |  | Intercountry Adoption Act of 2000, as amended, and the  | 
| 11 |  | Immigration and Nationality Act, as amended. In the case of an  | 
| 12 |  | intercountry adoption that requires oversight by the adoption  | 
| 13 |  | services governed by the Intercountry Adoption Universal  | 
| 14 |  | Accreditation Act of 2012, this State shall not impose any  | 
| 15 |  | additional preadoption requirements.  | 
| 16 |  |   (2) The Department of Children and Family Services  | 
| 17 |  |  shall maintain the office of Intercountry Adoption  | 
| 18 |  |  Coordinator in order to maintain and protect the rights of  | 
| 19 |  |  prospective adoptive parents and children participating in  | 
| 20 |  |  an intercountry adoption and shall develop ongoing  | 
| 21 |  |  programs of support and services to such prospective  | 
| 22 |  |  adoptive parents and children. | 
| 23 |  |   (3) In the case of an intercountry adoption of a child  | 
| 24 |  |  by an Illinois resident, the Department shall promulgate  | 
| 25 |  |  rules concerning preadoption requirements, which shall  | 
| 26 |  |  include, but not be limited to, requirements relating to  | 
     | 
 |  | HB3079 Engrossed | - 27 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  home studies conducted by licensed child welfare agencies  | 
| 2 |  |  and requirements relating to supporting documentation  | 
| 3 |  |  concerning the prospective adoptive parent's suitability  | 
| 4 |  |  to adopt a child. | 
| 5 |  |   (4) The Intercountry Adoption Coordinator shall  | 
| 6 |  |  determine whether all preadoption requirements have been  | 
| 7 |  |  met by a prospective adoptive parent. The Intercountry  | 
| 8 |  |  Adoption Coordinator shall also determine whether the  | 
| 9 |  |  prospective adoptive parent is suitable as the adoptive  | 
| 10 |  |  parent. In determining suitability to adopt, the  | 
| 11 |  |  Intercountry Adoption coordinator shall give considerable  | 
| 12 |  |  weight to the home study, but is not bound by it. Even if  | 
| 13 |  |  the home study is favorable, the Intercountry Adoption  | 
| 14 |  |  Coordinator must issue a denial letter if, on the basis of  | 
| 15 |  |  all the information provided, the Intercountry Adoption  | 
| 16 |  |  Coordinator finds, for a specific and articulable reason,  | 
| 17 |  |  that the prospective adoptive parent has failed to  | 
| 18 |  |  establish that he or she is suitable as the adoptive  | 
| 19 |  |  parent. | 
| 20 |  |   (5) The Intercountry Adoption Coordinator shall issue  | 
| 21 |  |  an endorsement letter, indicating that all preadoption  | 
| 22 |  |  requirements have been met, or a denial letter, indicating  | 
| 23 |  |  the specific preadoption requirements that have not been  | 
| 24 |  |  met, no later than 21 days from receipt of the home study  | 
| 25 |  |  from the child welfare agency. If, upon receipt of the home  | 
| 26 |  |  study, the Intercountry Adoption Coordinator determines  | 
     | 
 |  | HB3079 Engrossed | - 28 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  that more information is required before any determination  | 
| 2 |  |  can be made with respect to compliance with the preadoption  | 
| 3 |  |  requirements, the Intercountry Adoption Coordinator shall,  | 
| 4 |  |  within 7 days of receipt of the home study, provide notice  | 
| 5 |  |  describing the additional information, via facsimile or  | 
| 6 |  |  through electronic communication, to the licensed child  | 
| 7 |  |  welfare agency and the adoptive parent. Within 21 days of  | 
| 8 |  |  receipt of the additional information, the Intercountry  | 
| 9 |  |  Adoption Coordinator shall provide the child welfare  | 
| 10 |  |  agency with an endorsement letter or a denial letter. The  | 
| 11 |  |  Intercountry Adoption Coordinator shall mail a copy of the  | 
| 12 |  |  endorsement letter or denial letter to the prospective  | 
| 13 |  |  adoptive parent at the same time that the Intercountry  | 
| 14 |  |  Adoption Coordinator provides the letter to the child  | 
| 15 |  |  welfare agency. | 
| 16 |  |   (6) If the Intercountry Adoption Coordinator issues a  | 
| 17 |  |  denial letter, a prospective adoptive parent shall have the  | 
| 18 |  |  right to a review. The Intercountry Adoption Coordinator  | 
| 19 |  |  shall include in its denial letter notification advising  | 
| 20 |  |  the prospective adoptive parent of the right to seek a  | 
| 21 |  |  review, by the Director of the Department, of the  | 
| 22 |  |  determination, if requested in writing within 30 days of  | 
| 23 |  |  receipt of the denial letter. Failure to submit such a  | 
| 24 |  |  request within 30 days waives the prospective parent's  | 
| 25 |  |  right to a review. | 
| 26 |  |    (i) The review by the Director shall include, but  | 
     | 
 |  | HB3079 Engrossed | - 29 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  is not limited to, a review of documentation submitted  | 
| 2 |  |  by the prospective adoptive parent and, if requested by  | 
| 3 |  |  the prospective adoptive parent, a telephone  | 
| 4 |  |  conference or a mutually convenient in-person meeting  | 
| 5 |  |  with the Director, or the Director's designated  | 
| 6 |  |  representative, to allow the prospective adoptive  | 
| 7 |  |  parent to present the facts and circumstances  | 
| 8 |  |  supporting the request for the endorsement letter. | 
| 9 |  |    (ii) The Director shall issue a decision within 30  | 
| 10 |  |  days of receipt of the request for review. | 
| 11 |  |    (iii) If the Director concurs with the original  | 
| 12 |  |  denial letter of the Intercountry Adoption  | 
| 13 |  |  Coordinator, the Director's decision shall be  | 
| 14 |  |  considered a final decision and the prospective  | 
| 15 |  |  adoptive parent shall have all rights and remedies to  | 
| 16 |  |  which he or she is entitled under applicable law,  | 
| 17 |  |  including a mandamus action under Article XIV of the  | 
| 18 |  |  Code of Civil Procedure and an action under the federal  | 
| 19 |  |  Civil Rights Act, 42 U.S.C. 1983. | 
| 20 |  |   (7) In the case of an intercountry adoption finalized  | 
| 21 |  |  in another country, where a complete and valid Order of  | 
| 22 |  |  Adoption is issued from that country to an Illinois  | 
| 23 |  |  resident, as determined by the United States Department of  | 
| 24 |  |  State, this State shall not impose any additional  | 
| 25 |  |  preadoption requirements. | 
| 26 |  |   (8) The Department of Children and Family Services  | 
     | 
 |  | HB3079 Engrossed | - 30 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  shall provide a report to the General Assembly, on an  | 
| 2 |  |  annual basis for the preceding year, beginning on September  | 
| 3 |  |  1 of each year after the effective date of this amendatory  | 
| 4 |  |  Act of the 98th General Assembly. The report shall provide  | 
| 5 |  |  non-identifying statistical data on the endorsement and  | 
| 6 |  |  denial letters and the requests for review of denial  | 
| 7 |  |  letters and shall contain, but not limited to, the  | 
| 8 |  |  following: | 
| 9 |  |    (i) the number of endorsement letters issued by the  | 
| 10 |  |  Intercountry Adoption Coordinator; | 
| 11 |  |    (ii) the number of denial letters issued by the  | 
| 12 |  |  Intercountry Adoption Coordinator; | 
| 13 |  |    (iii) the number of requests for review of denial  | 
| 14 |  |  letters; | 
| 15 |  |    (iv) the number of denial letter reviews which  | 
| 16 |  |  resulted in a reversal by the Director and an  | 
| 17 |  |  endorsement letter being issued; and | 
| 18 |  |    (v) the basis of each denial letter and the basis  | 
| 19 |  |  of each reversal of the denial letter in a particular  | 
| 20 |  |  case.
 | 
| 21 |  |  (d) (Blank).
 | 
| 22 |  |  (e) Re-adoption after an intercountry adoption. | 
| 23 |  |   (1) Any time after a minor child has been adopted in a  | 
| 24 |  |  foreign country and has immigrated to the United States,  | 
| 25 |  |  the adoptive parent or parents of the child may petition  | 
| 26 |  |  the court for a judgment of adoption to re-adopt the child  | 
     | 
 |  | HB3079 Engrossed | - 31 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  and confirm the foreign adoption decree. | 
| 2 |  |   (2) The petitioner must submit to the court one or more  | 
| 3 |  |  of the following to verify the foreign adoption: | 
| 4 |  |    (i) an immigrant visa for the child issued by  | 
| 5 |  |  United States Citizenship and Immigration Services of  | 
| 6 |  |  the U.S. Department of Homeland Security that was valid  | 
| 7 |  |  at the time of the child's immigration; | 
| 8 |  |    (ii) a decree, judgment, certificate of adoption,  | 
| 9 |  |  adoption registration, or equivalent court order,  | 
| 10 |  |  entered or issued by a court of competent jurisdiction  | 
| 11 |  |  or administrative body outside the United States,  | 
| 12 |  |  establishing the relationship of parent and child by  | 
| 13 |  |  adoption; or | 
| 14 |  |    (iii) such other evidence deemed satisfactory by  | 
| 15 |  |  the court. | 
| 16 |  |   (3) The child's immigrant visa shall be prima facie  | 
| 17 |  |  proof that the adoption was established in accordance with  | 
| 18 |  |  the laws of the foreign jurisdiction and met United States  | 
| 19 |  |  requirements for immigration. | 
| 20 |  |   (4) If the petitioner submits documentation that  | 
| 21 |  |  satisfies the requirements of paragraph (2), the court  | 
| 22 |  |  shall not appoint a guardian ad litem for the minor who is  | 
| 23 |  |  the subject of the proceeding, shall not require any  | 
| 24 |  |  further termination of parental rights of the child's  | 
| 25 |  |  biological parents, nor shall it require any home study,  | 
| 26 |  |  investigation, post-placement visit, or background check  | 
     | 
 |  | HB3079 Engrossed | - 32 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  of the petitioner. | 
| 2 |  |   (5) The petition may include a request for change of  | 
| 3 |  |  the child's name and any other request for specific relief  | 
| 4 |  |  that is in the best interests of the child. The relief may  | 
| 5 |  |  include a request for a revised birth date for the child if  | 
| 6 |  |  supported by evidence from a medical or dental professional  | 
| 7 |  |  attesting to the appropriate age of the child or other  | 
| 8 |  |  collateral evidence. | 
| 9 |  |   (6) Two adoptive parents who adopted a minor child  | 
| 10 |  |  together in a foreign country while married to one another  | 
| 11 |  |  may file a petition for adoption to re-adopt the child  | 
| 12 |  |  jointly, regardless of whether their marriage has been  | 
| 13 |  |  dissolved. If either parent whose marriage was dissolved  | 
| 14 |  |  has subsequently remarried or entered into a civil union  | 
| 15 |  |  with another person, the new spouse or civil union partner  | 
| 16 |  |  shall not join in the petition to re-adopt the child,  | 
| 17 |  |  unless the new spouse or civil union partner is seeking to  | 
| 18 |  |  adopt the child. If either adoptive parent does not join in  | 
| 19 |  |  the petition, he or she must be joined as a party  | 
| 20 |  |  defendant. The defendant parent's failure to participate  | 
| 21 |  |  in the re-adoption proceeding shall not affect the existing  | 
| 22 |  |  parental rights or obligations of the parent as they relate  | 
| 23 |  |  to the minor child, and the parent's name shall be placed  | 
| 24 |  |  on any subsequent birth record issued for the child as a  | 
| 25 |  |  result of the re-adoption proceeding. | 
| 26 |  |   (7) An adoptive parent who adopted a minor child in a  | 
     | 
 |  | HB3079 Engrossed | - 33 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  foreign country as an unmarried person may file a petition  | 
| 2 |  |  for adoption to re-adopt the child as a sole petitioner,  | 
| 3 |  |  even if the adoptive parent has subsequently married or  | 
| 4 |  |  entered into a civil union. | 
| 5 |  |   (8) If one of the adoptive parents who adopted a minor  | 
| 6 |  |  child dies prior to a re-adoption proceeding, the deceased  | 
| 7 |  |  parent's name shall be placed on any subsequent birth  | 
| 8 |  |  record issued for the child as a result of the re-adoption  | 
| 9 |  |  proceeding. | 
| 10 |  | (Source: P.A. 98-455, eff. 1-1-14.)
 | 
| 11 |  |  (750 ILCS 50/5) (from Ch. 40, par. 1507)
 | 
| 12 |  |  Sec. 5. Petition, contents, verification, filing. 
 | 
| 13 |  |  A. A proceeding to adopt a child, other than a related  | 
| 14 |  | child, shall be
commenced by the filing of a petition within 30  | 
| 15 |  | days after such child has
become available for adoption,  | 
| 16 |  | provided that such petition may be filed at
a later date by  | 
| 17 |  | leave of court upon a showing that the failure to file such
 | 
| 18 |  | petition within such 30 day period was not due to the  | 
| 19 |  | petitioners' culpable
negligence or their wilful disregard of  | 
| 20 |  | the provisions of this Section.
In the case of a child born  | 
| 21 |  | outside the United States or a territory
thereof, if the  | 
| 22 |  | prospective adoptive parents of such child have been
appointed  | 
| 23 |  | guardians of such child by a court of competent jurisdiction in  | 
| 24 |  | a
country other than the United States or a territory thereof,  | 
| 25 |  | such parents
shall file a petition as provided in this Section  | 
     | 
 |  | HB3079 Engrossed | - 34 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | within 30 days after
entry of the child into the United States.  | 
| 2 |  | A petition to adopt an adult or a
related child may be filed at  | 
| 3 |  | any time. A petition for adoption may include
more than one  | 
| 4 |  | person sought to be adopted.
 | 
| 5 |  |  B. A petition to adopt a child other than a related child  | 
| 6 |  | shall state:
 | 
| 7 |  |   (a) The full names of the petitioners and, if minors,  | 
| 8 |  |  their respective
ages;
 | 
| 9 |  |   (b) The place of residence of the petitioners and the  | 
| 10 |  |  length of
residence of each in the State of Illinois  | 
| 11 |  |  immediately preceding the filing
of the petition;
 | 
| 12 |  |   (c) When the petitioners acquired, or intend to  | 
| 13 |  |  acquire, custody of the
child, and the name and address of  | 
| 14 |  |  the persons or agency from whom the
child was or will be  | 
| 15 |  |  received;
 | 
| 16 |  |   (d) The name, the place and date of birth if known, and  | 
| 17 |  |  the sex of the
child sought to be adopted;
 | 
| 18 |  |   (e) The relationship, if any, of the child to each  | 
| 19 |  |  petitioner;
 | 
| 20 |  |   (f) The names, if known, and the place of residence, if  | 
| 21 |  |  known, of the
parents; and whether such parents are minors,  | 
| 22 |  |  or otherwise under any legal
disability. The names and  | 
| 23 |  |  addresses of the parents shall be omitted and
they shall  | 
| 24 |  |  not be made parties defendant to the petition if (1) the  | 
| 25 |  |  rights
of the parents have been terminated by a court of  | 
| 26 |  |  competent jurisdiction,
or (2) the child has been  | 
     | 
 |  | HB3079 Engrossed | - 35 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  surrendered to an agency, or (3) the parent
or parents have  | 
| 2 |  |  been served with the notice provided in Section 12a of this
 | 
| 3 |  |  Act and said parent or parents have filed a disclaimer of  | 
| 4 |  |  paternity as
therein provided or have failed to file such  | 
| 5 |  |  declaration of paternity or a
request for notice as  | 
| 6 |  |  provided in said Section, or (4) the parent is a putative  | 
| 7 |  |  father or legal father of the child who has waived his  | 
| 8 |  |  parental rights by signing a waiver as provided in  | 
| 9 |  |  subsection S of Section 10;
 | 
| 10 |  |   (g) If it is alleged that the child has no living  | 
| 11 |  |  parent, then the name
of the guardian, if any, of such  | 
| 12 |  |  child and the court which appointed such
guardian;
 | 
| 13 |  |   (h) If it is alleged that the child has no living  | 
| 14 |  |  parent and that no
guardian of such child is known to  | 
| 15 |  |  petitioners, then the name of a near
relative, if known,  | 
| 16 |  |  shall be set forth, or an allegation that no near
relative  | 
| 17 |  |  is known and on due inquiry cannot be ascertained by  | 
| 18 |  |  petitioners;
 | 
| 19 |  |   (i) The name to be given the child or adult;
 | 
| 20 |  |   (j) That the person or agency, having authority to  | 
| 21 |  |  consent under Section
8 of this Act, has consented, or has  | 
| 22 |  |  indicated willingness to consent, to
the adoption of the  | 
| 23 |  |  child by the petitioners, or that the person having
 | 
| 24 |  |  authority to consent is an unfit person and the ground  | 
| 25 |  |  therefor, or that no
consent is required under paragraph  | 
| 26 |  |  (f) of Section 8 of this Act;
 | 
     | 
 |  | HB3079 Engrossed | - 36 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |   (k) Whatever orders, judgments or decrees have  | 
| 2 |  |  heretofore been entered
by any court affecting (1) adoption  | 
| 3 |  |  or custody of the child, or (2) the
adoptive, custodial or  | 
| 4 |  |  parental rights of either petitioner, including the
prior  | 
| 5 |  |  denial of any petition for adoption pertaining to such  | 
| 6 |  |  child, or to
the petitioners, or either of them.
 | 
| 7 |  |  C. A petition to adopt a related child shall include the  | 
| 8 |  | information
specified in sub-paragraphs (a), (b), (d), (e),  | 
| 9 |  | (f), (i) and (k) of
paragraph B and a petition to adopt an  | 
| 10 |  | adult shall contain the information
required by sub-paragraphs  | 
| 11 |  | (a), (b) and (i) of paragraph B in addition to
the name, place,  | 
| 12 |  | date of birth and sex of such adult.
 | 
| 13 |  |  D. The petition shall be verified by the petitioners.
 | 
| 14 |  |  E. Upon the filing of the petition the petitioners shall  | 
| 15 |  | furnish the
Clerk of the Court in which the petition is pending  | 
| 16 |  | such information not
contained in such petition as shall be  | 
| 17 |  | necessary to enable the Clerk of
such Court to complete a  | 
| 18 |  | certificate of adoption as hereinafter provided.
 | 
| 19 |  |  F. A petition for standby adoption shall conform to the  | 
| 20 |  | requirements of
this Act with respect to petition contents,  | 
| 21 |  | verification, and filing. The
petition for standby adoption  | 
| 22 |  | shall also state the facts concerning the consent
of the  | 
| 23 |  | child's parent to the standby adoption. A petition for
standby  | 
| 24 |  | adoption shall include the information in paragraph B if the  | 
| 25 |  | petitioner
seeks to adopt a child other than a related child. A  | 
| 26 |  | petition
for standby adoption shall include the information in  | 
     | 
 |  | HB3079 Engrossed | - 37 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | paragraph C if the
petitioner seeks to adopt a related child or  | 
| 2 |  | adult.
 | 
| 3 |  |  G. A petition for adoption to re-adopt a child after an  | 
| 4 |  | intercountry adoption shall include the information specified  | 
| 5 |  | in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of  | 
| 6 |  | paragraph B.  | 
| 7 |  | (Source: P.A. 97-493, eff. 8-22-11.)
 | 
| 8 |  |  (750 ILCS 50/13) (from Ch. 40, par. 1516)
 | 
| 9 |  |  Sec. 13. Interim order. As soon as practicable after the  | 
| 10 |  | filing of a
petition for adoption the court shall hold a  | 
| 11 |  | hearing for the following
purposes:
 | 
| 12 |  |  A. In other than an adoption of a related child or an  | 
| 13 |  | adoption through
an agency, or of an adult:
 | 
| 14 |  |   (a) To determine the validity of the consent, provided  | 
| 15 |  |  that the
execution of a consent pursuant to this Act shall  | 
| 16 |  |  be prima facie evidence
of its validity, and provided that  | 
| 17 |  |  the validity of a consent shall not be
affected by the  | 
| 18 |  |  omission therefrom of the names of the petitioners or
 | 
| 19 |  |  adopting parents at the time the consent is executed or  | 
| 20 |  |  acknowledged, and
further provided that the execution of a  | 
| 21 |  |  consent prior to the filing of a
petition for adoption  | 
| 22 |  |  shall not affect its validity.
 | 
| 23 |  |   (b) To determine whether there is available suitable  | 
| 24 |  |  temporary custodial
care for a child sought to be adopted.
 | 
| 25 |  |  B. In all cases except standby adoptions and re-adoptions:
 | 
     | 
 |  | HB3079 Engrossed | - 38 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |   (a) The court shall appoint some licensed attorney  | 
| 2 |  |  other than the State's
attorney acting in his or her  | 
| 3 |  |  official capacity as guardian ad
litem to represent a child  | 
| 4 |  |  sought to be adopted. Such guardian ad litem
shall have  | 
| 5 |  |  power to consent to the adoption of the child, if such  | 
| 6 |  |  consent
is required.
 | 
| 7 |  |   (b) The court shall appoint a guardian ad litem for all  | 
| 8 |  |  named minors or
defendants who are persons under legal  | 
| 9 |  |  disability, if any.
 | 
| 10 |  |   (c) If the petition alleges a person to be unfit  | 
| 11 |  |  pursuant to the
provisions of subparagraph (p) of paragraph  | 
| 12 |  |  D of Section 1 of this Act,
such person shall be  | 
| 13 |  |  represented by counsel. If such person is indigent
or an  | 
| 14 |  |  appearance has not been entered on his behalf at the time  | 
| 15 |  |  the matter
is set for hearing, the court shall appoint as  | 
| 16 |  |  counsel for him either the
Guardianship and Advocacy  | 
| 17 |  |  Commission, the public defender, or, only if no
attorney  | 
| 18 |  |  from the Guardianship and Advocacy Commission or the public  | 
| 19 |  |  defender
is available, an attorney licensed to practice law  | 
| 20 |  |  in this State.
 | 
| 21 |  |   (d) If it is proved to the satisfaction of the court,  | 
| 22 |  |  after such
investigation as the court deems necessary, that  | 
| 23 |  |  termination of parental
rights and temporary commitment of  | 
| 24 |  |  the child to an agency or to a person
deemed competent by  | 
| 25 |  |  the court, including petitioners, will be for the
welfare  | 
| 26 |  |  of the child, the court may order the child to be so  | 
     | 
 |  | HB3079 Engrossed | - 39 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  committed and
may terminate the parental rights of the  | 
| 2 |  |  parents and declare the child a
ward of the court or, if it  | 
| 3 |  |  is not so proved, the court may enter such
other order as  | 
| 4 |  |  it shall deem necessary and advisable.
 | 
| 5 |  |   (e) Before an interim custody order is granted under  | 
| 6 |  |  this
Section,
service of
summons shall be had upon the  | 
| 7 |  |  parent or parents whose rights have not been
terminated,  | 
| 8 |  |  except as provided in subsection (f). Reasonable notice and
 | 
| 9 |  |  opportunity to be heard shall be given to
the
parent or  | 
| 10 |  |  parents after service of summons when the address of the  | 
| 11 |  |  parent or
parents is available. The party seeking an  | 
| 12 |  |  interim custody order shall make
all reasonable efforts to  | 
| 13 |  |  locate the parent or parents of the child or children
they  | 
| 14 |  |  are seeking to adopt and to notify the parent or parents of  | 
| 15 |  |  the party's
request for an interim custody order pursuant  | 
| 16 |  |  to this Section.
 | 
| 17 |  |   (f) An interim custody order may be granted without  | 
| 18 |  |  notice upon
presentation to the court of a written  | 
| 19 |  |  petition, accompanied by an affidavit,
stating that
there  | 
| 20 |  |  is an immediate danger to the child and that irreparable  | 
| 21 |  |  harm will result
to the child if notice is given to the  | 
| 22 |  |  parent or parents or legal guardian.
Upon making a finding  | 
| 23 |  |  that there is an immediate danger to the child if
service  | 
| 24 |  |  of process is had upon and notice of hearing is given to  | 
| 25 |  |  the parent or
parents or
legal guardian prior to the entry  | 
| 26 |  |  of an order granting temporary custody to
someone other  | 
     | 
 |  | HB3079 Engrossed | - 40 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  than a parent or legal guardian, the court may enter an  | 
| 2 |  |  order of
temporary custody which shall expire not more than  | 
| 3 |  |  10 days after its entry.
Every ex parte custody order  | 
| 4 |  |  granted without notice shall state the injury
which the  | 
| 5 |  |  court sought to avoid by granting the order, the  | 
| 6 |  |  irreparable injury
that would have occurred had notice been  | 
| 7 |  |  given, and the reason the order was
granted without notice.
 | 
| 8 |  |  The matter shall be set down for full hearing before the  | 
| 9 |  |  expiration of the ex
parte order and will be heard after  | 
| 10 |  |  service of summons is had upon and notice
of hearing is  | 
| 11 |  |  given to the parent or parents or legal guardian.
At the  | 
| 12 |  |  hearing the burden of proof shall be upon the party seeking  | 
| 13 |  |  to extend
the interim custody order to show that the order  | 
| 14 |  |  was properly granted without
notice and that custody should  | 
| 15 |  |  remain with the party seeking to adopt during
the pendency  | 
| 16 |  |  of the adoption proceeding. If the interim custody order is
 | 
| 17 |  |  extended, the reasons for granting the extension shall be  | 
| 18 |  |  stated in the
order.
 | 
| 19 |  |  C. In the case of a child born outside the United States or  | 
| 20 |  | a
territory thereof, if the petitioners have previously been  | 
| 21 |  | appointed
guardians of such child by a court of competent  | 
| 22 |  | jurisdiction in a country
other than the United States or a  | 
| 23 |  | territory thereof, the court may order
that the petitioners  | 
| 24 |  | continue as guardians of such child.
 | 
| 25 |  |  D. In standby adoption cases:
 | 
| 26 |  |   (a) The court shall appoint a licensed attorney other  | 
     | 
 |  | HB3079 Engrossed | - 41 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |  than the State's
Attorney
acting in his or her official  | 
| 2 |  |  capacity as guardian ad litem to represent a
child sought  | 
| 3 |  |  to be
adopted. The guardian ad litem shall have power to  | 
| 4 |  |  consent to the adoption of
the child,
if consent is  | 
| 5 |  |  required.
 | 
| 6 |  |   (b) The court shall appoint a guardian ad litem for all  | 
| 7 |  |  named minors or
defendants
who are persons under legal  | 
| 8 |  |  disability, if any.
 | 
| 9 |  |   (c) The court lacks jurisdiction to proceed on the  | 
| 10 |  |  petition for standby
adoption if the child has a living  | 
| 11 |  |  parent, adoptive parent, or adjudicated
parent whose  | 
| 12 |  |  rights have not been terminated and whose whereabouts are  | 
| 13 |  |  known,
unless the parent consents to the standby adoption  | 
| 14 |  |  or, after
receiving notice of the hearing on the standby  | 
| 15 |  |  adoption petition, fails to
object to the appointment of a  | 
| 16 |  |  standby adoptive parent at the
hearing on the petition.
 | 
| 17 |  |   (d) The court shall investigate as needed for the  | 
| 18 |  |  welfare of the child and
shall
determine whether the  | 
| 19 |  |  petitioner or petitioners shall be permitted to adopt.
 | 
| 20 |  | (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,  | 
| 21 |  | eff.
1-1-00.)
 | 
| 22 |  |  (750 ILCS 50/18.9 new) | 
| 23 |  |  Sec. 18.9. Post-placement and post-adoption support  | 
| 24 |  | services. | 
| 25 |  |  (a) It is the public policy of this State to find  | 
     | 
 |  | HB3079 Engrossed | - 42 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | permanency for children through adoption and to prevent  | 
| 2 |  | placement disruption, adoption dissolution, and secondary  | 
| 3 |  | placement. Access to post-placement and post-adoption support  | 
| 4 |  | services to provide support and resources for wards of the  | 
| 5 |  | State, foster families, and adoptive families is essential to  | 
| 6 |  | promote permanency. Public awareness of post-placement and  | 
| 7 |  | post-adoption services and the ability of families to utilize  | 
| 8 |  | effective services are essential to permanency. | 
| 9 |  |  (b) The Department shall establish and maintain  | 
| 10 |  | post-placement and post-adoption support services. | 
| 11 |  |  (c) The Department shall post information about the  | 
| 12 |  | Department's post-placement and post-adoption support services  | 
| 13 |  | on the Department's website and shall provide the information  | 
| 14 |  | to every licensed child welfare agency, every out of State  | 
| 15 |  | placement agency or entity approved under Section 4.1 of this  | 
| 16 |  | Act, and any entity providing adoption support services in the  | 
| 17 |  | Illinois courts. The Department's post-placement and  | 
| 18 |  | post-adoption support services shall be referenced in  | 
| 19 |  | information regarding adoptive parents' rights and  | 
| 20 |  | responsibilities that the Department publishes and provides to  | 
| 21 |  | adoptive parents under this Act. The Department shall establish  | 
| 22 |  | and maintain a toll-free number to advise the public about its  | 
| 23 |  | post-placement and post-adoption support services and post the  | 
| 24 |  | number on its website. | 
| 25 |  |  (d) Every licensed child welfare agency, every entity  | 
| 26 |  | approved under Section 4.1 of this Act, and any entity  | 
     | 
 |  | HB3079 Engrossed | - 43 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  | providing adoption support services in the Illinois courts  | 
| 2 |  | shall provide the Department's website address and link to the  | 
| 3 |  | Department's post-placement and post-adoption services  | 
| 4 |  | information set forth in subsection (c) of this Section,  | 
| 5 |  | including the Department's toll-free number, to every adoptive  | 
| 6 |  | parent with whom they work in Illinois. This information shall  | 
| 7 |  | be provided prior to placement. | 
| 8 |  |  (e) Beginning one year after the effective date of this  | 
| 9 |  | amendatory Act of the 99th General Assembly, the Department  | 
| 10 |  | shall report annually to the General Assembly on January 15 the  | 
| 11 |  | following information for the preceding year: | 
| 12 |  |   (1) a description of all post-placement and  | 
| 13 |  |  post-adoption support services the Department provides; | 
| 14 |  |   (2) without identifying the names of the recipients of  | 
| 15 |  |  the services, the number of foster parents, prospective  | 
| 16 |  |  adoptive parents, and adoptive families in Illinois who  | 
| 17 |  |  have received the Department's post-placement and  | 
| 18 |  |  post-adoption support services and the type of services  | 
| 19 |  |  provided; | 
| 20 |  |   (3) the number of families who have contacted the  | 
| 21 |  |  Department about its post-placement and post-adoption  | 
| 22 |  |  services due to a potential placement disruption, adoption  | 
| 23 |  |  dissolution, secondary placement, or unregulated  | 
| 24 |  |  placement, but for whom the Department declined to provide  | 
| 25 |  |  post-placement and post-adoption support services and the  | 
| 26 |  |  reasons that services were denied; and | 
     | 
 |  | HB3079 Engrossed | - 44 - | LRB099 08115 HEP 28264 b |  
  | 
| 
 | 
| 1 |  |   (4) the number of placement disruptions, adoption  | 
| 2 |  |  dissolutions, unregulated placements, and secondary  | 
| 3 |  |  placements, and for each one: | 
| 4 |  |    (A) the type of placement or adoption, including  | 
| 5 |  |  whether the child who was the subject of the placement  | 
| 6 |  |  was a ward of the Department, and if the child was not  | 
| 7 |  |  a ward, whether the adoption was a private, agency,  | 
| 8 |  |  agency-assisted, interstate, or intercountry adoption; | 
| 9 |  |    (B) if the placement or adoption was intercountry,  | 
| 10 |  |  the country of birth of the child; | 
| 11 |  |    (C) whether the child who was the subject of the  | 
| 12 |  |  placement disruption, adoption dissolution,  | 
| 13 |  |  unregulated placement, or secondary placement entered  | 
| 14 |  |  State custody; | 
| 15 |  |    (D) the length of the placement prior to the  | 
| 16 |  |  placement disruption, adoption dissolution,  | 
| 17 |  |  unregulated placement, or secondary placement; | 
| 18 |  |    (E) the age of the child at the time of the  | 
| 19 |  |  placement disruption, adoption dissolution,  | 
| 20 |  |  unregulated placement, or secondary placement; | 
| 21 |  |    (F) the reason, if known, for the placement  | 
| 22 |  |  disruption, adoption dissolution, unregulated  | 
| 23 |  |  placement, or secondary placement; and | 
| 24 |  |    (G) if a licensed child welfare agency or any  | 
| 25 |  |  approved out of State placing entity participated in  | 
| 26 |  |  the initial placement, and, if applicable, the name of  |