Section 428.85   Confidential Intermediary Council

There shall be established under the Department of Children and Family Services a Confidential Intermediary Advisory Council.  One member shall be an attorney representing the Attorney General's Office appointed by the Attorney General.  One member shall be a currently certified confidential intermediary appointed by the Director of the Department of Children and Family Services.  The Director shall also appoint 5 additional members.  When making those appointments, the Director shall consider advocates for adopted persons, adoptive parents, birth parents, lawyers who represent clients in private adoptions, lawyers specializing in privacy law, and representatives of agencies involved in adoptions.  The Director shall appoint one of the 7 members as the chairperson.  An attorney from the Department of Children and Family Services and the person directly responsible for administering the confidential intermediary program shall serve as ex-officio, non-voting advisors to the Council.  Council members shall serve at the discretion of the Director and shall receive no compensation other than reasonable expenses approved by the Director.  The Council shall meet no less than twice yearly and shall make recommendations to the Director regarding the development of rules, procedures, and forms that will ensure efficient and effective operation of the confidential intermediary process, including:

a)         Standards of certification for confidential intermediaries.

b)         Oversight of methods used to verify that intermediaries are complying with the appropriate laws.

c)         Training for confidential intermediaries, including training with respect to federal and State privacy laws.

d)         The relationship between confidential intermediaries and the court system, including the development of sample orders defining the scope of the intermediaries' access to information.

e)         Any recent violations of policy or procedures by confidential intermediaries and remedial steps, including decertification, to prevent future violations.  [750 ILCS 50/18.3a(f)]

(Source:  Added at 28 Ill. Reg. 15464, effective November 30, 2004)