| ||||
| Public Act 101-0155 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Adoption Act is amended by changing Sections | ||||
1 and 18.9 as follows:
| ||||
(750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||
Sec. 1. Definitions. When used in this Act, unless the | ||||
context
otherwise requires:
| ||||
A. "Child" means a person under legal age subject to | ||||
adoption under
this Act.
| ||||
B. "Related child" means a child subject to adoption where | ||||
either or both of
the adopting parents stands in any of the | ||||
following relationships to the child
by blood, marriage, | ||||
adoption, or civil union: parent, grand-parent, | ||||
great-grandparent, brother, sister, step-parent,
| ||||
step-grandparent, step-brother, step-sister, uncle, aunt, | ||||
great-uncle,
great-aunt, first cousin, or second cousin. A | ||||
person is related to the child as a first cousin or second | ||||
cousin if they are both related to the same ancestor as either | ||||
grandchild or great-grandchild. A child whose parent has | ||||
executed
a consent to adoption, a surrender, or a waiver | ||||
pursuant to Section 10 of this Act or whose parent has signed a | ||||
denial of paternity pursuant to Section 12 of the Vital Records | ||||
Act or Section 12a of this Act, or whose parent has had his or | ||
her parental rights
terminated, is not a related child to that | ||
person, unless (1) the consent is
determined to be void or is | ||
void pursuant to subsection O of Section 10 of this Act;
or (2) | ||
the parent of the child executed a consent to adoption by a | ||
specified person or persons pursuant to subsection A-1 of | ||
Section 10 of this Act and a court of competent jurisdiction | ||
finds that such consent is void; or (3) the order terminating | ||
the parental rights of the parent is vacated by a court of | ||
competent jurisdiction.
| ||
C. "Agency" for the purpose of this Act means a public | ||
child welfare agency
or a licensed child welfare agency.
| ||
D. "Unfit person" means any person whom the court shall | ||
find to be unfit
to have a child, without regard to the | ||
likelihood that the child will be
placed for adoption. The | ||
grounds of unfitness are any one or more
of the following, | ||
except that a person shall not be considered an unfit
person | ||
for the sole reason that the person has relinquished a child in
| ||
accordance with the Abandoned Newborn Infant Protection Act:
| ||
(a) Abandonment of the child.
| ||
(a-1) Abandonment of a newborn infant in a hospital.
| ||
(a-2) Abandonment of a newborn infant in any setting | ||
where the evidence
suggests that the parent intended to | ||
relinquish his or her parental rights.
| ||
(b) Failure to maintain a reasonable degree of | ||
interest, concern or
responsibility as to the child's | ||
welfare.
| ||
(c) Desertion of the child for more than 3 months next | ||
preceding the
commencement of the Adoption proceeding.
| ||
(d) Substantial neglect
of the
child if continuous or | ||
repeated.
| ||
(d-1) Substantial neglect, if continuous or repeated, | ||
of any child
residing in the household which resulted in | ||
the death of that child.
| ||
(e) Extreme or repeated cruelty to the child.
| ||
(f) There is a rebuttable presumption, which can be | ||
overcome only by clear and convincing evidence, that a | ||
parent is unfit if:
| ||
(1) Two or more findings of physical abuse have | ||
been entered regarding any children under Section 2-21 | ||
of the Juvenile Court Act
of 1987, the most recent of | ||
which was determined by the juvenile court
hearing the | ||
matter to be supported by clear and convincing | ||
evidence; or | ||
(2) The parent has been convicted or found not | ||
guilty by reason of insanity and the conviction or | ||
finding resulted from the death of any child by | ||
physical abuse; or
| ||
(3) There is a finding of physical child abuse | ||
resulting from the death of any
child under Section | ||
2-21 of the
Juvenile Court Act of 1987. | ||
No conviction or finding of delinquency pursuant to | ||
Article V of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (f).
| ||
(g) Failure to protect the child from conditions within | ||
his environment
injurious to the child's welfare.
| ||
(h) Other neglect of, or misconduct toward the child; | ||
provided that in
making a finding of unfitness the court | ||
hearing the adoption proceeding
shall not be bound by any | ||
previous finding, order or judgment affecting
or | ||
determining the rights of the parents toward the child | ||
sought to be adopted
in any other proceeding except such | ||
proceedings terminating parental rights
as shall be had | ||
under either this Act, the Juvenile Court Act or
the | ||
Juvenile Court Act of 1987.
| ||
(i) Depravity. Conviction of any one of the following
| ||
crimes shall create a presumption that a parent is depraved | ||
which can be
overcome only by clear and convincing | ||
evidence:
(1) first degree murder in violation of paragraph | ||
1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or conviction
of | ||
second degree murder in violation of subsection (a) of | ||
Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 of a parent of the child to be adopted; (2)
| ||
first degree murder or second degree murder of any child in
| ||
violation of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; (3)
attempt or conspiracy to commit first degree | ||
murder or second degree murder
of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||
solicitation to commit murder of any child, solicitation to
| ||
commit murder of any child for hire, or solicitation to | ||
commit second
degree murder of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||
predatory criminal sexual assault of a child in violation | ||
of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012; (6) heinous battery of any | ||
child in violation of the Criminal Code of 1961; or (7) | ||
aggravated battery of any child in violation of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if the parent
has been criminally convicted of at | ||
least 3 felonies under the laws of this
State or any other | ||
state, or under federal law, or the criminal laws of any
| ||
United States territory; and at least
one of these
| ||
convictions took place within 5 years of the filing of the | ||
petition or motion
seeking termination of parental rights.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if that
parent
has
been criminally convicted of | ||
either first or second degree murder of any person
as | ||
defined in the Criminal Code of 1961 or the Criminal Code | ||
of 2012 within 10 years of the filing date of
the petition | ||
or motion to terminate parental rights. | ||
No conviction or finding of delinquency pursuant to | ||
Article 5 of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (i).
| ||
(j) Open and notorious adultery or fornication.
| ||
(j-1) (Blank).
| ||
(k) Habitual drunkenness or addiction to drugs, other | ||
than those
prescribed by a physician, for at least one year | ||
immediately
prior to the commencement of the unfitness | ||
proceeding.
| ||
There is a rebuttable presumption that a parent is | ||
unfit under this
subsection
with respect to any child to | ||
which that parent gives birth where there is a
confirmed
| ||
test result that at birth the child's blood, urine, or | ||
meconium contained any
amount of a controlled substance as | ||
defined in subsection (f) of Section 102 of
the Illinois | ||
Controlled Substances Act or metabolites of such | ||
substances, the
presence of which in the newborn infant was | ||
not the result of medical treatment
administered to the | ||
mother or the newborn infant; and the biological mother of
| ||
this child is the biological mother of at least one other | ||
child who was
adjudicated a neglected minor under | ||
subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||
1987.
| ||
(l) Failure to demonstrate a reasonable degree of | ||
interest, concern or
responsibility as to the welfare of a | ||
new born child during the first 30
days after its birth.
| ||
(m) Failure by a parent (i) to make reasonable efforts | ||
to correct the
conditions that were the basis for the | ||
removal of the child from the
parent during any 9-month | ||
period following the adjudication of neglected or abused | ||
minor under Section 2-3 of the Juvenile Court Act of 1987 | ||
or dependent minor under Section 2-4 of that Act, or (ii) | ||
to make reasonable progress
toward the return of the
child | ||
to the parent during any 9-month period following the | ||
adjudication of
neglected or abused minor under Section 2-3 | ||
of the Juvenile Court
Act of 1987 or dependent minor under | ||
Section 2-4 of that Act.
If a service plan has been | ||
established as
required under
Section 8.2 of the Abused and | ||
Neglected Child Reporting Act to correct the
conditions | ||
that were the basis for the removal of the child from the | ||
parent
and if those services were available,
then, for | ||
purposes of this Act, "failure to make reasonable progress | ||
toward the
return of the child to the parent" includes the | ||
parent's failure to substantially fulfill his or her | ||
obligations
under
the service plan and correct the | ||
conditions that brought the child into care
during any | ||
9-month period
following the adjudication under Section | ||
2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||
Notwithstanding any other provision, when a petition or | ||
motion seeks to terminate parental rights on the basis of | ||
item (ii) of this subsection (m), the petitioner shall file | ||
with the court and serve on the parties a pleading that | ||
specifies the 9-month period or periods relied on. The | ||
pleading shall be filed and served on the parties no later | ||
than 3 weeks before the date set by the court for closure | ||
of discovery, and the allegations in the pleading shall be | ||
treated as incorporated into the petition or motion. | ||
Failure of a respondent to file a written denial of the | ||
allegations in the pleading shall not be treated as an | ||
admission that the allegations are true.
| ||
(m-1) (Blank).
| ||
(n) Evidence of intent to forgo his or her parental | ||
rights,
whether or
not the child is a ward of the court, | ||
(1) as manifested
by his or her failure for a period of 12 | ||
months: (i) to visit the child,
(ii) to communicate with | ||
the child or agency, although able to do so and
not | ||
prevented from doing so by an agency or by court order, or | ||
(iii) to
maintain contact with or plan for the future of | ||
the child, although physically
able to do so, or (2) as | ||
manifested by the father's failure, where he
and the mother | ||
of the child were unmarried to each other at the time of | ||
the
child's birth, (i) to commence legal proceedings to | ||
establish his paternity
under the Illinois Parentage Act of | ||
1984, the Illinois Parentage Act of 2015, or the law of the | ||
jurisdiction of
the child's birth within 30 days of being | ||
informed, pursuant to Section 12a
of this Act, that he is | ||
the father or the likely father of the child or,
after | ||
being so informed where the child is not yet born, within | ||
30 days of
the child's birth, or (ii) to make a good faith | ||
effort to pay a reasonable
amount of the expenses related | ||
to the birth of the child and to provide a
reasonable | ||
amount for the financial support of the child, the court to
| ||
consider in its determination all relevant circumstances, | ||
including the
financial condition of both parents; | ||
provided that the ground for
termination provided in this | ||
subparagraph (n)(2)(ii) shall only be
available where the | ||
petition is brought by the mother or the husband of
the | ||
mother.
| ||
Contact or communication by a parent with his or her | ||
child that does not
demonstrate affection and concern does | ||
not constitute reasonable contact
and planning under | ||
subdivision (n). In the absence of evidence to the
| ||
contrary, the ability to visit, communicate, maintain | ||
contact, pay
expenses and plan for the future shall be | ||
presumed. The subjective intent
of the parent, whether | ||
expressed or otherwise, unsupported by evidence of
the | ||
foregoing parental acts manifesting that intent, shall not | ||
preclude a
determination that the parent has intended to | ||
forgo his or her
parental
rights. In making this | ||
determination, the court may consider but shall not
require | ||
a showing of diligent efforts by an authorized agency to | ||
encourage
the parent to perform the acts specified in | ||
subdivision (n).
| ||
It shall be an affirmative defense to any allegation | ||
under paragraph
(2) of this subsection that the father's | ||
failure was due to circumstances
beyond his control or to | ||
impediments created by the mother or any other
person | ||
having legal custody. Proof of that fact need only be by a
| ||
preponderance of the evidence.
| ||
(o) Repeated or continuous failure by the parents, | ||
although physically
and financially able, to provide the | ||
child with adequate food, clothing,
or shelter.
| ||
(p) Inability to discharge parental responsibilities | ||
supported by
competent evidence from a psychiatrist, | ||
licensed clinical social
worker, or clinical psychologist | ||
of mental
impairment, mental illness or an intellectual | ||
disability as defined in Section
1-116 of the Mental Health | ||
and Developmental Disabilities Code, or
developmental | ||
disability as defined in Section 1-106 of that Code, and
| ||
there is sufficient justification to believe that the | ||
inability to
discharge parental responsibilities shall | ||
extend beyond a reasonable
time period. However, this | ||
subdivision (p) shall not be construed so as to
permit a | ||
licensed clinical social worker to conduct any medical | ||
diagnosis to
determine mental illness or mental | ||
impairment.
| ||
(q) (Blank).
| ||
(r) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated as a
result of | ||
criminal conviction at the time the petition or motion for
| ||
termination of parental rights is filed, prior to | ||
incarceration the parent had
little or no contact with the | ||
child or provided little or no support for the
child, and | ||
the parent's incarceration will prevent the parent from | ||
discharging
his or her parental responsibilities for the | ||
child for a period in excess of 2
years after the filing of | ||
the petition or motion for termination of parental
rights.
| ||
(s) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated at the
time the | ||
petition or motion for termination of parental rights is | ||
filed, the
parent has been repeatedly incarcerated as a | ||
result of criminal convictions,
and the parent's repeated | ||
incarceration has prevented the parent from
discharging | ||
his or her parental responsibilities for the child.
| ||
(t) A finding that at birth the child's blood,
urine, | ||
or meconium contained any amount of a controlled substance | ||
as
defined in subsection (f) of Section 102 of the Illinois | ||
Controlled Substances
Act, or a metabolite of a controlled | ||
substance, with the exception of
controlled substances or | ||
metabolites of such substances, the presence of which
in | ||
the newborn infant was the result of medical treatment | ||
administered to the
mother or the newborn infant, and that | ||
the biological mother of this child is
the biological | ||
mother of at least one other child who was adjudicated a
| ||
neglected minor under subsection (c) of Section 2-3 of the | ||
Juvenile Court Act
of 1987, after which the biological | ||
mother had the opportunity to enroll in
and participate in | ||
a clinically appropriate substance abuse
counseling, | ||
treatment, and rehabilitation program.
| ||
E. "Parent" means a person who is the legal mother or legal | ||
father of the child as defined in subsection X or Y of this | ||
Section. For the purpose of this Act, a parent who has executed | ||
a consent to adoption, a surrender, or a waiver pursuant to | ||
Section 10 of this Act, who has signed a Denial of Paternity | ||
pursuant to Section 12 of the Vital Records Act or Section 12a | ||
of this Act, or whose parental rights have been terminated by a | ||
court, is not a parent of the child who was the subject of the | ||
consent, surrender, waiver, or denial unless (1) the consent is | ||
void pursuant to subsection O of Section 10 of this Act; or (2) | ||
the person executed a consent to adoption by a specified person | ||
or persons pursuant to subsection A-1 of Section 10 of this Act | ||
and a court of competent jurisdiction finds that the consent is | ||
void; or (3) the order terminating the parental rights of the | ||
person is vacated by a court of competent jurisdiction.
| ||
F. A person is available for adoption when the person is:
| ||
(a) a child who has been surrendered for adoption to an | ||
agency and to
whose adoption the agency has thereafter | ||
consented;
| ||
(b) a child to whose adoption a person authorized by | ||
law, other than his
parents, has consented, or to whose | ||
adoption no consent is required pursuant
to Section 8 of | ||
this Act;
| ||
(c) a child who is in the custody of persons who intend | ||
to adopt him
through placement made by his parents;
| ||
(c-1) a child for whom a parent has signed a specific | ||
consent pursuant
to subsection O of Section 10;
| ||
(d) an adult who meets the conditions set forth in | ||
Section 3 of this
Act; or
| ||
(e) a child who has been relinquished as defined in | ||
Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||
A person who would otherwise be available for adoption | ||
shall not be
deemed unavailable for adoption solely by reason | ||
of his or her death.
| ||
G. The singular includes the plural and the plural includes
| ||
the singular and the "male" includes the "female", as the | ||
context of this
Act may require.
| ||
H. (Blank).
| ||
I. "Habitual residence" has the meaning ascribed to it in | ||
the federal Intercountry Adoption Act of 2000 and regulations | ||
promulgated thereunder.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
| ||
K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted by | ||
persons who are habitual residents of the United States, or the | ||
child is a habitual resident of the United States who is | ||
adopted by persons who are habitual residents of a country | ||
other than the United States.
| ||
L. (Blank).
| ||
M. "Interstate Compact on the Placement of Children" is a | ||
law enacted by all
states and certain territories for the | ||
purpose of establishing uniform procedures for handling
the | ||
interstate placement of children in foster homes, adoptive | ||
homes, or
other child care facilities.
| ||
N. (Blank).
| ||
O. "Preadoption requirements" means any conditions or | ||
standards established by the laws or administrative rules of | ||
this State that must be met by a prospective adoptive parent
| ||
prior to the placement of a child in an adoptive home.
| ||
P. "Abused child" means a child whose parent or immediate | ||
family member,
or any person responsible for the child's | ||
welfare, or any individual
residing in the same home as the | ||
child, or a paramour of the child's parent:
| ||
(a) inflicts, causes to be inflicted, or allows to be | ||
inflicted upon
the child physical injury, by other than | ||
accidental means, that causes
death, disfigurement, | ||
impairment of physical or emotional health, or loss
or | ||
impairment of any bodily function;
| ||
(b) creates a substantial risk of physical injury to | ||
the child by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
physical or emotional health, or loss or
impairment of any | ||
bodily function;
| ||
(c) commits or allows to be committed any sex offense | ||
against the child,
as sex offenses are defined in the | ||
Criminal Code of 2012
and extending those definitions of | ||
sex offenses to include children under
18 years of age;
| ||
(d) commits or allows to be committed an act or acts of | ||
torture upon
the child; or
| ||
(e) inflicts excessive corporal punishment.
| ||
Q. "Neglected child" means any child whose parent or other | ||
person
responsible for the child's welfare withholds or denies | ||
nourishment or
medically indicated treatment including food or | ||
care denied solely on the
basis of the present or anticipated | ||
mental or physical impairment as determined
by a physician | ||
acting alone or in consultation with other physicians or
| ||
otherwise does not provide the proper or necessary support, | ||
education
as required by law, or medical or other remedial care | ||
recognized under State
law as necessary for a child's | ||
well-being, or other care necessary for his
or her well-being, | ||
including adequate food, clothing and shelter; or who
is | ||
abandoned by his or her parents or other person responsible for | ||
the child's
welfare.
| ||
A child shall not be considered neglected or abused for the
| ||
sole reason that the child's parent or other person responsible | ||
for his
or her welfare depends upon spiritual means through | ||
prayer alone for the
treatment or cure of disease or remedial | ||
care as provided under Section 4
of the Abused and Neglected | ||
Child Reporting Act.
A child shall not be considered neglected | ||
or abused for the sole reason that
the child's parent or other | ||
person responsible for the child's welfare failed
to vaccinate, | ||
delayed vaccination, or refused vaccination for the child
due | ||
to a waiver on religious or medical grounds as permitted by | ||
law.
| ||
R. "Putative father" means a man who may be a child's | ||
father, but who (1) is
not married to the child's mother on or | ||
before the date that the child was or
is to be born and (2) has | ||
not established paternity of the child in a court
proceeding | ||
before the filing of a petition for the adoption of the child. | ||
The
term includes a male who is less than 18 years of age. | ||
"Putative father" does
not mean a man who is the child's father | ||
as a result of criminal sexual abuse
or assault as defined | ||
under Article 11 of the Criminal Code of 2012.
| ||
S. "Standby adoption" means an adoption in which a parent
| ||
consents to custody and termination of parental rights to | ||
become
effective upon the occurrence of a future event, which | ||
is either the death of
the
parent or the request of the parent
| ||
for the entry of a final judgment of adoption.
| ||
T. (Blank).
| ||
T-5. "Biological parent", "birth parent", or "natural | ||
parent" of a child are interchangeable terms that mean a person | ||
who is biologically or genetically related to that child as a | ||
parent. | ||
U. "Interstate adoption" means the placement of a minor | ||
child with a prospective adoptive parent for the purpose of | ||
pursuing an adoption for that child that is subject to the | ||
provisions of the Interstate Compact on Placement of Children. | ||
V. (Blank). | ||
W. (Blank). | ||
X. "Legal father" of a child means a man who is recognized | ||
as or presumed to be that child's father: | ||
(1) because of his marriage to or civil union with the | ||
child's parent at the time of the child's birth or within | ||
300 days prior to that child's birth, unless he signed a | ||
denial of paternity pursuant to Section 12 of the Vital | ||
Records Act or a waiver pursuant to Section 10 of this Act; | ||
or | ||
(2) because his paternity of the child has been | ||
established pursuant to the Illinois Parentage Act, the | ||
Illinois Parentage Act of 1984, or the Gestational | ||
Surrogacy Act; or | ||
(3) because he is listed as the child's father or | ||
parent on the child's birth certificate, unless he is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child or unless he | ||
rescinds his acknowledgment of paternity pursuant to the | ||
Illinois Parentage Act of 1984; or | ||
(4) because his paternity or adoption of the child has | ||
been established by a court of competent jurisdiction. | ||
The definition in this subsection X shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Y. "Legal mother" of a child means a woman who is | ||
recognized as or presumed to be that child's mother: | ||
(1) because she gave birth to the child except as | ||
provided in the Gestational Surrogacy Act; or | ||
(2) because her maternity of the child has been | ||
established pursuant to the Illinois Parentage Act of 1984 | ||
or the Gestational Surrogacy Act; or | ||
(3) because her maternity or adoption of the child has | ||
been established by a court of competent jurisdiction; or | ||
(4) because of her marriage to or civil union with the | ||
child's other parent at the time of the child's birth or | ||
within 300 days prior to the time of birth; or | ||
(5) because she is listed as the child's mother or | ||
parent on the child's birth certificate unless she is | ||
otherwise determined by an administrative or judicial | ||
proceeding not to be the parent of the child. | ||
The definition in this subsection Y shall not be construed | ||
to provide greater or lesser rights as to the number of parents | ||
who can be named on a final judgment order of adoption or | ||
Illinois birth certificate that otherwise exist under Illinois | ||
law. | ||
Z. "Department" means the Illinois Department of Children | ||
and Family Services. | ||
AA. "Placement disruption" means a circumstance where the | ||
child is removed from an adoptive placement before the adoption | ||
is finalized. | ||
BB. "Secondary placement" means a placement, including but | ||
not limited to the placement of a youth in care as defined in | ||
Section 4d of the Children and Family Services Act, that occurs | ||
after a placement disruption or an adoption dissolution. | ||
"Secondary placement" does not mean secondary placements | ||
arising due to the death of the adoptive parent of the child. | ||
CC. "Adoption dissolution" means a circumstance where the | ||
child is removed from an adoptive placement after the adoption | ||
is finalized. | ||
DD. "Unregulated placement" means the secondary placement | ||
of a child that occurs without the oversight of the courts, the | ||
Department, or a licensed child welfare agency. | ||
EE. "Post-placement and post-adoption support services" | ||
means support services for placed or adopted children and | ||
families that include, but are not limited to, mental health | ||
treatment, including counseling and other support services for | ||
emotional, behavioral, or developmental needs, and treatment | ||
for substance abuse. | ||
(Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | ||
eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
| ||
(750 ILCS 50/18.9) | ||
Sec. 18.9. Post-placement and post-adoption support | ||
services. | ||
(a) It is the public policy of this State to find | ||
permanency for children through adoption and to prevent | ||
placement disruption, adoption dissolution, and secondary | ||
placement. Public awareness and access Access to timely, | ||
effective post-placement and post-adoption support services to | ||
provide support and resources for children and youth in care as | ||
defined in Section 4d of the Children and Family Services Act, | ||
foster families, and adoptive families is essential to promote | ||
permanency. Public awareness of post-placement and | ||
post-adoption services and the ability of families to utilize | ||
effective services are essential to permanency. | ||
(b) The Department shall establish and maintain accessible | ||
post-placement and post-adoption support services for all | ||
children adopted pursuant to this Act, all children residing in | ||
this State adopted pursuant to the Interstate Compact on the | ||
Placement of Children, all children residing in this State | ||
adopted pursuant to the Intercountry Adoption Act of 2000, and | ||
all former youth in care, as defined by the Children and Family | ||
Services Act, who have been placed in a guardianship. | ||
(b-5) The Department shall establish and maintain a | ||
toll-free number to respond to requests from the public about | ||
its post-placement and post-adoption support services under | ||
subsection (b) and shall staff the toll-free number so that | ||
calls are answered on a timely basis, but in no event more than | ||
24 hours from the receipt of a request. | ||
(c) The Department shall publicize post information about | ||
the Department's post-placement and post-adoption support | ||
services pursuant to subsection (b) and the toll-free number | ||
pursuant to subsection (b-5) as follows: | ||
(1) it shall post information on the Department's | ||
website; and | ||
(2) it shall provide the information to every licensed | ||
child welfare agency, every out of State placement agency | ||
or entity approved under Section 4.1 of this Act, and any | ||
entity providing adoption support services in the Illinois | ||
courts; . | ||
(3) it The Department's post-placement and | ||
post-adoption support services shall reference such | ||
information be referenced in the information regarding | ||
adoptive parents' rights and responsibilities document | ||
that the Department publishes and that is provided provides | ||
to adoptive parents under this Act and the Child Care Act. | ||
(4) it shall provide the information, including the | ||
Illinois Post Adoption and Guardianship Services booklet, | ||
to prospective adoptive parents and guardians as part of | ||
its adoption and guardianship training and at the time they | ||
are presented with the Permanency Commitment form; and | ||
(5) it shall include, in each annual notification | ||
letter mailed to adoptive parents and guardians, a short, | ||
2-sided flier or news bulletin in plain language that | ||
describes access to post-placement and post-adoption | ||
services, how to access Medicaid and Individual Care Grant | ||
or Family Support Program services, the webpage address to | ||
Illinois' Post Adoption and Guardianship Services booklet, | ||
information on how to request that a copy of the booklet be | ||
mailed, and a sticker or magnet that includes the toll-free | ||
number to access the Department's post-placement and | ||
post-adoption support services. The Department shall | ||
establish and maintain a toll-free number to advise the | ||
public about its post-placement and post-adoption support | ||
services and post the number on its website. | ||
(c-5) The Department shall review and update annually all | ||
information relating to its post-placement and post-adoption | ||
support services, including its Post Adoption and Guardianship | ||
Services booklet, to include updated information on Individual | ||
Care Group or Family Support Program services eligibility and | ||
the post-placement and post-adoption support services that are | ||
available through the Medicaid program or any other State | ||
program for mental health services. The Department and the | ||
Department of Healthcare and Family Services shall coordinate | ||
their efforts in the development of resources described in this | ||
subsection. | ||
(d) Every licensed child welfare agency, every entity | ||
approved under Section 4.1 of this Act, and any entity | ||
providing adoption support services in the Illinois courts | ||
shall provide the Department's website address and link to the | ||
Department's post-placement and post-adoption support services | ||
information set forth in subsection (c) of this Section, | ||
including the Department's toll-free number, to every adoptive | ||
parent, prospective adoptive parent, and guardian with whom | ||
they work in Illinois. This information shall be provided prior | ||
to placement. | ||
(e) Beginning one year after the effective date of this | ||
amendatory Act of the 101st 99th General Assembly, the | ||
Department shall report annually to the General Assembly on | ||
January 15 the following information for the preceding year: | ||
(1) a description of all post-placement and | ||
post-adoption support services the Department provides; | ||
(2) without identifying the names of the recipients of | ||
the services, the number of guardians foster parents, | ||
prospective adoptive parents, and adoptive families in | ||
Illinois who have received the Department's post-placement | ||
and post-adoption support services and the type of services | ||
provided and for each, the length of time between the | ||
initial contact to the Department to request | ||
post-placement and post-adoption support services and the | ||
first receipt of services, and the type of services | ||
received; | ||
(3) the number of families who have contacted the | ||
Department about its post-placement and post-adoption | ||
support services due to a potential placement disruption, | ||
adoption dissolution, secondary placement, or unregulated | ||
placement, but for whom the Department declined to provide | ||
post-placement and post-adoption support services and the | ||
reasons that services were denied; and | ||
(4) the number of placement disruptions, adoption | ||
dissolutions, unregulated placements, and secondary | ||
placements, and for each one: | ||
(A) the type of placement or adoption, including | ||
whether the child who was the subject of the placement | ||
was a youth in care as defined in Section 4d of the | ||
Children and Family Services Act, and if the child was | ||
not a youth in care, whether the adoption was a | ||
private, agency, agency-assisted, interstate, or | ||
intercountry adoption; | ||
(B) if the placement or adoption was intercountry, | ||
the country of birth of the child; | ||
(C) whether the child who was the subject of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement entered | ||
State custody; | ||
(D) the length of the placement prior to the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(E) the age of the child at the time of the | ||
placement disruption, adoption dissolution, | ||
unregulated placement, or secondary placement; | ||
(F) the reason, if known, for the placement | ||
disruption, adoption dissolution, unregulated | ||
placement, or secondary placement; and | ||
(G) if a licensed child welfare agency or any | ||
approved out of State placing entity participated in | ||
the initial placement, and, if applicable, the name of | ||
the agency or approved out of State placing entity; | ||
and . | ||
(5) a description of the coordination between the | ||
Department and the Department of Healthcare and Family | ||
Services to develop resources under this subsection, | ||
including, but not limited to, a description of the goals | ||
of such coordination and whether the goals have been met.
| ||
(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
| ||