[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1164enr HB1164 Enrolled LRB9102474RCks 1 AN ACT in relation to probation officers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Probation and Probation Officers Act is 5 amended by changing Section 10 as follows: 6 (730 ILCS 110/10) (from Ch. 38, par. 204-2) 7 Sec. 10. Before entering upon the duties of his or her 8 office, each probation officer shall take and subscribe to an 9 oath before the Chief Judgecounty clerkof his or her 10 circuit or his or her designeecountyto support the 11 constitution and laws of the United States and of the State 12 of Illinois, and faithfully to perform the duties of his or 13 her office. 14 (Source: P.A. 84-692.) 15 Section 10. The Adoption Act is amended by changing 16 Section 6 as follows: 17 (750 ILCS 50/6) (from Ch. 40, par. 1508) 18 Sec. 6. A. Investigation; all cases. Within 10 days 19 after the filing of a petition for the adoption of a child 20 other than a related child, the court shall appoint a child 21 welfare agency approved by the Department of Children and 22 Family Servicesor a probation officer of the court, or in 23 Cook County the Court Services Division of the Cook County 24 Department of Public Aid, or the Department of Children and 25 Family Services if the court determines that no child welfare 26 agency is available or that the petitioner is financially 27 unable to pay for the investigation, to investigate 28 accurately, fully and promptly, the allegations contained in 29 the petition; the character, reputation, health and general HB1164 Enrolled -2- LRB9102474RCks 1 standing in the community of the petitioners; the religious 2 faith of the petitioners and, if ascertainable, of the child 3 sought to be adopted; and whether the petitioners are proper 4 persons to adopt the child and whether the child is a proper 5 subject of adoption. The investigation required under this 6 Section shall include a criminal background check with a 7 review of fingerprints by State and federal authorities. The 8 criminal background check required by this Section shall 9 include a listing of when, where and by whom the criminal 10 background check was prepared. The criminal background check 11 required by this Section shall not be more than two years 12 old. 13 Neither a clerk of the circuit court nor a judge may 14 require that a criminal background check or fingerprint 15 review be filed with, or at the same time as, an initial 16 petition for adoption. 17 B. Investigation; foreign-born child. In the case of a 18 child born outside the United States or a territory thereof, 19 in addition to the investigation required under subsection 20 (A) of this Section, a post-placement investigation shall be 21 conducted in accordance with the requirements of the Child 22 Care Act of 1969, the Interstate Compact on the Placement of 23 Children, and regulations of the foreign placing agency and 24 the supervising agency. 25 The requirements of a post-placement investigation shall 26 be deemed to have been satisfied if a valid final order or 27 judgment of adoption has been entered by a court of competent 28 jurisdiction in a country other than the United States or a 29 territory thereof with respect to such child and the 30 petitioners. 31 C. Report of investigation. The court shall determine 32 whether the costs of the investigation shall be charged to 33 the petitioners. The information obtained as a result of such 34 investigation shall be presented to the court in a written HB1164 Enrolled -3- LRB9102474RCks 1 report. The results of the criminal background check required 2 under subsection (A) shall be provided to the court for its 3 review. The court may, in its discretion, weigh the 4 significance of the results of the criminal background check 5 against the entirety of the background of the petitioners. 6 The Court, in its discretion, may accept the report of the 7 investigation previously made by a licensed child welfare 8 agency, if made within one year prior to the entry of the 9 judgment. Such report shall be treated as confidential and 10 withheld from inspection unless findings adverse to the 11 petitioners or to the child sought to be adopted are 12 contained therein, and in that event the court shall inform 13 the petitioners of the relevant portions pertaining to the 14 adverse findings. In no event shall any facts set forth in 15 the report be considered at the hearing of the proceeding, 16 unless established by competent evidence. The report shall be 17 filed with the record of the proceeding. If the file 18 relating to the proceeding is not impounded, the report shall 19 be impounded by the clerk of the court and shall be made 20 available for inspection only upon order of the court. 21 D. Related adoption. Such investigation shall not be 22 made when the petition seeks to adopt a related child or an 23 adult unless the court, in its discretion, shall so order. In 24 such an event the court may appoint a person deemed competent 25 by the court. 26 (Source: P.A. 87-1129; 88-148.)