[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] |
92_SB0840eng SB840 Engrossed LRB9205122RCcd 1 AN ACT concerning minors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Section 2-28 as follows: 6 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28) 7 Sec. 2-28. Court review. 8 (1) The court may require any legal custodian or 9 guardian of the person appointed under this Act to report 10 periodically to the court or may cite him into court and 11 require him or his agency, to make a full and accurate report 12 of his or its doings in behalf of the minor. The custodian 13 or guardian, within 10 days after such citation, shall make 14 the report, either in writing verified by affidavit or orally 15 under oath in open court, or otherwise as the court directs. 16 Upon the hearing of the report the court may remove the 17 custodian or guardian and appoint another in his stead or 18 restore the minor to the custody of his parents or former 19 guardian or custodian. However, custody of the minor shall 20 not be restored to any parent, guardian or legal custodian in 21 any case in which the minor is found to be neglected or 22 abused under Section 2-3 or dependent under Section 2-4 of 23 this Act, unless the minor can be cared for at home without 24 endangering the minor's health or safety and it is in the 25 best interests of the minor, and if such neglect, abuse, or 26 dependency is found by the court under paragraph (1) of 27 Section 2-21 of this Act to have come about due to the acts 28 or omissions or both of such parent, guardian or legal 29 custodian, until such time as an investigation is made as 30 provided in paragraph (5) and a hearing is held on the issue 31 of the fitness of such parent, guardian or legal custodian to SB840 Engrossed -2- LRB9205122RCcd 1 care for the minor and the court enters an order that such 2 parent, guardian or legal custodian is fit to care for the 3 minor. 4 (2) The first permanency hearing shall be conducted by 5 the judge. Subsequent permanency hearings may be heard by a 6 judge or by hearing officers appointed or approved by the 7 court in the manner set forth in Section 2-28.1 of this Act. 8 The initial hearing shall be held (a) within 12 months from 9 the date temporary custody was taken, (b) if the parental 10 rights of both parents have been terminated in accordance 11 with the procedure described in subsection (5) of Section 12 2-21, within 30 days of the order for termination of parental 13 rights and appointment of a guardian with power to consent to 14 adoption, or (c) in accordance with subsection (2) of Section 15 2-13.1. Subsequent permanency hearings shall be held every 6 16 months or more frequently if necessary in the court's 17 determination following the initial permanency hearing, in 18 accordance with the standards set forth in this Section, 19 until the court determines that the plan and goal have been 20 achieved. Once the plan and goal have been achieved, if the 21 minor remains in substitute care, the case shall be reviewed 22 at least every 6 months thereafter, subject to the provisions 23 of this Section, unless the minor is placed in the 24 guardianship of a suitable relative or other person and the 25 court determines that further monitoring by the court does 26 not further the health, safety or best interest of the child 27 and that this is a stable permanent placement. The 28 permanency hearings must occur within the time frames set 29 forth in this subsection and may not be delayed in 30 anticipation of a report from any source or due to the 31 agency's failure to timely file its written report (this 32 written report means the one required under the next 33 paragraph and does not mean the service plan also referred to 34 in that paragraph). SB840 Engrossed -3- LRB9205122RCcd 1 The public agency that is the custodian or guardian of 2 the minor, or another agency responsible for the minor's 3 care, shall ensure that all parties to the permanency 4 hearings are provided a copy of the most recent service plan 5 prepared within the prior 6 months at least 14 days in 6 advance of the hearing. If not contained in the plan, the 7 agency shall also include a report setting forth (i) any 8 special physical, psychological, educational, medical, 9 emotional, or other needs of the minor or his or her family 10 that are relevant to a permanency or placement determination 11 and (ii) for any minor age 16 or over, a written description 12 of the programs and services that will enable the minor to 13 prepare for independent living. The agency's written report 14 must detail what progress or lack of progress the parent has 15 made in correcting the conditions requiring the child to be 16 in care; whether the child can be returned home without 17 jeopardizing the child's health, safety, and welfare, and if 18 not, what permanency goal is recommended to be in the best 19 interests of the child, and why the other permanency goals 20 are not appropriate. The caseworker must appear and testify 21 at the permanency hearing. If a permanency hearing has not 22 previously been scheduled by the court, the moving party 23 shall move for the setting of a permanency hearing and the 24 entry of an order within the time frames set forth in this 25 subsection. 26 At the permanency hearing, the court shall determine the 27 future status of the child. The court shall set one of the 28 following permanency goals: 29 (A) The minor will be returned home by a specific 30 date within 5 months. 31 (B) The minor will be in short-term care with a 32 continued goal to return home within a period not to 33 exceed one year, where the progress of the parent or 34 parents is substantial giving particular consideration to SB840 Engrossed -4- LRB9205122RCcd 1 the age and individual needs of the minor. 2 (B-1) The minor will be in short-term care with a 3 continued goal to return home pending a status hearing. 4 When the court finds that a parent has not made 5 reasonable efforts or reasonable progress to date, the 6 court shall identify what actions the parent and the 7 Department must take in order to justify a finding of 8 reasonable efforts or reasonable progress and shall set a 9 status hearing to be held not earlier than 9 months from 10 the date of adjudication nor later than 11 months from 11 the date of adjudication during which the parent's 12 progress will again be reviewed. 13 (C) The minor will be in substitute care pending 14 court determination on termination of parental rights. 15 (D) Adoption, provided that parental rights have 16 been terminated or relinquished. 17 (E) The guardianship of the minor will be 18 transferred to an individual or couple on a permanent 19 basis provided that goals (A) through (D) have been ruled 20 out. 21 (F) The minor over age 1512will be in substitute 22 care pending independence. 23 (G) The minor will be in substitute care because he 24 or she cannot be provided for in a home environment due 25 to developmental disabilities or mental illness or 26 because he or she is a danger to self or others, provided 27 that goals (A) through (D) have been ruled out. 28 In selecting any permanency goal, the court shall 29 indicate in writing the reasons the goal was selected and why 30 the preceding goals were ruled out. Where the court has 31 selected a permanency goal other than (A), (B), or (B-1), the 32 Department of Children and Family Services shall not provide 33 further reunification services, but shall provide services 34 consistent with the goal selected. SB840 Engrossed -5- LRB9205122RCcd 1 The court shall set a permanency goal that is in the best 2 interest of the child. The court's determination shall 3 include the following factors: 4 (1) Age of the child. 5 (2) Options available for permanence. 6 (3) Current placement of the child and the intent 7 of the family regarding adoption. 8 (4) Emotional, physical, and mental status or 9 condition of the child. 10 (5) Types of services previously offered and 11 whether or not the services were successful and, if not 12 successful, the reasons the services failed. 13 (6) Availability of services currently needed and 14 whether the services exist. 15 (7) Status of siblings of the minor. 16 The court shall consider (i) the permanency goal 17 contained in the service plan, (ii) the appropriateness of 18 the services contained in the plan and whether those services 19 have been provided, (iii) whether reasonable efforts have 20 been made by all the parties to the service plan to achieve 21 the goal, and (iv) whether the plan and goal have been 22 achieved. All evidence relevant to determining these 23 questions, including oral and written reports, may be 24 admitted and may be relied on to the extent of their 25 probative value. 26 If the goal has been achieved, the court shall enter 27 orders that are necessary to conform the minor's legal 28 custody and status to those findings. 29 If, after receiving evidence, the court determines that 30 the services contained in the plan are not reasonably 31 calculated to facilitate achievement of the permanency goal, 32 the court shall put in writing the factual basis supporting 33 the determination and enter specific findings based on the 34 evidence. The court also shall enter an order for the SB840 Engrossed -6- LRB9205122RCcd 1 Department to develop and implement a new service plan or to 2 implement changes to the current service plan consistent with 3 the court's findings. The new service plan shall be filed 4 with the court and served on all parties within 45 days of 5 the date of the order. The court shall continue the matter 6 until the new service plan is filed. Unless otherwise 7 specifically authorized by law, the court is not empowered 8 under this subsection (2) or under subsection (3) to order 9 specific placements, specific services, or specific service 10 providers to be included in the plan. 11 A guardian or custodian appointed by the court pursuant 12 to this Act shall file updated case plans with the court 13 every 6 months. 14 Rights of wards of the court under this Act are 15 enforceable against any public agency by complaints for 16 relief by mandamus filed in any proceedings brought under 17 this Act. 18 (3) Following the permanency hearing, the court shall 19 enter a written order that includes the determinations 20 required under subsection (2) of this Section and sets forth 21 the following: 22 (a) The future status of the minor, including the 23 permanency goal, and any order necessary to conform the 24 minor's legal custody and status to such determination; 25 or 26 (b) If the permanency goal of the minor cannot be 27 achieved immediately, the specific reasons for continuing 28 the minor in the care of the Department of Children and 29 Family Services or other agency for short term placement, 30 and the following determinations: 31 (i) (Blank). 32 (ii) Whether the services required by the 33 court and by any service plan prepared within the 34 prior 6 months have been provided and (A) if so, SB840 Engrossed -7- LRB9205122RCcd 1 whether the services were reasonably calculated to 2 facilitate the achievement of the permanency goal or 3 (B) if not provided, why the services were not 4 provided. 5 (iii) Whether the minor's placement is 6 necessary, and appropriate to the plan and goal, 7 recognizing the right of minors to the least 8 restrictive (most family-like) setting available and 9 in close proximity to the parents' home consistent 10 with the health, safety, best interest and special 11 needs of the minor and, if the minor is placed 12 out-of-State, whether the out-of-State placement 13 continues to be appropriate and consistent with the 14 health, safety, and best interest of the minor. 15 (iv) (Blank). 16 (v) (Blank). 17 Any order entered pursuant to this subsection (3) shall 18 be immediately appealable as a matter of right under Supreme 19 Court Rule 304(b)(1). 20 (4) The minor or any person interested in the minor may 21 apply to the court for a change in custody of the minor and 22 the appointment of a new custodian or guardian of the person 23 or for the restoration of the minor to the custody of his 24 parents or former guardian or custodian. 25 When return home is not selected as the permanency goal: 26 (a) The Department, the minor, or the current 27 foster parent or relative caregiver seeking private 28 guardianship may file a motion for private guardianship 29 of the minor. Appointment of a guardian under this 30 Section requires approval of the court. 31 (b) The State's Attorney may file a motion to 32 terminate parental rights of any parent who has failed to 33 make reasonable efforts to correct the conditions which 34 led to the removal of the child or reasonable progress SB840 Engrossed -8- LRB9205122RCcd 1 toward the return of the child, as defined in subdivision 2 (D)(m) of Section 1 of the Adoption Act or for whom any 3 other unfitness ground for terminating parental rights as 4 defined in subdivision (D) of Section 1 of the Adoption 5 Act exists. 6 Custody of the minor shall not be restored to any parent, 7 guardian or legal custodian in any case in which the minor is 8 found to be neglected or abused under Section 2-3 or 9 dependent under Section 2-4 of this Act, unless the minor can 10 be cared for at home without endangering his or her health or 11 safety and it is in the best interest of the minor, and if 12 such neglect, abuse, or dependency is found by the court 13 under paragraph (1) of Section 2-21 of this Act to have come 14 about due to the acts or omissions or both of such parent, 15 guardian or legal custodian, until such time as an 16 investigation is made as provided in paragraph (5) and a 17 hearing is held on the issue of the health, safety and best 18 interest of the minor and the fitness of such parent, 19 guardian or legal custodian to care for the minor and the 20 court enters an order that such parent, guardian or legal 21 custodian is fit to care for the minor. In the event that 22 the minor has attained 18 years of age and the guardian or 23 custodian petitions the court for an order terminating his 24 guardianship or custody, guardianship or custody shall 25 terminate automatically 30 days after the receipt of the 26 petition unless the court orders otherwise. No legal 27 custodian or guardian of the person may be removed without 28 his consent until given notice and an opportunity to be heard 29 by the court. 30 When the court orders a child restored to the custody of 31 the parent or parents, the court shall order the parent or 32 parents to cooperate with the Department of Children and 33 Family Services and comply with the terms of an after-care 34 plan, or risk the loss of custody of the child and possible SB840 Engrossed -9- LRB9205122RCcd 1 termination of their parental rights. The court may also 2 enter an order of protective supervision in accordance with 3 Section 2-24. 4 (5) Whenever a parent, guardian, or legal custodian 5 files a motion for restoration of custody of the minor, and 6 the minor was adjudicated neglected, abused, or dependent as 7 a result of physical abuse, the court shall cause to be made 8 an investigation as to whether the movant has ever been 9 charged with or convicted of any criminal offense which would 10 indicate the likelihood of any further physical abuse to the 11 minor. Evidence of such criminal convictions shall be taken 12 into account in determining whether the minor can be cared 13 for at home without endangering his or her health or safety 14 and fitness of the parent, guardian, or legal custodian. 15 (a) Any agency of this State or any subdivision 16 thereof shall co-operate with the agent of the court in 17 providing any information sought in the investigation. 18 (b) The information derived from the investigation 19 and any conclusions or recommendations derived from the 20 information shall be provided to the parent, guardian, or 21 legal custodian seeking restoration of custody prior to 22 the hearing on fitness and the movant shall have an 23 opportunity at the hearing to refute the information or 24 contest its significance. 25 (c) All information obtained from any investigation 26 shall be confidential as provided in Section 5-150 of 27 this Act. 28 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-87, 29 eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 30 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.) 31 Section 10. The Adoption Act is amended by changing 32 Section 10 as follows: SB840 Engrossed -10- LRB9205122RCcd 1 (750 ILCS 50/10) (from Ch. 40, par. 1512) 2 Sec. 10. Forms of consent and surrender; execution and 3 acknowledgment thereof. 4 A. The form of consent required for the adoption of a 5 born child shall be substantially as follows: 6 FINAL AND IRREVOCABLE CONSENT TO ADOPTION 7 I, ...., (relationship, e.g., mother, father, relative, 8 guardian) of ...., a ..male child, state: 9 That such child was born on .... at .... 10 That I reside at ...., County of .... and State of .... 11 That I am of the age of .... years. 12 That I hereby enter my appearance in this proceeding and 13 waive service of summons on me. 14 That I do hereby consent and agree to the adoption of 15 such child. 16 That I wish to and understand that by signing this 17 consent I do irrevocably and permanently give up all custody 18 and other parental rights I have to such child. 19 That I understand such child will be placed for adoption 20 and that I cannot under any circumstances, after signing this 21 document, change my mind and revoke or cancel this consent or 22 obtain or recover custody or any other rights over such 23 child. That I have read and understand the above and I am 24 signing it as my free and voluntary act. 25 Dated (insert date). 26 ......................... 27 If under Section 8 the consent of more than one person is 28 required, then each such person shall execute a separate 29 consent. 30 B. The form of consent required for the adoption of an 31 unborn child shall be substantially as follows: 32 CONSENT TO ADOPTION OF UNBORN CHILD 33 I, ...., state: 34 That I am the father of a child expected to be born on or SB840 Engrossed -11- LRB9205122RCcd 1 about .... to .... (name of mother). 2 That I reside at .... County of ...., and State of ..... 3 That I am of the age of .... years. 4 That I hereby enter my appearance in such adoption 5 proceeding and waive service of summons on me. 6 That I do hereby consent and agree to the adoption of 7 such child, and that I have not previously executed a consent 8 or surrender with respect to such child. 9 That I wish to and do understand that by signing this 10 consent I do irrevocably and permanently give up all custody 11 and other parental rights I have to such child, except that I 12 have the right to revoke this consent by giving written 13 notice of my revocation not later than 72 hours after the 14 birth of the child. 15 That I understand such child will be placed for adoption 16 and that, except as hereinabove provided, I cannot under any 17 circumstances, after signing this document, change my mind 18 and revoke or cancel this consent or obtain or recover 19 custody or any other rights over such child. 20 That I have read and understand the above and I am 21 signing it as my free and voluntary act. 22 Dated (insert date). 23 ........................ 24 B-5. (1) The parent of a child may execute a consent to 25 standby adoption by a specified person or persons. A consent 26 under this subsection B-5 shall be acknowledged by a parent 27 pursuant to subsection H and subsection K of this Section. 28 The form of consent required for the standby adoption of a 29 born child effective at a future date when the terminally ill 30 parent of the child dies or requests that a final judgment of 31 adoption be entered shall be substantially as follows: 32 FINAL AND IRREVOCABLE CONSENT 33 TO STANDBY ADOPTION 34 I, ..., (relationship, e.g. mother or father) of ...., a SB840 Engrossed -12- LRB9205122RCcd 1 ..male child, state: 2 That the child was born on .... at ..... 3 That I reside at ...., County of ...., and State of ..... 4 That I am of the age of .... years. 5 That I hereby enter my appearance in this proceeding and 6 waive service of summons on me in this action only. 7 That I do hereby consent and agree to the standby 8 adoption of the child, and that I have not previously 9 executed a consent or surrender with respect to the child. 10 That (I am terminally ill) (the child's other parent is 11 terminally ill). 12 That I wish to and understand that by signing this 13 consent I do irrevocably and permanently give up all custody 14 and other parental rights I have to the child, effective upon 15 (my death) (the child's other parent's death) or upon (my) 16 (the terminally ill parent's) request for the entry of a 17 final judgment for adoption if ..... (specified person or 18 persons) adopt my child. 19 That I understand that until (I die) (the child's other 20 parent dies), I retain all legal rights and obligations 21 concerning the child, but at that time, I irrevocably give 22 all custody and other parental rights to .... (specified 23 person or persons). 24 I understand my child will be adopted by ....... 25 (specified person or persons) only and that I cannot, under 26 any circumstances, after signing this document, change my 27 mind and revoke or cancel this consent or obtain or recover 28 custody or any other rights over my child if ..... (specified 29 person or persons) adopt my child. 30 I understand that this consent to standby adoption is 31 valid only if the petition for standby adoption is filed and 32 that if ....... (specified person or persons), for any 33 reason, cannot or will not file a petition for standby 34 adoption or if his, her, or their petition for standby SB840 Engrossed -13- LRB9205122RCcd 1 adoption is denied, then this consent is void. I have the 2 right to notice of any other proceeding that could affect my 3 parental rights. 4 That I have read and understand the above and I am 5 signing it as my free and voluntary act. 6 Dated (insert date). 7 .................... 8 If under Section 8 the consent of more than one person is 9 required, then each such person shall execute a separate 10 consent. A separate consent shall be executed for each 11 child. 12 (2) If the parent consents to a standby adoption by 2 13 specified persons, then the form shall contain 2 additional 14 paragraphs in substantially the following form: 15 If .... (specified persons) obtain a judgment of 16 dissolution of marriage before the judgment for adoption is 17 entered, then ..... (specified person) shall adopt my child. 18 I understand that I cannot change my mind and revoke this 19 consent or obtain or recover custody of my child if ..... 20 (specified persons) obtain a judgment of dissolution of 21 marriage and ..... (specified person) adopts my child. I 22 understand that I cannot change my mind and revoke this 23 consent if ...... (specified persons) obtain a judgment of 24 dissolution of marriage before the adoption is final. I 25 understand that this consent to adoption has no effect on who 26 will get custody of my child if ..... (specified persons) 27 obtain a judgment of dissolution of marriage after the 28 adoption is final. I understand that if either ..... 29 (specified persons) dies before the petition to adopt my 30 child is granted, then the surviving person may adopt my 31 child. I understand that I cannot change my mind and revoke 32 this consent or obtain or recover custody of my child if the 33 surviving person adopts my child. 34 A consent to standby adoption by specified persons on SB840 Engrossed -14- LRB9205122RCcd 1 this form shall have no effect on a court's determination of 2 custody or visitation under the Illinois Marriage and 3 Dissolution of Marriage Act if the marriage of the specified 4 persons is dissolved before the adoption is final. 5 (3) The form of the certificate of acknowledgement for a 6 Final and Irrevocable Consent for Standby Adoption shall be 7 substantially as follows: 8 STATE OF .....) 9 ) SS. 10 COUNTY OF ....) 11 I, ....... (name of Judge or other person) ..... 12 (official title, name, and address), certify that ......., 13 personally known to me to be the same person whose name is 14 subscribed to the foregoing Final and Irrevocable Consent to 15 Standby Adoption, appeared before me this day in person and 16 acknowledged that (she) (he) signed and delivered the consent 17 as (her) (his) free and voluntary act, for the specified 18 purpose. 19 I have fully explained that this consent to adoption is 20 valid only if the petition to adopt is filed, and that if the 21 specified person or persons, for any reason, cannot or will 22 not adopt the child or if the adoption petition is denied, 23 then this consent will be void. I have fully explained that 24 if the specified person or persons adopt the child, by 25 signing this consent (she) (he) is irrevocably and 26 permanently relinquishing all parental rights to the child, 27 and (she) (he) has stated that such is (her) (his) intention 28 and desire. 29 Dated (insert date). 30 Signature.............................. 31 (4) If a consent to standby adoption is executed in this 32 form, the consent shall be valid only if the specified person 33 or persons adopt the child. The consent shall be void if: SB840 Engrossed -15- LRB9205122RCcd 1 (a) the specified person or persons do not file a 2 petition for standby adoption of the child; or 3 (b) a court denies the standby adoption petition. 4 The parent shall not need to take further action to 5 revoke the consent if the standby adoption by the specified 6 person or persons does not occur, notwithstanding the 7 provisions of Section 11 of this Act. 8 C. The form of surrender to any agency given by a parent 9 of a born child who is to be subsequently placed for adoption 10 shall be substantially as follows and shall contain such 11 other facts and statements as the particular agency shall 12 require. 13 FINAL AND IRREVOCABLE SURRENDER 14 FOR PURPOSES OF ADOPTION 15 I, .... (relationship, e.g., mother, father, relative, 16 guardian) of ...., a ..male child, state: 17 That such child was born on ...., at ..... 18 That I reside at ...., County of ...., and State of ..... 19 That I am of the age of .... years. 20 That I do hereby surrender and entrust the entire custody 21 and control of such child to the .... (the "Agency"), a 22 (public) (licensed) child welfare agency with its principal 23 office in the City of ...., County of .... and State of ...., 24 for the purpose of enabling it to care for and supervise the 25 care of such child, to place such child for adoption and to 26 consent to the legal adoption of such child. 27 That I hereby grant to the Agency full power and 28 authority to place such child with any person or persons it 29 may in its sole discretion select to become the adopting 30 parent or parents and to consent to the legal adoption of 31 such child by such person or persons; and to take any and all 32 measures which, in the judgment of the Agency, may be for the 33 best interests of such child, including authorizing medical, 34 surgical and dental care and treatment including inoculation SB840 Engrossed -16- LRB9205122RCcd 1 and anaesthesia for such child. 2 That I wish to and understand that by signing this 3 surrender I do irrevocably and permanently give up all 4 custody and other parental rights I have to such child. 5 That I understand I cannot under any circumstances, after 6 signing this surrender, change my mind and revoke or cancel 7 this surrender or obtain or recover custody or any other 8 rights over such child. 9 That I have read and understand the above and I am 10 signing it as my free and voluntary act. 11 Dated (insert date). 12 ........................ 13 D. The form of surrender to an agency given by a parent 14 of an unborn child who is to be subsequently placed for 15 adoption shall be substantially as follows and shall contain 16 such other facts and statements as the particular agency 17 shall require. 18 SURRENDER OF UNBORN CHILD FOR 19 PURPOSES OF ADOPTION 20 I, .... (father), state: 21 That I am the father of a child expected to be born on or 22 about .... to .... (name of mother). 23 That I reside at ...., County of ...., and State of ..... 24 That I am of the age of .... years. 25 That I do hereby surrender and entrust the entire custody 26 and control of such child to the .... (the "Agency"), a 27 (public) (licensed) child welfare agency with its principal 28 office in the City of ...., County of .... and State of ...., 29 for the purpose of enabling it to care for and supervise the 30 care of such child, to place such child for adoption and to 31 consent to the legal adoption of such child, and that I have 32 not previously executed a consent or surrender with respect 33 to such child. 34 That I hereby grant to the Agency full power and SB840 Engrossed -17- LRB9205122RCcd 1 authority to place such child with any person or persons it 2 may in its sole discretion select to become the adopting 3 parent or parents and to consent to the legal adoption of 4 such child by such person or persons; and to take any and all 5 measures which, in the judgment of the Agency, may be for the 6 best interests of such child, including authorizing medical, 7 surgical and dental care and treatment, including inoculation 8 and anaesthesia for such child. 9 That I wish to and understand that by signing this 10 surrender I do irrevocably and permanently give up all 11 custody and other parental rights I have to such child. 12 That I understand I cannot under any circumstances, after 13 signing this surrender, change my mind and revoke or cancel 14 this surrender or obtain or recover custody or any other 15 rights over such child, except that I have the right to 16 revoke this surrender by giving written notice of my 17 revocation not later than 72 hours after the birth of such 18 child. 19 That I have read and understand the above and I am 20 signing it as my free and voluntary act. 21 Dated (insert date). 22 ........................ 23 E. The form of consent required from the parents for the 24 adoption of an adult, when such adult elects to obtain such 25 consent, shall be substantially as follows: 26 CONSENT 27 I, ...., (father) (mother) of ...., an adult, state: 28 That I reside at ...., County of .... and State of ..... 29 That I do hereby consent and agree to the adoption of 30 such adult by .... and ..... 31 Dated (insert date). 32 ......................... 33 F. The form of consent required for the adoption of a 34 child of the age of 14 years or upwards, or of an adult, to SB840 Engrossed -18- LRB9205122RCcd 1 be given by such person, shall be substantially as follows: 2 CONSENT 3 I, ...., state: 4 That I reside at ...., County of .... and State of ..... 5 That I am of the age of .... years. That I consent and agree 6 to my adoption by .... and ..... 7 Dated (insert date). 8 ........................ 9 G. The form of consent given by an agency to the 10 adoption by specified persons of a child previously 11 surrendered to it shall set forth that the agency has the 12 authority to execute such consent. The form of consent given 13 by a guardian of the person of a child sought to be adopted, 14 appointed by a court of competent jurisdiction, shall set 15 forth the facts of such appointment and the authority of the 16 guardian to execute such consent. 17 H. A consent (other than that given by an agency, or 18 guardian of the person of the child sought to be adopted 19 appointed by a court of competent jurisdiction) shall be 20 acknowledged by a parent before the presiding judge of the 21 court in which the petition for adoption has been, or is to 22 be filed or before any other judge or hearing officer 23 designated or subsequently approved by the court, or the 24 circuit clerk if so authorized by the presiding judge or, 25 except as otherwise provided in this Act, before a 26 representative of the Department of Children and Family 27 Services or a licensed child welfare agency, or before social 28 service personnel under the jurisdiction of a court of 29 competent jurisdiction, or before social service personnel of 30 the Cook County Department of Supportive Services designated 31 by the presiding judge. 32 I. A surrender, or any other document equivalent to a 33 surrender, by which a child is surrendered to an agency shall 34 be acknowledged by the person signing such surrender, or SB840 Engrossed -19- LRB9205122RCcd 1 other document, before a judge or hearing officer or the 2 clerk of any court of record, either in this State or any 3 other state of the United States, or before a representative 4 of an agency or before any other person designated or 5 approved by the presiding judge of the court in which the 6 petition for adoption has been, or is to be, filed. 7 J. The form of the certificate of acknowledgment for a 8 consent, a surrender, or any other document equivalent to a 9 surrender, shall be substantially as follows: 10 STATE OF ....) 11 ) SS. 12 COUNTY OF ...) 13 I, .... (Name of judge or other person), .... (official 14 title, name and location of court or status or position of 15 other person), certify that ...., personally known to me to 16 be the same person whose name is subscribed to the foregoing 17 (consent) (surrender), appeared before me this day in person 18 and acknowledged that (she) (he) signed and delivered such 19 (consent) (surrender) as (her) (his) free and voluntary act, 20 for the specified purpose. 21 I have fully explained that by signing such (consent) 22 (surrender) (she) (he) is irrevocably relinquishing all 23 parental rights to such child or adult and (she) (he) has 24 stated that such is (her) (his) intention and desire. 25 Dated (insert date). 26 Signature ............... 27 K. When the execution of a consent or a surrender is 28 acknowledged before someone other than a judge or the clerk 29 of a court of record, such other person shall have his 30 signature on the certificate acknowledged before a notary 31 public, in form substantially as follows: 32 STATE OF ....) 33 ) SS. 34 COUNTY OF ...) SB840 Engrossed -20- LRB9205122RCcd 1 I, a Notary Public, in and for the County of ......, in 2 the State of ......, certify that ...., personally known to 3 me to be the same person whose name is subscribed to the 4 foregoing certificate of acknowledgment, appeared before me 5 in person and acknowledged that (she) (he) signed such 6 certificate as (her) (his) free and voluntary act and that 7 the statements made in the certificate are true. 8 Dated (insert date). 9 Signature ...................... Notary Public 10 (official seal) 11 There shall be attached a certificate of magistracy, or 12 other comparable proof of office of the notary public 13 satisfactory to the court, to a consent signed and 14 acknowledged in another state. 15 L. A surrender or consent executed and acknowledged 16 outside of this State, either in accordance with the law of 17 this State or in accordance with the law of the place where 18 executed, is valid. 19 M. Where a consent or a surrender is signed in a foreign 20 country, the execution of such consent shall be acknowledged 21 or affirmed in a manner conformable to the law and procedure 22 of such country. 23 N. If the person signing a consent or surrender is in 24 the military service of the United States, the execution of 25 such consent or surrender may be acknowledged before a 26 commissioned officer and the signature of such officer on 27 such certificate shall be verified or acknowledged before a 28 notary public or by such other procedure as is then in effect 29 for such division or branch of the armed forces. 30 O. (1) The parent or parents of a child in whose 31 interests a petition under Section 2-13 of the Juvenile Court 32 Act of 1987 is pending may, with the approval of the 33 designated representative of the Department of Children and 34 Family Services, execute a consent to adoption by a specified SB840 Engrossed -21- LRB9205122RCcd 1 person or persons: 2 (a) in whose physical custody the child has resided 3 for at least 6 monthsone year; or 4 (b) in whose physical custody at least one sibling 5 of the child who is the subject of this consent has 6 resided for at least 6 monthsone year, and the child who 7 is the subject of this consent is currently residing in 8 this foster home; or 9 (c) in whose physical custody a child under one 10 year of age has resided for at least 3 months. 11 A consent under this subsection O shall be acknowledged by a 12 parent pursuant to subsection H and subsection K of this 13 Section. 14 (2) The consent to adoption by a specified person or 15 persons shall have the caption of the proceeding in which it 16 is to be filed and shall be substantially as follows: 17 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY 18 A SPECIFIED PERSON OR PERSONS 19 I, ......................................, the 20 .................. (mother or father) of a ....male child, 21 state: 22 1. My child ............................ (name of 23 child) was born on (insert date) at .................... 24 Hospital in ................ County, State of 25 ............... 26 2. I reside at ......................, County of 27 ............. and State of .............. 28 3. I, ..........................., am .... years 29 old. 30 4. I enter my appearance in this action to adopt my 31 child by the person or persons specified herein by me and 32 waive service of summons on me in this action only. 33 5. I consent to the adoption of my child by 34 ............................. (specified person or SB840 Engrossed -22- LRB9205122RCcd 1 persons) only. 2 6. I wish to sign this consent and I understand 3 that by signing this consent I irrevocably and 4 permanently give up all parental rights I have to my 5 child if my child is adopted by 6 ............................. (specified person or 7 persons). 8 7. I understand my child will be adopted by 9 ............................. (specified person or 10 persons) only and that I cannot under any circumstances, 11 after signing this document, change my mind and revoke or 12 cancel this consent or obtain or recover custody or any 13 other rights over my child if 14 ............................ (specified person or 15 persons) adopt my child. 16 8. I understand that this consent to adoption is 17 valid only if the petition to adopt is filed within one 18 year from the date that I sign it and that if 19 ....................... (specified person or persons), 20 for any reason, cannot or will not file a petition to 21 adopt my child within that one year period or if their 22 adoption petition is denied, then this consent will be 23 voidable after one year upon the timely filing of my 24 motion. If I file this motion before the filing of the 25 petition for adoption, I understand that the court shall 26 revoke this specific consentvoid. I have the right to 27 notice of any other proceeding that could affect my 28 parental rights, except for the proceeding for 29 ............. (specified person or persons) to adopt my 30 child. 31 9. I have read and understand the above and I am 32 signing it as my free and voluntary act. 33 Dated (insert date). 34 ............................................. SB840 Engrossed -23- LRB9205122RCcd 1 Signature of parent 2 (3) If the parent consents to an adoption by 2 specified 3 persons, then the form shall contain 2 additional paragraphs 4 in substantially the following form: 5 10. If ............... (specified persons) get a 6 divorce before the petition to adopt my child is granted, 7 then .......... (specified person) shall adopt my child. 8 I understand that I cannot change my mind and revoke this 9 consent or obtain or recover custody over my child if 10 ............. (specified persons) divorce and 11 ............. (specified person) adopts my child. I 12 understand that I cannot change my mind and revoke this 13 consent or obtain or recover custody over my child if 14 ................. (specified persons) divorce after the 15 adoption is final. I understand that this consent to 16 adoption has no effect on who will get custody of my 17 child if they divorce after the adoption is final. 18 11. I understand that if either ............... 19 (specified persons) dies before the petition to adopt my 20 child is granted, then the surviving person can adopt my 21 child. I understand that I cannot change my mind and 22 revoke this consent or obtain or recover custody over my 23 child if the surviving person adopts my child. 24 A consent to adoption by specified persons on this form 25 shall have no effect on a court's determination of custody or 26 visitation under the Illinois Marriage and Dissolution of 27 Marriage Act if the marriage of the specified persons is 28 dissolved after the adoption is final. 29 (4) The form of the certificate of acknowledgement for a 30 Final and Irrevocable Consent for Adoption by a Specified 31 Person or Persons shall be substantially as follows: 32 STATE OF..............) 33 ) SS. 34 COUNTY OF.............) SB840 Engrossed -24- LRB9205122RCcd 1 I, .................... (Name of Judge or other person), 2 ..................... (official title, name, and address), 3 certify that ............., personally known to me to be the 4 same person whose name is subscribed to the foregoing Final 5 and Irrevocable Consent for Adoption by a Specified Person or 6 Persons, appeared before me this day in person and 7 acknowledged that (she)(he) signed and delivered the consent 8 as (her)(his) free and voluntary act, for the specified 9 purpose. 10 I have fully explained that this consent to adoption is 11 valid only if the petition to adopt is filed within one year 12 from the date that it is signed, and that if the specified 13 person or persons, for any reason, cannot or will not adopt 14 the child or if the adoption petition is denied, then this 15 consent will be voidable after one year upon the timely 16 filing of a motion by the parent to revoke the consent. I 17 explained that if this motion is filed before the filing of 18 the petition for adoption, the court shall revoke this 19 specific consentvoid. I have fully explained that if the 20 specified person or persons adopt the child, by signing this 21 consent this parent(she)(he)is irrevocably and permanently 22 relinquishing all parental rights to the child, and this 23 parent(she)(he)has stated that such is (her)(his) intention 24 and desire. 25 Dated (insert date). 26 ............................... 27 Signature 28 (5) If a consent to adoption by a specified person or 29 persons is executed in this form, the following provisions 30 shall apply. The consent shall be valid only if that 31 specified person or persons adopt the child. The consent 32 shall be voidable after one yearvoidif: 33 (a) the specified person or persons do not file a 34 petition to adopt the child within one year after the SB840 Engrossed -25- LRB9205122RCcd 1 consent is signed and the parent files a timely motion to 2 revoke this consent. If this motion is filed before the 3 filing of the petition for adoption the court shall 4 revoke this consent; or 5 (b) a court denies the adoption petition; or 6 (c) the Department of Children and Family Services 7 Guardianship Administrator determines that the specified 8 person or persons will not or cannot complete the 9 adoption, or in the best interests of the child should 10 not adopt the child. 11 Within 30 days of the consent becoming void, the 12 Department of Children and Family Services Guardianship 13 Administrator shall make good faith attempts to notify the 14 parent in writing and shall give written notice to the court 15 and all additional parties in writing that the adoption has 16 not occurred or will not occur and that the consent is void. 17 If the adoption by a specified person or persons does not 18 occur, no proceeding for termination of parental rights shall 19 be brought unless the biological parent who executed the 20 consent to adoption by a specified person or persons has been 21 notified of the proceeding pursuant to Section 7 of this Act 22 or subsection (4) of Section 2-13 of the Juvenile Court Act 23 of 1987. The parent shall not need to take further action to 24 revoke the consent if the specified adoption does not occur, 25 notwithstanding the provisions of Section 11 of this Act. 26 (6) The Department of Children and Family Services is 27 authorized to promulgate rules necessary to implement this 28 subsection O. 29 (7) The Department shall collect and maintain data 30 concerning the efficacy of specific consents. This data 31 shall include the number of specific consents executed and 32 their outcomes, including but not limited to the number of 33 children adopted pursuant to the consents, the number of 34 children for whom adoptions are not completed, and the reason SB840 Engrossed -26- LRB9205122RCcd 1 or reasons why the adoptions are not completed. 2 (Source: P.A. 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 3 91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)