Bill Amendment: IL HB3079 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: INTERCOUNTRY ADOPTION:RE-ADOPT

Status: 2015-07-15 - Public Act . . . . . . . . . 99-0049 [HB3079 Detail]

Download: Illinois-2015-HB3079-House_Amendment_001.html

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Rep. Keith P. Sommer

Filed: 3/18/2015

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AMENDMENT TO HOUSE BILL 3079
AMENDMENT NO. ______. Amend House Bill 3079 by replacing
everything after the enacting clause with the following:
"Section 5. The Child Care Act of 1969 is amended by adding
Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows:
(225 ILCS 10/2.30 new)
Sec. 2.30. Placement disruption. "Placement disruption"
means a circumstance where the child is removed from an
adoptive placement before the adoption is finalized.
(225 ILCS 10/2.31 new)
Sec. 2.31. Secondary placement. "Secondary placement"
means a placement, including but not limited to the placement
of a ward of the Department, that occurs after a placement
disruption or adoption dissolution. "Secondary placement" does
not mean secondary placements arising due to the death of the

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adoptive parent of the child.
(225 ILCS 10/2.32 new)
Sec. 2.32. Adoption dissolution. "Adoption dissolution"
means a circumstance where the child is removed from an
adoptive placement after the adoption is finalized.
(225 ILCS 10/2.33 new)
Sec. 2.33. Unregulated placement. "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.
(225 ILCS 10/2.34 new)
Sec. 2.34. Post-placement and post-adoption support
services. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, counseling for
emotional, behavioral, or developmental needs.
Section 10. The Adoption Act is amended by changing
Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as
follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the

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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.

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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

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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

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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)

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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

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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

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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) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22

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month period which begins on or after the effective date of
this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of
the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which
there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(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

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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 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

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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

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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

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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

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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

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the singular and the "male" includes the "female", as the
context of this Act may require.
H. (Blank). "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the adoption
is finalized.
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). "Intercountry Adoption Coordinator" means a
staff person of the Department of Children and Family Services
appointed by the Director to coordinate the provision of
services related to an intercountry adoption.
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

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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

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(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

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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). "Endorsement letter" means the letter issued by
the Department of Children and Family Services to document that
a prospective adoptive parent has met preadoption requirements
and has been deemed suitable by the Department to adopt a child

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who is the subject of an intercountry adoption.
W. (Blank). "Denial letter" means the letter issued by the
Department of Children and Family Services to document that a
prospective adoptive parent has not met preadoption
requirements and has not been deemed suitable by the Department
to adopt a child who is the subject of an intercountry
adoption.
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

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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

09900HB3079ham001 - 22 - LRB099 08115 HEP 32901 a
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 ward of the Department, 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, counseling for
emotional, behavioral, or developmental needs.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
1-1-14; 98-804, eff. 1-1-15.)
(750 ILCS 50/2) (from Ch. 40, par. 1502)

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Sec. 2. Who may adopt a child.
A. Any of the following persons, who is under no legal
disability (except the minority specified in sub-paragraph
(b)) and who has resided in the State of Illinois continuously
for a period of at least 6 months immediately preceding the
commencement of an adoption proceeding, or any member of the
armed forces of the United States who has been domiciled in the
State of Illinois for 90 days, may institute such proceeding:
(a) A reputable person of legal age and of either sex,
provided that if such person is married or in a civil union
and has not been living separate and apart from his or her
spouse or civil union partner for 12 months or longer, his
or her spouse or civil union partner shall be a party to
the adoption proceeding, including a spouse or civil union
partner husband or wife desiring to adopt a child of the
other spouse or civil union partner, in all of which cases
the adoption shall be by both spouses or civil union
partners jointly;
(b) A minor, by leave of court upon good cause shown.
Notwithstanding sub-paragraph (a) of this subsection, a
spouse or civil union partner is not required to join in a
petition for adoption to re-adopt a child after an intercountry
adoption if the spouse or civil union partner did not
previously adopt the child as set forth in subsections (c) and
(e) of Section 4.1 of this Act.
B. The residence requirement specified in paragraph A of

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this Section shall not apply to:
(a) an adoption of a related child or child previously
adopted in a foreign country by the petitioner; or
(b) an adoption of a child placed by an agency.
(Source: P.A. 98-804, eff. 1-1-15.)
(750 ILCS 50/4.1) (from Ch. 40, par. 1506)
Sec. 4.1. Adoption between multiple jurisdictions.
(a) The Department of Children and Family Services shall
promulgate rules regarding the approval and regulation of
agencies providing, in this State, adoption services, as
defined in Section 2.24 of the Child Care Act of 1969, which
shall include, but not be limited to, a requirement that any
agency shall be licensed in this State as a child welfare
agency as defined in Section 2.08 of the Child Care Act of
1969. Any out-of-state agency, if not licensed in this State as
a child welfare agency, must obtain the approval of the
Department in order to act as a sending agency, as defined in
Section 1 of the Interstate Compact on Placement of Children
Act, seeking to place a child into this State through a
placement subject to the Interstate Compact on the Placement of
Children. An out-of-state agency, if not licensed in this State
as a child welfare agency, is prohibited from providing in this
State adoption services, as defined by Section 2.24 of the
Child Care Act of 1969; shall comply with Section 12C-70 of the
Criminal Code of 2012; and shall provide all of the following

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to the Department:
(1) A copy of the agency's current license or other
form of authorization from the approving authority in the
agency's state. If no license or authorization is issued,
the agency must provide a reference statement, from the
approving authority, stating that the agency is authorized
to place children in foster care or adoption or both in its
jurisdiction.
(2) A description of the program, including home
studies, placements, and supervisions, that the child
placing agency conducts within its geographical area, and,
if applicable, adoptive placements and the finalization of
adoptions. The child placing agency must accept continued
responsibility for placement planning and replacement if
the placement fails.
(3) Notification to the Department of any significant
child placing agency changes after approval.
(4) Any other information the Department may require.
The rules shall also provide that any agency that places
children for adoption in this State may not, in any policy or
practice relating to the placement of children for adoption,
discriminate against any child or prospective adoptive parent
on the basis of race.
(a-5) (Blank).
(b) Interstate Adoptions.
(1) All interstate adoption placements under this Act

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shall comply with the Child Care Act of 1969 and the
Interstate Compact on the Placement of Children. The
placement of children with relatives by the Department of
Children and Family Services shall also comply with
subsection (b) of Section 7 of the Children and Family
Services Act.
(2) If an adoption is finalized prior to bringing or
sending a child to this State, compliance with the
Interstate Compact on the Placement of Children is not
required.
(c) Intercountry Adoptions. (1) The adoption of a child, if
the child is a habitual resident of a country other than the
United States and the petitioner is a habitual resident of the
United States, or, if the child is a habitual resident of the
United States and the petitioner is a habitual resident of a
country other than the United States, shall comply with the
Intercountry Adoption Act of 2000, as amended, and the
Immigration and Nationality Act, as amended. In the case of an
intercountry adoption that requires oversight by the adoption
services governed by the Intercountry Adoption Universal
Accreditation Act of 2012, this State shall not impose any
additional preadoption requirements.
(2) The Department of Children and Family Services
shall maintain the office of Intercountry Adoption
Coordinator in order to maintain and protect the rights of
prospective adoptive parents and children participating in

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an intercountry adoption and shall develop ongoing
programs of support and services to such prospective
adoptive parents and children.
(3) In the case of an intercountry adoption of a child
by an Illinois resident, the Department shall promulgate
rules concerning preadoption requirements, which shall
include, but not be limited to, requirements relating to
home studies conducted by licensed child welfare agencies
and requirements relating to supporting documentation
concerning the prospective adoptive parent's suitability
to adopt a child.
(4) The Intercountry Adoption Coordinator shall
determine whether all preadoption requirements have been
met by a prospective adoptive parent. The Intercountry
Adoption Coordinator shall also determine whether the
prospective adoptive parent is suitable as the adoptive
parent. In determining suitability to adopt, the
Intercountry Adoption coordinator shall give considerable
weight to the home study, but is not bound by it. Even if
the home study is favorable, the Intercountry Adoption
Coordinator must issue a denial letter if, on the basis of
all the information provided, the Intercountry Adoption
Coordinator finds, for a specific and articulable reason,
that the prospective adoptive parent has failed to
establish that he or she is suitable as the adoptive
parent.

09900HB3079ham001 - 28 - LRB099 08115 HEP 32901 a
(5) The Intercountry Adoption Coordinator shall issue
an endorsement letter, indicating that all preadoption
requirements have been met, or a denial letter, indicating
the specific preadoption requirements that have not been
met, no later than 21 days from receipt of the home study
from the child welfare agency. If, upon receipt of the home
study, the Intercountry Adoption Coordinator determines
that more information is required before any determination
can be made with respect to compliance with the preadoption
requirements, the Intercountry Adoption Coordinator shall,
within 7 days of receipt of the home study, provide notice
describing the additional information, via facsimile or
through electronic communication, to the licensed child
welfare agency and the adoptive parent. Within 21 days of
receipt of the additional information, the Intercountry
Adoption Coordinator shall provide the child welfare
agency with an endorsement letter or a denial letter. The
Intercountry Adoption Coordinator shall mail a copy of the
endorsement letter or denial letter to the prospective
adoptive parent at the same time that the Intercountry
Adoption Coordinator provides the letter to the child
welfare agency.
(6) If the Intercountry Adoption Coordinator issues a
denial letter, a prospective adoptive parent shall have the
right to a review. The Intercountry Adoption Coordinator
shall include in its denial letter notification advising

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the prospective adoptive parent of the right to seek a
review, by the Director of the Department, of the
determination, if requested in writing within 30 days of
receipt of the denial letter. Failure to submit such a
request within 30 days waives the prospective parent's
right to a review.
(i) The review by the Director shall include, but
is not limited to, a review of documentation submitted
by the prospective adoptive parent and, if requested by
the prospective adoptive parent, a telephone
conference or a mutually convenient in-person meeting
with the Director, or the Director's designated
representative, to allow the prospective adoptive
parent to present the facts and circumstances
supporting the request for the endorsement letter.
(ii) The Director shall issue a decision within 30
days of receipt of the request for review.
(iii) If the Director concurs with the original
denial letter of the Intercountry Adoption
Coordinator, the Director's decision shall be
considered a final decision and the prospective
adoptive parent shall have all rights and remedies to
which he or she is entitled under applicable law,
including a mandamus action under Article XIV of the
Code of Civil Procedure and an action under the federal
Civil Rights Act, 42 U.S.C. 1983.

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(7) In the case of an intercountry adoption finalized
in another country, where a complete and valid Order of
Adoption is issued from that country to an Illinois
resident, as determined by the United States Department of
State, this State shall not impose any additional
preadoption requirements.
(8) The Department of Children and Family Services
shall provide a report to the General Assembly, on an
annual basis for the preceding year, beginning on September
1 of each year after the effective date of this amendatory
Act of the 98th General Assembly. The report shall provide
non-identifying statistical data on the endorsement and
denial letters and the requests for review of denial
letters and shall contain, but not limited to, the
following:
(i) the number of endorsement letters issued by the
Intercountry Adoption Coordinator;
(ii) the number of denial letters issued by the
Intercountry Adoption Coordinator;
(iii) the number of requests for review of denial
letters;
(iv) the number of denial letter reviews which
resulted in a reversal by the Director and an
endorsement letter being issued; and
(v) the basis of each denial letter and the basis
of each reversal of the denial letter in a particular

09900HB3079ham001 - 31 - LRB099 08115 HEP 32901 a
case.
(d) (Blank).
(e) Re-adoption after an intercountry adoption.
(1) Any time after a minor child has been adopted in a
foreign country and has immigrated to the United States,
the adoptive parent or parents of the child may petition
the court for a judgment of adoption to re-adopt the child
and confirm the foreign adoption decree.
(2) The petitioner must submit to the court one or more
of the following to verify the foreign adoption:
(i) an immigrant visa for the child issued by
United States Citizenship and Immigration Services of
the U.S. Department of Homeland Security that was valid
at the time of the child's immigration;
(ii) a decree, judgment, certificate of adoption,
adoption registration, or equivalent court order,
entered or issued by a court of competent jurisdiction
or administrative body outside the United States,
establishing the relationship of parent and child by
adoption; or
(iii) such other evidence deemed satisfactory by
the court.
(3) The child's immigrant visa shall be prima facie
proof that the adoption was established in accordance with
the laws of the foreign jurisdiction and met United States
requirements for immigration.

09900HB3079ham001 - 32 - LRB099 08115 HEP 32901 a
(4) If the petitioner submits documentation that
satisfies the requirements of paragraph (2), the court
shall not appoint a guardian ad litem for the minor who is
the subject of the proceeding, shall not require any
further termination of parental rights of the child's
biological parents, nor shall it require any home study,
investigation, post-placement visit, or background check
of the petitioner.
(5) The petition may include a request for change of
the child's name and any other request for specific relief
that is in the best interests of the child. The relief may
include a request for a revised birth date for the child if
supported by evidence from a medical or dental professional
attesting to the appropriate age of the child or other
collateral evidence.
(6) Two adoptive parents who adopted a minor child
together in a foreign country while married to one another
may file a petition for adoption to re-adopt the child
jointly, regardless of whether their marriage has been
dissolved. If either parent whose marriage was dissolved
has subsequently remarried or entered into a civil union
with another person, the new spouse or civil union partner
shall not join in the petition to re-adopt the child,
unless the new spouse or civil union partner is seeking to
adopt the child. If either adoptive parent does not join in
the petition, he or she must be joined as a party

09900HB3079ham001 - 33 - LRB099 08115 HEP 32901 a
defendant. The defendant parent's failure to participate
in the re-adoption proceeding shall not affect the existing
parental rights or obligations of the parent as they relate
to the minor child, and the parent's name shall be placed
on any subsequent birth record issued for the child as a
result of the re-adoption proceeding.
(7) An adoptive parent who adopted a minor child in a
foreign country as an unmarried person may file a petition
for adoption to re-adopt the child as a sole petitioner,
even if the adoptive parent has subsequently married or
entered into a civil union.
(8) If one of the adoptive parents who adopted a minor
child dies prior to a re-adoption proceeding, the deceased
parent's name shall be placed on any subsequent birth
record issued for the child as a result of the re-adoption
proceeding.
(Source: P.A. 98-455, eff. 1-1-14.)
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related
child, shall be commenced by the filing of a petition within 30
days after such child has become available for adoption,
provided that such petition may be filed at a later date by
leave of court upon a showing that the failure to file such
petition within such 30 day period was not due to the

09900HB3079ham001 - 34 - LRB099 08115 HEP 32901 a
petitioners' culpable negligence or their wilful disregard of
the provisions of this Section. In the case of a child born
outside the United States or a territory thereof, if the
prospective adoptive parents of such child have been appointed
guardians of such child by a court of competent jurisdiction in
a country other than the United States or a territory thereof,
such parents shall file a petition as provided in this Section
within 30 days after entry of the child into the United States.
A petition to adopt an adult or a related child may be filed at
any time. A petition for adoption may include more than one
person sought to be adopted.
B. A petition to adopt a child other than a related child
shall state:
(a) The full names of the petitioners and, if minors,
their respective ages;
(b) The place of residence of the petitioners and the
length of residence of each in the State of Illinois
immediately preceding the filing of the petition;
(c) When the petitioners acquired, or intend to
acquire, custody of the child, and the name and address of
the persons or agency from whom the child was or will be
received;
(d) The name, the place and date of birth if known, and
the sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
petitioner;

09900HB3079ham001 - 35 - LRB099 08115 HEP 32901 a
(f) The names, if known, and the place of residence, if
known, of the parents; and whether such parents are minors,
or otherwise under any legal disability. The names and
addresses of the parents shall be omitted and they shall
not be made parties defendant to the petition if (1) the
rights of the parents have been terminated by a court of
competent jurisdiction, or (2) the child has been
surrendered to an agency, or (3) the parent or parents have
been served with the notice provided in Section 12a of this
Act and said parent or parents have filed a disclaimer of
paternity as therein provided or have failed to file such
declaration of paternity or a request for notice as
provided in said Section, or (4) the parent is a putative
father or legal father of the child who has waived his
parental rights by signing a waiver as provided in
subsection S of Section 10;
(g) If it is alleged that the child has no living
parent, then the name of the guardian, if any, of such
child and the court which appointed such guardian;
(h) If it is alleged that the child has no living
parent and that no guardian of such child is known to
petitioners, then the name of a near relative, if known,
shall be set forth, or an allegation that no near relative
is known and on due inquiry cannot be ascertained by
petitioners;
(i) The name to be given the child or adult;

09900HB3079ham001 - 36 - LRB099 08115 HEP 32901 a
(j) That the person or agency, having authority to
consent under Section 8 of this Act, has consented, or has
indicated willingness to consent, to the adoption of the
child by the petitioners, or that the person having
authority to consent is an unfit person and the ground
therefor, or that no consent is required under paragraph
(f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have
heretofore been entered by any court affecting (1) adoption
or custody of the child, or (2) the adoptive, custodial or
parental rights of either petitioner, including the prior
denial of any petition for adoption pertaining to such
child, or to the petitioners, or either of them.
C. A petition to adopt a related child shall include the
information specified in sub-paragraphs (a), (b), (d), (e),
(f), (i) and (k) of paragraph B and a petition to adopt an
adult shall contain the information required by sub-paragraphs
(a), (b) and (i) of paragraph B in addition to the name, place,
date of birth and sex of such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall
furnish the Clerk of the Court in which the petition is pending
such information not contained in such petition as shall be
necessary to enable the Clerk of such Court to complete a
certificate of adoption as hereinafter provided.
F. A petition for standby adoption shall conform to the

09900HB3079ham001 - 37 - LRB099 08115 HEP 32901 a
requirements of this Act with respect to petition contents,
verification, and filing. The petition for standby adoption
shall also state the facts concerning the consent of the
child's parent to the standby adoption. A petition for standby
adoption shall include the information in paragraph B if the
petitioner seeks to adopt a child other than a related child. A
petition for standby adoption shall include the information in
paragraph C if the petitioner seeks to adopt a related child or
adult.
G. A petition for adoption to re-adopt a child after an
intercountry adoption shall include the information specified
in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of
paragraph B.
(Source: P.A. 97-493, eff. 8-22-11.)
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent, provided
that the execution of a consent pursuant to this Act shall
be prima facie evidence of its validity, and provided that
the validity of a consent shall not be affected by the
omission therefrom of the names of the petitioners or

09900HB3079ham001 - 38 - LRB099 08115 HEP 32901 a
adopting parents at the time the consent is executed or
acknowledged, and further provided that the execution of a
consent prior to the filing of a petition for adoption
shall not affect its validity.
(b) To determine whether there is available suitable
temporary custodial care for a child sought to be adopted.
B. In all cases except standby adoptions and re-adoptions:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a child
sought to be adopted. Such guardian ad litem shall have
power to consent to the adoption of the child, if such
consent is required.
(b) The court shall appoint a guardian ad litem for all
named minors or defendants who are persons under legal
disability, if any.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of paragraph
D of Section 1 of this Act, such person shall be
represented by counsel. If such person is indigent or an
appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint as
counsel for him either the Guardianship and Advocacy
Commission, the public defender, or, only if no attorney
from the Guardianship and Advocacy Commission or the public
defender is available, an attorney licensed to practice law

09900HB3079ham001 - 39 - LRB099 08115 HEP 32901 a
in this State.
(d) If it is proved to the satisfaction of the court,
after such investigation as the court deems necessary, that
termination of parental rights and temporary commitment of
the child to an agency or to a person deemed competent by
the court, including petitioners, will be for the welfare
of the child, the court may order the child to be so
committed and may terminate the parental rights of the
parents and declare the child a ward of the court or, if it
is not so proved, the court may enter such other order as
it shall deem necessary and advisable.
(e) Before an interim custody order is granted under
this Section, service of summons shall be had upon the
parent or parents whose rights have not been terminated,
except as provided in subsection (f). Reasonable notice and
opportunity to be heard shall be given to the parent or
parents after service of summons when the address of the
parent or parents is available. The party seeking an
interim custody order shall make all reasonable efforts to
locate the parent or parents of the child or children they
are seeking to adopt and to notify the parent or parents of
the party's request for an interim custody order pursuant
to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there

09900HB3079ham001 - 40 - LRB099 08115 HEP 32901 a
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a finding
that there is an immediate danger to the child if service
of process is had upon and notice of hearing is given to
the parent or parents or legal guardian prior to the entry
of an order granting temporary custody to someone other
than a parent or legal guardian, the court may enter an
order of temporary custody which shall expire not more than
10 days after its entry. Every ex parte custody order
granted without notice shall state the injury which the
court sought to avoid by granting the order, the
irreparable injury that would have occurred had notice been
given, and the reason the order was granted without notice.
The matter shall be set down for full hearing before the
expiration of the ex parte order and will be heard after
service of summons is had upon and notice of hearing is
given to the parent or parents or legal guardian. At the
hearing the burden of proof shall be upon the party seeking
to extend the interim custody order to show that the order
was properly granted without notice and that custody should
remain with the party seeking to adopt during the pendency
of the adoption proceeding. If the interim custody order is
extended, the reasons for granting the extension shall be
stated in the order.
C. In the case of a child born outside the United States or

09900HB3079ham001 - 41 - LRB099 08115 HEP 32901 a
a territory thereof, if the petitioners have previously been
appointed guardians of such child by a court of competent
jurisdiction in a country other than the United States or a
territory thereof, the court may order that the petitioners
continue as guardians of such child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other
than the State's Attorney acting in his or her official
capacity as guardian ad litem to represent a child sought
to be adopted. The guardian ad litem shall have power to
consent to the adoption of the child, if consent is
required.
(b) The court shall appoint a guardian ad litem for all
named minors or defendants who are persons under legal
disability, if any.
(c) The court lacks jurisdiction to proceed on the
petition for standby adoption if the child has a living
parent, adoptive parent, or adjudicated parent whose
rights have not been terminated and whose whereabouts are
known, unless the parent consents to the standby adoption
or, after receiving notice of the hearing on the standby
adoption petition, fails to object to the appointment of a
standby adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the
welfare of the child and shall determine whether the
petitioner or petitioners shall be permitted to adopt.

09900HB3079ham001 - 42 - LRB099 08115 HEP 32901 a
(Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572,
eff. 1-1-00.)
(750 ILCS 50/18.9 new)
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. Access to post-placement and post-adoption support
services to provide support and resources for wards of the
State, 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
post-placement and post-adoption support services.
(c) The Department shall post information about the
Department's post-placement and post-adoption support services
on the Department's website and 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. The Department's post-placement and
post-adoption support services shall be referenced in
information regarding adoptive parents' rights and

09900HB3079ham001 - 43 - LRB099 08115 HEP 32901 a
responsibilities that the Department publishes and provides to
adoptive parents under this Act. 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.
(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 services
information set forth in subsection (c) of this Section,
including the Department's toll-free number, to every adoptive
parent 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 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 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;

09900HB3079ham001 - 44 - LRB099 08115 HEP 32901 a
(3) the number of families who have contacted the
Department about its post-placement and post-adoption
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 ward of the Department, and if the child was not
a ward, 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,

09900HB3079ham001 - 45 - LRB099 08115 HEP 32901 a
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.".