Bill Text: IL HB0703 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Adoption Act. In a Section concerning adoption between multiple jurisdictions, adds a statement of public policy. Provides that the Department of Children and Family Services shall promulgate procedures and requirements for interstate adoption placements of children and disseminate the information via specified channels no later than 30 days after the effective date of the amendatory Act. Provides that the Department may not require any further pre-adoption requirements. Provides that the procedures shall reflect the standard of review as stated in the Interstate Compact on the Placement of Children and approval shall be given by the Department if the placement appears not to be contrary to the best interests of the child. Adds provisions governing the timeline and procedures for interstate adoptions. Provides that communications concerning an interstate placement made between the Department and an Illinois licensed child welfare agency, an out-of-state child placing agency, and attorneys representing the prospective adoptive parent or biological parent may be made through any type of electronic means, including, but not limited to, electronic mail. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-06-27 - Sent to the Governor [HB0703 Detail]

Download: Illinois-2017-HB0703-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Adoption Act is amended by changing Section
54.1 as follows:
6 (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
7 Sec. 4.1. Adoption between multiple jurisdictions. It is
8the public policy of this State to promote child welfare in
9adoption between multiple jurisdictions by implementing
10standards that foster permanency for children in an expeditious
11manner while considering the best interests of the child as
12paramount. Ensuring that standards for interjurisdictional
13adoption are clear and applied consistently, efficiently, and
14reasonably will promote the best interests of the child in
15finding a permanent home.
16 (a) The Department of Children and Family Services shall
17promulgate rules regarding the approval and regulation of
18agencies providing, in this State, adoption services, as
19defined in Section 2.24 of the Child Care Act of 1969, which
20shall include, but not be limited to, a requirement that any
21agency shall be licensed in this State as a child welfare
22agency as defined in Section 2.08 of the Child Care Act of
231969. Any out-of-state agency, if not licensed in this State as

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1a child welfare agency, must obtain the approval of the
2Department in order to act as a sending agency, as defined in
3Section 1 of the Interstate Compact on Placement of Children
4Act, seeking to place a child into this State through a
5placement subject to the Interstate Compact on the Placement of
6Children. An out-of-state agency, if not licensed in this State
7as a child welfare agency, is prohibited from providing in this
8State adoption services, as defined by Section 2.24 of the
9Child Care Act of 1969; shall comply with Section 12C-70 of the
10Criminal Code of 2012; and shall provide all of the following
11to the Department:
12 (1) A copy of the agency's current license or other
13 form of authorization from the approving authority in the
14 agency's state. If no license or authorization is issued,
15 the agency must provide a reference statement, from the
16 approving authority, stating that the agency is authorized
17 to place children in foster care or adoption or both in its
18 jurisdiction.
19 (2) A description of the program, including home
20 studies, placements, and supervisions, that the child
21 placing agency conducts within its geographical area, and,
22 if applicable, adoptive placements and the finalization of
23 adoptions. The child placing agency must accept continued
24 responsibility for placement planning and replacement if
25 the placement fails.
26 (3) Notification to the Department of any significant

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1 child placing agency changes after approval.
2 (4) Any other information the Department may require.
3 The rules shall also provide that any agency that places
4children for adoption in this State may not, in any policy or
5practice relating to the placement of children for adoption,
6discriminate against any child or prospective adoptive parent
7on the basis of race.
8 (a-5) (Blank).
9 (b) Interstate adoptions.
10 (1) All interstate adoption placements under this Act
11 shall comply with the Child Care Act of 1969 and the
12 Interstate Compact on the Placement of Children. The
13 placement of children with relatives by the Department of
14 Children and Family Services shall also comply with
15 subsection (b) of Section 7 of the Children and Family
16 Services Act. The Department may promulgate rules to
17 implement interstate adoption placements, including those
18 requirements set forth in this Section.
19 (2) If an adoption is finalized prior to bringing or
20 sending a child to this State, compliance with the
21 Interstate Compact on the Placement of Children is not
22 required.
23 (3) Approval requirements. The Department shall
24 promulgate procedures for interstate adoption placements
25 of children under this Act. No later than 30 days after the
26 effective date of this amendatory Act of the 100th General

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1 Assembly, the Department shall distribute a written list of
2 all pre-adoption approval requirements to all Illinois
3 licensed child welfare agencies performing adoption
4 services, and all out-of-state agencies approved under
5 this Section, and shall post the requirements on the
6 Department's website. The Department may not require any
7 further pre-adoption requirements other than those set
8 forth in the procedures required under this paragraph. The
9 procedures shall reflect the standard of review as stated
10 in the Interstate Compact on the Placement of Children and
11 approval shall be given by the Department if the placement
12 appears not to be contrary to the best interests of the
13 child.
14 (4) Time for review and decision. In all cases where
15 the child to be placed is not a youth in care in Illinois
16 or any other state, a provisional or final approval for
17 placement shall be provided in writing from the Department
18 in accordance with the Interstate Compact on the Placement
19 of Children. Approval or denial of the placement must be
20 given by the Department as soon as practicable, but in no
21 event more than 3 business days of the receipt of the
22 completed referral packet by the Department's Interstate
23 Compact Administrator. Receipt of the packet shall be
24 evidenced by the packet's arrival at the address designated
25 by the Department to receive such referrals. The written
26 decision to approve or deny the placement shall be

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1 communicated in an expeditious manner, including, but not
2 limited to, electronic means referenced in paragraph
3 (b)(7) of this Section, and shall be provided to all
4 Illinois licensed child welfare agencies involved in the
5 placement, all out-of-state child placing agencies
6 involved in the placement, and all attorneys representing
7 the prospective adoptive parent or biological parent. If,
8 during its initial review of the packet, the Department
9 believes there are any incomplete or missing documents, or
10 missing information, as required in paragraph (b)(3), the
11 Department shall, as soon as practicable, but in no event
12 more than 2 business days of receipt of the packet,
13 communicate a list of any incomplete or missing documents
14 and information to all Illinois licensed child welfare
15 agencies involved in the placement, all out-of-state child
16 placing agencies involved in the placement, and all
17 attorneys representing the adoptive parent or biological
18 parent. This list shall be communicated in an expeditious
19 manner, including, but not limited to, electronic means
20 referenced in paragraph (b)(7) of this Section.
21 (5) Denial of approval. In all cases where the child to
22 be placed is not a youth in the care of any state, if the
23 Department denies approval of an interstate placement, the
24 written decision referenced in paragraph (b)(4) of this
25 Section shall set forth the reason or reasons why the
26 placement was not approved and shall reference which

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1 requirements under paragraph (b)(3) of this Section were
2 not met. The written decision shall be communicated in an
3 expeditious manner, including, but not limited to,
4 electronic means referenced in paragraph (b)(7) of this
5 Section, to all Illinois licensed child welfare agencies
6 involved in the placement, all out-of-state child placing
7 agencies involved in the placement, and all attorneys
8 representing the prospective adoptive parent or biological
9 parent.
10 (6) Provisional approval. Nothing in paragraphs (b)(3)
11 through (b)(5) of this Section shall preclude the
12 Department from issuing provisional approval of the
13 placement pending receipt of any missing or incomplete
14 documents or information.
15 (7) Electronic communication. All communications
16 concerning an interstate placement made between the
17 Department and an Illinois licensed child welfare agency,
18 an out-of-state child placing agency, and attorneys
19 representing the prospective adoptive parent or biological
20 parent, including the written communications referenced in
21 this Section, may be made through any type of electronic
22 means, including, but not limited to, electronic mail.
23 (c) Intercountry adoptions. The adoption of a child, if the
24child is a habitual resident of a country other than the United
25States and the petitioner is a habitual resident of the United
26States, or, if the child is a habitual resident of the United

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1States and the petitioner is a habitual resident of a country
2other than the United States, shall comply with the
3Intercountry Adoption Act of 2000, as amended, and the
4Immigration and Nationality Act, as amended. In the case of an
5intercountry adoption that requires oversight by the adoption
6services governed by the Intercountry Adoption Universal
7Accreditation Act of 2012, this State shall not impose any
8additional preadoption requirements.
9 (d) (Blank).
10 (e) Re-adoption after an intercountry adoption.
11 (1) Any time after a minor child has been adopted in a
12 foreign country and has immigrated to the United States,
13 the adoptive parent or parents of the child may petition
14 the court for a judgment of adoption to re-adopt the child
15 and confirm the foreign adoption decree.
16 (2) The petitioner must submit to the court one or more
17 of the following to verify the foreign adoption:
18 (i) an immigrant visa for the child issued by
19 United States Citizenship and Immigration Services of
20 the U.S. Department of Homeland Security that was valid
21 at the time of the child's immigration;
22 (ii) a decree, judgment, certificate of adoption,
23 adoption registration, or equivalent court order,
24 entered or issued by a court of competent jurisdiction
25 or administrative body outside the United States,
26 establishing the relationship of parent and child by

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1 adoption; or
2 (iii) such other evidence deemed satisfactory by
3 the court.
4 (3) The child's immigrant visa shall be prima facie
5 proof that the adoption was established in accordance with
6 the laws of the foreign jurisdiction and met United States
7 requirements for immigration.
8 (4) If the petitioner submits documentation that
9 satisfies the requirements of paragraph (2), the court
10 shall not appoint a guardian ad litem for the minor who is
11 the subject of the proceeding, shall not require any
12 further termination of parental rights of the child's
13 biological parents, nor shall it require any home study,
14 investigation, post-placement visit, or background check
15 of the petitioner.
16 (5) The petition may include a request for change of
17 the child's name and any other request for specific relief
18 that is in the best interests of the child. The relief may
19 include a request for a revised birth date for the child if
20 supported by evidence from a medical or dental professional
21 attesting to the appropriate age of the child or other
22 collateral evidence.
23 (6) Two adoptive parents who adopted a minor child
24 together in a foreign country while married to one another
25 may file a petition for adoption to re-adopt the child
26 jointly, regardless of whether their marriage has been

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1 dissolved. If either parent whose marriage was dissolved
2 has subsequently remarried or entered into a civil union
3 with another person, the new spouse or civil union partner
4 shall not join in the petition to re-adopt the child,
5 unless the new spouse or civil union partner is seeking to
6 adopt the child. If either adoptive parent does not join in
7 the petition, he or she must be joined as a party
8 defendant. The defendant parent's failure to participate
9 in the re-adoption proceeding shall not affect the existing
10 parental rights or obligations of the parent as they relate
11 to the minor child, and the parent's name shall be placed
12 on any subsequent birth record issued for the child as a
13 result of the re-adoption proceeding.
14 (7) An adoptive parent who adopted a minor child in a
15 foreign country as an unmarried person may file a petition
16 for adoption to re-adopt the child as a sole petitioner,
17 even if the adoptive parent has subsequently married or
18 entered into a civil union.
19 (8) If one of the adoptive parents who adopted a minor
20 child dies prior to a re-adoption proceeding, the deceased
21 parent's name shall be placed on any subsequent birth
22 record issued for the child as a result of the re-adoption
23 proceeding.
24(Source: P.A. 98-455, eff. 1-1-14; 99-49, eff. 7-15-15.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.
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