Bill Text: IL SB0646 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Abused and Neglected Child Reporting Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB0646 Detail]

Download: Illinois-2017-SB0646-Enrolled.html



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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Child Care Act of 1969 is amended by
5changing Section 12 as follows:
6 (225 ILCS 10/12) (from Ch. 23, par. 2222)
7 Sec. 12. Advertisements.
8 (a) In this Section, "advertise" means communication by any
9public medium originating or distributed in this State,
10including, but not limited to, newspapers, periodicals,
11telephone book listings, outdoor advertising signs, radio, or
12television.
13 (b) A child care facility or child welfare agency licensed
14or operating under a permit issued by the Department may
15publish advertisements for the services that the facility is
16specifically licensed or issued a permit under this Act to
17provide. A person, group of persons, agency, association,
18organization, corporation, institution, center, or group who
19advertises or causes to be published any advertisement
20offering, soliciting, or promising to perform adoption
21services as defined in Section 2.24 of this Act is guilty of a
22Class A misdemeanor and shall be subject to a fine not to
23exceed $10,000 or 9 months imprisonment for each advertisement,

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1unless that person, group of persons, agency, association,
2organization, corporation, institution, center, or group is
3(i) licensed or operating under a permit issued by the
4Department as a child care facility or child welfare agency,
5(ii) a biological parent or a prospective adoptive parent
6acting on his or her own behalf, or (iii) a licensed attorney
7advertising his or her availability to provide legal services
8relating to adoption, as permitted by law.
9 (c) Every advertisement published after the effective date
10of this amendatory Act of the 94th General Assembly shall
11include the Department-issued license number of the facility or
12agency.
13 (d) Any licensed child welfare agency providing adoption
14services that, after the effective date of this amendatory Act
15of the 94th General Assembly, causes to be published an
16advertisement containing reckless or intentional
17misrepresentations concerning adoption services or
18circumstances material to the placement of a child for adoption
19is guilty of a Class A misdemeanor and is subject to a fine not
20to exceed $10,000 or 9 months imprisonment for each
21advertisement.
22 (e) An out-of-state agency that is not licensed in Illinois
23and that has a written interagency agreement with one or more
24Illinois licensed child welfare agencies may advertise under
25this Section, provided that (i) the out-of-state agency must be
26officially recognized by the United States Internal Revenue

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1Service as a tax-exempt organization under 501(c)(3) of the
2Internal Revenue Code of 1986 (or any successor provision of
3federal tax law), (ii) the out-of-state agency provides only
4international adoption services and is covered by the
5Intercountry Adoption Act of 2000, (iii) the out-of-state
6agency displays, in the advertisement, the license number of at
7least one of the Illinois licensed child welfare agencies with
8which it has a written agreement, and (iv) the advertisements
9pertain only to international adoption services. Subsection
10(d) of this Section shall apply to any out-of-state agencies
11described in this subsection (e).
12 (f) An advertiser, publisher, or broadcaster, including,
13but not limited to, newspapers, periodicals, telephone book
14publishers, outdoor advertising signs, radio stations, or
15television stations, who knowingly or recklessly advertises or
16publishes any advertisement offering, soliciting, or promising
17to perform adoption services, as defined in Section 2.24 of
18this Act, on behalf of a person, group of persons, agency,
19association, organization, corporation, institution, center,
20or group, not authorized to advertise under subsection (b) or
21subsection (e) of this Section, is guilty of a Class A
22misdemeanor and is subject to a fine not to exceed $10,000 or 9
23months imprisonment for each advertisement.
24 (g) The Department shall maintain a website listing child
25welfare agencies licensed by the Department that provide
26adoption services and other general information for biological

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1parents and adoptive parents. The website shall include, but
2not be limited to, agency addresses, phone numbers, e-mail
3addresses, website addresses, annual reports as referenced in
4Section 7.6 of this Act, agency license numbers, the Birth
5Parent Bill of Rights, the Adoptive Parents Bill of Rights, and
6the Department's complaint registry established under Section
79.1a of this Act. The Department shall adopt any rules
8necessary to implement this Section.
9 (h) Nothing in this Act shall prohibit a day care agency,
10day care center, day care home, or group day care home that
11does not provide or perform adoption services, as defined in
12Section 2.24 of this Act, from advertising or marketing the day
13care agency, day care center, day care home, or group day care
14home.
15(Source: P.A. 94-586, eff. 8-15-05.)
16 Section 10. The Abused and Neglected Child Reporting Act is
17amended by adding Section 7.4a as follows:
18 (325 ILCS 5/7.4a new)
19 Sec. 7.4a. Domestic violence co-location program.
20 (a) As used in this Section:
21 "Domestic violence co-location program" means a program,
22administered in partnership with a co-location program
23management entity, where domestic violence advocates who are
24trained in domestic violence services and employed through a

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1domestic violence provider are assigned to work in a field
2office of the Department of Children and Family Services
3alongside and in collaboration with child welfare
4investigators and caseworkers working with families where
5there are indicators of domestic violence.
6 "Domestic violence" has the meaning ascribed to it in the
7Illinois Domestic Violence Act of 1986.
8 "Co-location program management entity" means the
9organization that partners with the Department to administer
10the domestic violence co-location program.
11 (b) Subject to appropriations or the availability of other
12funds for this purpose, the Department may implement a 5-year
13pilot program of a domestic violence co-location program. The
14domestic violence co-location program shall be designed to
15improve child welfare interventions provided to families
16experiencing domestic violence in part by enhancing the safety
17and stability of children, reducing the number of children
18removed from their parents, and improving outcomes for children
19within their families through a strength-based and
20trauma-informed collaborative support program. The pilot
21program shall occur in no fewer than 3 Department offices.
22Additional sites may be added during the pilot program, and the
23pilot program may be expanded and converted into a permanent
24statewide program.
25 (c) The Department shall adopt rules and procedures and
26shall develop and facilitate training for the effective

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1implementation of the domestic violence co-location program.
2The Department shall adopt rules on the qualification
3requirements for domestic violence advocates participating in
4the pilot program.
5 (d) The Department shall track, collect, report on, and
6share data about domestic violence-affected families,
7including, but not limited to, data related to hotline calls,
8investigations, protective custody, cases referred to the
9juvenile court, and outcomes of the domestic violence
10co-location program.
11 (e) The Department may arrange for an independent,
12evidence-based evaluation of the domestic violence co-location
13program authorized and implemented under this Section to
14determine whether it is meeting its goals. The independent
15evidence-based evaluation may include, but is not limited to,
16data regarding: (i) the number of children removed from their
17parents; (ii) the number of children who remain with the
18non-offending parent; (iii) the number of indicated and
19unfounded investigative findings and corresponding allegations
20of maltreatment for the non-offending parent and domestic
21violence perpetrator; (iv) the number of referrals to the
22co-located domestic violence advocates; (v) the number of
23referrals for services; and (vi) the number of months that
24children remained in foster care whose cases involved the
25co-located domestic violence advocate.
26 (f) Following the expiration of the 5-year pilot program or

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1prior to the expiration of the pilot program, if there is
2evidence that the pilot program is effective, the domestic
3violence co-location program may expand into each county,
4investigative office of the Department of Children and Family
5Services, or purchase of service or other contracted private
6agency delivering intact family or foster care services in
7Illinois.
8 (g) Nothing in this Section shall be construed to breach
9the confidentiality protections provided under State law to
10domestic violence professionals, including co-located domestic
11violence advocates, in the provision of services to domestic
12violence victims as employees of domestic violence agencies or
13to any individual who receives services from domestic violence
14agencies.
15 Section 15. If and only if House Bill 1785 of the 100th
16General Assembly becomes law, then the Vital Records Act is
17amended by changing Section 17 as follows:
18 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
19 Sec. 17. (1) For a person born in this State, the State
20Registrar of Vital Records shall establish a new certificate of
21birth when he receives any of the following:
22 (a) A certificate of adoption as provided in Section 16
23 or a certified copy of the order of adoption together with
24 the information necessary to identify the original

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1 certificate of birth and to establish the new certificate
2 of birth; except that a new certificate of birth shall not
3 be established if so requested by the court ordering the
4 adoption, the adoptive parents, or the adopted person.
5 (b) A certificate of adoption or a certified copy of
6 the order of adoption entered in a court of competent
7 jurisdiction of any other state or country declaring
8 adopted a child born in the State of Illinois, together
9 with the information necessary to identify the original
10 certificate of birth and to establish the new certificate
11 of birth; except that a new certificate of birth shall not
12 be established if so requested by the court ordering the
13 adoption, the adoptive parents, or the adopted person.
14 (c) A request that a new certificate be established and
15 such evidence as required by regulation proving that such
16 person has been legitimatized, or that the circuit court,
17 the Department of Healthcare and Family Services (formerly
18 Illinois Department of Public Aid), or a court or
19 administrative agency of any other state has established
20 the paternity of such a person by judicial or
21 administrative processes or by voluntary acknowledgment,
22 which is accompanied by the social security numbers of all
23 persons determined and presumed to be the parents.
24 (d) A declaration by a licensed health care
25 professional or licensed mental health professional who
26 has treated or evaluated a person stating that the person

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1 has undergone treatment that is clinically appropriate for
2 that individual for the purpose of gender transition, based
3 on contemporary medical standards, or that the individual
4 has an intersex condition, and that the sex designation on
5 such person's birth record should therefore be changed. The
6 information in the declaration shall be proved by the
7 licensed health care professional or licensed mental
8 health professional signing and dating it in substantially
9 the following form: "I declare (or certify, verify, or
10 state) under penalty of perjury that the foregoing is true
11 and correct. Executed on (date).". The new certificate of
12 birth shall reflect any legal name change, so long as the
13 appropriate documentation of the name change is submitted.
14 Each request for a new certificate of birth shall be
15accompanied by a fee of $15 and entitles the applicant to one
16certification or certified copy of the new certificate. If the
17request is for additional copies, it shall be accompanied by a
18fee of $2 for each additional certification or certified copy.
19 (2) When a new certificate of birth is established, the
20actual place and date of birth shall be shown; provided, in the
21case of adoption of a person born in this State by parents who
22were residents of this State at the time of the birth of the
23adopted person, the place of birth may be shown as the place of
24residence of the adoptive parents at the time of such person's
25birth, if specifically requested by them, and any new
26certificate of birth established prior to the effective date of

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1this amendatory Act may be corrected accordingly if so
2requested by the adoptive parents or the adopted person when of
3legal age. The social security numbers of the parents shall not
4be recorded on the certificate of birth. The social security
5numbers may only be used for purposes allowed under federal
6law. The new certificate shall be substituted for the original
7certificate of birth:
8 (a) Thereafter, the original certificate and the
9 evidence of adoption, paternity, legitimation, or change
10 of sex designation shall not be subject to inspection or
11 certification except upon order of the circuit court,
12 request of the person named on the certificate of birth, or
13 as provided by regulation. If the new certificate was
14 issued subsequent to an adoption, then the evidence of
15 adoption is not subject to inspection or certification
16 except upon order of the circuit court or as provided by
17 rule, and the original certificate shall not be subject to
18 inspection until the adopted person has reached the age of
19 21; thereafter, the original certificate shall be made
20 available as provided by Section 18.1b of the Adoption Act,
21 and nothing in this subsection shall impede or prohibit
22 access to the original birth certificate under Section
23 18.1b of the Adoption Act.
24 (b) Upon receipt of notice of annulment of adoption,
25 the original certificate of birth shall be restored to its
26 place in the files, and the new certificate and evidence

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1 shall not be subject to inspection or certification except
2 upon order of the circuit court.
3 (3) If no certificate of birth is on file for the person
4for whom a new certificate is to be established under this
5Section, a delayed record of birth shall be filed with the
6State Registrar of Vital Records as provided in Section 14 or
7Section 15 of this Act before a new certificate of birth is
8established, except that when the date and place of birth and
9parentage have been established in the adoption proceedings, a
10delayed record shall not be required.
11 (4) When a new certificate of birth is established by the
12State Registrar of Vital Records, all copies of the original
13certificate of birth in the custody of any custodian of
14permanent local records in this State shall be transmitted to
15the State Registrar of Vital Records as directed, and shall be
16sealed from inspection except as provided by Section 18.1b of
17the Adoption Act.
18 (5) Nothing in this Section shall be construed to prohibit
19the amendment of a birth certificate in accordance with
20subsection (6) of Section 22.
21(Source: P.A. 97-110, eff. 7-14-11; 100HB1785eng.)
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