Bill Text: IL HB2809 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Adoption Act. Defines "habitual residence" and deletes the definitions of "foreign placing agency" and "Intercountry Adoption Coordinator". Replaces language concerning the placement of children under the Act with provisions concerning: the placement of out-of-state children into Illinois; private placing agencies; and intercountry adoptions. Provides that if an office of the Interstate Compact on the Placement of Children of any state is presented with a complete interstate referral packet regarding Illinois residents or a child born or residing in Illinois, a court of competent jurisdiction is authorized to approve the placement if all applicable laws have been substantially complied with in the placement referral and the office: (i) refuses to process the interstate referral; (ii) fails to make a decision on the interstate referral within 3 business days of the receipt of the complete referral packet; or (iii) denies approval of the interstate referral for reasons contrary to the child's best interest. Provides that in the case of a child born outside the United States one of its territories, a post-placement investigation shall be conducted in accordance with the requirements of, among other Acts, the Intercountry Adoption Act of 2000 (instead of "regulations of the foreign placing agency and the supervising agency").

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0455 [HB2809 Detail]

Download: Illinois-2013-HB2809-Chaptered.html

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Public Act 098-0455
HB2809 Enrolled LRB098 10935 HEP 41501 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing Sections
1, 2.1, 4.1, and 6 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
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 or marriage:
parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
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
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 5 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
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)
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
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, or (ii) to make
reasonable progress toward the return of the child to the
parent within 9 months after an 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 (iii) to make reasonable progress toward the return of
the child to the parent during any 9-month period after the
end of the initial 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. 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 (I)
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 within 9 months
after the adjudication under Section 2-3 or 2-4 of the
Juvenile Court Act of 1987 and (II) 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 after the end of
the initial 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 (iii) 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
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
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
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
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
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 the father or mother of a lawful child of
the parties or child born out of wedlock. For the purpose of
this Act, a person who has executed a final and irrevocable

consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the
subject of the consent or surrender, unless the consent is void
pursuant to subsection O of Section 10.
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
the singular and the "male" includes the "female", as the

context of this Act may require.
H. "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. "Foreign placing agency" is an agency
or individual operating in a country or territory outside the
United States that is authorized by its country to place
children for adoption either directly with families in the
United States or through United States based international
agencies.
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. "Intercountry Adoption Coordinator" means is 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. by the public and

private sector to prospective parents of foreign-born
children.
M. "Interstate Compact on the Placement of Children" is a
law enacted by all most states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank) "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State are any conditions established by the laws or
regulations of the Federal Government or of each 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
(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
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).
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. "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
who is the subject of an intercountry adoption.
W. "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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(750 ILCS 50/2.1) (from Ch. 40, par. 1503)
Sec. 2.1. This Act shall be construed in concert with the
Juvenile Court Act of 1987, the Child Care Act of 1969, and the
Interstate Compact on the Placement of Children, and the
Intercountry Adoption Act of 2000.
(Source: P.A. 85-1209.)
(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
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.
Except for children placed with relatives by the Department of
Children and Family Services pursuant to subsection (b) of
Section 7 of the Children and Family Services Act, placements
under this Act shall comply with the Child Care Act of 1969 and
the Interstate Compact on the Placement of Children. Placements
of children born outside the United States or a territory
thereof shall comply with rules promulgated by the United
States Department of Immigration and Naturalization.
Rules promulgated by the Department of Children and Family
Services shall include but not be limited to the following:
(a) Any agency providing adoption services as defined in
Section 2.24 of the Child Care Act of 1969 in this State:
(i) Shall be licensed in this State as a child welfare
agency as defined in Section 2.08 of the Child Care Act of
1969; or
(ii) Shall be licensed as a child placement agency in a
state which is a party to the Interstate Compact on the
Placement of Children and shall be approved by the

Department to place children into Illinois in accordance
with subsection (a-5) of this Section; or
(iii) Shall be licensed as a child placement agency in
a country other than the United States or, if located in
such a country but not so licensed, shall provide
information such as a license or court document which
authorizes that agency to place children for adoption and
to establish that such agency has legal authority to place
children for adoption; or
(iv) Shall be a child placement agency which is so
licensed in a non-compact state and shall be approved by
the Department to place children into Illinois in
accordance with subsection (a-5) of this Section, if such
agency first files with the Department of Children and
Family Services a bond with surety in the amount of $5,000
for each such child to ensure that such child shall not
become a public charge upon this State. Such bond shall
remain in effect until a judgment for adoption is entered
with respect to such child pursuant to this Act. The
Department of Children and Family Services may accept, in
lieu of such bond, a written agreement with such agency
which provides that such agency shall be liable for all
costs associated with the placement of such child in the
event a judgment of adoption is not entered, upon such
terms and conditions as the Department deems appropriate.
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). Out-of-state private placing agencies that
seek to place children into Illinois for the purpose of foster
care or adoption shall provide all of the following to the
Department:
(i) A copy of the agency's current license or other
form of authorization from the approving authority in the
agency's state. If no such license or authorization is
issued, the agency must provide a reference statement from
the approving authority stating the agency is authorized to
place children in foster care or adoption or both in its
jurisdiction.
(ii) 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.
(iii) Notification to the Department of any
significant child placing agency changes after approval.
(iv) Any other information the Department may require.
If the adoption is finalized prior to bringing or sending

the child to Illinois, Department approval of the out-of-state
child placing agency involved is not required under this
Section, nor is compliance with the Interstate Compact on the
Placement of Children.
(b) Interstate Adoptions.
(1) All interstate adoption placements under this Act
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.
As an alternative to requiring the bond provided for in
paragraph (a)(iv) of this Section, the Department of Children
and Family Services may require the filing of such a bond by
the individual or individuals seeking to adopt such a child
through placement of such child by a child placement agency
located in a state which is not a party to the Interstate
Compact on the Placement of Children.
(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.
(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
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.
(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
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.
(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
case.
In the case of any foreign-born child brought to the United
States for adoption in this State, the following preadoption
requirements shall be met:
(1) Documentation that the child is legally free for
adoption prior to entry into the United States shall be
submitted.
(2) A medical report on the child, by authorized
medical personnel in the country of the child's origin,
shall be provided when such personnel are available.
(3) Verification that the adoptive family has been
licensed as a foster family home pursuant to the Child Care
Act of 1969, as now or hereafter amended, shall be
provided.
(4) A valid home study conducted by a licensed child
welfare agency that complies with guidelines established

by the United States Immigration and Naturalization
Service at 8 CFR 204.4(d)(2)(i), as now or hereafter
amended, shall be submitted. A home study is considered
valid if it contains:
(i) A factual evaluation of the financial,
physical, mental and moral capabilities of the
prospective parent or parents to rear and educate the
child properly.
(ii) A detailed description of the living
accommodations where the prospective parent or parents
currently reside.
(iii) A detailed description of the living
accommodations in the United States where the child
will reside, if known.
(iv) A statement or attachment recommending the
proposed adoption signed by an official of the child
welfare agency which has conducted the home study.
(5) The placing agency located in a non-compact state
or a family desiring to adopt through an authorized
placement party in a non-compact state or a foreign country
shall file with the Department of Children and Family
Services a bond with surety in the amount of $5,000 as
protection that a foreign-born child accepted for care or
supervision not become a public charge upon the State of
Illinois.
(6) In lieu of the $5,000 bond, the placement agency

may sign a binding agreement with the Department of
Children and Family Services to assume full liability for
all placements should, for any reason, the adoption be
disrupted or not be completed, including financial and
planning responsibility until the child is either returned
to the country of its origin or placed with a new adoptive
family in the United States and that adoption is finalized.
(7) Compliance with the requirements of the Interstate
Compact on the Placement of Children, when applicable,
shall be demonstrated.
(8) When a child is adopted in a foreign country and a
final, complete and valid Order of Adoption is issued in
that country, as determined by both the United States
Department of State and the United States Department of
Justice, this State shall not impose any additional
preadoption requirements. The adoptive family, however,
must comply with applicable requirements of the United
States Department of Immigration and Naturalization as
provided in 8 CFR 204.4 (d)(2)(ii), as now or hereafter
amended.
(d) (Blank). The Department of Children and Family Services
shall maintain the office of Intercountry Adoption
Coordinator, shall maintain and protect the rights of families
and children participating in adoption of foreign born
children, and shall develop ongoing programs of support and
services to such families and children. The Intercountry

Adoption Coordinator shall determine that all preadoption
requirements have been met and report such information to the
Department of Immigration and Naturalization.
(Source: P.A. 94-586, eff. 8-15-05.)
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days after
the filing of a petition for the adoption or standby adoption
of a child other than a related child, the court shall appoint
a child welfare agency approved by the Department of Children
and Family Services, or a person deemed competent by the court,
or in Cook County the Court Services Division of the Cook
County Department of Public Aid, or the Department of Children
and Family Services if the court determines that no child
welfare agency is available or that the petitioner is
financially unable to pay for the investigation, to investigate
accurately, fully and promptly, the allegations contained in
the petition; the character, reputation, health and general
standing in the community of the petitioners; the religious
faith of the petitioners and, if ascertainable, of the child
sought to be adopted; and whether the petitioners are proper
persons to adopt the child and whether the child is a proper
subject of adoption. The investigation required under this
Section shall include a fingerprint based criminal background
check with a review of fingerprints by the Illinois State
Police and Federal Bureau of Investigation. Each petitioner

subject to this investigation, shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history records check, which shall
be deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The criminal
background check required by this Section shall include a
listing of when, where and by whom the criminal background
check was prepared. The criminal background check required by
this Section shall not be more than two years old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint review
be filed with, or at the same time as, an initial petition for
adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof, in
addition to the investigation required under subsection (A) of
this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child Care
Act of 1969, the Interstate Compact on the Placement of
Children, and the Intercountry Adoption Act of 2000 regulations
of the foreign placing agency and the supervising agency.

The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine
whether the costs of the investigation shall be charged to the
petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners. The
Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are contained
therein, and in that event the court shall inform the
petitioners of the relevant portions pertaining to the adverse
findings. In no event shall any facts set forth in the report
be considered at the hearing of the proceeding, unless
established by competent evidence. The report shall be filed

with the record of the proceeding. If the file relating to the
proceeding is not impounded, the report shall be impounded by
the clerk of the court and shall be made available for
inspection only upon order of the court.
D. Related adoption. Such investigation shall not be made
when the petition seeks to adopt a related child or an adult
unless the court, in its discretion, shall so order. In such an
event the court may appoint a person deemed competent by the
court.
(Source: P.A. 93-418, eff. 1-1-04.)