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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Child Care Act of 1969 is amended by adding | ||||||
5 | Sections 2.30, 2.31, 2.32, 2.33, and 2.34 as follows:
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6 | (225 ILCS 10/2.30 new) | ||||||
7 | Sec. 2.30. Placement disruption. "Placement disruption" | ||||||
8 | means a circumstance where the child is removed from an | ||||||
9 | adoptive placement before the adoption is finalized.
| ||||||
10 | (225 ILCS 10/2.31 new) | ||||||
11 | Sec. 2.31. Secondary placement. "Secondary placement" | ||||||
12 | means a placement, including but not limited to the placement | ||||||
13 | of a ward of the Department, that occurs after a placement | ||||||
14 | disruption or adoption dissolution. "Secondary placement" does | ||||||
15 | not mean secondary placements arising due to the death of the | ||||||
16 | adoptive parent of the child.
| ||||||
17 | (225 ILCS 10/2.32 new) | ||||||
18 | Sec. 2.32. Adoption dissolution. "Adoption dissolution" | ||||||
19 | means a circumstance where the child is removed from an | ||||||
20 | adoptive placement after the adoption is finalized.
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| |||||||
1 | (225 ILCS 10/2.33 new) | ||||||
2 | Sec. 2.33. Unregulated placement. "Unregulated placement" | ||||||
3 | means the secondary placement of a child that occurs without | ||||||
4 | the oversight of the courts, the Department, or a licensed | ||||||
5 | child welfare agency.
| ||||||
6 | (225 ILCS 10/2.34 new) | ||||||
7 | Sec. 2.34. Post-placement and post-adoption support | ||||||
8 | services. "Post-placement and post-adoption support services" | ||||||
9 | means support services for placed or adopted children and | ||||||
10 | families that include, but are not limited to, counseling for | ||||||
11 | emotional, behavioral, or developmental needs.
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12 | Section 10. The Adoption Act is amended by changing | ||||||
13 | Sections 1, 2, 4.1, 5, and 13 and by adding Section 18.9 as | ||||||
14 | follows:
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15 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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16 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
17 | context
otherwise requires:
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18 | A. "Child" means a person under legal age subject to | ||||||
19 | adoption under
this Act.
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20 | B. "Related child" means a child subject to adoption where | ||||||
21 | either or both of
the adopting parents stands in any of the | ||||||
22 | following relationships to the child
by blood, marriage, | ||||||
23 | adoption, or civil union: parent, grand-parent, |
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1 | great-grandparent, brother, sister, step-parent,
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2 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
3 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
4 | person is related to the child as a first cousin or second | ||||||
5 | cousin if they are both related to the same ancestor as either | ||||||
6 | grandchild or great-grandchild. A child whose parent has | ||||||
7 | executed
a consent to adoption, a surrender, or a waiver | ||||||
8 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
9 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
10 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
11 | her parental rights
terminated, is not a related child to that | ||||||
12 | person, unless (1) the consent is
determined to be void or is | ||||||
13 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
14 | the parent of the child executed a consent to adoption by a | ||||||
15 | specified person or persons pursuant to subsection A-1 of | ||||||
16 | Section 10 of this Act and a court of competent jurisdiction | ||||||
17 | finds that such consent is void; or (3) the order terminating | ||||||
18 | the parental rights of the parent is vacated by a court of | ||||||
19 | competent jurisdiction.
| ||||||
20 | C. "Agency" for the purpose of this Act means a public | ||||||
21 | child welfare agency
or a licensed child welfare agency.
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22 | D. "Unfit person" means any person whom the court shall | ||||||
23 | find to be unfit
to have a child, without regard to the | ||||||
24 | likelihood that the child will be
placed for adoption. The | ||||||
25 | grounds of unfitness are any one or more
of the following, | ||||||
26 | except that a person shall not be considered an unfit
person |
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1 | for the sole reason that the person has relinquished a child in
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2 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
3 | (a) Abandonment of the child.
| ||||||
4 | (a-1) Abandonment of a newborn infant in a hospital.
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5 | (a-2) Abandonment of a newborn infant in any setting | ||||||
6 | where the evidence
suggests that the parent intended to | ||||||
7 | relinquish his or her parental rights.
| ||||||
8 | (b) Failure to maintain a reasonable degree of | ||||||
9 | interest, concern or
responsibility as to the child's | ||||||
10 | welfare.
| ||||||
11 | (c) Desertion of the child for more than 3 months next | ||||||
12 | preceding the
commencement of the Adoption proceeding.
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13 | (d) Substantial neglect
of the
child if continuous or | ||||||
14 | repeated.
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15 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
16 | of any child
residing in the household which resulted in | ||||||
17 | the death of that child.
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18 | (e) Extreme or repeated cruelty to the child.
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19 | (f) There is a rebuttable presumption, which can be | ||||||
20 | overcome only by clear and convincing evidence, that a | ||||||
21 | parent is unfit if:
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22 | (1) Two or more findings of physical abuse have | ||||||
23 | been entered regarding any children under Section 2-21 | ||||||
24 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
25 | which was determined by the juvenile court
hearing the | ||||||
26 | matter to be supported by clear and convincing |
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1 | evidence; or | ||||||
2 | (2) The parent has been convicted or found not | ||||||
3 | guilty by reason of insanity and the conviction or | ||||||
4 | finding resulted from the death of any child by | ||||||
5 | physical abuse; or
| ||||||
6 | (3) There is a finding of physical child abuse | ||||||
7 | resulting from the death of any
child under Section | ||||||
8 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
9 | No conviction or finding of delinquency pursuant | ||||||
10 | to Article V of the Juvenile Court Act of 1987 shall be | ||||||
11 | considered a criminal conviction for the purpose of | ||||||
12 | applying any presumption under this item (f).
| ||||||
13 | (g) Failure to protect the child from conditions within | ||||||
14 | his environment
injurious to the child's welfare.
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15 | (h) Other neglect of, or misconduct toward the child; | ||||||
16 | provided that in
making a finding of unfitness the court | ||||||
17 | hearing the adoption proceeding
shall not be bound by any | ||||||
18 | previous finding, order or judgment affecting
or | ||||||
19 | determining the rights of the parents toward the child | ||||||
20 | sought to be adopted
in any other proceeding except such | ||||||
21 | proceedings terminating parental rights
as shall be had | ||||||
22 | under either this Act, the Juvenile Court Act or
the | ||||||
23 | Juvenile Court Act of 1987.
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24 | (i) Depravity. Conviction of any one of the following
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25 | crimes shall create a presumption that a parent is depraved | ||||||
26 | which can be
overcome only by clear and convincing |
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1 | evidence:
(1) first degree murder in violation of paragraph | ||||||
2 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
4 | second degree murder in violation of subsection (a) of | ||||||
5 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012 of a parent of the child to be adopted; (2)
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7 | first degree murder or second degree murder of any child in
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8 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
9 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
10 | murder or second degree murder
of any child in violation of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
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12 | solicitation to commit murder of any child, solicitation to
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13 | commit murder of any child for hire, or solicitation to | ||||||
14 | commit second
degree murder of any child in violation of | ||||||
15 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
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16 | predatory criminal sexual assault of a child in violation | ||||||
17 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
19 | child in violation of the Criminal Code of 1961; or (7) | ||||||
20 | aggravated battery of any child in violation of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012.
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22 | There is a rebuttable presumption that a parent is | ||||||
23 | depraved if the parent
has been criminally convicted of at | ||||||
24 | least 3 felonies under the laws of this
State or any other | ||||||
25 | state, or under federal law, or the criminal laws of any
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26 | United States territory; and at least
one of these
|
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1 | convictions took place within 5 years of the filing of the | ||||||
2 | petition or motion
seeking termination of parental rights.
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3 | There is a rebuttable presumption that a parent is | ||||||
4 | depraved if that
parent
has
been criminally convicted of | ||||||
5 | either first or second degree murder of any person
as | ||||||
6 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
7 | of 2012 within 10 years of the filing date of
the petition | ||||||
8 | or motion to terminate parental rights. | ||||||
9 | No conviction or finding of delinquency pursuant to | ||||||
10 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
11 | considered a criminal conviction for the purpose of | ||||||
12 | applying any presumption under this item (i).
| ||||||
13 | (j) Open and notorious adultery or fornication.
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14 | (j-1) (Blank).
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15 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
16 | than those
prescribed by a physician, for at least one year | ||||||
17 | immediately
prior to the commencement of the unfitness | ||||||
18 | proceeding.
| ||||||
19 | There is a rebuttable presumption that a parent is | ||||||
20 | unfit under this
subsection
with respect to any child to | ||||||
21 | which that parent gives birth where there is a
confirmed
| ||||||
22 | test result that at birth the child's blood, urine, or | ||||||
23 | meconium contained any
amount of a controlled substance as | ||||||
24 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
25 | Controlled Substances Act or metabolites of such | ||||||
26 | substances, the
presence of which in the newborn infant was |
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1 | not the result of medical treatment
administered to the | ||||||
2 | mother or the newborn infant; and the biological mother of
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3 | this child is the biological mother of at least one other | ||||||
4 | child who was
adjudicated a neglected minor under | ||||||
5 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
6 | 1987.
| ||||||
7 | (l) Failure to demonstrate a reasonable degree of | ||||||
8 | interest, concern or
responsibility as to the welfare of a | ||||||
9 | new born child during the first 30
days after its birth.
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10 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
11 | to correct the
conditions that were the basis for the | ||||||
12 | removal of the child from the
parent during any 9-month | ||||||
13 | period following the adjudication of neglected or abused | ||||||
14 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
15 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
16 | to make reasonable progress
toward the return of the
child | ||||||
17 | to the parent during any 9-month period following the | ||||||
18 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
19 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
20 | Section 2-4 of that Act.
If a service plan has been | ||||||
21 | established as
required under
Section 8.2 of the Abused and | ||||||
22 | Neglected Child Reporting Act to correct the
conditions | ||||||
23 | that were the basis for the removal of the child from the | ||||||
24 | parent
and if those services were available,
then, for | ||||||
25 | purposes of this Act, "failure to make reasonable progress | ||||||
26 | toward the
return of the child to the parent" includes the |
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1 | parent's failure to substantially fulfill his or her | ||||||
2 | obligations
under
the service plan and correct the | ||||||
3 | conditions that brought the child into care
during any | ||||||
4 | 9-month period
following the adjudication under Section | ||||||
5 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
6 | Notwithstanding any other provision, when a petition or | ||||||
7 | motion seeks to terminate parental rights on the basis of | ||||||
8 | item (ii) of this subsection (m), the petitioner shall file | ||||||
9 | with the court and serve on the parties a pleading that | ||||||
10 | specifies the 9-month period or periods relied on. The | ||||||
11 | pleading shall be filed and served on the parties no later | ||||||
12 | than 3 weeks before the date set by the court for closure | ||||||
13 | of discovery, and the allegations in the pleading shall be | ||||||
14 | treated as incorporated into the petition or motion. | ||||||
15 | Failure of a respondent to file a written denial of the | ||||||
16 | allegations in the pleading shall not be treated as an | ||||||
17 | admission that the allegations are true.
| ||||||
18 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
19 | child
has been in foster care for 15 months out of any 22 | ||||||
20 | month period which begins
on or after the effective date of | ||||||
21 | this amendatory Act of 1998 unless the
child's parent can | ||||||
22 | prove
by a preponderance of the evidence that it is more | ||||||
23 | likely than not that it will
be in the best interests of | ||||||
24 | the child to be returned to the parent within 6
months of | ||||||
25 | the date on which a petition for termination of parental | ||||||
26 | rights is
filed under the Juvenile Court Act of 1987. The |
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1 | 15 month time limit is tolled
during
any period for which | ||||||
2 | there is a court finding that the appointed custodian or
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3 | guardian failed to make reasonable efforts to reunify the | ||||||
4 | child with his or her
family, provided that (i) the finding | ||||||
5 | of no reasonable efforts is made within
60 days of the | ||||||
6 | period when reasonable efforts were not made or (ii) the | ||||||
7 | parent
filed a motion requesting a finding of no reasonable | ||||||
8 | efforts within 60 days of
the period when reasonable | ||||||
9 | efforts were not made. For purposes of this
subdivision | ||||||
10 | (m-1), the date of entering foster care is the earlier of: | ||||||
11 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
12 | hearing that the child is an abused,
neglected, or | ||||||
13 | dependent minor; or (ii) 60 days after the date on which | ||||||
14 | the
child is removed from his or her parent, guardian, or | ||||||
15 | legal custodian.
| ||||||
16 | (n) Evidence of intent to forgo his or her parental | ||||||
17 | rights,
whether or
not the child is a ward of the court, | ||||||
18 | (1) as manifested
by his or her failure for a period of 12 | ||||||
19 | months: (i) to visit the child,
(ii) to communicate with | ||||||
20 | the child or agency, although able to do so and
not | ||||||
21 | prevented from doing so by an agency or by court order, or | ||||||
22 | (iii) to
maintain contact with or plan for the future of | ||||||
23 | the child, although physically
able to do so, or (2) as | ||||||
24 | manifested by the father's failure, where he
and the mother | ||||||
25 | of the child were unmarried to each other at the time of | ||||||
26 | the
child's birth, (i) to commence legal proceedings to |
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1 | establish his paternity
under the Illinois Parentage Act of | ||||||
2 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
3 | within 30 days of being informed, pursuant to Section 12a
| ||||||
4 | of this Act, that he is the father or the likely father of | ||||||
5 | the child or,
after being so informed where the child is | ||||||
6 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
7 | to make a good faith effort to pay a reasonable
amount of | ||||||
8 | the expenses related to the birth of the child and to | ||||||
9 | provide a
reasonable amount for the financial support of | ||||||
10 | the child, the court to
consider in its determination all | ||||||
11 | relevant circumstances, including the
financial condition | ||||||
12 | of both parents; provided that the ground for
termination | ||||||
13 | provided in this subparagraph (n)(2)(ii) shall only be
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14 | available where the petition is brought by the mother or | ||||||
15 | the husband of
the mother.
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16 | Contact or communication by a parent with his or her | ||||||
17 | child that does not
demonstrate affection and concern does | ||||||
18 | not constitute reasonable contact
and planning under | ||||||
19 | subdivision (n). In the absence of evidence to the
| ||||||
20 | contrary, the ability to visit, communicate, maintain | ||||||
21 | contact, pay
expenses and plan for the future shall be | ||||||
22 | presumed. The subjective intent
of the parent, whether | ||||||
23 | expressed or otherwise, unsupported by evidence of
the | ||||||
24 | foregoing parental acts manifesting that intent, shall not | ||||||
25 | preclude a
determination that the parent has intended to | ||||||
26 | forgo his or her
parental
rights. In making this |
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1 | determination, the court may consider but shall not
require | ||||||
2 | a showing of diligent efforts by an authorized agency to | ||||||
3 | encourage
the parent to perform the acts specified in | ||||||
4 | subdivision (n).
| ||||||
5 | It shall be an affirmative defense to any allegation | ||||||
6 | under paragraph
(2) of this subsection that the father's | ||||||
7 | failure was due to circumstances
beyond his control or to | ||||||
8 | impediments created by the mother or any other
person | ||||||
9 | having legal custody. Proof of that fact need only be by a
| ||||||
10 | preponderance of the evidence.
| ||||||
11 | (o) Repeated or continuous failure by the parents, | ||||||
12 | although physically
and financially able, to provide the | ||||||
13 | child with adequate food, clothing,
or shelter.
| ||||||
14 | (p) Inability to discharge parental responsibilities | ||||||
15 | supported by
competent evidence from a psychiatrist, | ||||||
16 | licensed clinical social
worker, or clinical psychologist | ||||||
17 | of mental
impairment, mental illness or an intellectual | ||||||
18 | disability as defined in Section
1-116 of the Mental Health | ||||||
19 | and Developmental Disabilities Code, or
developmental | ||||||
20 | disability as defined in Section 1-106 of that Code, and
| ||||||
21 | there is sufficient justification to believe that the | ||||||
22 | inability to
discharge parental responsibilities shall | ||||||
23 | extend beyond a reasonable
time period. However, this | ||||||
24 | subdivision (p) shall not be construed so as to
permit a | ||||||
25 | licensed clinical social worker to conduct any medical | ||||||
26 | diagnosis to
determine mental illness or mental |
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| |||||||
1 | impairment.
| ||||||
2 | (q) (Blank).
| ||||||
3 | (r) The child is in the temporary custody or | ||||||
4 | guardianship of the
Department of Children and Family | ||||||
5 | Services, the parent is incarcerated as a
result of | ||||||
6 | criminal conviction at the time the petition or motion for
| ||||||
7 | termination of parental rights is filed, prior to | ||||||
8 | incarceration the parent had
little or no contact with the | ||||||
9 | child or provided little or no support for the
child, and | ||||||
10 | the parent's incarceration will prevent the parent from | ||||||
11 | discharging
his or her parental responsibilities for the | ||||||
12 | child for a period in excess of 2
years after the filing of | ||||||
13 | the petition or motion for termination of parental
rights.
| ||||||
14 | (s) The child is in the temporary custody or | ||||||
15 | guardianship of the
Department of Children and Family | ||||||
16 | Services, the parent is incarcerated at the
time the | ||||||
17 | petition or motion for termination of parental rights is | ||||||
18 | filed, the
parent has been repeatedly incarcerated as a | ||||||
19 | result of criminal convictions,
and the parent's repeated | ||||||
20 | incarceration has prevented the parent from
discharging | ||||||
21 | his or her parental responsibilities for the child.
| ||||||
22 | (t) A finding that at birth the child's blood,
urine, | ||||||
23 | or meconium contained any amount of a controlled substance | ||||||
24 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
25 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
26 | substance, with the exception of
controlled substances or |
| |||||||
| |||||||
1 | metabolites of such substances, the presence of which
in | ||||||
2 | the newborn infant was the result of medical treatment | ||||||
3 | administered to the
mother or the newborn infant, and that | ||||||
4 | the biological mother of this child is
the biological | ||||||
5 | mother of at least one other child who was adjudicated a
| ||||||
6 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
7 | Juvenile Court Act
of 1987, after which the biological | ||||||
8 | mother had the opportunity to enroll in
and participate in | ||||||
9 | a clinically appropriate substance abuse
counseling, | ||||||
10 | treatment, and rehabilitation program.
| ||||||
11 | E. "Parent" means a person who is the legal mother or legal | ||||||
12 | father of the child as defined in subsection X or Y of this | ||||||
13 | Section. For the purpose of this Act, a parent who has executed | ||||||
14 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
15 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
16 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
17 | of this Act, or whose parental rights have been terminated by a | ||||||
18 | court, is not a parent of the child who was the subject of the | ||||||
19 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
20 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
21 | the person executed a consent to adoption by a specified person | ||||||
22 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
23 | and a court of competent jurisdiction finds that the consent is | ||||||
24 | void; or (3) the order terminating the parental rights of the | ||||||
25 | person is vacated by a court of competent jurisdiction.
| ||||||
26 | F. A person is available for adoption when the person is:
|
| |||||||
| |||||||
1 | (a) a child who has been surrendered for adoption to an | ||||||
2 | agency and to
whose adoption the agency has thereafter | ||||||
3 | consented;
| ||||||
4 | (b) a child to whose adoption a person authorized by | ||||||
5 | law, other than his
parents, has consented, or to whose | ||||||
6 | adoption no consent is required pursuant
to Section 8 of | ||||||
7 | this Act;
| ||||||
8 | (c) a child who is in the custody of persons who intend | ||||||
9 | to adopt him
through placement made by his parents;
| ||||||
10 | (c-1) a child for whom a parent has signed a specific | ||||||
11 | consent pursuant
to subsection O of Section 10;
| ||||||
12 | (d) an adult who meets the conditions set forth in | ||||||
13 | Section 3 of this
Act; or
| ||||||
14 | (e) a child who has been relinquished as defined in | ||||||
15 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
16 | A person who would otherwise be available for adoption | ||||||
17 | shall not be
deemed unavailable for adoption solely by reason | ||||||
18 | of his or her death.
| ||||||
19 | G. The singular includes the plural and the plural includes
| ||||||
20 | the singular and the "male" includes the "female", as the | ||||||
21 | context of this
Act may require.
| ||||||
22 | H. (Blank). "Adoption disruption" occurs when an adoptive | ||||||
23 | placement does not
prove successful and it becomes necessary | ||||||
24 | for the child to be removed from
placement before the adoption | ||||||
25 | is finalized.
| ||||||
26 | I. "Habitual residence" has the meaning ascribed to it in |
| |||||||
| |||||||
1 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
2 | promulgated thereunder.
| ||||||
3 | J. "Immediate relatives" means the biological parents, the | ||||||
4 | parents of
the biological parents and siblings of the | ||||||
5 | biological parents.
| ||||||
6 | K. "Intercountry adoption" is a process by which a child | ||||||
7 | from a country
other than the United States is adopted by | ||||||
8 | persons who are habitual residents of the United States, or the | ||||||
9 | child is a habitual resident of the United States who is | ||||||
10 | adopted by persons who are habitual residents of a country | ||||||
11 | other than the United States.
| ||||||
12 | L. (Blank). "Intercountry Adoption Coordinator" means a | ||||||
13 | staff person of the
Department of Children and Family Services | ||||||
14 | appointed by the Director to
coordinate the provision of | ||||||
15 | services related to an intercountry adoption.
| ||||||
16 | M. "Interstate Compact on the Placement of Children" is a | ||||||
17 | law enacted by all
states and certain territories for the | ||||||
18 | purpose of establishing uniform procedures for handling
the | ||||||
19 | interstate placement of children in foster homes, adoptive | ||||||
20 | homes, or
other child care facilities.
| ||||||
21 | N. (Blank).
| ||||||
22 | O. "Preadoption requirements" means any conditions or | ||||||
23 | standards established by the laws or administrative rules of | ||||||
24 | this State that must be met by a prospective adoptive parent
| ||||||
25 | prior to the placement of a child in an adoptive home.
| ||||||
26 | P. "Abused child" means a child whose parent or immediate |
| |||||||
| |||||||
1 | family member,
or any person responsible for the child's | ||||||
2 | welfare, or any individual
residing in the same home as the | ||||||
3 | child, or a paramour of the child's parent:
| ||||||
4 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
5 | inflicted upon
the child physical injury, by other than | ||||||
6 | accidental means, that causes
death, disfigurement, | ||||||
7 | impairment of physical or emotional health, or loss
or | ||||||
8 | impairment of any bodily function;
| ||||||
9 | (b) creates a substantial risk of physical injury to | ||||||
10 | the child by
other than accidental means which would be | ||||||
11 | likely to cause death,
disfigurement, impairment of | ||||||
12 | physical or emotional health, or loss or
impairment of any | ||||||
13 | bodily function;
| ||||||
14 | (c) commits or allows to be committed any sex offense | ||||||
15 | against the child,
as sex offenses are defined in the | ||||||
16 | Criminal Code of 2012
and extending those definitions of | ||||||
17 | sex offenses to include children under
18 years of age;
| ||||||
18 | (d) commits or allows to be committed an act or acts of | ||||||
19 | torture upon
the child; or
| ||||||
20 | (e) inflicts excessive corporal punishment.
| ||||||
21 | Q. "Neglected child" means any child whose parent or other | ||||||
22 | person
responsible for the child's welfare withholds or denies | ||||||
23 | nourishment or
medically indicated treatment including food or | ||||||
24 | care denied solely on the
basis of the present or anticipated | ||||||
25 | mental or physical impairment as determined
by a physician | ||||||
26 | acting alone or in consultation with other physicians or
|
| |||||||
| |||||||
1 | otherwise does not provide the proper or necessary support, | ||||||
2 | education
as required by law, or medical or other remedial care | ||||||
3 | recognized under State
law as necessary for a child's | ||||||
4 | well-being, or other care necessary for his
or her well-being, | ||||||
5 | including adequate food, clothing and shelter; or who
is | ||||||
6 | abandoned by his or her parents or other person responsible for | ||||||
7 | the child's
welfare.
| ||||||
8 | A child shall not be considered neglected or abused for the
| ||||||
9 | sole reason that the child's parent or other person responsible | ||||||
10 | for his
or her welfare depends upon spiritual means through | ||||||
11 | prayer alone for the
treatment or cure of disease or remedial | ||||||
12 | care as provided under Section 4
of the Abused and Neglected | ||||||
13 | Child Reporting Act.
A child shall not be considered neglected | ||||||
14 | or abused for the sole reason that
the child's parent or other | ||||||
15 | person responsible for the child's welfare failed
to vaccinate, | ||||||
16 | delayed vaccination, or refused vaccination for the child
due | ||||||
17 | to a waiver on religious or medical grounds as permitted by | ||||||
18 | law.
| ||||||
19 | R. "Putative father" means a man who may be a child's | ||||||
20 | father, but who (1) is
not married to the child's mother on or | ||||||
21 | before the date that the child was or
is to be born and (2) has | ||||||
22 | not established paternity of the child in a court
proceeding | ||||||
23 | before the filing of a petition for the adoption of the child. | ||||||
24 | The
term includes a male who is less than 18 years of age. | ||||||
25 | "Putative father" does
not mean a man who is the child's father | ||||||
26 | as a result of criminal sexual abuse
or assault as defined |
| |||||||
| |||||||
1 | under Article 11 of the Criminal Code of 2012.
| ||||||
2 | S. "Standby adoption" means an adoption in which a parent
| ||||||
3 | consents to custody and termination of parental rights to | ||||||
4 | become
effective upon the occurrence of a future event, which | ||||||
5 | is either the death of
the
parent or the request of the parent
| ||||||
6 | for the entry of a final judgment of adoption.
| ||||||
7 | T. (Blank).
| ||||||
8 | T-5. "Biological parent", "birth parent", or "natural | ||||||
9 | parent" of a child are interchangeable terms that mean a person | ||||||
10 | who is biologically or genetically related to that child as a | ||||||
11 | parent. | ||||||
12 | U. "Interstate adoption" means the placement of a minor | ||||||
13 | child with a prospective adoptive parent for the purpose of | ||||||
14 | pursuing an adoption for that child that is subject to the | ||||||
15 | provisions of the Interstate Compact on Placement of Children. | ||||||
16 | V. (Blank). "Endorsement letter" means the letter issued by | ||||||
17 | the Department of Children and Family Services to document that | ||||||
18 | a prospective adoptive parent has met preadoption requirements | ||||||
19 | and has been deemed suitable by the Department to adopt a child | ||||||
20 | who is the subject of an intercountry adoption. | ||||||
21 | W. (Blank). "Denial letter" means the letter issued by the | ||||||
22 | Department of Children and Family Services to document that a | ||||||
23 | prospective adoptive parent has not met preadoption | ||||||
24 | requirements and has not been deemed suitable by the Department | ||||||
25 | to adopt a child who is the subject of an intercountry | ||||||
26 | adoption. |
| |||||||
| |||||||
1 | X. "Legal father" of a child means a man who is recognized | ||||||
2 | as or presumed to be that child's father: | ||||||
3 | (1) because of his marriage to or civil union with the | ||||||
4 | child's parent at the time of the child's birth or within | ||||||
5 | 300 days prior to that child's birth, unless he signed a | ||||||
6 | denial of paternity pursuant to Section 12 of the Vital | ||||||
7 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
8 | or | ||||||
9 | (2) because his paternity of the child has been | ||||||
10 | established pursuant to the Illinois Parentage Act, the | ||||||
11 | Illinois Parentage Act of 1984, or the Gestational | ||||||
12 | Surrogacy Act; or | ||||||
13 | (3) because he is listed as the child's father or | ||||||
14 | parent on the child's birth certificate, unless he is | ||||||
15 | otherwise determined by an administrative or judicial | ||||||
16 | proceeding not to be the parent of the child or unless he | ||||||
17 | rescinds his acknowledgment of paternity pursuant to the | ||||||
18 | Illinois Parentage Act of 1984; or | ||||||
19 | (4) because his paternity or adoption of the child has | ||||||
20 | been established by a court of competent jurisdiction. | ||||||
21 | The definition in this subsection X shall not be construed | ||||||
22 | to provide greater or lesser rights as to the number of parents | ||||||
23 | who can be named on a final judgment order of adoption or | ||||||
24 | Illinois birth certificate that otherwise exist under Illinois | ||||||
25 | law. | ||||||
26 | Y. "Legal mother" of a child means a woman who is |
| |||||||
| |||||||
1 | recognized as or presumed to be that child's mother: | ||||||
2 | (1) because she gave birth to the child except as | ||||||
3 | provided in the Gestational Surrogacy Act; or | ||||||
4 | (2) because her maternity of the child has been | ||||||
5 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
6 | or the Gestational Surrogacy Act; or | ||||||
7 | (3) because her maternity or adoption of the child has | ||||||
8 | been established by a court of competent jurisdiction; or | ||||||
9 | (4) because of her marriage to or civil union with the | ||||||
10 | child's other parent at the time of the child's birth or | ||||||
11 | within 300 days prior to the time of birth; or | ||||||
12 | (5) because she is listed as the child's mother or | ||||||
13 | parent on the child's birth certificate unless she is | ||||||
14 | otherwise determined by an administrative or judicial | ||||||
15 | proceeding not to be the parent of the child. | ||||||
16 | The definition in this subsection Y shall not be construed | ||||||
17 | to provide greater or lesser rights as to the number of parents | ||||||
18 | who can be named on a final judgment order of adoption or | ||||||
19 | Illinois birth certificate that otherwise exist under Illinois | ||||||
20 | law. | ||||||
21 | Z. "Department" means the Illinois Department of Children | ||||||
22 | and Family Services. | ||||||
23 | AA. "Placement disruption" means a circumstance where the | ||||||
24 | child is removed from an adoptive placement before the adoption | ||||||
25 | is finalized. | ||||||
26 | BB. "Secondary placement" means a placement, including but |
| |||||||
| |||||||
1 | not limited to the placement of a ward of the Department, that | ||||||
2 | occurs after a placement disruption or an adoption dissolution. | ||||||
3 | "Secondary placement" does not mean secondary placements | ||||||
4 | arising due to the death of the adoptive parent of the child. | ||||||
5 | CC. "Adoption dissolution" means a circumstance where the | ||||||
6 | child is removed from an adoptive placement after the adoption | ||||||
7 | is finalized. | ||||||
8 | DD. "Unregulated placement" means the secondary placement | ||||||
9 | of a child that occurs without the oversight of the courts, the | ||||||
10 | Department, or a licensed child welfare agency. | ||||||
11 | EE. "Post-placement and post-adoption support services" | ||||||
12 | means support services for placed or adopted children and | ||||||
13 | families that include, but are not limited to, counseling for | ||||||
14 | emotional, behavioral, or developmental needs. | ||||||
15 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
16 | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | ||||||
17 | 1-1-14; 98-804, eff. 1-1-15 .)
| ||||||
18 | (750 ILCS 50/2) (from Ch. 40, par. 1502)
| ||||||
19 | Sec. 2. Who may
adopt a child.
| ||||||
20 | A. Any of the following persons, who is under no legal | ||||||
21 | disability
(except the minority specified in sub-paragraph | ||||||
22 | (b)) and who has resided in
the State of Illinois continuously | ||||||
23 | for a period of at least 6 months
immediately preceding the | ||||||
24 | commencement of an adoption proceeding, or any
member of the | ||||||
25 | armed forces of the United States who has been domiciled in
the |
| |||||||
| |||||||
1 | State of Illinois for 90 days, may
institute such proceeding:
| ||||||
2 | (a) A reputable person of legal age and of either sex, | ||||||
3 | provided that if
such person is married or in a civil union | ||||||
4 | and has not been living separate and apart from his or
her | ||||||
5 | spouse or civil union partner for 12 months or longer, his | ||||||
6 | or her spouse or civil union partner shall be a party to | ||||||
7 | the
adoption
proceeding, including a spouse or civil union | ||||||
8 | partner husband or wife desiring to adopt a child of the
| ||||||
9 | other spouse or civil union partner , in all of which cases | ||||||
10 | the adoption shall be by both spouses or civil union | ||||||
11 | partners
jointly;
| ||||||
12 | (b) A minor, by leave of court upon good cause shown.
| ||||||
13 | Notwithstanding sub-paragraph (a) of this subsection, a | ||||||
14 | spouse or civil union partner is not required to join in a | ||||||
15 | petition for adoption to re-adopt a child after an intercountry | ||||||
16 | adoption if the spouse or civil union partner did not | ||||||
17 | previously adopt the child as set forth in subsections (c) and | ||||||
18 | (e) of Section 4.1 of this Act. | ||||||
19 | B. The residence requirement specified in paragraph A of | ||||||
20 | this Section
shall not apply to: | ||||||
21 | (a) an adoption of a related child or child previously | ||||||
22 | adopted in a foreign country by the petitioner ; or | ||||||
23 | (b) an adoption of a child placed by an agency.
| ||||||
24 | (Source: P.A. 98-804, eff. 1-1-15 .)
| ||||||
25 | (750 ILCS 50/4.1) (from Ch. 40, par. 1506)
|
| |||||||
| |||||||
1 | Sec. 4.1. Adoption between multiple jurisdictions. | ||||||
2 | (a) The Department of Children and Family Services shall | ||||||
3 | promulgate rules regarding the approval and regulation of | ||||||
4 | agencies providing, in this State, adoption services, as | ||||||
5 | defined in Section 2.24 of the Child Care Act of 1969, which | ||||||
6 | shall include, but not be limited to, a requirement that any | ||||||
7 | agency shall be licensed in this State as a child welfare | ||||||
8 | agency as defined in Section 2.08 of the Child Care Act of | ||||||
9 | 1969. Any out-of-state agency, if not licensed in this State as | ||||||
10 | a child welfare agency, must obtain the approval of the | ||||||
11 | Department in order to act as a sending agency, as defined in | ||||||
12 | Section 1 of the Interstate Compact on Placement of Children | ||||||
13 | Act, seeking to place a child into this State through a | ||||||
14 | placement subject to the Interstate Compact on the Placement of | ||||||
15 | Children. An out-of-state agency, if not licensed in this State | ||||||
16 | as a child welfare agency, is prohibited from providing in this | ||||||
17 | State adoption services, as defined by Section 2.24 of the | ||||||
18 | Child Care Act of 1969; shall comply with Section 12C-70 of the | ||||||
19 | Criminal Code of 2012; and shall provide all of the following | ||||||
20 | to the Department: | ||||||
21 | (1) A copy of the agency's current license or other | ||||||
22 | form of authorization from the approving authority in the | ||||||
23 | agency's state. If no license or authorization is issued, | ||||||
24 | the agency must provide a reference statement, from the | ||||||
25 | approving authority, stating that the agency is authorized | ||||||
26 | to place children in foster care or adoption or both in its |
| |||||||
| |||||||
1 | jurisdiction. | ||||||
2 | (2) A description of the program, including home | ||||||
3 | studies, placements, and supervisions, that the child | ||||||
4 | placing agency conducts within its geographical area, and, | ||||||
5 | if applicable, adoptive placements and the finalization of | ||||||
6 | adoptions. The child placing agency must accept continued | ||||||
7 | responsibility for placement planning and replacement if | ||||||
8 | the placement fails. | ||||||
9 | (3) Notification to the Department of any significant | ||||||
10 | child placing agency changes after approval. | ||||||
11 | (4) Any other information the Department may require. | ||||||
12 | The rules shall also provide that any agency that places | ||||||
13 | children for
adoption in this State may not, in any policy or | ||||||
14 | practice relating to the
placement of children for adoption, | ||||||
15 | discriminate against any child or
prospective adoptive parent | ||||||
16 | on the basis of race.
| ||||||
17 | (a-5) (Blank). | ||||||
18 | (b) Interstate Adoptions. | ||||||
19 | (1) All interstate adoption placements under this Act | ||||||
20 | shall comply with the Child Care Act of 1969 and the | ||||||
21 | Interstate Compact on
the Placement of Children. The | ||||||
22 | placement of children with relatives by the Department of | ||||||
23 | Children and Family Services shall also comply with | ||||||
24 | subsection (b) of Section 7 of the Children and Family | ||||||
25 | Services Act. | ||||||
26 | (2) If an adoption is finalized prior to bringing or |
| |||||||
| |||||||
1 | sending a child to this State, compliance with the | ||||||
2 | Interstate Compact on the Placement of Children is not | ||||||
3 | required.
| ||||||
4 | (c) Intercountry Adoptions. (1) The adoption of a child, if | ||||||
5 | the child is a habitual resident of a country other than the | ||||||
6 | United States and the petitioner is a habitual resident of the | ||||||
7 | United States, or, if the child is a habitual resident of the | ||||||
8 | United States and the petitioner is a habitual resident of a | ||||||
9 | country other than the United States, shall comply with the | ||||||
10 | Intercountry Adoption Act of 2000, as amended, and the | ||||||
11 | Immigration and Nationality Act, as amended. In the case of an | ||||||
12 | intercountry adoption that requires oversight by the adoption | ||||||
13 | services governed by the Intercountry Adoption Universal | ||||||
14 | Accreditation Act of 2012, this State shall not impose any | ||||||
15 | additional preadoption requirements. | ||||||
16 | (2) The Department of Children and Family Services | ||||||
17 | shall maintain the office of Intercountry Adoption | ||||||
18 | Coordinator in order to maintain and protect the rights of | ||||||
19 | prospective adoptive parents and children participating in | ||||||
20 | an intercountry adoption and shall develop ongoing | ||||||
21 | programs of support and services to such prospective | ||||||
22 | adoptive parents and children. | ||||||
23 | (3) In the case of an intercountry adoption of a child | ||||||
24 | by an Illinois resident, the Department shall promulgate | ||||||
25 | rules concerning preadoption requirements, which shall | ||||||
26 | include, but not be limited to, requirements relating to |
| |||||||
| |||||||
1 | home studies conducted by licensed child welfare agencies | ||||||
2 | and requirements relating to supporting documentation | ||||||
3 | concerning the prospective adoptive parent's suitability | ||||||
4 | to adopt a child. | ||||||
5 | (4) The Intercountry Adoption Coordinator shall | ||||||
6 | determine whether all preadoption requirements have been | ||||||
7 | met by a prospective adoptive parent. The Intercountry | ||||||
8 | Adoption Coordinator shall also determine whether the | ||||||
9 | prospective adoptive parent is suitable as the adoptive | ||||||
10 | parent. In determining suitability to adopt, the | ||||||
11 | Intercountry Adoption coordinator shall give considerable | ||||||
12 | weight to the home study, but is not bound by it. Even if | ||||||
13 | the home study is favorable, the Intercountry Adoption | ||||||
14 | Coordinator must issue a denial letter if, on the basis of | ||||||
15 | all the information provided, the Intercountry Adoption | ||||||
16 | Coordinator finds, for a specific and articulable reason, | ||||||
17 | that the prospective adoptive parent has failed to | ||||||
18 | establish that he or she is suitable as the adoptive | ||||||
19 | parent. | ||||||
20 | (5) The Intercountry Adoption Coordinator shall issue | ||||||
21 | an endorsement letter, indicating that all preadoption | ||||||
22 | requirements have been met, or a denial letter, indicating | ||||||
23 | the specific preadoption requirements that have not been | ||||||
24 | met, no later than 21 days from receipt of the home study | ||||||
25 | from the child welfare agency. If, upon receipt of the home | ||||||
26 | study, the Intercountry Adoption Coordinator determines |
| |||||||
| |||||||
1 | that more information is required before any determination | ||||||
2 | can be made with respect to compliance with the preadoption | ||||||
3 | requirements, the Intercountry Adoption Coordinator shall, | ||||||
4 | within 7 days of receipt of the home study, provide notice | ||||||
5 | describing the additional information, via facsimile or | ||||||
6 | through electronic communication, to the licensed child | ||||||
7 | welfare agency and the adoptive parent. Within 21 days of | ||||||
8 | receipt of the additional information, the Intercountry | ||||||
9 | Adoption Coordinator shall provide the child welfare | ||||||
10 | agency with an endorsement letter or a denial letter. The | ||||||
11 | Intercountry Adoption Coordinator shall mail a copy of the | ||||||
12 | endorsement letter or denial letter to the prospective | ||||||
13 | adoptive parent at the same time that the Intercountry | ||||||
14 | Adoption Coordinator provides the letter to the child | ||||||
15 | welfare agency. | ||||||
16 | (6) If the Intercountry Adoption Coordinator issues a | ||||||
17 | denial letter, a prospective adoptive parent shall have the | ||||||
18 | right to a review. The Intercountry Adoption Coordinator | ||||||
19 | shall include in its denial letter notification advising | ||||||
20 | the prospective adoptive parent of the right to seek a | ||||||
21 | review, by the Director of the Department, of the | ||||||
22 | determination, if requested in writing within 30 days of | ||||||
23 | receipt of the denial letter. Failure to submit such a | ||||||
24 | request within 30 days waives the prospective parent's | ||||||
25 | right to a review. | ||||||
26 | (i) The review by the Director shall include, but |
| |||||||
| |||||||
1 | is not limited to, a review of documentation submitted | ||||||
2 | by the prospective adoptive parent and, if requested by | ||||||
3 | the prospective adoptive parent, a telephone | ||||||
4 | conference or a mutually convenient in-person meeting | ||||||
5 | with the Director, or the Director's designated | ||||||
6 | representative, to allow the prospective adoptive | ||||||
7 | parent to present the facts and circumstances | ||||||
8 | supporting the request for the endorsement letter. | ||||||
9 | (ii) The Director shall issue a decision within 30 | ||||||
10 | days of receipt of the request for review. | ||||||
11 | (iii) If the Director concurs with the original | ||||||
12 | denial letter of the Intercountry Adoption | ||||||
13 | Coordinator, the Director's decision shall be | ||||||
14 | considered a final decision and the prospective | ||||||
15 | adoptive parent shall have all rights and remedies to | ||||||
16 | which he or she is entitled under applicable law, | ||||||
17 | including a mandamus action under Article XIV of the | ||||||
18 | Code of Civil Procedure and an action under the federal | ||||||
19 | Civil Rights Act, 42 U.S.C. 1983. | ||||||
20 | (7) In the case of an intercountry adoption finalized | ||||||
21 | in another country, where a complete and valid Order of | ||||||
22 | Adoption is issued from that country to an Illinois | ||||||
23 | resident, as determined by the United States Department of | ||||||
24 | State, this State shall not impose any additional | ||||||
25 | preadoption requirements. | ||||||
26 | (8) The Department of Children and Family Services |
| |||||||
| |||||||
1 | shall provide a report to the General Assembly, on an | ||||||
2 | annual basis for the preceding year, beginning on September | ||||||
3 | 1 of each year after the effective date of this amendatory | ||||||
4 | Act of the 98th General Assembly. The report shall provide | ||||||
5 | non-identifying statistical data on the endorsement and | ||||||
6 | denial letters and the requests for review of denial | ||||||
7 | letters and shall contain, but not limited to, the | ||||||
8 | following: | ||||||
9 | (i) the number of endorsement letters issued by the | ||||||
10 | Intercountry Adoption Coordinator; | ||||||
11 | (ii) the number of denial letters issued by the | ||||||
12 | Intercountry Adoption Coordinator; | ||||||
13 | (iii) the number of requests for review of denial | ||||||
14 | letters; | ||||||
15 | (iv) the number of denial letter reviews which | ||||||
16 | resulted in a reversal by the Director and an | ||||||
17 | endorsement letter being issued; and | ||||||
18 | (v) the basis of each denial letter and the basis | ||||||
19 | of each reversal of the denial letter in a particular | ||||||
20 | case.
| ||||||
21 | (d) (Blank).
| ||||||
22 | (e) Re-adoption after an intercountry adoption. | ||||||
23 | (1) Any time after a minor child has been adopted in a | ||||||
24 | foreign country and has immigrated to the United States, | ||||||
25 | the adoptive parent or parents of the child may petition | ||||||
26 | the court for a judgment of adoption to re-adopt the child |
| |||||||
| |||||||
1 | and confirm the foreign adoption decree. | ||||||
2 | (2) The petitioner must submit to the court one or more | ||||||
3 | of the following to verify the foreign adoption: | ||||||
4 | (i) an immigrant visa for the child issued by | ||||||
5 | United States Citizenship and Immigration Services of | ||||||
6 | the U.S. Department of Homeland Security that was valid | ||||||
7 | at the time of the child's immigration; | ||||||
8 | (ii) a decree, judgment, certificate of adoption, | ||||||
9 | adoption registration, or equivalent court order, | ||||||
10 | entered or issued by a court of competent jurisdiction | ||||||
11 | or administrative body outside the United States, | ||||||
12 | establishing the relationship of parent and child by | ||||||
13 | adoption; or | ||||||
14 | (iii) such other evidence deemed satisfactory by | ||||||
15 | the court. | ||||||
16 | (3) The child's immigrant visa shall be prima facie | ||||||
17 | proof that the adoption was established in accordance with | ||||||
18 | the laws of the foreign jurisdiction and met United States | ||||||
19 | requirements for immigration. | ||||||
20 | (4) If the petitioner submits documentation that | ||||||
21 | satisfies the requirements of paragraph (2), the court | ||||||
22 | shall not appoint a guardian ad litem for the minor who is | ||||||
23 | the subject of the proceeding, shall not require any | ||||||
24 | further termination of parental rights of the child's | ||||||
25 | biological parents, nor shall it require any home study, | ||||||
26 | investigation, post-placement visit, or background check |
| |||||||
| |||||||
1 | of the petitioner. | ||||||
2 | (5) The petition may include a request for change of | ||||||
3 | the child's name and any other request for specific relief | ||||||
4 | that is in the best interests of the child. The relief may | ||||||
5 | include a request for a revised birth date for the child if | ||||||
6 | supported by evidence from a medical or dental professional | ||||||
7 | attesting to the appropriate age of the child or other | ||||||
8 | collateral evidence. | ||||||
9 | (6) Two adoptive parents who adopted a minor child | ||||||
10 | together in a foreign country while married to one another | ||||||
11 | may file a petition for adoption to re-adopt the child | ||||||
12 | jointly, regardless of whether their marriage has been | ||||||
13 | dissolved. If either parent whose marriage was dissolved | ||||||
14 | has subsequently remarried or entered into a civil union | ||||||
15 | with another person, the new spouse or civil union partner | ||||||
16 | shall not join in the petition to re-adopt the child, | ||||||
17 | unless the new spouse or civil union partner is seeking to | ||||||
18 | adopt the child. If either adoptive parent does not join in | ||||||
19 | the petition, he or she must be joined as a party | ||||||
20 | defendant. The defendant parent's failure to participate | ||||||
21 | in the re-adoption proceeding shall not affect the existing | ||||||
22 | parental rights or obligations of the parent as they relate | ||||||
23 | to the minor child, and the parent's name shall be placed | ||||||
24 | on any subsequent birth record issued for the child as a | ||||||
25 | result of the re-adoption proceeding. | ||||||
26 | (7) An adoptive parent who adopted a minor child in a |
| |||||||
| |||||||
1 | foreign country as an unmarried person may file a petition | ||||||
2 | for adoption to re-adopt the child as a sole petitioner, | ||||||
3 | even if the adoptive parent has subsequently married or | ||||||
4 | entered into a civil union. | ||||||
5 | (8) If one of the adoptive parents who adopted a minor | ||||||
6 | child dies prior to a re-adoption proceeding, the deceased | ||||||
7 | parent's name shall be placed on any subsequent birth | ||||||
8 | record issued for the child as a result of the re-adoption | ||||||
9 | proceeding. | ||||||
10 | (Source: P.A. 98-455, eff. 1-1-14.)
| ||||||
11 | (750 ILCS 50/5) (from Ch. 40, par. 1507)
| ||||||
12 | Sec. 5. Petition, contents, verification, filing.
| ||||||
13 | A. A proceeding to adopt a child, other than a related | ||||||
14 | child, shall be
commenced by the filing of a petition within 30 | ||||||
15 | days after such child has
become available for adoption, | ||||||
16 | provided that such petition may be filed at
a later date by | ||||||
17 | leave of court upon a showing that the failure to file such
| ||||||
18 | petition within such 30 day period was not due to the | ||||||
19 | petitioners' culpable
negligence or their wilful disregard of | ||||||
20 | the provisions of this Section.
In the case of a child born | ||||||
21 | outside the United States or a territory
thereof, if the | ||||||
22 | prospective adoptive parents of such child have been
appointed | ||||||
23 | guardians of such child by a court of competent jurisdiction in | ||||||
24 | a
country other than the United States or a territory thereof, | ||||||
25 | such parents
shall file a petition as provided in this Section |
| |||||||
| |||||||
1 | within 30 days after
entry of the child into the United States. | ||||||
2 | A petition to adopt an adult or a
related child may be filed at | ||||||
3 | any time. A petition for adoption may include
more than one | ||||||
4 | person sought to be adopted.
| ||||||
5 | B. A petition to adopt a child other than a related child | ||||||
6 | shall state:
| ||||||
7 | (a) The full names of the petitioners and, if minors, | ||||||
8 | their respective
ages;
| ||||||
9 | (b) The place of residence of the petitioners and the | ||||||
10 | length of
residence of each in the State of Illinois | ||||||
11 | immediately preceding the filing
of the petition;
| ||||||
12 | (c) When the petitioners acquired, or intend to | ||||||
13 | acquire, custody of the
child, and the name and address of | ||||||
14 | the persons or agency from whom the
child was or will be | ||||||
15 | received;
| ||||||
16 | (d) The name, the place and date of birth if known, and | ||||||
17 | the sex of the
child sought to be adopted;
| ||||||
18 | (e) The relationship, if any, of the child to each | ||||||
19 | petitioner;
| ||||||
20 | (f) The names, if known, and the place of residence, if | ||||||
21 | known, of the
parents; and whether such parents are minors, | ||||||
22 | or otherwise under any legal
disability. The names and | ||||||
23 | addresses of the parents shall be omitted and
they shall | ||||||
24 | not be made parties defendant to the petition if (1) the | ||||||
25 | rights
of the parents have been terminated by a court of | ||||||
26 | competent jurisdiction,
or (2) the child has been |
| |||||||
| |||||||
1 | surrendered to an agency, or (3) the parent
or parents have | ||||||
2 | been served with the notice provided in Section 12a of this
| ||||||
3 | Act and said parent or parents have filed a disclaimer of | ||||||
4 | paternity as
therein provided or have failed to file such | ||||||
5 | declaration of paternity or a
request for notice as | ||||||
6 | provided in said Section, or (4) the parent is a putative | ||||||
7 | father or legal father of the child who has waived his | ||||||
8 | parental rights by signing a waiver as provided in | ||||||
9 | subsection S of Section 10;
| ||||||
10 | (g) If it is alleged that the child has no living | ||||||
11 | parent, then the name
of the guardian, if any, of such | ||||||
12 | child and the court which appointed such
guardian;
| ||||||
13 | (h) If it is alleged that the child has no living | ||||||
14 | parent and that no
guardian of such child is known to | ||||||
15 | petitioners, then the name of a near
relative, if known, | ||||||
16 | shall be set forth, or an allegation that no near
relative | ||||||
17 | is known and on due inquiry cannot be ascertained by | ||||||
18 | petitioners;
| ||||||
19 | (i) The name to be given the child or adult;
| ||||||
20 | (j) That the person or agency, having authority to | ||||||
21 | consent under Section
8 of this Act, has consented, or has | ||||||
22 | indicated willingness to consent, to
the adoption of the | ||||||
23 | child by the petitioners, or that the person having
| ||||||
24 | authority to consent is an unfit person and the ground | ||||||
25 | therefor, or that no
consent is required under paragraph | ||||||
26 | (f) of Section 8 of this Act;
|
| |||||||
| |||||||
1 | (k) Whatever orders, judgments or decrees have | ||||||
2 | heretofore been entered
by any court affecting (1) adoption | ||||||
3 | or custody of the child, or (2) the
adoptive, custodial or | ||||||
4 | parental rights of either petitioner, including the
prior | ||||||
5 | denial of any petition for adoption pertaining to such | ||||||
6 | child, or to
the petitioners, or either of them.
| ||||||
7 | C. A petition to adopt a related child shall include the | ||||||
8 | information
specified in sub-paragraphs (a), (b), (d), (e), | ||||||
9 | (f), (i) and (k) of
paragraph B and a petition to adopt an | ||||||
10 | adult shall contain the information
required by sub-paragraphs | ||||||
11 | (a), (b) and (i) of paragraph B in addition to
the name, place, | ||||||
12 | date of birth and sex of such adult.
| ||||||
13 | D. The petition shall be verified by the petitioners.
| ||||||
14 | E. Upon the filing of the petition the petitioners shall | ||||||
15 | furnish the
Clerk of the Court in which the petition is pending | ||||||
16 | such information not
contained in such petition as shall be | ||||||
17 | necessary to enable the Clerk of
such Court to complete a | ||||||
18 | certificate of adoption as hereinafter provided.
| ||||||
19 | F. A petition for standby adoption shall conform to the | ||||||
20 | requirements of
this Act with respect to petition contents, | ||||||
21 | verification, and filing. The
petition for standby adoption | ||||||
22 | shall also state the facts concerning the consent
of the | ||||||
23 | child's parent to the standby adoption. A petition for
standby | ||||||
24 | adoption shall include the information in paragraph B if the | ||||||
25 | petitioner
seeks to adopt a child other than a related child. A | ||||||
26 | petition
for standby adoption shall include the information in |
| |||||||
| |||||||
1 | paragraph C if the
petitioner seeks to adopt a related child or | ||||||
2 | adult.
| ||||||
3 | G. A petition for adoption to re-adopt a child after an | ||||||
4 | intercountry adoption shall include the information specified | ||||||
5 | in sub-paragraphs (a), (b), (c), (d), (e), (i) and (k) of | ||||||
6 | paragraph B. | ||||||
7 | (Source: P.A. 97-493, eff. 8-22-11.)
| ||||||
8 | (750 ILCS 50/13) (from Ch. 40, par. 1516)
| ||||||
9 | Sec. 13. Interim order. As soon as practicable after the | ||||||
10 | filing of a
petition for adoption the court shall hold a | ||||||
11 | hearing for the following
purposes:
| ||||||
12 | A. In other than an adoption of a related child or an | ||||||
13 | adoption through
an agency, or of an adult:
| ||||||
14 | (a) To determine the validity of the consent, provided | ||||||
15 | that the
execution of a consent pursuant to this Act shall | ||||||
16 | be prima facie evidence
of its validity, and provided that | ||||||
17 | the validity of a consent shall not be
affected by the | ||||||
18 | omission therefrom of the names of the petitioners or
| ||||||
19 | adopting parents at the time the consent is executed or | ||||||
20 | acknowledged, and
further provided that the execution of a | ||||||
21 | consent prior to the filing of a
petition for adoption | ||||||
22 | shall not affect its validity.
| ||||||
23 | (b) To determine whether there is available suitable | ||||||
24 | temporary custodial
care for a child sought to be adopted.
| ||||||
25 | B. In all cases except standby adoptions and re-adoptions :
|
| |||||||
| |||||||
1 | (a) The court shall appoint some licensed attorney | ||||||
2 | other than the State's
attorney acting in his or her | ||||||
3 | official capacity as guardian ad
litem to represent a child | ||||||
4 | sought to be adopted. Such guardian ad litem
shall have | ||||||
5 | power to consent to the adoption of the child, if such | ||||||
6 | consent
is required.
| ||||||
7 | (b) The court shall appoint a guardian ad litem for all | ||||||
8 | named minors or
defendants who are persons under legal | ||||||
9 | disability, if any.
| ||||||
10 | (c) If the petition alleges a person to be unfit | ||||||
11 | pursuant to the
provisions of subparagraph (p) of paragraph | ||||||
12 | D of Section 1 of this Act,
such person shall be | ||||||
13 | represented by counsel. If such person is indigent
or an | ||||||
14 | appearance has not been entered on his behalf at the time | ||||||
15 | the matter
is set for hearing, the court shall appoint as | ||||||
16 | counsel for him either the
Guardianship and Advocacy | ||||||
17 | Commission, the public defender, or, only if no
attorney | ||||||
18 | from the Guardianship and Advocacy Commission or the public | ||||||
19 | defender
is available, an attorney licensed to practice law | ||||||
20 | in this State.
| ||||||
21 | (d) If it is proved to the satisfaction of the court, | ||||||
22 | after such
investigation as the court deems necessary, that | ||||||
23 | termination of parental
rights and temporary commitment of | ||||||
24 | the child to an agency or to a person
deemed competent by | ||||||
25 | the court, including petitioners, will be for the
welfare | ||||||
26 | of the child, the court may order the child to be so |
| |||||||
| |||||||
1 | committed and
may terminate the parental rights of the | ||||||
2 | parents and declare the child a
ward of the court or, if it | ||||||
3 | is not so proved, the court may enter such
other order as | ||||||
4 | it shall deem necessary and advisable.
| ||||||
5 | (e) Before an interim custody order is granted under | ||||||
6 | this
Section,
service of
summons shall be had upon the | ||||||
7 | parent or parents whose rights have not been
terminated, | ||||||
8 | except as provided in subsection (f). Reasonable notice and
| ||||||
9 | opportunity to be heard shall be given to
the
parent or | ||||||
10 | parents after service of summons when the address of the | ||||||
11 | parent or
parents is available. The party seeking an | ||||||
12 | interim custody order shall make
all reasonable efforts to | ||||||
13 | locate the parent or parents of the child or children
they | ||||||
14 | are seeking to adopt and to notify the parent or parents of | ||||||
15 | the party's
request for an interim custody order pursuant | ||||||
16 | to this Section.
| ||||||
17 | (f) An interim custody order may be granted without | ||||||
18 | notice upon
presentation to the court of a written | ||||||
19 | petition, accompanied by an affidavit,
stating that
there | ||||||
20 | is an immediate danger to the child and that irreparable | ||||||
21 | harm will result
to the child if notice is given to the | ||||||
22 | parent or parents or legal guardian.
Upon making a finding | ||||||
23 | that there is an immediate danger to the child if
service | ||||||
24 | of process is had upon and notice of hearing is given to | ||||||
25 | the parent or
parents or
legal guardian prior to the entry | ||||||
26 | of an order granting temporary custody to
someone other |
| |||||||
| |||||||
1 | than a parent or legal guardian, the court may enter an | ||||||
2 | order of
temporary custody which shall expire not more than | ||||||
3 | 10 days after its entry.
Every ex parte custody order | ||||||
4 | granted without notice shall state the injury
which the | ||||||
5 | court sought to avoid by granting the order, the | ||||||
6 | irreparable injury
that would have occurred had notice been | ||||||
7 | given, and the reason the order was
granted without notice.
| ||||||
8 | The matter shall be set down for full hearing before the | ||||||
9 | expiration of the ex
parte order and will be heard after | ||||||
10 | service of summons is had upon and notice
of hearing is | ||||||
11 | given to the parent or parents or legal guardian.
At the | ||||||
12 | hearing the burden of proof shall be upon the party seeking | ||||||
13 | to extend
the interim custody order to show that the order | ||||||
14 | was properly granted without
notice and that custody should | ||||||
15 | remain with the party seeking to adopt during
the pendency | ||||||
16 | of the adoption proceeding. If the interim custody order is
| ||||||
17 | extended, the reasons for granting the extension shall be | ||||||
18 | stated in the
order.
| ||||||
19 | C. In the case of a child born outside the United States or | ||||||
20 | a
territory thereof, if the petitioners have previously been | ||||||
21 | appointed
guardians of such child by a court of competent | ||||||
22 | jurisdiction in a country
other than the United States or a | ||||||
23 | territory thereof, the court may order
that the petitioners | ||||||
24 | continue as guardians of such child.
| ||||||
25 | D. In standby adoption cases:
| ||||||
26 | (a) The court shall appoint a licensed attorney other |
| |||||||
| |||||||
1 | than the State's
Attorney
acting in his or her official | ||||||
2 | capacity as guardian ad litem to represent a
child sought | ||||||
3 | to be
adopted. The guardian ad litem shall have power to | ||||||
4 | consent to the adoption of
the child,
if consent is | ||||||
5 | required.
| ||||||
6 | (b) The court shall appoint a guardian ad litem for all | ||||||
7 | named minors or
defendants
who are persons under legal | ||||||
8 | disability, if any.
| ||||||
9 | (c) The court lacks jurisdiction to proceed on the | ||||||
10 | petition for standby
adoption if the child has a living | ||||||
11 | parent, adoptive parent, or adjudicated
parent whose | ||||||
12 | rights have not been terminated and whose whereabouts are | ||||||
13 | known,
unless the parent consents to the standby adoption | ||||||
14 | or, after
receiving notice of the hearing on the standby | ||||||
15 | adoption petition, fails to
object to the appointment of a | ||||||
16 | standby adoptive parent at the
hearing on the petition.
| ||||||
17 | (d) The court shall investigate as needed for the | ||||||
18 | welfare of the child and
shall
determine whether the | ||||||
19 | petitioner or petitioners shall be permitted to adopt.
| ||||||
20 | (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, | ||||||
21 | eff.
1-1-00.)
| ||||||
22 | (750 ILCS 50/18.9 new) | ||||||
23 | Sec. 18.9. Post-placement and post-adoption support | ||||||
24 | services. | ||||||
25 | (a) It is the public policy of this State to find |
| |||||||
| |||||||
1 | permanency for children through adoption and to prevent | ||||||
2 | placement disruption, adoption dissolution, and secondary | ||||||
3 | placement. Access to post-placement and post-adoption support | ||||||
4 | services to provide support and resources for wards of the | ||||||
5 | State, foster families, and adoptive families is essential to | ||||||
6 | promote permanency. Public awareness of post-placement and | ||||||
7 | post-adoption services and the ability of families to utilize | ||||||
8 | effective services are essential to permanency. | ||||||
9 | (b) The Department shall establish and maintain | ||||||
10 | post-placement and post-adoption support services. | ||||||
11 | (c) The Department shall post information about the | ||||||
12 | Department's post-placement and post-adoption support services | ||||||
13 | on the Department's website and shall provide the information | ||||||
14 | to every licensed child welfare agency, every out of State | ||||||
15 | placement agency or entity approved under Section 4.1 of this | ||||||
16 | Act, and any entity providing adoption support services in the | ||||||
17 | Illinois courts. The Department's post-placement and | ||||||
18 | post-adoption support services shall be referenced in | ||||||
19 | information regarding adoptive parents' rights and | ||||||
20 | responsibilities that the Department publishes and provides to | ||||||
21 | adoptive parents under this Act. The Department shall establish | ||||||
22 | and maintain a toll-free number to advise the public about its | ||||||
23 | post-placement and post-adoption support services and post the | ||||||
24 | number on its website. | ||||||
25 | (d) Every licensed child welfare agency, every entity | ||||||
26 | approved under Section 4.1 of this Act, and any entity |
| |||||||
| |||||||
1 | providing adoption support services in the Illinois courts | ||||||
2 | shall provide the Department's website address and link to the | ||||||
3 | Department's post-placement and post-adoption services | ||||||
4 | information set forth in subsection (c) of this Section, | ||||||
5 | including the Department's toll-free number, to every adoptive | ||||||
6 | parent with whom they work in Illinois. This information shall | ||||||
7 | be provided prior to placement. | ||||||
8 | (e) Beginning one year after the effective date of this | ||||||
9 | amendatory Act of the 99th General Assembly, the Department | ||||||
10 | shall report annually to the General Assembly on January 15 the | ||||||
11 | following information for the preceding year: | ||||||
12 | (1) a description of all post-placement and | ||||||
13 | post-adoption support services the Department provides; | ||||||
14 | (2) without identifying the names of the recipients of | ||||||
15 | the services, the number of foster parents, prospective | ||||||
16 | adoptive parents, and adoptive families in Illinois who | ||||||
17 | have received the Department's post-placement and | ||||||
18 | post-adoption support services and the type of services | ||||||
19 | provided; | ||||||
20 | (3) the number of families who have contacted the | ||||||
21 | Department about its post-placement and post-adoption | ||||||
22 | services due to a potential placement disruption, adoption | ||||||
23 | dissolution, secondary placement, or unregulated | ||||||
24 | placement, but for whom the Department declined to provide | ||||||
25 | post-placement and post-adoption support services and the | ||||||
26 | reasons that services were denied; and |
| |||||||
| |||||||
1 | (4) the number of placement disruptions, adoption | ||||||
2 | dissolutions, unregulated placements, and secondary | ||||||
3 | placements, and for each one: | ||||||
4 | (A) the type of placement or adoption, including | ||||||
5 | whether the child who was the subject of the placement | ||||||
6 | was a ward of the Department, and if the child was not | ||||||
7 | a ward, whether the adoption was a private, agency, | ||||||
8 | agency-assisted, interstate, or intercountry adoption; | ||||||
9 | (B) if the placement or adoption was intercountry, | ||||||
10 | the country of birth of the child; | ||||||
11 | (C) whether the child who was the subject of the | ||||||
12 | placement disruption, adoption dissolution, | ||||||
13 | unregulated placement, or secondary placement entered | ||||||
14 | State custody; | ||||||
15 | (D) the length of the placement prior to the | ||||||
16 | placement disruption, adoption dissolution, | ||||||
17 | unregulated placement, or secondary placement; | ||||||
18 | (E) the age of the child at the time of the | ||||||
19 | placement disruption, adoption dissolution, | ||||||
20 | unregulated placement, or secondary placement; | ||||||
21 | (F) the reason, if known, for the placement | ||||||
22 | disruption, adoption dissolution, unregulated | ||||||
23 | placement, or secondary placement; and | ||||||
24 | (G) if a licensed child welfare agency or any | ||||||
25 | approved out of State placing entity participated in | ||||||
26 | the initial placement, and, if applicable, the name of |
| |||||||
| |||||||
1 | the agency or approved out of State placing entity.
|