Bill Status of HB 3628   94th General Assembly

Short Description:  CHILD CARE-TAX EXEMPT-ADOPTION

House Sponsors
Rep. Sara Feigenholtz-Patricia Reid Lindner-Lovana Jones-Keith P. Sommer-Naomi D. Jakobsson, Sidney H. Mathias, Lou Lang, Linda Chapa LaVia, Annazette Collins, Angelo Saviano, Mary E. Flowers, Cynthia Soto, John A. Fritchey, David E. Miller, Arthur L. Turner, Kenneth Dunkin, Patricia R. Bellock, Elizabeth Coulson, Monique D. Davis, Michael Tryon, Elaine Nekritz, Karen May, Kathleen A. Ryg, Eileen Lyons, Julie Hamos, Deborah L. Graham, Barbara Flynn Currie, Karen A. Yarbrough, Patricia Bailey, William Davis, Thomas Holbrook, Calvin L. Giles, Lisa M. Dugan, Robert F. Flider, Patrick J Verschoore and Robin Kelly

Senate Sponsors
(Sen. John J. Cullerton-Donne E. Trotter, Kimberly A. Lightford-Susan Garrett and Pamela J. Althoff-Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  8/15/2005HousePublic Act . . . . . . . . . 94-0586

Statutes Amended In Order of Appearance
225 ILCS 10/2from Ch. 23, par. 2212
225 ILCS 10/2.05from Ch. 23, par. 2212.05
225 ILCS 10/2.08from Ch. 23, par. 2212.08
225 ILCS 10/2.24 new
225 ILCS 10/2.25 new
225 ILCS 10/4from Ch. 23, par. 2214
225 ILCS 10/7from Ch. 23, par. 2217
225 ILCS 10/7.4 new
225 ILCS 10/7.5 new
225 ILCS 10/7.6 new
225 ILCS 10/7.7 new
225 ILCS 10/7.8 new
225 ILCS 10/7.9 new
225 ILCS 10/8.3 new
225 ILCS 10/9.1a new
225 ILCS 10/9.1b new
225 ILCS 10/11from Ch. 23, par. 2221
225 ILCS 10/11.1from Ch. 23, par. 2221.1
225 ILCS 10/12from Ch. 23, par. 2222
720 ILCS 525/1from Ch. 40, par. 1701
720 ILCS 525/2from Ch. 40, par. 1702
720 ILCS 525/3from Ch. 40, par. 1703
720 ILCS 525/4from Ch. 40, par. 1704
720 ILCS 525/4.1from Ch. 40, par. 1704.1
720 ILCS 525/4.9 new
750 ILCS 50/4.1from Ch. 40, par. 1506
750 ILCS 50/21from Ch. 40, par. 1526

Synopsis As Introduced
Amends the Child Care Act of 1969. Defines "adoption services" and "unlicensed pre-adoptive and adoptive home". Provides that any agency, person, group of persons, association, organization, corporation, institution, center, or group engaging in adoption services for compensation must be licensed by the Department of Children and Family Services as a child welfare agency. Provides that the Department shall not issue or renew the license of any child welfare agency providing adoption services, unless that agency (i) is officially recognized by the United States Internal Revenue Service as a tax-exempt organization and (ii) is in compliance with all of the standards necessary to maintain its status as a tax-exempt organization. Adds provisions concerning disclosures, a parent training program, an annual report, documents concerning waivers, preferential treatment, and other requirements. Requires the Department to establish a complaint registry and a toll-free telephone number and to post registry information on its website to assist in the monitoring of child welfare agencies providing adoption services. Further requires the Department to adopt rules concerning the complaint policies and procedures of child welfare agencies that provide adoption services. Makes changes concerning child care facility and child welfare agency advertising. Amends the Adoption Compensation Prohibition Act. Provides that the fees, wages, salaries, or other compensation of any description paid to those persons or entities acting on behalf of a child welfare agency providing adoption services shall not be unreasonably high in relation to the services actually rendered. Provides that the Department of Children and Family Services may adopt rules setting forth the criteria to determine what constitutes unreasonably high fees and compensation. Amends the Adoption Act to refer to the provision of adoption services. Makes other changes.

House Amendment No. 1
Deletes reference to:
225 ILCS 10/7.9 new
Adds reference to:
225 ILCS 10/8
225 ILCS 10/8.4 new
225 ILCS 10/14.6 new
225 ILCS 10/14.7 new
750 ILCS 50/10

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Makes changes to the definitions of "child welfare agency", "adoption services", and "unlicensed pre-adoptive and adoptive home". Provides that any person or specified entity providing adoption services must be licensed by the Department of Children and Family services as a child welfare agency (now, any person or specified entity providing adoption services for any type of compensation or thing of value, directly or indirectly, must by licensed by the Department as a child welfare agency). Provides that the Department shall grant a grace period of 24 months (rather than 18 months) from the effective date of the amendatory Act for existing child welfare agencies providing adoption services to obtain the required 501(c)(3) status and sets forth provisions allowing an existing agency to retain or to transfer its current license upon conversion of its current structure to be recognized as a 501(c)(3) organization. Provides that every licensed child welfare agency providing adoption services shall meet minimum standards set forth by the Department prior to taking or acknowledging a consent from a prospective birth parent. Provides that the adoptive parent training may be provided by an agent or independent contractor of the child welfare agency or by a Department-approved training individual or entity. Removes the provision concerning professional requirements for child welfare agencies providing adoption services. Provides that nothing in the Section concerning the prohibition of certain waivers shall require an agency to assume risks that are not within the reasonable control of the agency. Provides that complaint procedures must be filed with the Department within 6 months of the effective date of the amendatory Act. Provides that any agency that maintains a website shall post its complaint procedures and its license number, as well as the statewide toll-free complaint registry telephone number on its website. Sets forth provisions concerning the advertising of out-of-state agencies that have a written interagency agreement with one or more Illinois licensed child welfare agencies. Adds provisions concerning reasonable fees, wages, salaries, or other compensation and payments to biological parents. Makes other changes. Effective immediately.

House Amendment No. 2
Deletes reference to:
750 ILCS 50/10

Deletes everything after the enacting clause. Reinserts the contents of House Amendment No. 1 with the following changes. Changes references from "birth parent"to "biological parent". Makes other changes. Provides that the Department of Children and Family Services shall have the sole discretion to grant a one year extension to any agency unable to obtain the required 501(c)(3) status within the timeframe specified in the Act, provided that such agency has filed an application for 501(c)(3) status with the Internal Revenue Service within the required 2-year timeframe. Excludes proceedings filed pursuant to a Section of the Adoption Act concerning notice to the putative father from the proceeding required to be included in the annual report of a licensed child welfare agency providing adoption services. Provides that the advertising provisions shall apply to advertisements that are published and actions that take place after the effective date of this amendatory Act. Removes changes to the Section concerning forms of consent and surrender and execution and acknowledgement of forms and consent. Makes other changes. Effective immediately.

House Amendment No. 3
Removes the provision concerning rules regarding required surrender or consent in the placement of a newborn.

Senate Committee Amendment No. 2
Adds reference to:
225 ILCS 10/2.26 new
225 ILCS 10/2.27 new
225 ILCS 10/7.9 new

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Further amends the Child Care Act of 1969, the Adoption Compensation Prohibition Act, and the Adoption Act. Defines "eligible agency" and "deemed compliant". Provides that eligible agencies may be deemed compliant with certain provisions concerning disclosures, an adoptive parent training program, preferential treatment in child placement, excessive adoption services fees, and agency payment of salaries and other compensation. Provides that the required annual reports of every licensed child welfare agency providing adoption services for the preceding 2 years shall be made available, upon request, to the public by the Department of Children and Family Services and every licensed agency and shall be included on the website of the Department. Adds a provision prohibiting excessive fees in adoption services. Provides that if the Department has reasonable cause to believe that any person, group of persons, corporation, agency, association, organization, institution, center, or group is engaged or is about to engage in any act or practice that constitutes or may constitute a violation of any rule adopted under the authority of the Act, the Department may inform the Attorney General or the State's Attorney of the appropriate county, who may initiate the appropriate civil or criminal proceedings. Provides that a person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement offering, soliciting, or promising to perform adoption services is guilty of a Class A misdemeanor, unless that person, group of persons, agency, association, organization, corporation, institution, center, or group is (i) licensed or operating under a permit issued by the Department as a child care facility or child welfare agency, (ii) a biological parent or a prospective adoptive parent acting on his or her own behalf, or (iii) a licensed attorney advertising his or her availability to provide legal services relating to adoption, as permitted by law (rather than just licensed or operating under a permit issued by the Department as a child care facility or child welfare agency). Provides that an advertiser, publisher, or broadcaster who knowingly or recklessly advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services on behalf of a person, group of persons, agency, association, organization, corporation, institution, center, or group not authorized to advertise under the Act is guilty of a Class A misdemeanor, and that the Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for biological parents and adoptive parents. Provides that an agency providing adoption services in the State that is licensed as a child placement agency in a state that is a party to the Interstate Compact on the Placement of Children or is licensed in a non-compact state and files the required surety bond with the Department must be approved by the Department as an out-of-state private placing agency to place children in Illinois. Sets forth requirements for out-of-state private placing agencies. Makes other changes. Effective immediately.

Senate Committee Amendment No. 3
In the Section concerning tax exempt agencies, provides that a licensed child welfare agency shall not be prohibited from using the services of any person, group of persons, agency, association, organization, corporation, institution, center, or group as an independent contractor to perform services on behalf of that licensed agency, provided that the agency has a written agreement with the independent contractor specifying the terms of remuneration, the services to be performed, the personnel performing those services, and the qualifications of the personnel, in addition to any other information or requirements the Department of Children and Family Services may specify by rule. Grants the Department the authority to disapprove the use of any contractor if the Department is not satisfied with the agency's agreement with the contractor, the personnel of the contractor who are performing the services, or the qualifications of the personnel or if the contractor violates any provision of the Child Care Act of 1969 or the Adoption Act.

Actions 
DateChamber Action
  2/24/2005HouseFiled with the Clerk by Rep. Sara Feigenholtz
  2/24/2005HouseFirst Reading
  2/24/2005HouseReferred to Rules Committee
  3/1/2005HouseAssigned to Executive Committee
  3/8/2005HouseRe-assigned to Adoption Reform
  3/9/2005HouseAdded Chief Co-Sponsor Rep. Lovana Jones
  3/9/2005HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  3/9/2005HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  3/9/2005HouseChief Co-Sponsor Changed to Rep. Lovana Jones
  3/9/2005HouseChief Co-Sponsor Changed to Rep. Naomi D. Jakobsson
  3/9/2005HouseChief Co-Sponsor Changed to Rep. Linda Chapa LaVia
  3/10/2005HouseCommittee Deadline Extended-Rule 9(b) March 17, 2005
  3/11/2005HouseAdded Co-Sponsor Rep. Lou Lang
  3/15/2005HouseAdded Chief Co-Sponsor Rep. Patricia Reid Lindner
  3/15/2005HouseRemove Chief Co-Sponsor Rep. Patricia Reid Lindner
  3/16/2005HouseDo Pass / Short Debate Adoption Reform; 006-000-001
  3/16/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2005HouseCo-Sponsor Rep. Annazette Collins
  3/24/2005HouseAdded Co-Sponsor Rep. Angelo Saviano
  3/30/2005HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/30/2005HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/5/2005HouseHouse Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  4/5/2005HouseHouse Amendment No. 1 Referred to Rules Committee
  4/5/2005HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  4/5/2005HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  4/6/2005HouseAdded Chief Co-Sponsor Rep. Patricia Reid Lindner
  4/6/2005HouseRemove Chief Co-Sponsor Rep. John A. Fritchey
  4/6/2005HouseRemoved Co-Sponsor Rep. Patricia Reid Lindner
  4/6/2005HouseAdded Co-Sponsor Rep. John A. Fritchey
  4/6/2005HouseHouse Amendment No. 1 Rules Refers to Adoption Reform
  4/7/2005HouseAdded Co-Sponsor Rep. David E. Miller
  4/7/2005HouseAdded Co-Sponsor Rep. Arthur L. Turner
  4/7/2005HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/7/2005HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/7/2005HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  4/7/2005HouseHouse Amendment No. 1 Recommends Be Adopted Adoption Reform; 007-000-000
  4/8/2005HouseAdded Co-Sponsor Rep. Monique D. Davis
  4/8/2005HouseAdded Co-Sponsor Rep. Michael Tryon
  4/8/2005HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  4/8/2005HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/8/2005HouseAdded Co-Sponsor Rep. Karen May
  4/8/2005HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHouse Amendment No. 1 Adopted by Voice Vote
  4/8/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/11/2005HouseRemove Chief Co-Sponsor Rep. Naomi D. Jakobsson
  4/11/2005HouseRemove Chief Co-Sponsor Rep. Linda Chapa LaVia
  4/11/2005HouseAdded Chief Co-Sponsor Rep. Keith P. Sommer
  4/11/2005HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  4/11/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/11/2005HouseAdded Co-Sponsor Rep. Eileen Lyons
  4/12/2005HouseAdded Co-Sponsor Rep. Julie Hamos
  4/12/2005HouseAdded Co-Sponsor Rep. Deborah L. Graham
  4/12/2005HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/12/2005HouseRecalled to Second Reading - Short Debate
  4/12/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/12/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  4/12/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  4/12/2005HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  4/12/2005HouseAdded Co-Sponsor Rep. Patricia Bailey
  4/12/2005HouseAdded Co-Sponsor Rep. William Davis
  4/13/2005HouseHouse Amendment No. 3 Filed with Clerk by Rep. Sara Feigenholtz
  4/13/2005HouseHouse Amendment No. 3 Referred to Rules Committee
  4/13/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/13/2005HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/13/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/13/2005HouseHouse Amendment No. 3 Adopted by Voice Vote
  4/13/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2005HouseAdded Co-Sponsor Rep. Calvin L. Giles
  4/14/2005HouseAdded Co-Sponsor Rep. Thomas Holbrook
  4/14/2005HouseAdded Co-Sponsor Rep. Robin Kelly
  4/14/2005HouseThird Reading - Short Debate - Passed 117-000-000
  4/14/2005HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/14/2005HouseRemoved Co-Sponsor Rep. Robin Kelly
  4/14/2005HouseAdded Co-Sponsor Rep. Robert F. Flider
  4/14/2005HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  4/14/2005HouseAdded Co-Sponsor Rep. Robin Kelly
  4/15/2005SenateArrive in Senate
  4/15/2005SenatePlaced on Calendar Order of First Reading April 19, 2005
  4/15/2005SenateChief Senate Sponsor Sen. John J. Cullerton
  4/15/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  4/15/2005SenateFirst Reading
  4/15/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Judiciary
  4/21/2005SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/2/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  5/3/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  5/3/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  5/3/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  5/3/2005SenateSenate Committee Amendment No. 3 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  5/3/2005SenateSenate Committee Amendment No. 3 Rules Refers to Judiciary
  5/3/2005SenateSenate Committee Amendment No. 2 Adopted
  5/3/2005SenateSenate Committee Amendment No. 3 Adopted
  5/5/2005SenateDo Pass as Amended Judiciary; 009-000-001
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/10/2005SenateSecond Reading
  5/10/2005SenatePlaced on Calendar Order of 3rd Reading May 11, 2005
  5/12/2005SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/20/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/20/2005SenateThird Reading - Passed; 041-012-002
  5/20/2005SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/20/2005HouseArrived in House
  5/20/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2,3
  5/25/2005HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Sara Feigenholtz
  5/25/2005HouseSenate Committee Amendment No. 3 Motion Filed Concur Rep. Sara Feigenholtz
  5/25/2005HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Committee Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/25/2005HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Adoption Reform
  5/25/2005HouseSenate Committee Amendment No. 3 Motion to Concur Rules Referred to Adoption Reform
  5/25/2005HouseSenate Committee Amendment No. 2 Motion to Concur Recommends be Adopted Adoption Reform; 005-000-000
  5/25/2005HouseSenate Committee Amendment No. 3 Motion to Concur Recommends be Adopted Adoption Reform; 005-000-000
  5/28/2005HouseSenate Committee Amendment No. 2 House Concurs 112-001-000
  5/28/2005HouseSenate Committee Amendment No. 3 House Concurs 112-001-000
  5/28/2005HousePassed Both Houses
  6/24/2005HouseSent to the Governor
  8/15/2005HouseGovernor Approved
  8/15/2005HouseEffective Date August 15, 2005
  8/15/2005HousePublic Act . . . . . . . . . 94-0586

Back To Top