100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5972

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 50/9.1 new
750 ILCS 50/20b

    Amends the Adoption Act. Provides that a final order of adoption shall not be overturned by the court for any reason other than fraud on the part of the party adopting the child. Provides that if consent to adoption has been given by the Department of Children and Family Services and the Department seeks to withdraw or revoke its consent to adoption, it must, within 60 days after the date of the filing of the adoption petition containing the consent, file a petition asking the court to revoke the Department's consent and dismiss the adoption petition. Provides that within 30 days after filing the petition, the Department shall make a formal report to the court explaining it is seeking to withdraw or revoke consent. Provides that if the Department does not file the report within 30 days, the court shall dismiss the Department's petition. Provides that after an order of adoption by the court becomes final, the Department shall be fully bound by the order and may not later challenge the validity of the adoption proceedings, but shall be fully bound by the order. Provides that if the Department withdraws or revokes a consent to adoption or appeals a finalized order of adoption, the court shall order the Department to reimburse the prospective adoptive parents and other interested parties for all adoption expenses, including, but not limited to, all medical fees and costs and all legal fees and costs. Provides that the Department is barred from filing a motion or petition to vacate a final order of adoption or revoke consent to an adoption.


LRB100 23171 HEP 42401 b

 

 

A BILL FOR

 

HB5972LRB100 23171 HEP 42401 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adoption Act is amended by changing Section
520b and by adding Section 9.1 as follows:
 
6    (750 ILCS 50/9.1 new)
7    Sec. 9.1. Revocation of consent by the Department.
8    (a) If consent to adoption has been given by the Department
9and the Department seeks to withdraw or revoke its consent to
10adoption, it must, within 60 days after the date of the filing
11of the adoption petition containing the consent, file a
12petition asking the court to revoke the Department's consent
13and dismiss the adoption petition. Within 30 days after filing
14the petition, the Department shall make a formal report to the
15court explaining it is seeking to withdraw or revoke consent.
16The court shall rule upon the petition promptly upon receipt of
17the report.
18    (b) After an order of adoption by the court becomes final,
19the Department shall be fully bound by the order and may not
20later challenge the validity of the adoption proceedings, but
21shall be fully bound by the order.
22    (c) If the Department withdraws or revokes a consent to
23adoption or appeals an order of adoption, the court shall order

 

 

HB5972- 2 -LRB100 23171 HEP 42401 b

1the Department to reimburse the adoptive parents and other
2interested parties for all adoption expenses, including, but
3not limited to, all medical fees and costs and all legal fees
4and costs. The court shall determine the amount of the
5reimbursement owing and shall enter the same as a money
6judgment in favor of the adoptive parents or other interested
7party.
 
8    (750 ILCS 50/20b)
9    Sec. 20b. Time limit for relief from final judgment or
10order; Department barred from filing for relief.
11    (a) A petition for relief from a final order or judgment
12entered in a proceeding under this Act, after 30 days from the
13entry thereof under the provisions of Sec. 2-1401 of the Code
14of Civil Procedure or otherwise, must be filed not later than
15one year after the entry of the order or judgment. A final
16order of adoption shall not be overturned by the court for any
17reason other than fraud on the part of the party adopting the
18child.
19    (b) The Department is barred from filing a motion or
20petition to vacate a final order of adoption or revoke consent
21to an adoption.
22(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96.)